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Home My WebLink About132133 WASTE-NOT RECYCLING (EARTH ENTERPRISES) - CONTRACT - BID - 5801 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 Earth Enterprises, Inc. DBA Waste -Not Recycling, 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 two (2) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence September 1, 2003, and shall continue in full force and effect until August 21, 2004, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 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. SA 10/01 1 V14,11/1N.j_ 1e�a; 5'u35<72'" a..SOR—D,, CERTIFICATE OF Colorado Farm Bureau Mutual Ins. 2205 1ST Ave. Greeloy, CO $0631 970-352-9408 SCOTT PZARCRY OW" ART ESN RpRissir Z , AKA WASTE NOT RECYCLING 1205 HOPE AVENUE PIERCE, CO 80650 FAPr%l ELF'Ei�L[ PL•i� d_ INSURANCE 04/14/2003 0 NAICV 'K POPOLiCIFS OF INSURANCE LISTED BELOW HAVE BEEN IESUE4 TO THE IN8VRED NA 40 ANO`✓E FOR THE POLICY PERIOD NDICATW. NOTWITHSTANDING ANY REOVIREMENT, TERM OR CONDITION OF ANY CONTRACT R OTHER DOCUMENT WITH REE►ECT To WHICH THIS CERTIFICATE MAY EE 06UE0 OR MAY PERTAIN, THS INSURANCE AFfORpEO BY THE POLIC ES RISEO MSREIN IS SUBJECT TO ALL THE TERMS, FXC-LL41CM AND CONOITIDNS OF BUCK I, POLICJES AGGREGATELUTSSHOWNMAYHAWBEE14RUMED rPAIDOLAENO, POIICr LttYSN - I ( 12/09/03 1ARE ! [[obwrAl 6VAUry rT: COUMeACW OfNE,N14Wll't•' anrn6..wf 7R occw I L502266 11/09/02 dioH OCCuwLSNC6 t 1, , 0 MD6V or.o.w� 111, 0� if, W� AOLfo1MLtABY11LARr 41,000,000 DfK. Aco.E6 n LW ANXES PER, x ' rolwr Lm ASioAROAfE $2,000, Q 66 +NoouCTr• OOIIOPAOo 1 , -7 WO + A ' AurawrLAUAwLm �ANVAurD ALLLOWNLDAV" ACHNXL MAVOA HIMOAV+ot NoNaAwfe.uros CL502166 21/09/02 11/09/03 IN Sr+oLfLAf 6500, 000 ,I�A�AWi�r !-_....� I IAppyAOj S.�arflwMef r OARAGA NA�4.,1r ANVAu'0 AIJN ONLY.q AC,.CFM _ . Orr" To" ALflODILIY: t lEACH I X ' I f17LCAAA'iMR96LA UASP6M•/ OCCUR ❑ CuClAl1i>;MADE !+ IUM3S9003 DfDL1Oryt,f ff1 xi RMNTM 410.0001 11/09/02 il/09/O] O.^,CUIMENGi t , 00-0 M•- f t _ t � j j nGa�efcorPRl+Arwau+o ttrLoratrLuwLnr ••�1°"A'0"'TM'� avrwuoi ueuato. r «s.w ►qoV oTwL EL EAfiNAOopt►fr t c. OA>•A! . to -._.+ .euiASE•FeUCMLNAT t RECYCLISOO COLLECTION CITY OF FORT COLLINS 61VULD4 'OFTWASM Cp=not'OLI=aCAMCaMNVID ITom bpVArQN PO BOX $8 0 DATS TNwoF. TIt ANu INIIrtu rra L ro Lrrl 10 CAw MMOM FORT COLLINS, CO 80522-0308 KiTKdTOTrtOBRMuteHum wmwTor'sLVT,"AYLLmToCDaowwu Wa" NO C&AW,DN a LAMM OF AW NM t/oN Tw mupo L m wm on � 8/25/2003 16:39 Van Gilder Insurance Corp- Shirley Bolstok->•Jan 2/2 AQBQ„, CERTIFICATE OF LIABILITY INSURANCE DATE (MMI DIYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway, Suite 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Denver, CO 80203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 303 837-8500 INSURERS AFFORDING COVERAGE INSURED INSURER A. Plnnacol Assurance OnePoint Employer Solutions 5655 S Yosemite St. INSURER B. Suite 100 INSURER C: NSURER 0: Englewood, CO 80111 -3218 INSURER E: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Im NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE / DIY POLICY EXPIRATION E M LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ CLAIMS MADE 11 OCCUR PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIM ITAPPLIES PER 17 POLICY PRO LOC PRODUCTS-COMPfOPAGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT Ea accitlenl) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per parson) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accitlenl) $ PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4028674 12/01/02 12/01/03 X _UM;S OTH- FR- E.L. EACH ACCIDENT $500,000 E.L. DISEASE -EA EMPL OYES $500,000 E.L. DISEASE-POLICYLIMIT $500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS This Certificate shows that Waste Not Recycling is covered under the Workers Compensation Policy issued to One Point Employers Solutions. City of Fort Collins Attn: Jan 281 N College Avenue Fort Collins, CO 80524 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL3Q._DAYS WRITTEN NOTICE TOTH E CERTIFICATE H OLDER NAMED TO TH E LEFT, BUT FAILURE TO D O SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVE ACORD 25-S(719711 . f 4 *Qg47047IIIAnnOn Gn 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 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins, Purchasing Earth Enterprises, Inc. DBA Waste -Not Recycling P. O. Box 580 1065 Poplar Street Ft. Collins, CO 80522 Loveland, CO 80657 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 Forty-eight Dollars 48.00 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. SA 10/01 2 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 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 SA 10/01 3 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 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) page, 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. SA 10/01 4 15. Entire Aqreement. 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. 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. SA 10/01 N CITY OF FORT COLLINS, COLORADO municipal corporation Jam B O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: . /_6 Earth Enterprises, Inc. DBA Waste -Not Recycling By:s� r i zm Z it J rt i fry (2 . C o ryi e,(- PRINT NAME Prg ,s i den :t- CORPORATE PRESIDENT OR VICE PRESIDENT Date: 8 —1 1 — O 3 (Corporate Seal) SA 10/01 ONM11 INSURANCE REQUIREMENTS 1. 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. 2. 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: 1. 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 7 EXHIBIT A SCOPE OF WORK 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 corrugated cardboard (OCC) and paperboard (`OMX'). One unit collects corrugated cardboard only. The other compactor collects paperboard (or 'kraftboard'), telephone books, and brown paper bags. Compactor units both have 4-cubic yard charge box hoppers and are activated with an electronic eye. One 30-cubic yard open box container collects 1#7 ONP'. This paper grade mix is a standard industry commodity that includes newspaper, magazines, junk mail, and catalogs. Two 30-cubic yard open box containers collect commingled bottles and cans, including steel cans, aluminum cans, #1 and #2 narrow -neck plastic bottles, and glass containers. 3. Requirements of Contract 1. The hauling contractor must provide monthly reporting and documentation by the 5th business day of the month as follows: a. All weights collected, by material, and on a "per pull" basis. b. Market pricing for materials, with revenue figures including invoices or checks as requested. 2. Materials must go to Larimer County Recycling Center (LCRC), 5887 S. Taft Hill Road, Fort Collins, to be processed or as approved by the City Representitive. 3. Containers must be pulled on a weekly schedule or when reasonably full (3/4 or better by weight). 4. "Turnaround" time for any container must not exceed 2-3 hours 5. Contractor must clean up any overflow material that spills out from compactor unit hoppers before leaving the site to deliver containers. Contractor may have to leave ram/blade in the "in" position and run the compactor, when necessary to make room for the spillage. 6. On weekdays (Mon -Fri) containers must be pulled within four (4) hours if contacted by the City of Fort Collins to report a full container SA 10/01 8 7. Compactor units must be reconnected to hopper and the "reset" button must be pulled out before driver leaves the drop-off site. 8. The hauling contractor will provide containers to collect materials that are received when the regular containers are being emptied. 9. The paperboard ('OMX') must be delivered to Larimer County Recycle Center on Monday and/or Thursdays between 2:30 p.m. and 2:45 p.m., or by appointment with 24-hours notice as requested by LCRC operator. 10. Contractor will share with the City of Fort Collins revenues derived from the sale of contract recyclables at the rate of 30%, payable to the City by the 30th of the month subsequent to the month the recyclables were sold. SA 10/01 9