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HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1060 RESIDENTIAL REFRIGERATOR (3)Administrative Services Purchasing Divison 215 North Mason Street  2nd Floor  P.O. Box 580  Fort Collins, CO 80522-0580  (970) 221-6775  Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1060 Residential Refrigerator/Freezer Collection and Temporary Storage Services The City of Fort Collins Utilities (Utilities) is seeking proposals from qualified contractors specializing in moving and storage to assist in the ongoing implementation of a Residential Refrigerator/Freezer Recycling Program (Program) in Utilities service territory. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), March 23, 2007. Proposal No. P1060. 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. Questions concerning the scope of the project should be directed to Project Manager John Phelan, (970) Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO, Senior Buyer (970) 221-6778. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. 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. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management FFoorrtt CCo olllliinnss UUttiilliitti ieess 22 JJ aannuuaarryy 1177,, 2200 0077 Fort Collins Utilities REQUEST FOR PROPOSAL Residential Refrigerator/Freezer Collection and Temporary Storage Services 1. INTRODUCTION The City of Fort Collins Utilities (Utilities) is seeking proposals from qualified contractors specializing in moving and storage to assist in the ongoing implementation of a Residential Refrigerator/Freezer Recycling Program (Program) in Utilities service territory. The City of Fort Collins seeks to extend a contract to a qualified contractor who meets the specifications as set forth in this Request for Proposals (RFP). The Residential Refrigerator/Freezer Recycling Program is part of a broad effort to reduce electrical energy consumption and peak electrical demand in Utilities service territory. The primary objective of this Program is to decrease the number of older inefficient refrigerators and freezers in general use, and by doing so, deliver long-term electric energy savings and peak demand reduction. 2. PROGRAM DESCRIPTION The Program is designed to reduce energy usage by allowing customers to dispose of their operable, inefficient primary and/or secondary refrigerators and freezers in an environmentally safe manner. All Fort Collins Utilities electric customers are eligible for participation. Qualifying refrigerators or freezers must be working (cooling) and have a rated capacity between 14-27 cubic feet. Residential customers may turn in no more than two refrigerators or freezers or a combination of one refrigerator and freezer per dwelling unit per year. In exchange for each primary and/or secondary refrigerator and freezer collected customers receive a cash incentive. Appliances collected by the program are, under no circumstances, to be returned to service. Comprehensive recycling for all collected refrigerators and freezers is an essential component of the Program. The Program has been managed and delivered through Jaco Environmental for 2004 through 2006. Utilities plans to separate several of the program activities for 2007. The new program will have Utilities staff scheduling appointments for collection, a local contractor providing collection and storage services (the purpose of this RFP) and Jaco Environmental providing transportation, recycling and hazardous materials handling. FFoorrtt CCo olllliinnss UUttiilliitti ieess 33 JJ aannuuaarryy 1177,, 2200 0077 3. SCOPE OF SERVICES The contractor will provide the following services:  Appliance collection and storage, and  Coordination with Utilities and Jaco Environmental; Appliance collection and storage The contractor will:  Hire and train drivers;  Provide collection vehicles, tools and equipment necessary for safe and efficient appliance removal. Vehicles must maintain the City’s image for quality and service;  Verify units to be collected meet eligibility criteria (e.g. working condition, size);  Remove appliances from within the home or business;  Store appliances in compliance with all federal, state and local regulations; and  Provide access for Jaco Environmental to periodically pickup appliances in bulk for transportation to their recycling facility. Customer Service Utilities place a very high value on quality customer service. The contractor will:  Maintain the highest levels of professionalism and courtesy in all customer interactions;  Refer customer questions that cannot be answered and unresolved customer complaints to Utilities within one business day of occurrence; and  Maintain confidentiality of all Utilities customer information except as expressly authorized by the City. Program tracking and reporting The contractor will:  Submit monthly invoices to Utilities for payment with documentation of services provided, including; o Copies of collection paperwork with participant name, address, type of appliance and location from which it was removed; o Number of appliances collected or rejected; o Names of participants whose appliances were rejected and reasons for rejection of appliances; 4. PROGRAM GOALS The Program has collected an average of 700 units per year for the last three years. The goal of the new program is to have weekly collections averaging 20-25 appliances per week. The total number of appliances for 2007 is expected to be between 700 and 900. Utilities expect to retain a contractor for the remainder of 2007 and 2008. FFoorrtt CCo olllliinnss UUttiilliitti ieess 44 JJ aannuuaarryy 1177,, 2200 0077 5. PROPOSAL OUTLINE The RFP response and deliverables must be organized in the following format to allow an orderly review and evaluation. Address all aspects of the Program described under the Scope of Work and in this section. The proposed contract between Utilities and the successful bidder is attached for reference purposes. A. Table of Contents. List proposal content by section and by page number. B. Project Description. Describe the bidder’s plans for collection and storage of appliances, and for coordination with Utilities and Jacob Environmental. Describe location of all facilities used to deliver the Program (i.e. offices, storage). C. Project Team. Describe each team member’s or subcontractor’s roles and responsibilities in delivering the proposed services. Describe their training, experience and qualifications. Provide references for similar or related work. D. Appliance Collection, Storage and Transportation. Provide a complete description of the vehicles to be used to collect and transport refrigerators and freezers, including the type and number of vehicles to be dedicated to the Program. Describe bidder’s expertise and capabilities in the transport, collection, storage and warehousing of refrigerators and freezers removed from customers’ homes. Provide a description of warehouse/storage facilities. E. Insurance. To be eligible for consideration pursuant to this RFP, a bidder must maintain insurance coverage set forth in Section 11, Insurance, of the Contract attached and incorporated in this RFP. The selected bidder must furnish Utilities evidence of coverage from insurers acceptable to Utilities within 30 days of execution of the Agreement but in any event prior to the start of work. Include in section I of the proposal either evidence of coverage or letter accepting and acknowledging insurance requirements. F. Pricing. All proposed pricing should be based on a ‘per unit’ basis. Bidders pricing should include all costs associated with implementing the scope of work, including without limitation: buildings, labor, supervision, administration, materials, tools, trucks, equipment, performance of all operations and incidentals and necessary licenses or permits. Provide separate per unit pricing for the following: Cost Item 1. Collection and Storage. Quote a fixed price-per refrigerator or freezer. Cost Item 2. Collection of multiple units from same address. Describe the reduced cost for pickup of more than one refrigerator or freezer at a single address (i.e. first unit at cost item 1, additional units at same address at cost item 2). FFoorrtt CCo olllliinnss UUttiilliitti ieess 55 JJ aannuuaarryy 1177,, 2200 0077 G. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm successfully done previous projects of this type and scope? Does the firm have a history of compliance with applicable governmental laws, rules and regulations? FFoorrtt CCo olllliinnss UUttiilliitti ieess 66 JJ aannuuaarryy 1177,, 2200 0077 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RESIDENTIAL REFRIGERATOR/FREEZER RECYCLING SERVICES AGREEMENT THIS AGREEMENT is made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter referred to as the “City” and ___________________, hereinafter referred to as “Contractor”. 1.0 Definitions. The following terms, whether in the singular or in the plural, when used in this Agreement, shall have the meanings specified; 1.1 Agreement: This document, including the exhibits thereto, and the terms and conditions contained therein, as may be amended or supplemented. 1.2 CFCs/HFCs/HCFCs: Chlorofluorocarbon, Hydrofluorocarbon and Hydro chlorofluorocarbon refrigerants found in Refrigerator and Freezer cooling systems. 1.3 CFC-11: Chlorofluorocarbons contained in Refrigerator and Freezer insulating foam. 1.4 Customers: Individual residential and “general service” small commercial customers of the City of Fort Collins Electric Utility who qualify for participation in the Program. 1.5 Freezer: A freezer which provides supplementary cold storage to a primary freezer, or the freezer section located within a Refrigerator, in a residential household. 1.6 Mercury: Mercury-containing components such as lid tilt-switches found in Freezers. 1.7 PCBs: Polychlorinated Biphenyls. 1.8 Program: The Residential Refrigerator/Freezer Recycling Program to be implemented by Contractor pursuant to this Agreement. 1.9 Refrigerator: Refrigerator used as the principal means of storing cold foods in a residential household. 1.10 Regulated Substance: Any substance or material, including waste substances, which has been designated as hazardous or toxic by the U.S. Environmental Protection Agency or the Colorado Department of Public Health and Environment. 1.11 Utilities: The City of Fort Collins Utilities Services. 1.12 Work: Any and all of the obligations of Contractor to be performed as part of the Program pursuant to this Agreement. 2.0 Scope of Services. Contractor agrees to provide refrigerator and freezer collection and recycling services in accordance with the scope of services attached hereto as Exhibit “A”, consisting of _______(________) pages, and incorporated herein by reference. FFoorrtt CCo olllliinnss UUttiilliitti ieess 88 JJ aannuuaarryy 1177,, 2200 0077 3.0 Time of Commencement and Completion of Services. The Work to be performed pursuant to this Agreement shall be initiated within ___(____) days following execution of this Agreement. Unless sooner terminated as provided herein, this Agreement shall terminate on ________________. At the option of the City, this Agreement may be renewed for up to two additional one-year periods. Notice of the City’s decision to renew shall be provided to Contractor not less than 60 days prior to the end of the current Agreement period. 4.0 Early Termination by City. 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 Contractor. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in such notice unless otherwise agreed in writing by the parties. In the event of such early termination by the City, Contractor shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Contractor’s obligations under this Agreement. Such payment shall be the Contractor’s sole right and remedy for such termination. 5.0 Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Contractor on a per unit basis, according to the following schedule: _____________ _____________ with maximum compensation not to exceed ________________. 6.0 City Representative. The City will designate, prior to commencement of the Work, its Project representative who shall make, within the scope of his or her authority, all necessary and proper decisions regarding the Project. All requests for contract interpretations and other clarification or instruction shall be directed to the City Representative. 7.0 Notices. All notices provided for under this Agreement shall be effective when mailed, postage prepaid, and sent to the following addresses: If to the City: With a Copy to: ___________ ______________ If to the Contractor: With a Copy to: ________________ ______________ 8.0 Warranty, Compliance with Laws, and Permits. Contractor shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by Contractor, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor warrants to the City that the Work shall be performed in a competent manner, in accordance with this Agreement, and that the acceptance, removal collection, warehousing, inventorying, handling, storage, recycling, and disposal of the Refrigerators and Freezers and all Regulated Substances shall be in accordance with (a) the requirements of this Agreement and (b) applicable local, state, and federal laws and regulations in effect at the time the work is performed. Prior to performance of any services pursuant to this Agreement, Contractor shall, at its own cost, have obtained, and shall have required any subcontractors to obtain, all FFoorrtt CCo olllliinnss UUttiilliitti ieess 99 JJ aannuuaarryy 1177,, 2200 0077 licenses and permits required by law, rule, regulations and ordinances to engage in the activities required in connection with this Agreement. 9.0 Responsibility for Regulated Substances. Contractor shall be solely responsible for all methods, techniques, sequences, and procedures for the recovery, storage transportation and waste disposal and/or recycling of all CFCs/HFCs/HCFCs, CFC-11, PCBs, mercury, used oil, scrap metals, and other Regulated Substances found in Refrigerators and Freezers turned-in by Customers. Contractor agrees to be responsible under federal or state law as the generator of any waste resulting from Contractor’s performance of the work hereunder. 10.0 Indemnification. The Contractor shall indemnify, defend, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City, and for the City’s costs and reasonable attorneys fees, arising directly or indirectly out of the Contractor’s negligence, errors, omissions or willful misconduct incident to the performance of any of the services furnished under this Agreement, Contractor’s failure to comply with any pertinent law, rule, regulations or ordinances regarding Regulated Substances, or Contractor’s failure to comply with any other applicable law or other legal requirement. 11.0 Insurance and Bonding Requirements 11.l General Insurance Coverage Prior to the start of work, but in any event not later than 30 days after the date of award of contract, the Contractor shall furnish the City evidence of coverage from insurers acceptable to the City and in a form acceptable to the City’s Risk Management Department. Such insurance shall be maintained by the Contractor throughout the term of this Agreement at the Contractor's sole cost and expense. Such insurance shall not limit or qualify the liabilities and obligations of the Contractor assumed under the contract. The City shall not by reason of its inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies. Any insurance carried by the City which may be applicable shall be deemed to be excess insurance and the Contractor's insurance is primary for all purposes despite any conflicting provision in the Contractor's policies to the contrary. Said evidence of insurance shall contain a provision that the policy cannot be canceled or reduced in coverage or amount without first giving 30 calendar days' notice thereof (10 days for non-payment of premium) to the City by registered mail. Should any portion of the required insurance be on a "Claims Made" policy, the Contractor shall, at the policy expiration date following completion of work, provide evidence that the "Claims Made" policy has been renewed or replaced with the same limits, terms and conditions of the expiring policy, or that an extended discovery period has been purchased on the expiring policy at least for the contract under which the work was performed. Failure to maintain and provide acceptable evidence of the required insurance for the required period of coverage shall constitute a breach of contract, upon which the City may immediately terminate or suspend the agreement. FFoorrtt CCo olllliinnss UUttiilliitti ieess 1100 JJaannuuaarry y 1177,, 22 000077 Contractor shall be responsible for all subcontractors' compliance with the insurance requirements. 11.2 Specific Coverage 11.2.1 Workers' Compensation Insurance The Contractor shall provide Workers' Compensation insurance covering all of the Contractor's employees in accordance with the laws of any state in which the work is to be performed and including Employer's Liability insurance and a Waiver of Subrogation in favor the City of Fort Collins. The limit for Employer's Liability coverage shall be not less than $1,000,000 each accident and shall be a separate policy if not included with Workers' Compensation coverage. Evidence of such insurance shall be in the form of a special endorsement of insurance. Workers' Compensation/Employer's Liability exposure may be self-insured provided that the City is furnished with a copy of the certificate issued by the state authorizing the Contractor to self-insure. Contractor shall notify the City by receipted delivery as soon as possible of the state withdrawing authority to self-insure. 11.2.2 Commercial General Liability Insurance The Contractor shall provide Commercial General Liability insurance with Blanket Contractual Liability, Independent Contractors, Broad Form Property Damage, Premises and Operations, Products and Completed Operations, and Personal Injury coverage included. Such insurance shall provide coverage for total limits actually arranged by the contractor, but not less than $1,000,000 combined single limit per occurrence. Should the policy have an aggregate limit, such aggregate limits should not be less than double the Combined Single Limit and be specific for this contract. Umbrella or Excess Liability coverage may be used to supplement primary coverage to meet the required limits. General Liability shall include coverage for damages caused by loading and unloading of appliances being moved from homes and businesses. Evidence of such coverage shall provide for the following: 1) Include the City and its officers, agents, and employees as additional insured(s) with the Named Insured for the activities and operations under the contract. 2) A description of the coverage included under the policy. 11.2.3 Commercial Automobile Liability Insurance The Contractor shall provide Commercial Automobile Liability insurance which shall include coverage for liability arising out of the use of owned, non-owned, and hired vehicles for performance of the work as required to be licensed under Colorado or any other applicable state’s laws. The Commercial Automobile Liability insurance shall have not less than $1,000,000 combined single limit per occurrence and shall apply to all operations of the Contractor. If not covered by General Liability, the FFoorrtt CCo olllliinnss UUttiilliitti ieess 1111 JJaannuuaarry y 1177,, 22 000077 Automobile Liability shall provide coverage for damages caused by loading and unloading of appliances being moved from homes and businesses. The Commercial Automobile Liability policy shall name the City of Fort Collins and its officers, agents, and employees while acting within the scope of their employment, as additional insured(s) with the Contractor, and shall insure against liability for death, bodily injury, or property damage resulting from the performance of this Agreement. 12.0 Independent Contractor. The services to be performed by Contractor are those of an independent contractor and not of an employee of the City of Fort Collins. Contractor’s employees assigned to perform Contract Work are and shall at all times hereunder remain the employees of the Contractor and not employees of the City. The Contractor shall be fully and solely responsible for the management and compensation of said employees. The City shall not be responsible for withholding any portion of Contractor’s compensation hereunder for the payment of FICA, Workers’ Compensation, other taxes or benefits, or for any other purpose. 13.0 Subcontractors. With prior written approval of the City, the Contractor may enter into subcontracts with others for the performance of portions of this Agreement. The Contractor shall at all times be responsible for the acts and errors or omissions of its subcontractors and persons directly or indirectly employed by them. Nothing in this Agreement shall constitute any contractual relationship between any others and the City or any obligation on the part of the City to pay, or to be responsible for the payment of, any sums to any subcontractors. The Contractor shall make the provisions of this Agreement applicable to all subcontractors providing service in connection with the Work. Such subcontractors must be bound by the Contractor to general terms and conditions protecting the City which are equivalent to the terms and conditions of this Agreement. Upon written request, the Contractor shall supply the City with all subcontractor agreements. 14.0 Confidentiality. All data and information, including that supplied by the City to the Contractor, that obtained by the Contractor from the City’s customers, and that developed by the Contractor in the course of providing management and administration services to the City under this Agreement shall be held in strict confidence and shall be used solely for the performance of the Work pursuant to this Agreement. Contractor, its employees, and any subcontractors shall not disclose any City or customer information to any person other than the City’s personnel, or the City’s designated agent, either during the term of this Agreement or after its termination, without the prior written consent of the City, except as provided by lawful court order or subpoena, in which case Contractor shall give the City advance written notice of such order or subpoena. 15.0 Title. Title to collected Refrigerators and Freezers and the Regulated Substances contained therein shall pass to Contractor upon collection from customers. 16.0 Monitoring of Work. 16.1 Records and Audits The Contractor shall maintain records and books of accounts showing all costs and expenses incurred by the Contractor for this Agreement, and documenting all FFoorrtt CCo olllliinnss UUttiilliitti ieess 1122 JJaannuuaarry y 1177,, 22 000077 environmental or other regulatory compliance activities related to the performance of services hereunder. The City shall have the right, upon reasonable notice, to audit the books, records, documents, and other evidence and the accounting procedures and practices, where needed, to verify the costs and expenses claimed. The Contractor shall retain such books and records, and the City shall retain the right to audit them, for at least three years after final payment and until all disputes, appeals, litigation, or claims have been resolved. This right to audit shall also include inspection at reasonable times of the Contractor's office or facilities which are engaged in the performance of the Agreement. In addition, the Contractor shall, at no expense to the City, furnish reasonable facilities and assistance for such an audit. Upon request, Contractor shall also provide copies of documents applicable to this Agreement. The audit findings shall, to the extent allowed by law, be treated by the City as confidential. 16.2 Right to Review Services, Facilities, and Records The City reserves the right to review any portion of the services performed by the Contractor under this Agreement, and the Contractor agrees to cooperate to the fullest extent possible. The right of the City to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by the Contractor shall not relieve the Contractor of any obligation set forth herein. 17.0 Acceptance not Waiver. The City’s failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The City’s approval or acceptance of, or payment for, any of the services provided hereunder shall not be construed to operate as a waiver of any of the rights or benefits provided to the City under this Agreement. 18.0 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. 19.0 Remedies. In the event a party has been declared in default, such defaulting party shall be given written notice of the alleged default and 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) avail itself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable action 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. 20.0 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 successors and assigns of said parties. 21.0 Law/Severability. Each party’s performance hereunder shall comply with all applicable laws of the United States of America, the State of Colorado and the City of Fort Collins. This Agreement shall be governed, executed, interpreted and enforced under the laws of the State of Colorado, and the City of Fort Collins and venue for any litigation shall be in the District Court in Fort Collins, Colorado or in Federal Court in the state of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by FFoorrtt CCo olllliinnss UUttiilliitti ieess 1133 JJaannuuaarry y 1177,, 22 000077 any court of competent jurisdiction, such holding shall not invalidate or render unenforceable ay other provision of this Agreement. 22.0 Survival. Contractor’s obligations to indemnify the City under Section 10.0; to provide insurance coverage as required in Section 11.3 and 11.4; to protect the confidentiality of information obtained from the City and City customers as required by Section 14.0 above; and to maintain and retain records as required by Section 16.0 shall survive the termination of this Agreement. 23.0 Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 “Basic Pilot Program”) in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor 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 Contractor shall not terminate the contract with the subcontractor if during such three days the FFoorrtt CCo olllliinnss UUttiilliitti ieess 1144 JJaannuuaarry y 1177,, 22 000077 subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. FFoorrtt CCo olllliinnss UUttiilliitti ieess 1155 JJaannuuaarry y 1177,, 22 000077 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year written below. THE CITY OF FORT COLLINS, COLORADO By: ___________________________________ James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: __________________________________ ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ Assistant City Attorney [Contractor Corporation Name] By: ____________________________________ [Print Name]: ____________________________ Title: ___________________________________ [Corporate President or Vice President] ATTEST: ________________________________ Corporate Secretary FFoorrtt CCo olllliinnss UUttiilliitti ieess 1166 JJaannuuaarry y 1177,, 22 000077 Administrative Services Purchasing Divison 215 North Mason Street  2nd Floor  P.O. Box 580  Fort Collins, CO 80522-0580  (970) 221-6775  Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1060 Residential Refrigerator Freezer Collection and Temporary Storage Services OPENING DATE: 3:00 P.M. (Our Clock) March 23, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGE: Paragraph 9.0 Responsibility for Regulated Substances is hereby deleted from the contract. Under this contract, we are asking the contractor to temporarily sore the appliances in a safe and secure manner. We do NOT expect the selected contractor to be responsible under federal or state law as the generator of waste. Please contact Opal F. Dick, CPPO, Senior Buyer at (970) 221-6778 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative Services Purchasing Divison 215 North Mason Street  2nd Floor  P.O. Box 580  Fort Collins, CO 80522-0580  (970) 221-6775  Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1060 Residential Refrigerator/Freezer Collection and Temporary Storage Services OPENING DATE: 3:00 P.M. (Our Clock) March 28, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGE: Opening extended until Wednesday-March 28, 2006 3:00 p.m. Please contact Opal F. Dick, CPPO, Senior Buyer at (970) 221-6778 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED.