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HomeMy WebLinkAbout509720 UTILITY SERVICES OF AMERICA LLC - CONTRACT - RFP - 7432 ELECTRIC METER TESTING & RECYCLINGSERVICES 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 Utility Services of the Americas, LLC, 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 five (5) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence November 1, 2012, and shall continue in full force and effect until December 31, 2013, unless sooner terminated as herein provided. 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. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage Services Agreement 7432 Electric Meter Testing & Recycling Page 1 of 17 Exhibit 2: Sample Certificate of Disposal Services Agreement 7432 Electric Meter Testing & Recycling Page 10 of 17 Exhibit 3: Sample of Meter Testing Report `Report will be customized to City of Fort Collins specifications. of Fort Collins 'ftW A Wnsinn¢vH OCy dFW Co%.sp kli., Services Agreement 7432 Electric Meter Testing & Recycling Page 11 of 17 Exhibit 4: Surinking Inc. R2 Certification ,PERRYJOHNSON REGISTRARS,, INC. nF-z0-1aaL of <:-Rzgt'iftat�on , Road, ..Jad 6 ., ta44et� ;N ,z4--A�4B zzq,.a� "& , - .. jd t. & ResFT0#g§ib1e Recycling© (R2) Rev. 1012008 Reuse, Refurbishment and Recycling of Electronic Equipment and Components, ineluding Data Destruction J.. d 64. cky-dLt &'.6Y dx tL e4.�nwzt &-Jy .d Fw PM- L--1 Ir PERRYJ6HN60W Pc� Johwn RegjSI=I,, Inc, (PIR) INC. 755 Wea Big Bmccr Road, Suitc 1340 M1!np.48084 (248)358-3388 J "� � C.Uf. "V.; Much 18. 2011 ; March 17.2014 C2011-00956 Services Agreement 7432 Electric Meter Testing & Recycling Page 12 of 17 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed, under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. i 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. Services Agreement 7432 Electric Meter Testing & Recycling Page 13 of 17 acono' CERTIFICATE OF LIABILITY INSURANCE -0712/ 012 �.� 1o/lz/zoT.z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the cerllficala hold., Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to lie tome and conditions of the Policy, certain policies may rentulra an endonemen A stammem on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCIA First Niagara Risk MarLagement, Inc 726 Rxchenge Street Suite 900 Buffalo NY 14210 xF. Amy Roberts Muse (T16)819-5500 IF"X .IAq nP-a1.0 EaAn .Amy. Robortegfnrm.c® I ArPORomo coYERAGE NAM. 1 eraumm. Hanover Insurance Ccepainy 22292 IuauaED Manitoba Corporation 122-130 Central Avenue PO Box 385 Lancaster NY 14086-0385 moaEns Allmerica Financial Benefit 1840 WSUAER C: meaRER a: smuaER e: WSURER F: 3 LAE THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. mM TA l EeF ItaUMNCE Is IpIxV NUMBER POLICY EFF POLKYEV L. A OENEIMLLYBRRY % Co".. OENEPAL IueAm CLARrs WADE®OCCUR f931266300 - 0/1/2012 0/1/203 EACH OCCURRENCE E 1, OOD,ODO WO EMv IA, am F—) a 1,000,000 S 10,000 vERsvwLnAw mlum 5 1,000,000 CENERALAGCREGATE 1, 2,000,000 OEHL AGGREGATE % POLCY Lan APPVES PER: FRO. LCC RiOWCtB-CONP.CA Mti S 2,000,000 S B AUTCYO&LE LlABR15Y R Orly AUTO AILOYMEO �SCHEDMEp NTT AVTOS % HIRED AUTOS AUTOS 931265600 I' FI 0/1/2012 0/1l2013 /I p I __ p004Y1NNRvPe,Gnmi 1, DO� �OO 5 BODILYWAIRYIP ..' 5 4 UN 5 1,000,000 A R ImREuwLue EXCESS UMB R OLLUR culusuAOE 931269600 U01112012 0/1/201.3 EACH OCCURRENCE 5 6,000,000 AGGREGATE 5 6,000,000 pEp % REIENTgNS 10,D0 S WORMERS COMPENSATON AHOkMPU0YFA8'LUBNITY ANY PROPRIET( ARTNEAEAECUTNE YIN OFFICERNEMSER EYCLWWI Ixug FIgI e yy CncrYq Y,rb CEBLNPICN OF CPEPAI%mS Ww I NC SIaTV. O1K EL EALHACCIOEN! S EL pI$EASE.EA ELPLOYE 5 EL DISEA9ENDCY IYn S OEacsa`o IOFOVERATxsui LOC:ATONV`A aCLE! IANN ALd1O 1m,Aaalanlnl P�,IuSA XMWUN,Nne.µ uN,putrAGl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Collins ACCORDANCE WITH THE Po YPROWSIONS. Director of Purchasing and Risk Managemen P, 0. Box 580 1 AUTHORPED REPRESENTATNE Fort Collins, CO 80522 Angara/AROBSit �"`-'� �^' Services Agreement 7432 Electric Meter Testing & Recycling Page 14 of 17 i i EXHIBIT C FEDERAL REQUIREMENTS Access to Records: Contractor agrees to provide access to its books, documents, papers, and records to the extent such are subject to inspection under applicable law for the purpose of audit, examination, excerpts, and transcriptions. I Record Retention: Contractor shall retain all records for the greater of five years or for so long as such records pertain to any disputes or other pending matters. Clean Air Act: Contractor will comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Energy Policy and Conservation Act: Contractor will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 1' Lobbying Restrictions: By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. No Obligation by the Federal Government: The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by DOE. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Federal Changes: Subject to Pricing and Time Schedule as provided below, Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Grant Agreement between City and DOE, as they may be amended or promulgated from time to time during the term of this contract. Pricing and Time Schedule: The price(s) and time schedule(s) set forth herein are based on applicable laws, rules, regulations, orders or requirements of governmental authorities and other applicable codes and Services Agreement 7432 Electric Meter Testing & Recycling Page 15 of 17 standards effective on the day prior to the date of Contractor' bid, proposal, quote or other response to the City's initial solicitation or inquiry. Any change to any law, rule, regulation, order, code, standard or requirement (including any changes in application or interpretation thereof) which requires any change or addition to the work hereunder shall entitle Contractor to an equitable adjustment in the Agreement price(s) and time sctiedule(s). 1 Early Termination by City: Notwithstal ding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professionai. 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. In the event of any such early termination by the City, the Contractor shall be paid for all services performed prior to the date of termination including a reasonable profit margin on such services and for all reasonable costs arising from such termination Such payment shall be the Contractor's sole right and remedy for such termination I Disputes: The parties shall make a diligent, good faith attempt to resolve by negotiation all disputes arising out of or in connection with this Agreement. If such negotiation is unsuccessful within a period of forty- five (45) days, the; parties shall make a diligent, good faith attempt to settle the dispute by mediation. If such mediation is unsuccessful within a reasonable period, of time, either party may submit any unresolved dispute to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such arbitration shall be conducted in Denver; Colorado, by the Regional Office of the American Arbitration Association. Any award shall be final and binding, and may be entered into a court of`competent jurisdiction for enforcement. Performance during Dispute: Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved Claims for Damages: Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other parry within a reasonable time after the first observance of such injury of damage. Remedies: The laws of the State of Colorado shall govern the validity, interpretation and enforcement of this Agreement. Assignment may be made only with the written consent of both parties; provided, however, that Contractor may assign to its affiliate without consent. Venue for the resolution of any dispute requiring court action shall be in U.S.Federal Court in Denver, Colorado. Rights and Remedies: The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise Services Agreement 7432 Electric Meter Testing & Recycling Page 16 of 17 imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 i Procurement Provisions: This contract is funded by the "American Recovery and Reinvestment Act of 2009" (ARRA). In compliance with the ARRA contractors and subcontractor must adhere to the following provisions: j; ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY BUY AMERICAN (4 SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved Minds that— (1) applying subsection (a) would be inconsistent with the public interest;'(2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. 11 (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in & Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. ECONOMIC STABILIZATION CONTRACTING SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING. (a) SHORT TITLE. —This section may be cited as the "Employ American Workers Act". (b) PROHIBITION.— (1) IN GENERAL. —Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 at seq.) to hire any nonimmigrant described in section 101 (a)(1 5)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM. —In this subsection, the term "hire" means to permit a new employee to commence a period of employment. Services Agreement 7432 Electric Meter Testing & Recycling Page 17 of 17 prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Utility Services of the Americas Attn: Purchasing Attn: Chad Stanley, Meter Systems 122 Central Ave PO Box 580 Supervisor, Light & Power PO Box 382 Fort Collins, CO 80522 PO Box 580 Lancaster, NY 14086 Fort Collins, CO 80522 Attn: Steven Snyder, New Business Development 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 "A" Scope of Work, consisting of seven (7) 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. 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 Services Agreement 7432 Electric Meter Testing & Recycling Page 2 of 17 the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event Services Agreement 7432 Electric Meter Testing & Recycling Page 3 of 17 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 parry's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. Services Agreement 7432 Electric Meter Testing & Recycling Page 4 of 17 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. 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 Services Agreement 7432 Electric Meter Testing & Recycling Page 5 of 17 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of three (3) pages, attached hereto and incorporated herein by this reference. Services Agreement 7432 Electric Meter Testing & Recycling Page 6 of 17 ATTEST: City Clerk CITY OF FORT COLLINS, COLORADO a municipal corporation By: % " Jame B O'Neill 11, CPPO, FNIGP Dire or f Purchasing and Risk Management Date: `C /I y/ f z, 0 .7 71kii?F_1 E AMERICAS, LLC CORPORATE ESIDENT OR VICE PRESIDENT Date: f I l 2/ 2012, A (Corporate Se .30FTNe, eWA 2011 �81A}i 1 Services Agreement 7432 Electric Meter Testing & Recycling Page 7 of 17 EXHIBIT A SCOPE OF WORK The City of Fort Collins is in need of a Service Provider who will either pick up or provide for pickup and shipping by a third -party logistics provider of miscellaneous surplus electric meters that are removed as a result of the City' s AMI program as described above. The selected Service Provider will perform Meter Calibration Accuracy Testing on the meters when they are received; and report back the results in electronic form (MS Excel preferred) to the City's Project Manager in a report format approved in advance by the Project Manager. It is anticipated that reporting on a monthly basis over the duration of the project will be sufficient. After testing is completed, the meters will be recycled properly in compliance with all applicable federal, state, and local regulations. In the event the meters are recycled; Service Provider will report the breakdown of components that were recycled (by material type), their percent of composition of the meter, the diversion rate (percent recycled vs percent scrapped), and the amount of the recycling proceeds (or cost) borne by Service Provider, and the amount to be refunded to (or charged to) the City. Payment/Cost Schedule Contractor will provide all labor, equipment, materials, and permits to pick up or provide for shipping via a third -party logistics provider to remove the meters as -is, where -is, at 700 Wood Street, Fort Collins, Colorado per specification: Methods and Approach: Meters that are required to be tested will be tested and a report, identical to the sample report provided in this RFP will be provided to the City of Fort Collins. Other meters will be received and processed so that all materials including all glass, plastics ferrous, non-ferrous metals and cardboard boxes are properly recycled and a report of all meter components will be generated along with a certificate of recycling. Final net weights (deducting skids/boxes) will be reconciled once received at facility. Payment will then be made to the City of Fort Collins after material is received at our facility. a. Electronic components will be recycled at: Sunnking Incorporated 4 Owens Road, Brockport NY 14420 PHONE: 585-637-8365 EPA #: NYD002208742 Exhibit 5: Sunnking Inc. R2 Certification b. Disassembly and component separation will take place at: Utility Services of the Americas 4400 Geraldine Ave St. Louis, MO 63115 c. When a total of 7,488 electric meters are available for pickup, the City of Fort Collins Project Manager will notify Utility Services of the Americas. A 53ft van trailer will then be dispatched to the City of Fort Collins, 700 Wood Street, Fort Collins, CO where it will be live loaded and brought to our facility. Services Agreement 7432 Electric Meter Testing & Recycling Page 8 of 17 2. Payment/ Cost Schedule: COST PER METER TO TEST METERS AND PROVIDE RESULTS TO THE CITY including UNIT PICKUP/SHIPPING): $4-6 +. (Cost to test meters is dependent on the number of meters to be tested, frequency and whether they are shipped in partial or full loads of packaged meters) COST PER METER TO BREAK DOWN METERS FOR RECYCLING AND REPORT RECYCLING DIVERSION RATE TO CITY: $0.26)per meter or (0.301)/ Ib' "Utility Services of the Americas will pay a NET CREDIT of $1.26 per meter. The blended credit/ lb offer is $.301 (net weight excluding packing material and skids). Note that unit price credit is indexed to the NYMEX copper of $3.72/lb less glass weight on the day of this proposal. The above credit will be indexed up or down depending on the closing price of copper/lb on the day of pickup x the final net weights received at USofA's facility. Value paid to the City of Fort Collins will be adjusted accordingly if there is a change in national fuel surcharge greater than 5%. The following is a summary of active customers' electric meters as of February 2010. Electric Customers by Type of Meter Type of Meter Active Meters Residential 57,034 Commercial Single Phase 3,916 Commercial Poly Phase -'3,273 TOTAL 64,223 As a result of this project, the City will be removing and collecting the old electric utility meters, which could be either electro-mechanical or solid-state meters. Primary Contact: Steven Snyder, New Business Development Phone: (716) 512-8410 Email: ssnvder(a)utilityrecvclers.com Service Issues Contact: Marc Mittleman, VP Operations Phone: (855) 855-2001 Email: mmittleman(d_)lltllltVrecVclers.com Billing Issues Contact: Brian Shine, VP Finance Phone: (855) 855-2001 Email: bshinet7c.utilityrecyclers.com Services Agreement 7432 Electric Meter Testing & Recycling Page 9 of 17