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HomeMy WebLinkAboutBID - 7121 RIVENDELL RECYCLING CENTER OPERATIONSCity of Financial Services Purchasing Division 215 N. Mason St. 2"" Floorrt Gollins POBox580 Fort Collins, CO 80522 970.221.6775 Purchasing 970.22 1 .6707 fcgov.com/Ptirchasitig INVITATION TO BID 7121 Rivendell Recycling Center Operations BID OPENING: 3:00 P.M. (our clock), March 12, 2010 The City of Fort Collins is seeking bids from qualified individuals or firms to operate Rivendell Recycling Center, the City of Fort Collins' recycling drop-off facility. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522- 0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), March 12, 2010. Questions regarding bid submittal or process should be directed to Ed C. Bonnette, CPPB, C.P.M., Buyer, (970)416-2247. A copy of the Bid may be obtained as follows: Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. where renewal is a way of life Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. 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. 12. 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. 13. 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. 14. 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 of the default. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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: 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. 20. Amendment 54 To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. 21. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit consisting of ( ) pages, attached hereto and incorporated herein by this reference. ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: go PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O'Neill Il, CPPO, FNIGP Director of Purchasing and Risk Management CITY OF FORT COLLINS BID PROPOSAL BID 7121 Rivendell Recycling Center Operations BID OPENING: March 12, 2010, 3:00 p.m. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR RIVENDELL RECYCLING CENTER OPERATIONS, PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS. BACKGROUND: The City of Fort Collins (City) is seeking bids from qualified individuals or firms (Service Provider) to operate the City of Fort Collins' recycling drop-off facility. Known as the Rivendell Recycling Center, the facility was opened in 2002. It is open to the public seven days per week during daylight hours (dawn to dusk). Daily usage averages 400 visitors and overall volumes average 140 tons per month. More information on the Rivendell site can be viewed by visiting: http://www.fcgov.com/recvclinq/dropoff.php The successful bidder will demonstrate ability to assume full responsibility for performing the following functions at the Rivendell Recycling Center per the following Specifications: SPECIFICATIONS: 1. Facility Description: The one -acre drop-off site is open year-round to the public during daylight hours, containing: Three hydraulic compactor units (40-cubic yard boxes), and Five standard 30-cubic yard, open box, containers with open-door recycling roofs, 2. Materials Collected Materials will be collected in the following manner: • two 40-yard compactor units will collect old corrugated cardboard • one 40-yard compactor unit will collect paperboard and miscellaneous low- grade paper such as telephone books and brown paper bags • one 30-yard gable -top container will collect a combination of the following paper types: magazines, junk mail, and office paper • two 30-yard gable -top containers will collect commingled bottles and cans including: steel cans, aluminum cans, all narrow -neck plastic bottles and plastics #3-7 food containers • one 30-yard gable -top container will collect source -separated glass bottles and jars • one 30-yard gable -top container will collect newspapers 3. Requirements of Contract 1. Service Provider must provide monthly reporting and documentation to the City representative by the 5th business day of the month as follows: a. All weights collected, by material, and on a "per pull" basis. b. Market price received for materials, and destination where materials were delivered for processing and/or sales. 2. All collected materials collected from the City facility must be marketed through a Materials Recovery Facility that complies with Colorado State permitting and reporting requirements. 3. 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. "Turnaround" time for emptying any container must not exceed 2-3 hours unless contractor provides a substitute bin of adequate capacity for the public to use in place of the absent container. 5. Service Provider must clean up any overflow material that spills out from compactor unit hoppers before leaving the site to deliver containers. Service Provider 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 representative to report a full container. 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. 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's staff will communicate with the City Representative on a regular basis, in order to keep the City apprised of any maintenance needs, including snow plowing for the parking lot and entryway, or other situations requiring the City's attention. BIDDING 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 $ REBATES: Bidder is to indicate: • the Threshold Market Price where they are willing to share proceeds from the sale of the indicated recyclable Commodity with the City. • What percentage Rebate that Bidder will share with the City. • Which specific Market Index will be used to verify the Market Price, and how that information can be accessed. Old Cardboard (OCC): Threshold Market Price: $ /ton Rebate % offer to City: % Newspaper: Threshold Market Price: $ /ton Rebate % offer to City: % Mixed Paper: Threshold Market Price: $ /ton Rebate % offer to City: % Commingled: Threshold Market Price: $ /ton Rebate % offer to City: % Glass: Threshold Market Price: $ /ton Rebate % offer to City: % The City reserves the right to accept or reject any and all Bids; and to award in the best interests of the City. Any questions regarding this Bid process should be directed to Ed Bonnette in Purchasing at 970-416-2247. Any questions regarding technical specifications should be directed to Susie Gordon in Natural Resources at 970-221-6265. Vendor's Statement: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete a signed contract (per the sample attached for review) and provide the required insurance certificate within 30 days of notice of award. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER'S NAME: SIGNATURE: SERVICE ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL #: EMERGENCY: BACKUP: BILLING ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL #: EMERGENCY: BACKUP: PLEASE GO TO www.fcqov.com/purchasing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES! COMMODITY CODE USED FOR THIS BID IS: 926-77 RECYCLING SERVICES SERVICES 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 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 pages and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than 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. 4. Contract Period. [Option 1 ] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 4. Contract Period. [Option 2] This Agreement shall commence 200 and shall continue in full force and effect until 200 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 ( ) 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. 5. 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. [Early Termination clause here as an option 6. 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: Copy to: Service Provider: City of Fort Collins City of Fort Collins Attn: Purchasing Attn: PO Box 580 PO Box 580 Fort Collins, CO 80522 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. 7. 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 "A", consisting of pages, and incorporated herein by this reference. 8. 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. 9. 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. 10. 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