HomeMy WebLinkAbout375533 NATIONAL RECYCLING INC - CONTRACT - BID - 7121 RIVENDELL RECYCLING CENTER OPERATIONSSERVICES 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 National Recycling, 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 two (2) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence April 1, 2010, and shall continue
in full force and effect until March 31, 2011, 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
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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:
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.
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ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID P
DATE (MMIDD/YYYY)
SECURID
1 04 02 10
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown S Brown Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
125 S Howes, 5th Floor
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 2226
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Collins CO 80522-2226
Phone:970-482-7747 Fax:970-484-4165
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
INSURER A, Mountain States Mutual
14648
SeCurltY Document Destruction
National Recycling Inc DBA
PO BOX 2472
Ft Collins CO 80522-2472
INSURERB: - Pinnacol Assurance Company
41190
INSURERC:
INSURERD:
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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE MM/FDD TIVE
PDATE MMPDD/V f N
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$1,000,000
A
X
X COMMERCIAL GENERAL LIABILITY
CPP011394804
11/21/09
11/21/10
AMA
PR, MISES(Eaoccurenc.)
$100,000
CLAIMS MADE FX] OCCUR
MED EXP (Any one person)
$ 10,000
PERSONAL BADVINJURY
$ 1,000,000
GENERAL AGGREGATE
$ 1,000,000
GEN'LAGGREGATE LIMIT APPLIESPER:
PRODUCTS - COMP/OP AGG
$ Included
POLICY PRO LOC
JECT
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$ 1 000 000
A
X
ANY AUTO
BAP011394804
11/21/09
11/21/10
(Ea accident)
� �
BODILY INJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY
$
HIRED AUTOS
NON-OWNEDAUTOS
(Per accident)
PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$ 1 , 000 , 000
A
X I OCCUR F-ICLAIMSMADE
UMB011394804
11/21/09
11/21/10
AGGREGATE
$ 1,000,000
$
DEDUCTIBLE
X RETENTION $ 10 , 000
$
WORKERS COMPENSATION AND
X TORY LIMITS ER
B
EMPLOYERS' LIABILITY
4108948
10/01/09
10/01/10
E.L. EACH ACCIDENT
$ 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYEE
$ 1 , 000 , 000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE- POLICY LIMIT
$ 1 , 000 , 000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
City of Fort Collins is included as Additional Insured as respects the
operations of the named insured.
CERTIFICATE HOLDER CANCELLATION
CITYFI0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
C 1 ty of Fort Collins P 0 Box 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Fort Collins CO 80522 REPRESENTATIVES.
ACORD 25 (2001/081 n ACORD
EXHIBIT C
HAULING COST AND REBATES
RIVENDELL RECYCLING CENTER OPERATIONS
1. Cost per Haul shall be as follows:
a. $55.00 for Cardboard, Newspaper, Mixed paper, OMX and Commingled
containers.
b. $125.00 for Glass.
2. Rebates:
a. OCC pricing shall be determined based on the monthly OBM (Official
Board Markets report) under the Southwest Pricing category, per the
following Guidelines:
i. OCC priced between $80.00-$99.00 per ton, Service Provider will
pay the City a rebate of 10% of the OBM Southwest region
baseline price.
ii. OCC priced between $100.00-$120.00 per ton, Service Provider
will pay the City a rebate of 20% of the OBM Southwest region
baseline price.
iii. OCC priced between $121.00-$150.00 per ton, Service Provider
will pay the City a rebate of 30% of the OBM Southwest region
baseline price.
iv. OCC priced over $151.00 per ton, Service Provider will pay the
City a rebate of 40% of the OBM Southwest region baseline price.
b. Newspaper: 30% of Larimer County pricing
c. Mixed Paper, OMX: 30% of Larimer County pricing
d. Commingled: 30% of Larimer County pricing
e. Glass: No rebate
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:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
National Recycling,Inc.
Attn: Purchasing
Attn: Susan Gordon, Senior
Attn: Carey Smith
PO Box 580
Environmental Planner
415 North Mason Court #1
Fort Collins, CO 80522
PO Box 580
Fort Collins, CO 80524
Fort Collins, CO 80522
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 the attached Exhibit "C", consisting
of one (1) page, and incorporated herein by this reference.
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
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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 often (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
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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'befote
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
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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.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
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1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the. subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
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CITY OF FORT COLLINS, COLORADO
a munici all corporation
By:
Jame O'Neill II, CPPO, FNIGP
Direc of Purchasing and Risk Management
Date: 4 ` �� (y
National Recyclin nc.
By:
C4vw y
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 3 /--.51 Ito
(Corporate Seal)
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EXHIBIT A
SCOPE OF WORK
RIVENDELL RECYCLING CENTER OPERATIONS
1. Service Provider agrees to provide monthly reporting to the City representative
by the 51h business day of the following month by weight, by material, on a per
pull basis. Service Provider will provide monthly copies of the OBM (Official
Board Markets) report monthly to confirm rebate pricing. Reporting is to include
the market price received for materials, and the destination where materials were
delivered for processing and/or sales.
2. All collected materials from the City facility must be marketed through a Materials
Recovery Facility that complies with Colorado State permitting and reporting
requirements. Service Provider will send collected materials through Larimer
County or will process materials in their own facility for direct shipment for
recycling.
3. Service Provider agrees that containers must be pulled in a timely manner as
soon as they become full and may not be pulled if container is less than 85-90%
full by volume, or less than 85-90% full according to Colorado State Department
of Transportation limitations.
4. Service Provider agrees that turnaround time for emptying any container must
not exceed three (3) hours, and that normal service time will be between 1-2
hours. Service Provider agrees to leave a replacement bin of adequate capacity
in the event that turnaround time will exceed three hours.
5. Service Provider must clean up any overflow material that spills out from
compactor unit hoppers before leaving the site to deliver containers.
6. On weekdays (Mon -Fri) containers must be pulled if the Service Provider is
contacted by the City representative to report a full container, and the container
is actually full.
7. Compactor units must be reconnected to hopper and the "reset" button must be
pulled out before driver leaves the drop-off site.
8. Service Provider will provide containers to collect materials that are dropped off
by the public when the regular containers are being emptied. Service Provider
provides 250 gallon crates for this purpose.
9. Service Provider's staff will oversee site conditions on a day-to-day basis,
provide litter clean-up, ensure that all equipment is in good repair and that public
safety is protected and provide snow removal and/or ice treatment around the
bins as needed.
10. Service Provider will designate a "Site Manager" who will communicate with the
City Representative on a regular basis, in order to keep the City appraised of any
maintenance needs, including snow plowing for the parking lot and entryway, or
other situations requiring the City's attention.
11. Service Provider shall provide one single point of contact to the City to handle
any Service Issues, and any Billing Issues. Service Provider personnel identified
for these issues are:
For Service Issues contact:
John Newman
Phone: 970-566-6449 (cell)
Fax: 970-797-1385
E-mail: John nat-recycling.com
Emergency #: 970-484-5743
Backup: Geena Durgan 970-493-7478
For Billing Issues contact:
Geena Durgan
Phone: 970-493-7478
Fax: 970-797-1385
E-mail: geena(&-nat-recycling.com
Cell #: 970-566-0791
Backup: Carey Smith 970-691-6200