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109244 WASTE MANAGEMENT - CONTRACT - BID - 7119 WASTE STREAM MANAGEMENT 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 Waste Management of Colorado 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 seven (7) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence June 1, 2010, and shall continue in full force and effect until May 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 CPI published by the Colorado State Planning and Budget Office and the U.S. Energy Information Administration (EIA) Diesel Prices for the Rocky Mountain Region 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 1 SA rev03/10 of business, and shall also be in compliance with all applicable codes and regulations. Service Provider shall comply with all City, State and Federal health, environmental safety and fire ordinances while performing the prescribed work. Service Provider will be held liable for damage resulting from Service Provider's negligence. Multiple incidents of damage or safety violations may be cause for termination of this contract and restrictions from future Contracts. 2. Hours of Work: Service Provider shall work with facility managers to determine mutually agreeable collection times for all refuse and recycling containers. Service Provider may not collect waste or recyclables between the hours of 7:00 p.m. and 7:00 a.m. if the facility is in, or adjacent to, a residential neighborhood or multi -family housing complex. In the case of weather -related delays, collection will resume as soon as it is determined safe and feasible; Service Provider shall catch up by the end of the affected week. o In the case of weather affecting only one day Service Provider will resume pick-up the following day and collect all accumulated waste and recycling. o Within 60 days of the execution of this contract, the Service Provider will provide City with a mutually agreeable disaster plan to address collection during extreme conditions affecting multiple days of service. Holidays to be observed shall be New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. If holiday falls on a weekday, then Saturday following the holiday is authorized as a catch-up collection day. Pick -Up Requirements: • `Pick-up" includes emptying trash and recycling containers. • Pick-up service must be regularly scheduled at the appropriate frequencies to prevent containers from overflowing. • Service Provider shall clean up from the grounds any trash or recyclables spilled during the transfer process or such material in the immediate vicinity. • Service Provider shall provide on -call or emergency pick-up service for any materials requested by the City within 24 hours. • The City shall have the right to visit and inspect any disposal or recycling sites owned, operated or used by the Service Provider. Service Provider's improper dumping of materials designated on the City's list of recyclables may be cause for immediate contract cancellation, and possible prosecution. • Service Provider shall perform in a manner that eliminates undue noise, safety hazards or damage, and does not create unsanitary or unsightly conditions at the pick-up sites or City facilities at large. 4. Security Clearance and Worker Identification Requirements for City Facilities: • Prior to beginning work under this Contract, any Service Provider employees who will work on this Contract in the below designated areas must obtain a background clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations -Crime Information Center. Security clearance requirement applies in particular to: personnel that handle secure documents destruction services; and, personnel entering secured areas -2- such as police services, the water treatment facility, and wastewater treatment facilities. It may be extended at the City's discretion to any personnel who enter City premises in the course of duties. Service Provider must have valid documents for all workers through Homeland Security, Immigration and Custom Enforcement (ICE). An appointment must be made with Operations Services, City of Fort Collins for a City picture ID; Service Provider personnel must bring a copy of the CBI report for City records. The City may deny clearance to any person who has: • an active criminal arrest warrant, felony arrest or conviction • a drug -related misdemeanor or drug -related petty offensive conviction • a non -drug -related misdemeanor or a petty offensive conviction within the past three (3) years • been a suspect in an active criminal investigation • been previously terminated from employment by the City of Fort Collins • been determined to be a threat to the safety of persons or property, or to the confidentiality of City information. 5. Items to be Provided by Service Provider: • Trash Containers: Service Provider shall at minimum furnish fixed -hinge, covered trash containers, e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity listed in Exhibit C, Trash Services. • Exhibit C shall be subject to minor changes that may be implemented in the interests of improving routing and collection efficiencies. • Other equipment such as poly -cart containers or compacting bins may be designated for trash collection in some instances. All containers must be approved by the City prior to placement. • Service Provider shall maintain trash containers in clean, sanitary and serviceable condition at all times, and shall wash and sanitize containers as needed and upon request. • Service Provider shall immediately replace any malodorous, vandalized or damaged containers. • Roll -Offs: Periodically, "on call" roll -off bin deliveries may be requested by authorized City personnel for trash removal in excess of normal subscription levels of trash service. Service Provider shall furnish roll -off bins (e.g., 20- or 30-yd) in clean, serviceable condition and which feature weather -resistant covers, for waste collection. Roll -off bin pricing is included in Exhibit C, Trash Services. • Recycling Containers: Service Provider shall at minimum furnish outdoor recycling containers of the size and quantity listed in Exhibit D, Recycling Services. • Upon commencement of contract, a switch will occur from dual - stream recycling to a single -stream recycling system. Service Provider shall use Exhibit D to indicate the re -calculated number of collection bins and frequencies of collection that would be applied for providing services to implement the new system. • Exhibit D shall be subject to minor changes that may be implemented in the interests of improving routing and collection efficiencies. • Additionally, Service Provider shall furnish appropriately sized containers upon request as new or expanded recycling opportunities develop, material -3- collection strategies change, or changes in service levels are needed. This may include but is not limited to: Dumpsters, cardboard cages, poly -carts or compacting recycling bins as approved by the City. • The City intends to use all outdoor collection sites; however, in the event that an indoor location is necessary to use as a collection site for the Service Provider when emptying recycling bins, the City will furnish indoor recycling containers. • At City locations where confidential documents are routinely collected for shredding, the Service Provider will provide appropriate security, such as locking cabinets or locking wheeled poly -carts. Shredding services will be billed on a per -pound basis at the rate included in Exhibit D, Recycling . Services. Shredding volume is to be included in the reporting for Recycling volume. Certificates of Destruction will be provided to the City's Sustainability Coordinator. • When "on call" shredding services are requested, Service Provider shall furnish all equipment and containers necessary to ensure security measures and procedures are followed. d. Signage: Service Provider shall furnish signage for trash and recycling containers as provided for use in outdoor collection sites, in both English and Spanish. At a minimum, signage should clearly identify items accepted (for recycling bins), labeling for trash bins which clearly differentiates them from recycling bins, and contain contact information for the Service Provider. 6. Trash Service: • Service Provider shall pick up refuse from municipal bin locations shown on Exhibit C, Trash Services, to be taken to Larimer County Landfill for disposal. • In the event there is an alternate landfill in closer proximity or, if Larimer County Landfill is not available, Service Provider must deposit an offsetting volume of trash equal to or greater than the municipally generated waste into the Larimer County Landfill in order to compensate for the "volume loss" to Larimer County Landfill. NOTE: Service Provider will provide a Letter to the City in which Service Provider agrees 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. Service Provider 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. • Types of waste that will not be collected under this bid include: hazardous wastes, light bulbs, batteries, surplus scrap metals, and electronic waste (computers & electronic equipment). • Service Provider shall report to the City on a monthly basis on trash volumes picked up at each City location. 7. Recycling Service: • Service Provider shall pick up recycling from municipal bin locations shown on Exhibit D, Recycling Services for a single -stream of materials accepted at local Material Recovery'Facilities (MRF). • The Designated List of recyclables that will be collected includes: clear and colored glass bottles and jars, tin and aluminum cans, plastic containers #1-7 as accepted at Larimer County MRF, mixed paper, paperboard, and corrugated cardboard (this is the same list defined for curbside collection on the City's website at www.fcaov.com/recvclinci ). • Additionally, the City desires to recycle packaging materials such as shrink- wrap plastic and plastic strapping. Additional recycling opportunities outside of the normal single -stream collection will be addressed on a case -by -case basis depending on the volume generated; if there is an existing outlet for it; and if it is a one-time requirement or an ongoing collection requirement. • The City requires the Service Provider to collect confidential documents for destruction and recycling; in a locked and secured cabinet or locking wheeled poly -cart. • As they become available, Service Provider shall advise the City of opportunities for additional materials to be recycled, or enhanced recycling services (e.g., food waste and soiled paper composting; wax -board cartons; Styrofoam packaging; zero -waste management for special events, etc.). • Service Provider will keep all recycling payments, and shall report to the City on a monthly basis: commodity prices, amounts of payments received for each recyclable commodity, and, processing plants or brokerage agencies from which payments are received. Service Provider and City Sustainability Coordinator shall agree on a mutually acceptable electronic reporting format. 8. Resource Management Services: • Service Provider will work collaboratively with the City to identify opportunities to reach its recycling and waste reduction goals, and to render cost efficiencies/savings to the City, for example, to down -size trash containers at specific locations when a smaller size will provide sufficient capacity, or to reduce the frequency of collection. Service Provider will at minimum review existing municipal practices and make recommendations for improvement on an annual basis. • Service Provider shall identify any sorting and contamination issues and provide prompt feedback to the City Sustainability Coordinator on reported contamination issues, by department and/or location. • Service Provider shall designate a single point of contact with whom the City will work to handle all matters related to the contract. The contact person must hold a position that allows the person to take appropriate action for immediate problem resolution. The City shall designate a Project Manager who will fulfill the same function for the City. o The Project Manager shall designate a Sustainability Coordinator who shall handle all aspects of the reporting relationship between the City and Service Provider. Service Provider shall likewise designate a direct contact who shall be responsible for issues relating to report generation. o The Project Manager shall designate a Contract Administrator who shall handle all aspects of Service Levels to be deployed at the various City locations. Service Provider shall likewise designate a direct contact in their organization who shall be responsible for issues relating to service deployment. - 5 - o The Project Manager shall designate an Accounts Payable Representative who shall handle all aspects of billing issues between the City and Service Provider. Service Provider shall likewise designate a direct contact in their organization responsible for issues relating to billing. When Service Provider representatives are not available (vacation/illness, out of office, etc.), an alternate point of contact name and phone number(s) shall be provided to the City. Service Provider shall give the City written notification of any change in account representation within two (2) calendar days of the change. Service Provider shall instruct its drivers to monitor container utilization levels for trash and recycling so that the City receives maximum use and services of each container. 9. Reporting and Billing Requirements: • The City requires accurate measurements of trash (landfill) material and recyclable material collected from municipal locations to be taken, and reported, on a monthly basis. The City requires that sample weights be provided at least quarterly for a representative number of trash collection locations, in order to establish an accurate conversion factor that enables the City to receive weight -based reporting. The City requires that all material collected for recycling must be reported in weights; the weights of each designated recyclable material must be reported by commodity for each collection site. • The Volumes Report must be submitted in a mutually agreed upon electronic form, such as Excel, no later than the fifteenth (15th) of the month (for the preceding month's data) to the City's designated Sustainability Coordinator. • Service Provider must provide a monthly Exceptions Report to the City's designated Sustainability Coordinator that lists, by department and location, any extra service requests for trash removal and/or recycling beyond the normal service level to which that department or location subscribes. • Service Provider shall provide a single monthly billing statement to the City's Accounts Payable Department that itemizes service fees for each collection location's normal "subscription" service level, listed by the appropriate location and account number. • In addition, Service Provider will provide a separate, itemized bill to Contract Administrator for any extra services rendered, by department and location. • The City reserves the right to make payments with a City credit card (currently Visa) at no additional charge. 10. Additional Information: The City will award a one-year renewable annual contract, with annual option to renew for up to four optional renewal years (maximum length five years total). All prices are to be firm fixed prices, inclusive of all applicable taxes, fees, surcharges, etc. NO additional charges or fees (administrative, environmental, late charges, fuel surcharges, etc.) will be allowed. Any economic adjustments for contract Year Two and subsequent years beyond will be guided by the Denver -Boulder -Greeley CPI-U index and the U.S. Energy Information Administration. In addition, the City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor(s). Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) and/or the Colorado Educational Purchasing Council (CEPC) cooperative purchasing groups, and other public agencies that may have a desire to participate in any resulting awards as a potential cooperative user include: Poudre School District Larimer County Fort Collins Climate Wise Partners Front Range Community College Fort Collins Housing Authority Solar Compactors: Service Provider agrees to work with the City to seek out and facilitate any opportunities to implement solar -powered compactors and/or any technology that facilitates on -demand compaction and/or monitors container levels to signal for on -demand pickups; or any other developing technology that may prove beneficial to the City's sustainability goals. Annual Progress Report: Service Provider agrees to provide a written report annually to the City Sustainability Coordinator on the anniversary date of the contract, that will include: o A monthly tally and total annual amount of trash and recyclable materials collected by tonnage. Communications and Education Team: Service Provider is prepared to fully promote and support education of the City's diversion goals and recycling program to City employees. Service Provider has developed a Communications and Education Team to provide the City with a comprehensive communication plan. Upon execution of the contract, Service Provider will arrange to meet with Sustainability Coordinator within 90 days of the start of the contract, and thereafter annually, to plan Communications and Education strategies for the upcoming contract year. Annual Collection Event: Service Provider will arrange with Sustainability Coordinator to add an "Annual Collection Event" once a year. Service Provider agrees to provide services not to exceed $800.00 at no charge to the City in support of this Event. Examples would be: o Christmas Tree Recycling o Fall Leaf Drop -Off o Electronics Recycling Drop -Off -7- 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. Rev7/2009 City of Fort Collins, Colorado Exhibit C Trash Services Trash Collection Location Address Container Size Bin Qty Frequency of Service (weekly) Weeks/Year or Seasonal Monthly Cost Annual Cost Archery Range 2825 Frontage Rd SW 2cyd 1 on call (est 1X/month) 52 $4.87 $58.46 Avery House 108 N Meldrum 96 gal cart 1 on call (est 1X/month) 52 $2.69 $32.28 Beattie Park 500 Nighthawk Dr 2cyd 1 1 28 (April - Oct) $19.49 $136.40 BMX Track @ EPIC 1801 Riverside Ave 2cyd 1 1 28 (April - Oct) $19.49 $136.40 City Hall Complex 300 Laporte Ave (west complex) 4cyd 3 1 52 $116.91 $1,402.92 City Park - Parks Maintenance Admin 411 Bryan St 30cyd (Roll -off) 1 on call (est 1X/month) 52 $237.00 $2,844.00 City Park Ballfield 211 S Bryan 3cyd 1 2 28 (April - Oct) $58.46 $409.19 City Park Nine 411 S Bryan 3cyd 1 3 24 (April - Sept) $87.68 $526.10 3 cyd 1 3 24 (April - Sept) $87.68 $526.10 City Park Picnic Bryan & Oak 6cyd 1 1 28 (April - Oct) $58.46 $409.19 City Park Pottery 1541 W Oak 3cyd 1 every other week 52 $14.61 $175.37 Civic Center Parking 120 N Mason 1.5cyd 1 every other week 52 $7.31 $87.68 2cyd 1 every other week 52 $9.74 $116.91 Club Tico/Pool 1599 City Park Dr 4cyd 1 on call (est IX/month) 32 (Oct - April) $9.74 $68.20 4cyd 1 2 20 (May - Sept) $77.94 $467.64 Collindale Golf 1441 E Horsetooth 2cyd 2 3 24 (April - Sept) $116.91 $701.46 1441 E Horsetooth 2cyd 1 1 2 28 (Oct - Mar) $38.97 $233.82 Crushing Facility 1380 Hoffman Mill Rd 2cyd 1 on call (est 1X/month) 52 $4.87 $58.46 May 7, 2010 City of Fort Collins, Colorado Exhibit C Trash Services Trash Collection Location Address Container Size Bin Qty Frequency of Service (weekly) Weeks/Year or Seasonal Monthly Cost Annual Cost Customer Service (Utilities) 117 N Mason 3cyd 1 1 52 $29.23 $350.73 Downtown Restrooms 123 E Oak St 2cyd 1 every other week 52 $9.74 $116.91 Edora Park 1420 E Stuart St 6cyd 1 on call (est 1X/month) 24 (Sept - March) $14.61 $102.30 6cyd 1 3 28 (April - Oct) $175.37 $1,227.56 EPIC 1801 Riverside Ave 6cyd 1 2 52 $116.91 $1,402.92 Equipment (Fleet Shop) 835 Wood St 4cyd 1 1 48 $38.97 $428.67 6cyd 1 1 4 $58.46 $58.46 30cyd (Roll -off) 1 on call (est 1X/month) 52 $237.00 $2,844.00 Fleet 906 W Vine 2cyd 1 every other week 52 $9.74 $116.91 Fossil Creek Park South Lemay Ave & Southridge Greens Blvd 30cyd (Roll -off) 1 on call (est 4X/yr) 52 $237.00 $948.00 40cyd compactor 1 on call (est 4X/yr) 52 $246.00 $984.00 Gardens on Spring Creek 2145 S Centre Ave 2cyd 1 every other week 52 $9.74 $116.91 Gateway Natural Areas 5216 Poudre Canyon Hwy 3cyd 1 1 52 $29.23 $350.73 Greenbriar Park 730 Willox Lane 3cyd 2 on call (est 1X/month) 52 $14.61 $179.37 Library Tech Annex 256 Mountain 2cyd 1 every other week 52 $9.74 $116.91 Lincoln Center 417 W Magnolia St 4cyd 2 2 52 $155.88 $1,870.56 Marksmen Range 2554 Midpoint Dr 2cyd 1 once a month 52 $4.87 $58.46 Martinez Farm 600 N Sherwood 6cyd 1 1 32 (Ma - Sept) $58.46 $409.19 May 7, 2010 City of Fort Collins, Colorado Exhibit C Trash Services Trash Collection Location Address Container Size Bin Qty Frequency of Service (weekly) Weeks/Year or Seasonal Monthly Cost Annual Cost 4cyd 1 on call (est IX/month) 20 (Oct - April) $9.74 $48.71 Museum 200 Mathews St 3cyd 1 on call (est 1X/month) 52 $7.31 $87.68 Nix Farmhouse 1745 Hoffman Mill Rd 30cyd (Roll -off) 1 on call (est 1X/month) 52 $237.00 $2,844.00 Northside Aztlan Community Center 112 E Willow 6cyd 1 1 52 $58.46 $701.46 Office Bldg (City Bldg) 215 N Mason 4cyd 2 1 52 $77.94 $935.28 Operation Services 300 Laporte Ave (east complex) 4cyd 1 1 52 $38.97 $467.64 Parking Garage 102 Remington 2cyd 1 1 52 $19.49 $233.82 Parks Shop 413 Bryan 30cyd (Roll -off) 1 on call (est 1X/month) 52 $237.00 $2,844.00 40cyd compactor 1 on call (est 7X/year) 52 $246.00 $1,722.00 Park Shop (@ Fossil Creek Park) 5833 S Lemay 3cyd 1 1 52 $29.23 $350.73 Park Shop (@ Natural Area) 3156 Overland Trail 3cyd 1 1 52 $29.231 $350.73 PFA Administration 102 Remington 96 gal cart 1 1 52 $10.75 $129.00 PFA Station 1 505 Peterson St 3cyd 1 every other week 52 $14.611 $175.37 PFA Station 2 415 S Bryan St 6cyd 1 1 52 $58.46 $701.46 PFA Station #3 2000 Mathews St 2cyd 1 3 28 (April - Sept) $58.461 $350.73 2cyd 1 1 24 (Oct -March) $19.49 $116.91 PFA Station 4 1945 W Drake Rd 96 gal cart 1 every other week 52 $5.38 $64.56 May 7, 2010 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 Waste Management of Attn: Purchasing Attn: Susan Gordon, Natural Colorado, Inc. PO Box 580 Resources 5500 S Quebec St, Suite 250 Fort Collins, CO 80522 PO Box 580 Greenwood Village, CO Fort Collins, CO 80522 80111 Attn: Melissa Kolwaite, Manager of Municipal and Government Relations 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" Trash Services , consisting of seven (7) pages and Exhibit "D" Recycling Services, consisting of five (5) pages, 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. 6 SA rev03/10 City of Fort Collins, Colorado Exhibit C Trash Services Trash Collection Location Address Container Size Bin City Frequency of Service (weekly) WeeksNear or Seasonal Monthly Cost Annual Cost PFA Station 5 615 Hogan Dr 2cyd 1 every other week 52 $9.74 $116.91 PFA Station 6 2511 Donella Ct 4cyd 1 every other week 52 $19.49 $233.82 PFA Station 7 2817 N.Overland Trail 96 gal cart 1 once a month 52 $2.69 $32.28 PFA Station 8 4104 Main St, Timnath 96 gal cart 1 1 52 $10.75 $129.00 PFA Training 3400 W Vine 2cyd 1 1 52 $19.49 $233.82 PFA Station 10 2067 Vermont Drive 96 gal cart 1 every other week 52 $5.38 $64.56 PFA Station 12 321 E Country Club Rd 96 gal cart 1 every other week 52 $5.38 $64.56 PFA Station 13 3400 W Vine 96 gal cart 1 every other week 52 $5.38 $64.56 PFA Station 14 2109 Westchase Rd 96 gal cart 1 every other week 52 $5.38 $64.56 Plans/Parks/Eng 281 N College 3cyd 2 3 52 $87.68 $1,052.19 96 gal cart 2 2 52 $43.00 $516.00 Police Services 2221 S Timberline Rd 6cyd 1 1 52 $58.46 $701.46 Primrose Studio 4300 W County Rd 50 (Michaud Lane) 30cyd (Roll -off) 1 on call (est 1X/yr) 52 $237.00 $237.00 Public Library 201 Peterson St 3cyd 1 1 52 $29.23 $350.73 ReSource 1501 N College 20 cyd (Roll -off) 1 on call (est 3X/yr) 52 $180.00 $540.00 Restorative Justice 112 Howes 96 gal cart 1 every other week 52 $5.381 $64.56 Rolland Moore Park 2201 S Shields 6c d 2 3 28 (April - Oct) $350.73 $2,455.11 May 7, 2010 City of Fort Collins, Colorado Exhibit C Trash Services Trash Collection Location Address Container Size Bin Qty Frequency of Service (weekly) Weeks/Year or Seasonal Monthly Cost Annual Cost 6cyd 2 on call (est 1X/month) 24 (Nov - March) $116.91 $701.46 Senior Center - south area 1200 Raintree Dr 3cyd 2 1 52 $58.46 $701.46 Senior Center - north area 1200 Raintree Dr 3cyd 1 on call (est 1X/month) 52 $7.31 $87.68 Southridge Golf Maintenance 5750 S Lemay 6cyd 1 1 28 (April - Sept) $58.46 $350.73 6cyd 1 1 24 (Oct - March) $58.46 $350.73 Spring Park E Stuart & Busch Ct 6cyd 1 2 28 (April - Oct) $116.91 $818.37 Spring Canyon Park 2626 W Horsetooth Rd 30cyd (Roll -off) 1 on call (est 2X/month) 28 (April - Oct) $474.00 $3,318.00 Streets 625 9th Street 20 cyd (Roll -off) 1 on call (est 1X/month) 52 $180.00 $2,160.00 3cyd 2 2 52 $116.91 $1,402.92 Traffic Operations 626 Linden St 3cyd 1 1 52 $29.93 $350.73 626 Linden St 96 gal cart 1 1 52 $10.75 $129.00 Trailer, Construction 1809 Longworth Rd 3cyd 1 1 52 $29.23 $350.73 Transfort 6570 Portner Rd 6cyd 1 1 1 52 $58.46 $701.46 Udall Natural Area Willow & E Lincoln 20 cyd (Roll -off) 1 on call (est 3X/yr) 52 $180.00 $540.00 Utilities Water Crew Bld A 700 Wood St 6cyd 1 1 52 $58.46 $701.46 Utilities -Bld C Light & Power 700 Wood St 30cyd 1 on call (est 1X/month) 52 $237.00 $2,844.00 Utilities - Water Meter Bld D 700 Wood St 4cyd 2 2 52 $155.88 $1,870.56 Vehicle Storage 701 Wood Street 4c d 1 1 52 $38.97 $467.64 May 7, 2010 City of Fort Collins, Colorado Exhibit C Trash Services # Trash'Collg. ectionLocation Adtlres`s Container Size Bin Qty�� Frequency of Service '-(weekly) Weeks/Yearor `Seasonal ; Monthly Cost Annual Cost Vehicle - Dewatering Boxes 701 Wood Street 20 cyd (Roll -off) 1 on call (est 9X/yr) 52 $180.00 $1,620.00 Warehouse 518 N Loomis Ave 4cyd 1 1 52 $38.97 $467.64 Warren Park 1101 E Horsetooth 6cyd 1 on call (est 1X/month) 24 (Nov - March) $14.91 $175.37 6 cyd 1 2 28 (April - Oct) $116.91 $818.37 Wastewater Plant #2 3036 Environmental Dr 4cyd 2 7 52 $545.58 $6,546.96 30cyd 1 on call (est IX/month) 52 $237.00 $2,844.00 Wastewater Treatment Lab 3036 Environmental Dr 1cyd 1 1 52 $9.74 $116.91 Water Treatment Lab 4316 W Laporte 3cyd 1 1 52 $29.73 $350.75 2cyd 2 1 52 $38.97 $467.64 Youth Activity Center 415 Monroe Dr 3cyd 1 1 52 $29.23 $350.73 Trash Service Total, All Sites 0,11. IMM ) $7,886.62 $70,719.57 "On Call" Roll -Off Pricing Cost Per Pull 20-cubic yard roll -off 20 cyd $180.00 30-cubic yard roll -off 30 cyd $237.00 May 7, 2010 City of Fort Collins, Colorado Exhibit C Trash Services Trash Collection Location Address Container Size Bin Qty Frequency of Service (weekly) WeeksNear or Seasonal Monthly Cost Annual Cost Trash Cost Matrix on call, per call every other week, per month 1x/wk, per month 96 gal cart $2.69 $5.38 $10.75 1 cyd $9.74 1.5 cyd $7.31 2 cyd $4.87 $9.74 $19.49 3 cyd $7.31 $14.61 $29.23 4 cyd $9.74 $19.49 $38.97 6 cyd $14.61 $58.46 20 cyd roll -off $180.00 30 cyd roll -off $237.00 40 cyd compactor $246.00 For multiple bins and/or pickups: Multiply 1x/wk rate x # of bins x # of pickups May 7, 2010 City of Fort Collins, Colorado Exhibit D Recycling Services, Single -Stream Recycling Collection Location Address Container Size Bin Qty Frequency (weekly) Monthly Cost Annual Cost Archery Range 2825 Frontage Rd SW 96 gal cart 1 everyother week $3.50 $42.00 Avery House 108 N Meldrum 96 gal cart 1 every other week $3.50 $42.00 City Hall Complex 300 Laporte Ave (west complex) 96 gal cart 3 1 1 1 $21.00 $252.00 Shredding on call (est 1X/month) City Park - Parks Maintenance Admin 411 Bryan St 4cyd 1 1 $25.98 $311.76 City Park Pottery 1541 W Oak 96 gal cart 1 1 $7.00 $84.00 Crushing Facility 1380 Hoffman Mill Rd 96 gal cart 1 on call (est 1X/month) $3.00 $36.00 Customer Service (Utilities) 117 N Mason 96 gal cart 5 1 1 $35.001 $420.00 Shredding on call (est 1X/month) EPIC 1801 Riverside Ave 96 gal cart 2 1 $14.00 $168.00 60 gal cart 4 1 $28.00 $336.00 Equipment (Fleet Shop) 835 Wood St 96 gal cart 2 1 $14.00 $154.00 Fleet Annex 906 W Vine 6cyd Cardboard Bin 1 every other week $19.49 $233.82 96 gal cart, Aerosol cans 2 every other week $7.00 $84.00 Gardens on Spring Creek 2145 S Centre Ave 96 gal cart 3 once a month $21.00 $252.00 Grandview Cemetary 1900 W Grandview 96 gal cart 1 once a month $3.00 $36.00 Incubator Office - 1 200 W Mountain 96 gal cart 2 1 $14.001 $168.00 combine with Library Tech Annex? Incubator - 2 321 Maple 96 gal cart 2 1 $14.00 $168.00 Incubator - 3 1214 W Mountain 96 gal cart I 1 1 $7.001 $84.00 May 7, 2010 Page 1 of 5 City of Fort Collins, Colorado Exhibit D Recycling Services, Single -Stream Recycling Collection Location Address Container Size Bin Qty Frequency (weekly) Monthly Cost Annual Cost combine with Library Tech Annex? Library Tech Annex 256 Mountain 2cyd Cardboard Bin 2 1 $12.99 $155.88 96 gal cart 2 1 $14.00 $168.00 Lincoln Center (may suspend during renovations 2010-11) 417 W Magnolia St 96 gal cart 6 1 $43.00 $516.00 Martinez Farm 600 N Sherwood 96 gal cart 2 1 $14.00 $105.00 Museum 200 Mathews St 96 gal cart 1 on call (est 1X/month) $3.00 $36.00 Nix Farmhouse 1745 Hoffman Mill Rd 96 gal cart 2 1 $14.00 $168.00 Northside Aztlan Community Center 112 E Willow 96 gal cart 3 1 $21.00 $252.00 suggest to add cardboard bin 1 1 Office Bldg (City Bldg) 215 N Mason 96 gal cart 7 2 1 $98.00 $1,176.00 Shredding on call (est 1X/month) Operation Services 300 Laporte Ave (east complex) 2cyd Cardboard Bin 1 every other week $6.50 $77.94 96 gal cart 3 every other week $105.00 $126.00 Parks Shop 413 Bryan 96 gal cart 2 everyother week $7.00 $84.00 6cyd Cardboard Bin 1 every other week $19.49 $233.82 Park Shop (@ Fossil Creek Park) 5833 S Lemay 96 gal cart 4 1 $28.00 $336.00 Park Shop (@ Natural Area) 3156 Overland Trail 96 gal cart 1 once a month $3.00 $36.00 PFA Administration 102 Remington 96 gal cart 1 1 $7.00 $84.00 PFA Station 1 505 Peterson St 64 gal cart 1 once a month $3.00 $36.00 PFA Station 2 1415 S Bryan St 96 gal can 1 1 once a month $3.00 $36.00 May 7, 2010 Page 2 of 5 City of Fort Collins, Colorado Exhibit D Recycling Services, Single -Stream Recycling Collection Location Address Container Size Bin Qty Frequency (weekly) Monthly Cost Annual Cost PFA Station 3 2000 Mathews St 96 gal cart 1 once a month $3.00 $19.50 PFA Station 4 1945 W Drake Rd 96 gal cart 1 once a month $3.00 $36.00 PFA Station 5 615 Hogan Dr 96 gal cart 3 once a month $3.00 $36.00 PFA Station 6 2511 Donella Ct 96 gal cart 1 once a month $3.00 $36.00 PFA Station 7 2817 N Overland Trail 96 gal cart 1 once a month $3.00 $36.00 PFA Training 3400 W Vine 3cyd Cardboard Bin 1 once a month $4.87 $58.46 PFA 10 2067 Vermont Drive 96 gal cart 1 once a month $3.00 $36.00 PFA Station 12 321 E Country Club Rd 96 gal cart 1 once a month $3.00 $36.00 PFA Station 13 3400 W Vine 96 gal cart 1 once a month $3.00 $36.00 PFA Station 14 2109 Westchase Rd 96 gal cart 1 once a month $3.00 $36.00 Plans/Parks/Eng 281 N College 96 gal cart 5 2 1 $70.001 $840.00 Police Services 2221 S Timberline Rd 96 gal cart 4 1 1 $28.00 $336.00 Shredding on call (est 1X/month) Public Library 201 Peterson St 96 gal cart 5 1 $35.00 $420.00 2cyd Cardboard Bin 1 1 $12.99 $155.88 Roselawn Cemetary 2718 E Mulberry 96 gal cart 1 once a month $3.00 $36.00 Senior Center 1200 Raintree Dr 96 gal cart 4 1 $28.00 $336.00 2cyd Cardboard Bin 1 1 $12.99 $155.88 Streets 1625 9th Street I 8cyd 1 1 2 $103.921 $1,247.04 May 7, 2010 Page 3 of 5 City of Fort Collins, Colorado Exhibit D Recycling Services, Single -Stream Recycling Collection Location Address Container Size Bin Qty Frequency (weekly) Monthly Cost Annual Cost Traffic Operations 626 Linden St 3cyd Cardboard Bin 1 every other week $9.74 $116.91 96 gal cart 1 every other week $3.50 $42.00 Trailer, Construction 1809 Longworth Rd 96 gal cart 3 every other week $10.50 $126.00 Transfort 6570 Portner Rd 96 gal cart 2 every other week $7.00 $84.00 60 gal cart, Aerosol cans 1 once a month $3.00 $36.00 Transit Center 250 N Mason (uses 281 N. College trash enclosure) 96 gal cart 1 1 $7.00 $84.00 Utilities Water Crew Bld A 700 Wood St 96 gal cart 8 1 $56.00 $672.00 Utilities -Bid C Light & Power 700 Wood St 20cyd Cardboard Bin 1 on call (est 1X/month) $75.00 $900.00 Utilities - Water Meter Bld D 700 Wood St 96 gal cart 1 1 $7.00 $84.00 60 gal cart, Aerosol cans 2 1 $14.00 $168.00 Vehicle Storage 701 Wood Street 96 gal cart 1 1 $7.00 $84.00 Warehouse 518 N Loomis Ave 96 gal cart 2 1 $14.00 $168.00 Water Treatment Lab 4316 W Laporte 96 gal cart 4 every other week $14.00 $168.00 WWT#2 (Wastewater Plant) 3036 Environmental Dr 96 gal cart 3 once a month $9.00 $108.00 WWI- Lab 3036 Environmental Dr 1cyd 1 once a month $3.50 $42.00 Youth Activity Center 415 Monroe Dr 96 gal cart 1 on call (est 1X/month) $3.50 $42.00 Recycling Service Total, All Sites uX w , ." yr $1,117.45 $13,315.89 Document Destruction/Shredding Prices Per Pound $0.33 Either On -site or Off -Site May 7, 2010 Page 4 of 5 City of Fort Collins, Colorado Exhibit D Recycling Services, Single -Stream Recycling Collection Location Address Container Size Bin Qty Frequency (weekly) Monthly Cost Annual Cost Recycling Cost Matrix on call, per call every other week, per month oncea month 1 x/wk, per month 60 gal cart $3.00 $3.00 $7.00 64 g al cart $3.00 96 gal cart $3.00 $3.50 $3.00 $7.00 1 cyd $3.50 2 cyd Cardboard Bin $6.50 $12.99 3 cyd Cardboard Bin $9.74 $4.87 4 cyd $25.98 6 cyd Cardboard Bin $19.49 8 cyd $51.96 20 cyd Cardboard Bin $75.00 Shredding $0.33/lb For multiple bins and/or pickups: Multiply 1x/wk rate x # of bins x # of pickups May 7, 2010 Page 5 of 5 EXHIBIT E CONFIDENTIALITY NOTE: THIS EXHIBIT APPLIES ONLY TO MATERIALS IDENTIFIED BY THE CITY AS "CONFIDENTIAL TO BE SHREDDED". IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Rev7/2009 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. 3 SA rev03/10 ® CERTIFICATE OF LIABILITY INSURANCE DATE (MNVDOIYYYY) 1fi7201 I 6/ I /2010 PRODUCER LOCKTON COMPANIES, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 5847 SAN FELIPE, SUITE 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOUSTON TX 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 866-260-3538 INSURERS AFFORDING COVERAGE NAIC # INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, 1300436 RELATED & SUBSIDIARY COMPANIES INCLUDING: WASTE MANAGEMENT, INC. 5500 SOUTH QUEBEC STREET GREENWOOD VILLAGE CO 80111 INSURER A: ACE American InSUrance Company 22667 INSURER B: Indemnity Insurance Co of North America 43575 INSURER C: ACE Property & Casualty Insurance Co 20699 INSURER D: INSURER E: COVFRA[.FS A T TNn3 �ERTIFICA�E O� INSURANCE GOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUWG 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. INSR LTR ADD`L INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MWDD LIMITS GENERAL LIABILITY EACH OCCURRENCE S 5,000,000 GE ToA PR M SES Ea otxtirah. S 5,000,000 X COMMERCIAL GENERAL LIABILITY HDO G24938384 1/1/2010 I/I/201 I CLAIMS MADE Q OCCUR. MED EXP (Any One person) S XXXXXXX PERSONAL 8 ADV INJURY S 5,000,000 X XCU INCLUDED GENERAL AGGREGATE S 6,000,000 X ISO FORM CG 00011207 PRODUCTS- COMP/OP AGG S 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY X PRO X LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 A X ANY AUTO ISAH08583742 1/1/2010 I/l/2011 (Ea accident) X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S XXXXXXX X HIRED AUTOS BODILY INJURY $ XXXXXXX X NON -OWNED AUTOS (Par accident) X MCS-90 PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC S XXXXXXX ANY AUTO NOT APPLICABLE S XXXXXXX AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE S 15.000,000- C X OCCUR CLAIMS MADE XOO G24902456 I/I/2010 1/1/2011 AGGREGATE S 15,000,000 S XXXXXXX UMBRELLA EI DEDUCTIBLE FORM $ XXXXXXX S XXXXXXX RETENTION S WORKERS COMPENSATION TH- X TORY LIMITS OER B AND EMPLOYER& LIABILITY YIN WLRC4570936A (AOS) 1/1/2010 I/l/2011 E.L. EACH ACCIDENT $ 3,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE WLRC45709371 (CA) I/I/2010 I/l/2011 A OFFICER/MEMBER EXCLUDED't ❑ (Mandatory in NH) SCF C45709383 (WI) 1/1/2010 1/1/2011 E.L. DISEASE - EA EMPLOYEE S 3.000,000 It yes, describe undo/ E.L. DISEASE - POLICY LIMIT S 3,000,000 SPECIAL PROVISIONS below A OTHER XTR H08583754 1/I/2010 I/1/201 I COMBINED SINGLE LIMIT EXCESS AUTO S9,000,000 LIABILITY (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CANCELLATION: 30 DAYS EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT. 10895809 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN P.O. BOX 580 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL FT. COLLINS CO 80524 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORRED REPRESENTATIVE ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATIMN. All riahts reserved. The ACORD name and logo are registered marks of ACORD For questions regarding this carthleste, contact tiro number fisted in the'Producer section shove. 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 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. Bindinq 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 4 SA rev03/10 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. 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. 5 SA rev03/10 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. SA rev03/10 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E", consisting of one (1) page, attached hereto and incorporated herein by this reference. SA rev03/10 Wj f01<1 CITY OF FORT COLLINS, COLORADO a munici al corporation By: Jams. O'Neill ll, CPPO, FNIGP Dir t of Purchasing and Risk Management Date: b 2 S o Waste Management of Colorado Inc. CORPORATE PRESIDENT OR VICE PRESIDENT Date: Z ` (Corporate Seal) SA rev03/10 7119 Waste Stream Management Services EXHIBIT A — SCOPE OF WORK I. GENERAL INFORMATION: The City of Fort Collins (City) has selected a qualified Service Provider to help implement a new waste management program for City offices, workplaces, and facilities that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream, in order to meet a goal of ultimately reducing the organization's waste stream by 80%. In the past, the City has entered into separate contracts with a Service Provider to haul trash for disposal and a Service Provider to haul recyclables for processing. Now, the City is partnering with a single entity that will coordinate trash removal and recycling service, in order to optimize collection efficiencies and track progress toward waste reduction goals. Joint bid proposals between multiple Service Providers have been submitted, with a single point of contact provided to the City. The City's current information about the exact amounts of waste coming from municipal buildings and properties is incomplete. Also, we do not consider the full potential for recycling to have been realized yet. The City will work closely with the Service Provider, who is able to draw upon a range of skills and capabilities, including: recycling technical expertise; familiarity with industry Best Management Practices; and, introduction of new waste reduction technologies and approaches. The Service Provider shall assist the City in developing and implementing a more integrated, comprehensive process of managing its waste stream which is characterized by accurate measurement, reporting, cost efficiencies, and innovation. Service Provider has opted to collect recyclable materials in a "single -stream" collection program. The City shall allow the Service Provider to retain payments for all recyclable commodities included in the contract. II. WORK REQUIREMENTS: General Requirements: • Service Provider shall provide all labor, equipment, apparatus, appliances, tools, transportation and permits as required for refuse hauling and recycling services from outdoor collection sites and based on the schedule agreed upon (see Exhibits C and D), as contracted by this procurement, and to meet future needs. • Service Provider shall procure all licenses, pay all charges and fees, and give all notices necessary and incidental to the lawful fulfillment of the services to be provided. • Service Provider shall provide all scales equipment and/or pay costs for measuring and reporting material by weight as required by the City. • All services performed under this contract will be to the highest industry standards for services of this type, done by those normally engaged in this type -1-