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HomeMy WebLinkAbout109244 WASTE MANAGEMENT - CONTRACT - BID - 5875 REFUSE TRASH HAULING ANNUALSERVICES 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 WASTE MANAGEMENT INC., 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 twelve (12) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 1, 2005, and shall continue in full force and effect until February 28, 2006, 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. 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. 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 SA 1 W2004 Trash Service for City of Ft Collins Dept/Address 1200 Raintree-Senior Center Duration of Service Size 3cv Qty 1 # PU/ week on -call MIMMIM $20.00 per dump NIA per EB City Park Pottery 1541 W Oak 3cy 1 1 $40.00 $480.00 Mulberry Pool-424 S Sherwood 2cv 1 1 $25.00 $300.00 Northside Aztlan Community Center 112 E willow 6cy 1 1 $52.00 $624.00 EPIC-1801 Riverside Ave 8cy 1 3 $195.00 $2 340.00 Streets-625 9th Street 3cy 2 3 $156.00 $1872:00 Streets-625 9th Street 2cy 1 1 3 1 $58.00 $696.00 Streets-625 9th Street tote 1 3 $25.00 $300.00 Lincoln Center-417 Magnolia St 3cy 3 2 MOM $1,920.00 Martinez Farm-600 N Sherwood 4cy 1 1 $40.00 $480.00 Marksmen Range -Midpoint Dr 3cy 1 1 $40.00 $480.00 Archery Range-2825 Frontage Rd SW 3cy 1 1 $40.00 $480.00 Human Rights Office-200 W Mountain 2cy 1 1 $25.00 $300.00 Bldg C Light &Power 700 Wood 6cy 1 1 $52.00 $624.00 Recreation De t-214 N Howes St 3cy 1 1 1 1 $40.00 $480.00 Soldier Dam W7P#2-W Laporte 3cv 5 1 $130.00 $1 560.00 Water Meter Bld D-700 Wood 4cy 1 2 $72.00 $864.00 Water Crew Bid A-700 Wood 4cy 1 2 $72.00 $864.00 Transfort-6570 Portner Rd 6cy 1 2 $100.00 $1,200.00 wwt#2 3036 E Drake Rd 8cy 1 1 $80.00 $960.00 wwt#2 3036 E Drake Rd 3cy 4 7 $650.00 $7,800.00 WWT#1-918 Mulberry St 6days/week) 2cy 3 6 $320.00 $3,840.00 Parking Gara a-102 Remington 2cy 1 2 $42.00 $504.00 PFA Training 3400 W Vine 2cy 3 1 $55.00 $660.00 PFA Station 1-505 Peterson St 4cy 1 1 $40.00 $480.00 PFA Station 2-416 S Bryan St 2cy 1 1 $25.00 $300.00 PFA Station 4-2030 Devonshire Dr tote 1 1 $15.00 $180.00 PFA Station 5-615 Hogan Dr 2cy 1 1 $25.00 $300.00 PFA Station 6-2511 Donella Ct (Every Other Week 4cy 1 0.5 $25.00 $300.00 PFA Station 7-2817 N Overland Tr 2cy 1 1 $25.00 $300.00 PFA Station 8-4104 Main St, Timnath 3cy 1 1 $40.00 $480.00 Trash Service for City of Ft Collins DepttAddress PFA Station 10-2067 Vermont Or Duration of Service Size 2cy City 1 # PU/ week 1 $25.00 $300.00 PFA Station 12-321 E Country Club Rd 29 1 1 $25.00 $300.00 PFA Station 14-2109 Westchase Rd 2cv 1 1 $25.00 $300.00 PFA Station 14-2109 Westchase Rd tote 1 1 $15.00 $180.00 Public Libra -201 Peterson St 3cy 1 3 $75.00 $900.00 Police Annex-228 Laporte Ave 2cy 1 1 $25.00 $300.00 City Hall Com lex-300 Laporte Ave 3cV 4 2 $235.00 $2,820.00 Avery House-108 N Meklrum tote 1 2 $24.00 $288.00 Bldg Maintenance-117 N Mason 2cy 1 2 $42.00 $504.00 Police Services- 256 W Mountain 2cy 1 1 $25.00 $300.00 PlaNParkslEngICDBG 281 N College 32 2 2 $100.00 $1,200.00 Equipment Sho -835 Wood St 6cy 1 1 $52.00 $624.00 Fleet-906 W Vine Or 4cy 1 3 $104.00 $1 248,00 Downtown Restrooms-123 E Oak St 2cv I 1 1 1 $25.00 $300.00 Downtown Maintenance - 304.5 N Howes St 62 1 2 $100.00 $1,200.00 Gardens on Spring Creek-2145 S Centre Ave (Every Other Week 2cy 1 0.5 $12.00 $144.00 Gateway Mountain Park-5216 Poudre Canyon Hwy 2c 1 1 $25.00 $300.00 Greenbriar Park-730 Willox Lane 3cv 1 2 $54.00 $648.00 Museum - 200 Mathews St 3cv 1 on -call $20.00 per dump NIA per EB Operations Services - 112 N Howes St 2cy 1 1 1 1 $25.00 $300.00 Parking Garage (Civic)- LaPorte & Mason 2cy 2 1 $42.00 $504.00 City Office Bldg - 215 N Mason 3cy 2 1 $52.00 $624.00 Recycle Drop -Off - 1702 Riverside Ave 3cy 2 2 $100.00 $1,200.00 Traffic Operations - 626 Linden St 3cy 1 1 $40.00 $480.00 Traffic Operations - 626 Linden St (Every Other Week 6cy 1 0.5 $30.00 $360.00 Traffic Operations -626 Linden St tote 1 1 $15.00 $180.00 Youth Activity Center- 415 Monroe Dr (Every Other Week 3cy 1 0.5 $20.00 $240.00 Roil -Off Pricing x15 pulls est/r 20y as needed $175.00 per pull $2,625.00 est 15 ullsl ear Roll -Off Pricing (x50 pulls est/yr) .30y as needed $230.00 per pull $11,500.00 lest 50 pulls/year TOTALS: MONTHLY & ANNUALLY Monthly total (sum this column) Annual Total (sum this column) $6,714,00 $77,667,00 CI "I P OF FORT COLLINS Departmental Contact List liarrh 1, 2005 to Feb 28, 2006 Trash Sall ae for Ctty of Ft Collins DepttAddrass Duration of Service size Qty`; i1 Pul ;. week 2 Month Accounts Collindale Golf/1441 E Horsetooth Nov & Feb (2mos) 2cy 2 1 221-6651 5 Month Accounts Martinez Park/600 N Sherwood St Nov -Mar 6cy 1 1 221-6665 Outdoor Pool City Parks, 1599 City Park Or May -Sept 3cy 1 3 484-7665 Warren Parkl1101 E Horsetooth Nov -Mar 2cy 1 1 221-6660 6 Month Accounts PFA Station #3-2000 Mathews St Oct -Mar 2cy 1 1 416-2603 PFA Station #3-2000 Mathews St Apr -Sept 2cy 1 3 416-2603 Collindale Golf 1441 E Horsetooth Apr -Sept 2cy 2 3 221-6651 Collindale Golf 1441 E Horsetooth Oct -March 2cy 1 2 221-6651 Collindale - Manno's Grille (was Braun's) Apr -Sept 6cy 1 3 221-6651 City Park Nine 411 S Bryan Apr -Sept 3cy 1 3 221-6650 City Park Nine 411 S Bryan Oct -Mar 2cy 1 1 221-6650 Southridge Golf 5750 S Lemay Apr -Sept 6cy 2 1 226-2828 Southridge Golf 5750 S Lemay Oct -Mar 6cy 1 1 226-2828 Southridge Maintenance - 5090 S Lemay Apr -Sept 6cy 1 1 226-2828 7 Month Accounts City Park Ballfield 211 S Bryan Apr -Oct 3cy 1 2 221-6660 City Park Picnic area Bryan & Oak Apr -Oct 3cy 1 2 221-6660 Edora Park - 1420 E Stuart St Apr -Oct 30y 1 2 221-6660 Edora Park - 1420 E Stuart St Apr -Oct 6cy 1 1 3 1 221-6660 BMX Track @ EPIC (1801 Riverside Ave) Apr -Oct 6cy 1 2 221-6683 Martinez Park-600 N Sherwood St Apr -Oct 4cy 1 1 221-6665 Outdoor Pool- City Park, 1599 City Park Or Apr -Oct 3cy 1 2 484-7665 Rolland Moore Park 2201 S Shields Apr -Oct 2cy 3 3 221-6660 Rolland Moore Park 2201 S Shields Apr -Oct 6cy 2 3 221-6660 Spring Park-E Stuart & Busch CI Apr -Oct 2cy 1 2 221-6660 Spring Park-E Stuart & Busch Ct Apr -Oct 6cy 1 2 221-6660 Warren Park-1101 E Horsetooth Apr -Oct 2cy 1 2 221-6660 Beattie Park-500 blk Nighthawk Apr -Oct 2cy 1 1 221-6660 12 Month Accounts 1200 Raintree-Senior Center 3cy 2 3 221-6644 1200 Raintree-Senior Center I 3cy 1 1 221-6644 Trash service for Ctiy of Ft Collihs Dopt/Address 1200 Raintree-Senior Center Duration of Service Size 3cy My 1 At Pul week on -call MINNIM 221-6644 City Park Pottery 1541 W Oak 3cy 1 1 221-6204 Mulberry Poo1-424 S Sherwood 2cy I 1 1 1 221-6657 Northside Aztlan Community Center 112E Willow 6cy 1 1 221-6655 EPIC-1801 Riverside Ave 8cy 1 3 221-6683 Streets-625 9th Street 3cy 2 3 221-6615 Streets-625 9th Street 2cy 1 3 221-6615 Streets-625 9th Street tote 1 3 221-6615 Lincoln Center-417 Magnolia St 3cy 3 2 221-6733 Martinez Farm-600 N Sherwood 4cy 1 1 221-6665 Marksmen Range -Midpoint Or 3cy 1 1 221-6660 Archer Ran a-2825 Frontage Rd SW 3cy 1 1 1 221-6660 Human Rights Office-200 W Mountain 2cy 1 1 221-6871 Bldg C Light &Power 700 Wood 6cy 1 1 221-6700 Recreation Dept-214 N Howes St 3cy 1 1 221-6640 Soldier Dam WTP#2-W Laporte 3cy 1 5 1 221-6690 Water Meter Bld D-700 Wood 4cy 1 2 221-6700 Water Crew Bld A-700 Wood 4cy 1 2 221-6700 Transfort-6570 Portner Rd 6cy 1 2 224-6161 wwl#2 3036 E Drake Rd 7 days/week) 3cy 1 4 7 1 221-6900 wwt#2 3036 E Drake Rd 8cy 1 1 221-6900 wwt#2 3036 E Drake Rd 2cy 2 1 221-6900 WWT#1-918 Mulberry St fidays/week) 2cy 3 6 221-6900 Parking Garage-102 Remington 2cy 1 2 221-6617 PFA Training 3400 W Vine 2cy 3 1 221-6244 PFA Station 1-505 Peterson St 4cy 1 1 221-6596 PFA Station 2-416 S Bryan St 2cy 1 1 416-2602 PFA Station 4-2030 Devonshire Dr tote 1 1 416-2604 PFA Station 5-615 Hogan Or 2cy 1 1 416-2605 PFA Station 6-2511 Donella Ct (Every Other Week) 4cy 1 0.5 416-2606 PFA Station 7-2817 N Overland Tr 2cy 1 1 416-2607 PFA Station 84104 Main St, Timnath 3cy 1 1 221-6570 Train Service for City of t Collins Dept/Address PFA Station 10-2067 Vermont Dr Duration of Service Size 2cy City 1 #PU! week `. 1 MW 416-2610 PFA Station 12-321 E Country Club Rd 2cy 1 1 221-6570 PFA Station 14-2109 Westchase Rd 2cy I 1 1 221-6570 PFA Station 14-2109 Westchase Rd tote 1 1 221-6570 Public Library-201 Peterson St 3cy 1 3 221-6526 Police Annex-228 Laporte Ave 2cy 1 1 221-6550 City Hall Complex-300 Laporte Ave 3cy 4 2 221-6505 Avery House-108 N Meldrum tole 1 2 221-6610 Bldg Maintenance-117 N Mason 2cy 1 2 221-6610 Police Services- 256 W Mountain 2cy 1 1 221-6550 PlanlParkslEng/CDBG 281 N College 3cy 2 2 221-6376 Equipment Shop-835 Wood St 6c 1 1 221-6612 Fleet-906 W Vine Dr 4c 1 3 221-6766 Downtown Restrooms-123 E Oak St 2cy 1 1 221-6611 Downtown Maintenance - 304.5 N Howes St 6cv 1 2 221-6611 Gardens on Spring Creek-2145 S Centre Ave (Every Other Week) 2cy 1 0.5 221-6881 Gateway Mountain Park-5216 Poudre Canyon Hwy 2cy 1 1 221-6660 Greenbriar Park-730 Willox Lane 3cy 1 2 221-6660 Museum -200 Mathews St 3cy 1 on -call 221-6738 Operations Services - 112 N Howes St 2cy 1 1 221-6611 Parking Garage (Civic)- LaPorte 8 Mason 2cy 2 1 221-6617 City Office Bldg - 215 N Mason 3cy 2 1 221-6611 Recycle Drop -Off - 1702 Riverside Ave 3cy 2 2 221-6600 Traffic Operations-626 Linden St 3cy 1 1 221-6630 Traffic Operations - 626 Linden St (Every Other Week) licy 1 0S 221-6630 Traffic Operations - 626 Linden St tote 1 1 221-6630 Youth Activity Center -415 Monroe Or (Every Other Week) I 3cy 1 0.5 416-2990 2005 Holidays The City recognizes the following nine (9) holidays in 2005: Holiday... Date observed... New Year's Day Friday, December 31, 2004 Martin Luther King Day Monday, January 17, 2005 President's Day Monday, February 21, 2005 Memorial Day Monday, May 30, 2005 Independence Day Monday, July 4, 2005 Labor Day Monday, September 5, 2005 Veteran's Day Friday, November 11, 2005 Thanksgiving Day Thursday, November 24, 2005 chnstmas uay zuub monaay, uecemoer zb, zuuo To: Ed Bonnette From: Dan DeWaard/Don Archuleta Re: City of Ft. Collins volumes into LCLF Dear Mr. Bonnette, WASTE MANAGEMENT 500 E. Vine Dr. Fort Collins, CO 80524 (970) 482-6319 (970) 482-4491 Fax Jan. 213% 2005 According to the refuse hauling agreement with the City of Ft. Collins, all volume collected from city facilities shale be disposed of at the Larimer County Landfill. As we have discussed in the past, due to logistical efficiencies Waste Management does not dispose of all of the "actual' volume from city containers into Larimer County, but does offset this volume with other designated equivalent volumes. This letter is to confirm how Waste Management diverts equivalent volume of waste to the Larimer County Disposal Site. For the past 5 years we have designated 2 routes as the disposal volume for the City. For 2004 the units designated were units 204339 & 205846. These will remain the same for 2005 and after, unless replaced with new equipment. The below stats are for the 2004 volume. 204339 —120 loads @ 28 compacted yards per load for 3360 total compacted yards 205846 — 110 loads @ 28 compacted yards per load for 3080 total compacted yards When every city account is active WM collects 700 loose yards per week from city facilities. Our trucks compaction ratio averages 8 to 1. Thus 700 yards times 52 weeks would equal 36,400 loose yards. Divide this by the compaction ratio, and the city volume equals 4550 compacted yards. Our designated units disposed of an offsetting volume of 6440 compacted yards into the Larimer County landfill, clearly more than covering the city required volume. If you have any further questions on this, please feel free to call Don Archuleta (416- 3574) or myself (416-3565). for your time and iness, D DeWaard Director of Operations Waste Management of No. Colorado A Division of Waste Management of Northern Colorado EXHIBIT B 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. CERTIFICATE OF INSURANCE 217/20004 Y> PRODUCER Lockton Companies of Houston 5847 San Felipe, 320 Houston, TX 77067 Hou57 NO-200-3538 (Phone) 866-492-1055 (Fax) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED: WASTE MANAGEMENT and Waste Management of Northern Colorado 500 East Vine street Fort Collins, CO 80624 Insurer A: ACE American Insurance Company Insurer B: Indemnity Insurance Company of North Amelia Insurer C: Insurer D: Insurer E: COVERAGES 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 LS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATIONLIMITS DATE GENERAL LIABILITY HDO G21712978 1/1/ZDD5 1/1/2006 EACH OCCURRENCE $ 5,000,000 A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE MY ONE FIRE) $ 5,000X0 X OCCURRENCE MEO EXP 1PIAPEnwN) X XOU INCLUDED PERSONAL & ADV INJURY $ 510001000 X ISOFORM01000011001 GENSRALAGGREGATE $ 6,000,000 GEWL AGGREGATE LIMIT APPLIES PER' PRODUCTSICOMP, OP. AGG $ 8,000,000 X PROJECT X LOCATION AUTOMOBILE LIAWLITY ISA H07932704 1/1/2005 1/1/2006 COMBINED SINGLE LIMIT $ 10,000,000 A X ANY AIITO IEAC ACCIDE ALLOWNEDAUT03 X HIREDAUTOS X NON -OWNED AUTOS X MCS•90 EXCES I.IA81LfTYIUMBREL A XOOG22082334 1/1/2005 1/1/2006 EACH OCCURRENCE $ 16,000.000 A X JOCCURRENOR AGGREGATE $ 15,000,000 CLAIMS MADE WORKERS' COMPENSATION WLR C44173803 (AOS) WLRC44181095(CA) SCF C44181058 (WI) 1/1/2005 111/2005 1/1/2006 V112006 1/1/20D8 1/1/2006 WORKERS' COMPENSATION STATUTORY B and EMPLOYERS LIABILITY ELEACHACCIDENT $ 3,000,000 A EL DISEASE -EA EMPLOYEE $ 3.000.000 ,4 EL DISEASE -POLICY LIMIT $ 3,000,000 REMARKS: DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS: BCH@CK BLANKET WNVFAOFSUBROGATXIN B GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICES WHERE EXT AND TO THE ENT REQUIRED BY WRITTEN CONTRACT. OX ® CERTIFICATE HOLOER IB NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMFIBL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER: CANCELLATION: City of Fort Collins P.O. BOX 580 Ft. Collins, CO 80622-0580 SHOULD 14YOF THE E 5WRIBED POLICIES BE CANCELLM BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL M DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE. NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REP ENTATNES.-EXCEPT IO DAYS NOTICE FOR NON-PAYMENT AUTHORIZED REPRESENTATIVE LO 3DVd 1N3W39VNVH 31SVM BEEOST70Z6 90:71 5B0Z/LOTTO notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Purchasing Division P.O. Box 580 Fort Collins, CO 80522 Attn: Ed Bonnette, C.P.M., CPPB, Buyer Service Provider: Waste Management Inc. 500 East Vine Drive Fort Collins, CO 80524 Attn: Don Archuleta, Account Manager 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, per Waste Removal Bid Sheet Attachment A. 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 neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written SA 1012004 2 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 everyterm 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 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 SA 1012004 3 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 two (2) 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. 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. 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 I W 004 4 CITY OF FORT COLLINS, COLORADO a municipal corporation B. Ja s . O'Neill 11, CPPO, FNIGP Dire r of Purchasing an/d Risk Management Date: 2j Z3 / 6 Waste Yanagemlen Inc. By: iV PRINT NAME � a� )& � ca CORPORATE PRESIDENT OR VICE PRESIDENT Date: H) )Xol� ATTEST: (torlibrate Seal) CORPORATE SECRETARY ,DYF/q 0� pCARj, G PUBS- OF SA 1012004 EXHIBIT A SCOPE OF WORK— REFUSE/TRASH HAULING FOR CITY FACILITIES General Specifications/Requirements: Waste Removal Services: 1) Service Provider must provide all labor and equipment necessary to remove waste from the locations and at frequencies listed on Bid Sheet (Attachment A). Total cost quotation shall include all charges associated with waste/trash removal; including required containers, equipment and labor. 2) Service Provider must provide 7 day per week service (including Holidays) for those scheduled for 7 day per week pick-ups listed in Waste Removal Bid Sheet (Attachment A). All other pick-ups scheduled on City Holidays, will be moved to the day following the observed City Holiday (see "2005 Holidays", attached). 3) Service Provider shall be responsible to locate and provide containers at the existing locations with the same capacities listed in Waste Removal Bid Sheet (Attachment A) of this document and meet or exceed the following requirements: a) heavy gauge steel construction on sides and bottom. b) flip type, hinged lid(s) of a light weight durable material (plastic, fiberglass, etc). c) lid locking mechanism/device to accept one standard type padlock (supplied by vendor), provided upon City request at no additional charge on a site by site basis. d) either flat bottomed or with industrial type casters on all corners, when requested by the City and where physical locations require regular moving, e) clear marking, permanent signage or color coding to identify container contents. 4) Service Provider shall be responsible for all risk of loss due to theft or vandalism pertaining to any equipment provided in conjunction with this bid. Likewise, replacement of containers, whether due to loss, physical condition or a City request shall be made without undue delay or interruption in service, and no later than 24 hours after the request. 5) All regularly scheduled pick-ups must be completed on schedule. If Service Provider misses three or more scheduled pick-ups during a calendar year, the contract may be canceled. Because of quantities of trash involved late or missed pick-ups at city locations must be made up on the same day. The City shall maintain the right to deduct from any payment to Service Provider, as liquidated damages, the unit cost, as calculated from their bid, for service that was not provided on the scheduled day, and twice the unit cost for any such removal which was not made on the day following the scheduled day. 6) The City shall retain the right to adjust its service schedules on an as needed basis. The City may add or delete services and adjust the prices according to the bid prices. 7) Requests for unscheduled pickups shall be honored by Service Provider. All non-scheduled pickups must be completed within 24 hours of the request. Requests for additional dumpsters shall also be honored, within 24 hours of the request. SERVICE PROVIDER'S RESPONSIBILITIES: 1) Service Provider shall pick up refuse from locations shown on Waste Removal Bid Sheet (Attachment A) at such times as reasonably specified by the City. All pickups shall be completed by 11:00 a.m. a. Refuse will be removed from the premises and disposed of at the Larimer County Landfill. In the event that there is an alternate landfill in closer proximity or, if Larimer County Landfill is not available, Service Provider agrees to deposit an offsetting volume of trash equal to or greater than the City's weekly volume into the Larimer County Landfill in order to compensate for the "volume loss" to Larimer County Landfill. NOTE: Service Provider has provided a Letter to Ed Bonnette dated January 21, 2005 (from Dan DeWaard/Don Archuleta) in which Waste Management guarantees that waste from designated routes shall be deposited in the Larimer County Landfill in order to more than exceed the theoretical maximum volume that the City would generate in the event that all locations were active at the same time at maximum volume. Waste Management has, in this manner, demonstrated a more than adequate "good faith effort" to comply with the Service Agreement provision that all city refuse volume (or an equivalent offsetting volume) be deposited in the Larimer County Landfill. 2) Trucks and equipment used will be properly inspected, licensed and insured. Containers shall be equipped with lids and kept in good repair at all times. 3) It will be the responsibility of the Service Provider to wash the inside of all containers regularly so odors are kept at a minimum and there is no accumulation of waste. 4) Service Provider shall be responsible for any damage claims arising from the operation of equipment or disposal of refuse. 5) Service Provider shall be responsible for all liability insurance and other legal requirements (see Exhibit B). 6) Service Provider shall provide one single point of contact to the City to handle any additional pick ups or missed deliveries, and notify the City immediately if there is a contact change. Service Provider shall also provide one single point of contact to the City to handle any billing issues. Service Provider agrees to hold prices firm for the term of the Annual Contract. Any price adjustment requests for the following year will be submitted when the Renewal Letter is sent out; the City of Fort Collins uses the Denver Boulder Greeley CPIU index published by the Colorado State Planning and Budget Office as a guide. Service Provider agrees that they will not charge the City any Fuel Surcharges, Finance Charges, or Late Charges. All billing will be sent to the Accounts Payable Department at P.O. Box 580, Fort Collins, CO 80522, not to the individual departments. The Contractor agrees to provide the City with an updated electronic spreadsheet detailing the new Monthly and Annual Charges within 30 days submittal of the signed Renewal Letter. a) SERVICE PROVIDER SERVICE ISSUES CONTACT: Don Archuleta TELEPHONE: (970) 416-3574 FAX: (970) 482-4491 EMAIL: darchule2@wm.com CELL #: (970) 567-0439 EMERGENCY: (970) 567-0439 BACKUP: Rich Morford (970) 567-0448 SERVICE PROVIDER BILLING ISSUES CONTACT: Jennifer West TELEPHONE: (970) 416-3552 FAX: (970) 482-4491 EMAIL: jzwest@wm.com CELL #: (970) 567-5280 EMERGENCY: (970) 567-5280 BACKUP: Kacey Oldright (970) 416-3546 b) CITY SERVICE ISSUES CONTACT: Ed Bonnette, Purchasing (also, see list of Departmental Contacts, attached) TELEPHONE: (970) 416-2247 FAX: (970) 221-6707 EMAIL: ebonnette@fcgov.com CELL #: N/A EMERGENCY: (970) 221-6775 BACKUP: Jim O'Neill (970) 221-6775 CITY BILLING ISSUES CONTACT: Alicja Miodonski TELEPHONE: (970) 416-2438 FAX: (970) 221-6782 EMAIL: amiodonski@fcgov.com CELL #: N/A EMERGENCY: (970) 221-6788 BACKUP: Linda Brown (970) 416-2441 CITY OF FORT COLLINS WASTE REMOVAL BID SHEET March 1, 2005 to Feb 28, 2006 Pricing Trash Service for City of Ft Size City # PU! Collins Dept/Address Duration of Service week 2 Month Accounts Collindale Golf/1441 E Horsetooth Nov &Feb 2mos 2c 2 1 $42.00 $84.00 5 Month Accounts Martinez Park/600 N Sherwood St Nov -Mar 6cy 1 1 $52.00 $260.00 Outdoor Pool City Parks, 1599 City Park Dr May -Sept 3cy 1 3 $75.OD $375.O0 Warren Park/1101 E Horsetooth Nov -Mar 2cy 1 1 $25.00 $125.00 6 Month Accounts PFA Station #3-2000 Mathews St Oct -Mar 2cy 1 1 $25.00 $150.00 PFA Station #3-2000 Mathews St Apr -Sept 2cy 1 3 $58.00 $348.00 Collindale Golf 1441 E Horsetooth Apr -Sept 2cy 2 3 $115.00 $690.00 Collindale Golf 1441 E Horsetooth Oct -March 2cy 1 2 $42.00 $252.00 Collindale - Manno's Grille (was Bmun's) Apr -Sept 6cy 1 3 $156.00 $936.00 City Park Nine 411 S Bryan Apr -Sept 3cy 1 3 $75.00 $450.00 City Park Nine 411 S Bryan Oct -Mar 2cy 1 1 $12.00 $72.00 Southrid a Golf 5750 S Lemay Apr -Sept 6cv 2 1 $100.00 $600.00 Southridge Golf 5750 S Lemay Oct -Mar 6c 1 1 $52.00 $312.00 Southridge Maintenance - 5090 S Lemay Apr -Sept 6cy 1 1 $52.00 $312.00 7 Month Accounts City Park Ballfield 211 S Bryan Apr -Oct 3cy 1 2 $54.00 $378.00 City Park Picnic area Bryan 8, Oak Apr -Oct 3cy 1 2 $54.00 $378.00 Edora Park - 1420 E Stuart St Apr -Oct 3cy 1 2 $54.00 $378.00 Edora Park - 1420 E Stuart St Apr -Oct 6cy 1 3 $156.00 $1,092.00 BMX Tmck @ EPIC (1801 Riverside Ave) Apr -Oct 6cy 1 2 $100.00 $700.00 Martinez Park-600 N Sherwood St Apr -Oct 4cy 1 1 $40.00 $280.00 Outdoor Pool- City Park, 1599 City Park Dr Apr -Oct 3cy 1 1 2 1 $54.00 $378.00 Rolland Moore Park 2201 S Shields Apr -Oct 2cv 3 3 $175.00 $1 225.00 Rolland Moore Park 2201 S Shields Apr -Oct 6cy 2 3 $320.00 $2,240.00 Spring Park-E Stuart & Busch Ct Apr -Oct 2cy 1 2 $42.00 $294.00 Spring Park-E Stuart 8 Busch Ct Apr -Oct 6cy 1 2 $100.00 $700.00 Warren Park-1101 E Horsetooth Apr -Oct 2cy 1 2 $42.D0 $294.00 Beattie Park-500 blk Nighthawk Apr -Oct 2cy 1 1 $25.00 $175.00 12 Month Accounts 1200 Raintree-Senior Center 3cy 2 3 $156.00 $1,872.00 1200 Raintree-Senior Center 3cy 1 1 $40.00 $480.00