HomeMy WebLinkAboutRFP - 7576 RESIDENTIAL REFRIGERATOR/FREEZER RECYCLING SERVICES (2)REQUEST FOR PROPOSAL
7576 Residential Refrigerator/Freezer Recycling Services
The City of Fort Collins Utilities (Utilities) is seeking proposals from qualified contractors
specializing in refrigerator and freezer recycling to assist in the ongoing direct implementation of
a Residential Refrigerator/Freezer Recycling Program (Program) in Utilities service territory.
Utilities seeks to extend a contract to a qualified recycling contractor(s) who meets the
specifications as set forth in this Request for Proposals (RFP). The winning bidder(s) will be
responsible for the transportation and recycling of the refrigerator and freezer units of customers
in Utilities service territory.
The Residential Refrigerator/Freezer Recycling Program is part of a broad effort to reduce
energy consumption in Utilities service territory. The Energy Policy (2009) calls for annual
savings from the electric efficiency program portfolio of approximately 22,000 megawatt-hours
annually. For more information, the Energy Policy is available at http://fcgov.com/utilities/what-
we-do.
Proposals submission via email is preferred. Proposals shall be submitted in Microsoft
Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard
copy proposals instead, five (5) copies, 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), December 17, 2013 and referenced as Proposal No.
7576. 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.
The City encourages all disadvantaged business enterprises to submit proposals in response to
all requests for proposals and will not be discriminated against on the grounds of race, color,
national origin for all proposals for negotiated agreements.
All questions should be directed to Pat Johnson, CPPB at pjohnson@fcgov.com.
A copy of the Proposal may be obtained as follows:
Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, and discount information. Summary price
information may not be designated as proprietary as such information may be carried forward
into other public documents. All provisions of any contract resulting from this request for
proposal will be public information.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
7576 RESIDENTIAL REFRIGERATOR/FREEZER RECYCLING SERVICES Page 2 of 19
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.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other
State and local governmental agencies, political subdivisions, and/or school districts to utilize
the resulting award under all terms and conditions specified and upon agreement by all parties.
Usage by any other entity shall not have a negative impact on the City of Fort Collins in the
current term or in any future terms.
Sustainability: Qualified consulting firm/teams participating in the proposal are to provide an
overview of the organization’s philosophy and approach to Sustainability. In no more than two
(2) pages please describe how your organization strives to be Sustainable in the use of
materials, equipment, vehicles, fuel, recycling, office practices, etc..
Invoices shall be billed in quarterly installments. City payment terms will be Net 30 Days from
receipt of invoice.
The City reserves the right to award directly as a result of the written proposals. The City may or
may not opt to conduct oral interviews. If interviews are held, they will be the first week of
January 2014.
The selected Service Provider shall be expected to sign the City’s Residential
Refrigerator/Freezer Recycling Services Agreement without revision prior to commencing
Services (see sample attached to this Proposal).
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
Gerry Paul
Director of Purchasing & Risk Management
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I. BACKGROUND & PURPOSE
A. Background
Fort Collins is a vibrant community of approximately 151,000 located 65 miles north of Denver,
at the base of the foothills of the Rocky Mountains. The City is 56 square miles in size and is
the northern extension of the “Colorado Front Range” urban corridor. The City’s population
includes over 24,000 college students.
City of Fort Collins Utilities (Utilities) serves more than 65,000 (both single family and multi-
family) electric customers with total annual sales of approximately 1,500 gigawatt-hours. The
Utility also provides water, wastewater, stormwater and financing services. More information
about Fort Collins Utilities can be found at fcgov.com/utilities. Within this group of residential
customers, approximately 26,000 single family homes also receive water services. Fort Collins
Utilities provides electricity to approximately 5,500 business customers, of which approximately
500 have peak demands greater than 50 kilowatts.
B. PURPOSE
The City of Fort Collins Utilities (Utilities) is seeking proposals from qualified contractors
specializing in refrigerator and freezer recycling to assist in the ongoing direct implementation of
a Residential Refrigerator/Freezer Recycling Program (Program) in Utilities service territory.
Utilities seeks to extend a contract to qualified recycling contractor(s) who meets the
specifications as set forth in this Request for Proposals (RFP). The winning Contractor(s) will
be responsible for the transportation and recycling of the refrigerator and freezer units of
customers in Utilities service territory.
The Residential Refrigerator/Freezer Recycling Program is part of a broad effort to reduce
energy consumption in Utilities service territory. The Energy Policy (2009) calls for annual
savings from the electric efficiency program portfolio of approximately 22,000 megawatt-hours
annually. For more information, the Energy Policy is available at http://fcgov.com/utilities/what-
we-do.
Old, inefficient refrigerators and freezers use substantial energy to operate due to their poor
efficiency. The primary objective of this Program is to decrease the number of inefficient
refrigerators and freezers in general use, and by doing so, deliver long-term energy savings.
Utilities has provided a refrigerator/freezer recycling program to customers since 2004. That
contract expires at the end of 2013.
II. SCOPE OF WORK
A. 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 electric utility customers are eligible.
Qualifying refrigerators or freezers must be working (cooling) and have a rated capacity
between 14-27 cubic feet. Customers may turn in no more than two refrigerators or freezers or
a combination of one refrigerator and freezer per dwelling unit. In exchange for each primary
and/or secondary refrigerator and freezer collected customers receive a rebate credit to their
utilities account.
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Comprehensive recycling for all refrigerators and freezers collected by the Program is an
essential component of the Program for Utilities customers. The Program needs to ensure the
legally compliant and safe handling and disposal of all hazardous and non-hazardous materials
and wastes while minimizing the amount of wastes disposed in landfills.
Utilities will be responsible for the scheduling of pick-ups, customer qualification, rebate
processing, and contractor payment. The contractor will be responsible for the temporary
storage of the units collected from customers, transportation of the units to the recycling facility
and comprehensive recycling as described below. Collection of the units from customer
premises is provided by a separate vendor under contract with Fort Collins Utilities.
B. PROGRAM GOALS
The Program goals are established based upon the available budget for the Program and
historical data from the previous four years of the program. Utilities expects to retain a
contractor for 2014, with up to four potential annual renewals.
Program Goals 2014 2015 2016
Units recycled 1000 1000 1000
Utilities does not guarantee Program unit volume. The information provided here on unit
volume is offered only for purposes of assisting bidders in preparing responses.
C. COLLABORATIVE RETAILER PROGRAM MODELS
Describe opportunities for Fort Collins Utilities to collaborate with appliance retailers in the
delivery of this program. Provide information about how the contractor may be able to assist
Utilities in the development of such collaborative efforts. The scope of services below includes
one section in which to provide alternative structure(s) for program delivery in order to improve
the customer experience, simplify program processes and reduce program administration costs.
D. SCOPE OF SERVICES
1. General
The recycling contractor will provide implementation for selected components of the
Program, including:
a. Appliance storage and transportation;
b. Appliance processing and materials recycling; and
c. Program tracking and reporting.
Any hazardous, toxic and non-hazardous wastes must be disposed of in accordance with
any and all laws and regulations pertaining to those materials. The City prefers bidders
have a documented and well-established environmental compliance management programs
and excellent compliance records. Another must have are proposals that minimize the need
to dispose of wastes in landfills. Materials that cannot be recycled must be disposed of in a
legal and an environmentally safe manner.
2. Appliance storage and transportation
The contractor will:
a. Store appliances after collection by sub-contractor (determined by Fort Collins
Utilities through a separate contract) in compliance with all federal, state and local
regulations; and
b. Transport appliances to the processing and recycling facility in compliance with all
federal, state and local regulations.
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3. Appliance processing and materials recycling
The contractor will:
a. Operate the recycling facility in compliance with all federal, state and local hazardous
and toxic waste management and recycling regulations, including but not limited to,
the federal Clean Air Act, Resource Conservation Recovery Act and Toxic
Substances and Control Act;
b. Recover and destroy all chlorofluorocarbon (CFC), hydro-chlorofluorocarbon
(HCFC), and non-CFC refrigerants in compliance with all applicable air quality
regulations;
c. Recover and destroy all CFC-11 blowing agents in the polyurethane foam insulation
of the refrigerators and freezers in compliance with all applicable air quality and
hazardous waste regulations;
d. Remove, label, and store, in compliance with all applicable regulations, all waste
materials requiring special handling, including but not limited to capacitors containing
polychlorinated biphenyls (PCBs), mercury-containing switches, used oils, and any
other hazardous materials prior to shipment to licensed facilities for disposal or
recycling;
e. Remove, recycle and or dispose of non-hazardous waste, including metals, glass,
plastics, motors and other materials;
f. Transport all associated wastes from the processing facility in compliance with all
federal, state and local laws and regulations; and
g. Maintain records of all recycling and disposal activities.
4. Program tracking and reporting
The contractor will:
a. Provide a tracking system that enables the unit collection contractor to code units
during collection and share the unit information with the recycling contractor.
b. Submit quarterly invoices with backup documentation to Utilities for payment;
c. Submit quarterly reports documenting services provided, including:
o Number of appliances received
o Number of appliances recycled;
o Make and model number of collected appliances;
o Unit description including types (e.g. refrigerator, freezer), capacity (in cubic
feet) and estimated vintage;
o Waste generation reports for all hazardous and non-hazardous wastes,
including without limitation, capacitors disposed of as containing PCBs,
mercury containing wastes, CFC-11, primary refrigerants, metal, glass and
plastic.
d. Submit reports annually summarizing Program activities and results, including data
from weekly invoices and the following:
o Estimated annual energy and peak demand savings resulting from the
Program;
o Estimated environmental benefits of the Program (pounds of
CFCs/HCFCs/HFCs, PCBs, mercury, oil and metals removed for disposal or
recycling); and
o Amount of waste materials recycled by type and amount of waste landfilled
by type.
e. Submit a “certificate of recycling” for all hazardous or toxic wastes not sent for
disposal.
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f. Submit a “certificate of disposal or destruction” for all hazardous or toxic waste not
recycled.
g. Submit notice of any regulatory violation or infraction to Utilities within 30 days of
occurrence by the bidder or the bidder’s subcontractors.
h. Submit executive summary of any environmental audit completed during the contract
period.
i. Submit executive summary of any environmental audits completed on the
subcontractors during the contract period.
j. Maintain and retain accurate records of all shipments of regulated materials,
including but not limited to all manifests for transportation of hazardous waste.
E. Schedule
Utilities has established the target schedule shown below for the RFP. Utilities reserves the
right to amend the target schedule at any time.
RFP Issuance: November 20, 2013
Final Deadline for questions: December 9, 2013
Proposal Due: December 17, 2013
Interviews (if necessary): January 2nd or 3rd, 2014 (Please include your availability for
these dates in your response).
Contract start date: mid-January 2014
III. 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. Provide a project plan with a detailed scope of work outlining
bidder’s proposed refrigerator/freezer storage, transportation and recycling plans for the
Program. Describe location of all facilities used to deliver the Program (i.e. storage,
recycling and disposal).
C. Project Team. Describe each team member’s or subcontractor’s roles and
responsibilities in delivering the proposed Program. Describe their training and
experience, including any environmental regulatory or compliance training. Relate their
qualifications and experience to the proposed Program by describing their participation
in appliance recycling programs during the last five years, especially ongoing utility
programs. For these programs, provide:
1. Name of client;
2. Approximate contract value of work performed for the client;
3. Contract duration;
4. Program overview, including the area(s) of responsibility, number of units
recycled, relative success of the program;
5. Benefits realized by the client as a result of the work performed;
6. Name, title, address, phone number of the client program manager and person
responsible for environmental compliance; and
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7. Locations where the services were provided.
D. Project Management and Reporting Plan. Describe how the Program will be
managed to ensure that customer participation and energy related objectives are met.
1. Provide samples of existing progress reports (quarterly and annual) and invoices;
2. Provide samples of forms used to document hazardous or toxic waste material
handling and disposal for utility;
3. Describe Program tracking tools.
E. Refrigerator and Freezer Recycling Services. Describe bidder’s expertise and
capabilities in operating and managing a recycling center. Include a complete
description of the de-manufacturing, waste management and recycling processes that
bidder will employ to provide refrigerator and freezer recycling services.
1. Describe the impact of fuel costs and materials values.
2. Describe the processes and procedures to be used to:
a. Remove and recover materials, including without limitation:
o Capacitors potentially containing PCBs;
o Refrigerants (CFCs, HCFCs, HFCs);
o Polyurethane foam insulation and CFC-11;
o Compressor oils;
o Mercury;
o Refrigerator shell;
o Motors and compressors;
o Metals, plastics, glass, other materials.
3. Recycle said materials, along with any impact those processes might have on the
environment.
4. Destroy all Refrigerants and CFC-11.
5. Dispose of said wastes, along with any impact those processes might have on
the environment. Describe the extent to which disposal processes involve
disposing of waste in landfills.
F. Environmental Compliance. Describe the procedures and processes to ensure
compliance with federal, state and local regulatory requirements.
1. Describe any notice of regulatory violations or infractions of bidder or sub-
contractors in the last three years. Describe corrective actions taken in response
to violations or infractions.
2. Submit copies of any and all current valid licenses and permits evidencing that all
facilities, equipment and personnel used for handling, storage, managing,
processing, recycling and disposal of hazardous or toxic substances and wastes
are trained and authorized in accordance with local, state and federal
regulations.
3. Submit copies of valid licenses and permits required for collection and
transportation of appliances.
4. Provide contact information for regulatory oversight of each facility.
5. Provide detail regarding your environmental compliance management programs
and excellent compliance records. Include samples of documentation and include
information about the length of time the company has been under an
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environmental compliance management program and personnel who are in
charge of the program.
G. Appliance Storage and Transportation. Provide a complete description of the
methods to be used to store and transport refrigerators and freezers including the type
and number of vehicles to be dedicated to the Program.
H. Collaborative Retailer Program Models
Describe opportunities for Fort Collins Utilities to collaborate with appliance retailers in
the delivery of this program. Provide information about how the contractor may be able
to assist Utilities in the development of such collaborative efforts. The scope of services
below includes one section in which to provide alternative structure(s) for program
delivery in order to improve the customer experience, simplify program processes and
reduce program administration costs.
I. Pricing. All proposed pricing should be based on a ‘per unit recycled’ basis. Bidders
pricing should include all costs associated with the Program, including without limitation:
buildings, labor, supervision, administration, materials, tools, trucks, fuel, insurance,
equipment, performance of all operations and incidentals and necessary licenses or
permits. Provide separate per unit pricing for the following items:
1. Cost Item 1. Storage and transportation charge. Quote a fixed price-per
refrigerator/freezer-recycled for the storage and transportation of all materials.
2. Cost Item 2. Appliance recycling and CFC-11 removal. Quote a fixed price per
refrigerator/freezer for removal, recycling of all materials including destruction of
CFC-11 from foam insulation, for units which contain such substance.
3. Cost Item 3. Exceptions. Describe any exceptions to the fixed costs in the
above cost items 1, 2 or 3.
IV. 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?
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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/Sustainab
ility
Is the firm interested and are they capable of doing
the work in the required time frame? What
sustainable practices does your firm have in place?
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? Document the firm’s environmental
compliance management programs and excellent
compliance records.
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
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contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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SAMPLE 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
Hydrochlorofluorocarbon 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.
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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.
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 four (4) additional one-year periods. Notice of the City’s decision to
renew shall be provided to Contractor not less than sixty (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,
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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
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.
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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.
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
$2,000,000.00 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 coverages included. Such insurance
shall provide coverage for total limits actually arranged by the contractor,
but not less than $1,000,000.00 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 coverages may be used to
supplement primary coverages to meet the required limits.
Evidence of such coverage shall provide for the following:
1) Include the City and its officers, agents, and employees as
additional insureds with the Named Insured for the activities and
operations under the contract.
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2) A description of the coverages included under the policy.
11.2.3 Commercial Automobile Liability Insurance
The Contractor shall provide Commercial Automobile Liability insurance
which shall include coverages 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
$2,000,000.00 combined single limit per occurrence and shall apply to all
operations of the Contractor.
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 insureds with the Contractor,
and shall insure against liability for death, bodily injury, or property
damage resulting from the performance of this Agreement.
11.3 Pollution Legal Liability
Pollution Legal Liability insurance with minimum limits of $3,000,000 per
occurrence shall be furnished by the Contractor from insurers acceptable to the
City and in a form acceptable to the City’s Risk Management Department, and
shall provide coverage for death, bodily injury, or property damage to third
parties, as well as for environmental remediation of sites damaged by pollution
resulting directly or indirectly form the Contractor's operations under this
Agreement. Such policy shall be maintained throughout the term of this
Agreement, and for not less than (3) years after the date of final acceptance and
completion of the work performed under this Agreement.
If the Contractor will subcontract out transportation, treatment, storage, and/or
disposal of Regulated Substances, Contractor shall identify to the City the name
of subcontractor(s), and require the subcontractor(s) to procure insurance, and
provide evidence of insurance, with all terms and conditions as specified above,
naming the City of Fort Collins, its officers, agents, and employees and the
Contractor, as additional insureds.
11.4 Professional Liability Insurance
The Contractor shall provide Professional Liability insurance covering liability
arising from errors and omissions made during the executing of this contract for
the total limits actually arranged by the contractor, but not less than
$3,000,000.00, per occurrence. The coverage shall include Contractual Liability,
and should the policy be of a claims-made form, such policy shall be maintained
for not less than three (3) years after the date of final acceptance of completion
of all work performed under this agreement.
11.5 Surety Bonds
The Contractor shall provide both a Performance Bond and Payment Bond in the
amount of $150,000 for each term of the contract. This amount may be adjusted
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each year to reflect the estimated contract amount based on the prior year
activity. If the City has any objection to the coverage afforded by or other
provisions of the bond required to be purchased and maintained by the
Contractor, owner will notify Contractor in writing within 15 days after delivery of
the bonds.
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
environmental or other regulatory compliance activities related to the performance of
services hereunder. The City shall have the right, upon reasonable notice, to audit
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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
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any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable ay other provision of this Agreement.
22.0 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the “e-Verify Program”) or the Department
Program (the “Department Program”), an employment verification program
established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm
the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform
work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants
while this Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Service Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does
not cease employing or contracting with the illegal alien; except that Service
Provider shall not terminate the contract with the subcontractor if during such
three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of
an investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Service Provider shall be liable
for actual and consequential damages to the City arising out of Service
Provider’s violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such
breach.
23.0 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
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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.
24.0 Red Flags Rules. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681.
Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs
with one or more of the City’s covered accounts and must as expeditiously as possible
notify the City in writing of significant breeches of security or Red Flags to the Utilities or
the Privacy Committee.
25.0 Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
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: ___________________________________
Gerry Paul
Director of Purchasing and Risk Management
Date: __________________________________
[Contractor Corporation Name]
By: ____________________________________
[Print Name]: ____________________________
Title: ___________________________________
[Corporate President or Vice President]
ATTEST:
________________________________
Corporate Secretary