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Home My WebLink About119699 GALLEGOS SANITATION - CONTRACT - BID - 5679 RECYCLED MATERIALS HAULINGSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and GALLEGOS SANITATION hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 31, 2002. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by SA 10/01 t rI icntH- '291,;�A r 71 T.CA CERTIFICA- :OF LIABILITY INsur ACE 10/ACOR 02/7 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc 4821 Wheaton Drive ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 270370 Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE INSURED Gallegos Sanitation, Inc. P.O. Box 1986 Fort Collins, CO 80522 INSURERA:P1nnaC01 Assurance NSURER B: INSURER C: INSURER D: N SU RER E: (:OVENa(:ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSK)NS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATIONLTR LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any one fire)$ COMMERCIAL GENERAL LIABILITY _ CLAI MS MADE OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GENLAGGREGATE LIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ POLICY PRO ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ BODILY INJURY $ — HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ ---j — (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ OTHERTHAN EAACC $ ANYAUTO $ j AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR E CLAIMSMADE $ DEDUCTIBLE $ RETENTION $ A I WORKERS COMPENSATION AND 14039761 02/01/01 06/01/01 X WCSTATU- OTH- EMPLOYERVLIABILITY E.L. EACH ACCIDENT $100 000 E.L.DISEASE-EA EMPLOYE $100 000 E.L.DISEASE-POLICYLIMI $500 000 OTHER I DESCRIPTION OF OPERATIONS/LOCATIONS/ D MENT/SPECIAL PROVISIONS LUS All Operations/All L FEB 12 2001 CITY OF FORT COLLINS City of Fort Collins Director of Purchasing & Risk Mgmt P O Box 580 Ft Collins CO 80522 DATE THEREOF,THE ISSUING INSURER WILL ENDEAVORTO MAIL3.0— DAYS WRITTEN NORCETOTHE cERnFighE HOLDERNAMEDTOTFE LEFT, BUYFAILURE TO DOSOBiALL IMPOSE NOOBLIGA71614 OR LIABILITY OF ANYKIND UPON THE INSURERITSAGENTS OR ACORD25-S(7re7)1 of 2 #S176037/14176035 /f KLB 0A(EORDCORPORATION 1988 EXHIBIT "Co CITY OF FORT COLLINS BID PROPOSAL BID #5679 BID OPENING: RECYCLED MATERIALS HAULING FEBRUARY 28, 2002, 3:00 P.M. lour clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR RECYCLED MATERIALS HAULING PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins Natural Resources Department is requesting bids to haul recyclable materials from a new City of Fort Collins Recycling public drop-off facility, located at 1702 Riverside Avenue, north of Rivendell School. Contractor must deliver to legitimate processing plants. This contract will be for this year only. Contractor will keep all revenue from all recyclable materials. Awarded contractor must sign the attached Service Agreement and name the City of Fort Collins as an additional insured per Exhibit "B". A PREBID WILL BE HELD ON FEBRUARY 13, 2002 10:00 AM AT 215 N_ MASON, CONFERENCE ROOM 1A, AND IS HIGHLY RECOMMENDED FOR CONTRACTORS TO ATTEND. For Technical questions, please call Henry Jeans, Project Manager at 970-416-2616. For Purchasing questions, please call John Stephen, CPPB, Senior Buyer, at 970-221-6775 BID SCHEDULE Contractor must haul and record all information as requested per the attached specification. Contractor is responsible for all fees, permits and any associated costs. COST PER HAUL $ 5D . O O FIRM NAME GA1-1—E6-05 S,4AllrA7-10•J /Wi2. Age you a Corpojation, Partnership, DBA, LLC, or PC ADDRESS //6y Z)- VIA16 Ae l VC - do (-c.,/,,) S- co go SS.1 r PHONE/FAX# 9%6 - -SSSG^ FA�c 970- WL/- 06 6 z the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: John D. Stephen, CPPB, Senior Buyer City of Fort Collins, Purchasing Division P. O. Box 580 Fort Collins, CO 80522 Service Provider: Gallegos Sanitation, Inc. 1104 W. Vine Drive Fort Collins, CO 80521 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Fifty Dollars ($50.00) per haul. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall SA 10/01 2 neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party SA 10/01 3 commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B" consisting of one (1) pages, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. SA 10/01 4 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. A ST: O� RPORATE SECRETAWY CITY OF FORT COLLINS, COLORADO a mu cipal corporation By. du James 9. O'Neill ll, CPPO, FNIGP Director of Purchasing and Risk Management Date: 3--2?- 0'a-. GALLEGOS SANITATION, INC. By: & -01 d A1441K 6",Cieso PRINT NAME GENERA-.. ti(4,04&62 CORPORATE PRESIDENT OR VICE PRESIDENT Date: 3-.25- o z (Corporate Seal) SA 10/O1 EXHIBIT "A" SPECIFICATIONS 1. Facility Description: The one -acre drop-off site is open year-round to the public during daylight hours, containing: Two hydraulic compactor units (40-cubic yard boxes), and Three standard 30-cubic yard, open box, containers with open-door recycling roofs. 2. Materials Collected Two 40-yard compactor units are used to collect paper fiber commodities that fall into a so- called "browns" category. "browns" are defined as a combination of old corrugated cardboard (OCC), paperboard ("kraftboard"), and brown paper bags. Compactor units both have 4-cubic yard charge box hoppers and are activated with an electronic eye. Two 30-cubic yard open box containers will collect'#7 News'. This paper grade mix is an standard industry commodity that includes newspaper, magazines, junk mail, and office paper. One 30-cubic yard open box container will collect commingled bottles and cans, including steel cans, aluminum cans, #1 and #2 narrow -neck plastic bottles, and glass containers. 3. Requirements of Contract The hauling contractor must provide monthly reporting and documentation as follows 1. All weights collected, by material, and on a "per pull' basis. 2. Market pricing for materials, with revenue figures including invoices or checks as requested. 3. Materials must go to valid (certifiable or verifiable) materials recovery facility. 4. Containers should only be pulled when reasonably full (3/4 or better by weight). 5. "Turnaround" time for commingled container must not exceed 2-3 hours. SA 10/01 2. EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 10/01 EXHIBIT "C" CITY OF FORT COLLINS BID PROPOSAL BID #5679 BID OPENING: RECYCLED MATERIALS HAULING FEBRUARY 28, 2002. 3:00 P.m. lour clock WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR RECYCLED MATERIALS HAULING PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins Natural Resources Department is requesting bids to haul recyclable materials from a new City of Fort Collins Recycling public drop-off facility, located at 1702 Riverside Avenue, north of Rivendell School. Contractor must deliver to legitimate processing plants. This contract will be for this year only. Contractor will keep all revenue from all recyclable materials. Awarded contractor must sign the attached Service Agreement and name the City of Fort Collins as an additional insured per Exhibit -B'. A PREBID WILL BE HELD ON FEBRUARY 13, 2002 10.-00 AM AT 215 N. MASON, CONFERENCE ROOM 1A, AND IS HIGHLY RECOMMENDED FOR CONTRACTORS TO ATTEND, For Technical questions, please call Henry Jeans, Project Manager at 970-416-2616. For Purchasing questions, please call John Stephen, CPPB, Senior Buyer, at 970-221-6775 BID SCHEDULE Contractor must haul and record all information as requested per the attached specification. Contractor is responsible for all fees, permits and any associated costs. COST PER HAUL $ SD. OO FIRM NAME GAk Z-E6-05 SAoJ,'rA7-1oA) /A✓e. Are you a Corpoaation, Partnership, DBA, LLC, or PC SIGNATURE�� ADDRESS Z�O i' G�% VI n/C GoaC-c- /,os Co SOS -.It PHONE/FAX# 970 - FA,,C g%0- WV- 06 G z 03/27/2002 14:27 970484. ] BORRETTLEAVITT PAGE 01/01 AC:URD r CERTIFICATE Ur LIAB 'R cm (970)484-0097 FAX (970)484-7077 Borrett-Leavitt Insurance Agency, Inc. P.O. Box 272289 Fart Collins. CO 80527-2289 A Gallegos Enterprises, Inc 1106 W. Vine St Fort Collins, CO 80521 'ANCE LISTED BELOW HAVE BEE W OR CONDITION OF ANY COW TRANCE AFFORDED BY THE ROL LIMITS SHOWN MAY HAVE BEEN ILITY INSURANCE DATE IMOVWM THI$ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 002 HOLDER.ONLY THIS CONFERS I$ CERTIF CATS DOES NOT AMEND, EXTCATIE END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA Wausau Insurance Company INSURER B: INSURER C: Xi8URER M: INSURER E: IS SUBJECT TO ALL THE TERMS, LIABILm BO 1187 JB Ol/26/2002 -MITE IN Ol/26/20D3 I LIMTa ERCVIL GENERAL LMBILm EACH OCCURRENCE > FIRE DAMAGE (AM 11Befi�) LAIMS MADE O OCCUR MED EXP WW we peN ) $ PERSMNAL.AAWINJURY $ GENERAL AGGREGATE S REUM OMIT APPLIES PER: PRODUCTS. COMP/DP AGO S Y EECf LOC [WNUABILJTY LE LIABILITY TO NEDAUTOSULED AUTOS COMEIRCIN�SINGLE LIMITS BODILY INJURY(PerAUTOS WNED AUTOS BODILY INJURY (Px Aecigero S PROPERTY DAMAGE (Per adeSNlt) S CIWGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT S OTHERTHAN EAAcc $ AUTO ONLY: AGG i EXCESS UAwLm OCCUR CLAIMS MADE EACH OCCURRENCE S AGGREGATE S S OEIXICTIBLE i RETENTION $ S WORIKEREMPLOYs00MPENSATox AND EMPLOYERS'LWBX.I7T _ TORY LIMBS ER E.I. EACH ACCIDENT S E.L DISEASE -EA EMPLOYS 4 insured on the above General Liability policy: Everwest, Sears Roebuck & Co, J.C. Penney & City of Fort Collins Purchasing Department P.O. Box 580 Fort Collins, CO $0522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES ME CANCELLED BEFORE THE EXPIRATION MATE THEREOF, ME ISSUING COMPANY WALL ENDEAVOR TO MAL `DAYS YNRRAEN NOTICE M THE CERTIFICATE HOLIER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE EHAU, IMPOSE NO OBLOAT10N OR UAMLm CF IWY RINI111MNTuv mus.uv wr ...-....-�- �_