HomeMy WebLinkAbout534765 APPLIANCES RECYCLING CENTERS OF AMERICA INC - CONTRACT - RFP - 7576 RESIDENTIAL REFRIGERATOR/FREEZER RECYCLING SE (2)7576 Residential Refrigerator/freezer Recycling Services Page 1 of 15
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 Appliance Recycling Centers of America, Inc. 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 five (5) 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 fourteen (14) days following
execution of this Agreement. Unless sooner terminated as provided herein, this
Agreement shall terminate on March 31, 2015. 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 Professional on a time and reimbursable direct cost
basis according to the fee schedule attached as part of Exhibit A.
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:
Professional: City: Copy to:
ARCA, Inc.
Attn: Tiffany Olson
7400 Excelsior Blvd.
Minneapolis, MN 55426-4517
City of Fort Collins
Attn: John Phelan
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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.
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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
11.1 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
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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.
2) A description of the coverages included under the policy.
11.2.3 Commercial Automobile Liability Insurance
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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
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
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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.
Special provisions or conditions relating to the services to be performed pursuant to this
Agreement are set forth in Exhibit “B“ - Confidentiality, consisting of one (1) page,
attached hereto and incorporated herein by this reference.
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
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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.
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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.
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.
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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
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year written below.
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THE CITY OF FORT COLLINS, COLORADO
By: ___________________________________
Gerry Paul
Director of Purchasing and Risk Management
Date: __________________________________
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM
________________________________
Assistant City Attorney
APPLIANCE RECYCLING CENTERS OF AMERICA, INC.
By: ____________________________________
[Print Name]: ____________________________
Title: ___________________________________
[Corporate President or Vice President]
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Mark Eisenschenk
President, ARCA Recycling, Inc.
4/3/2014
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EXHIBIT A
Scope of Work for
Residential Refrigerator/Freezer Recycling Services
1. INTRODUCTION
The Residential Refrigerator/Freezer Recycling Program is part of a broad effort to reduce
electrical energy consumption and peak electrical demand in Fort Collins Utilities (Utilities)
service territory. For more information, the Energy Policy is available at
www.fcgov.com/utilities/what-we-do.
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 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.
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. The Program is
intended to be fully compliant with the U.S. Environmental Protection Agency (EPA)
Responsible Appliance Disposal (RAD) Program.
Utilities will be responsible for the scheduling of pick-ups, customer qualification, rebate
processing, and contractor payment. ARCA will be responsible for coordinating the temporary
storage of the units after collection from the home (provided by separate vendor) , transportation
of the units to the recycling facility, comprehensive recycling and program reporting.
3. PROGRAM GOALS
The Program goals are established based upon the available budget for the Program and
historical program performance. Utilities does not guarantee Program unit volume.
Program Goals 2014
Units recycled 1000
4. SCOPE OF SERVICES
General
ARCA will provide implementation for selected components of the Program, including:
➢ Appliance storage and transportation;
➢ Appliance processing and materials recycling; and
➢ Program tracking and reporting.
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Any hazardous, toxic and non-hazardous wastes must be disposed of in accordance with any
and all laws and regulations pertaining to those materials. Materials that cannot be recycled
must be disposed of in a legal and an environmentally safe manner.
Appliance storage and transportation
ARCA will:
➢ Coordination for temporary storage of appliances after collection (provided by
separate vendor under contract with Fort Collins Utilities) in compliance with all
federal, state and local regulations; and
➢ Transport appliances to the processing and recycling facility in compliance with
all federal, state and local regulations.
Appliance processing and materials recycling
ARCA will:
➢ 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;
➢ Recover and destroy all chlorofluorocarbon (CFC), hydro-chlorofluorocarbon
(HCFC), and non-CFC refrigerants in compliance with all applicable air quality
regulations;
➢ 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;
➢ 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;
➢ Remove, recycle and or dispose of non-hazardous waste, including metals,
glass, plastics, motors and other materials;
➢ Transport all associated wastes from the processing facility in compliance with all federal,
state and local laws and regulations; and
➢ Maintain records of all recycling and disposal activities.
Program tracking and reporting
ARCA also will work jointly with Fort Collins Utilities to operate ARCA’s web-tracking and
reporting system specific to the unique needs of the Fort Collins program. ARCA will set up
remote access through a program “dashboard”.
Fort Collins Utilities will provide ARCA the following information after each collection day:
• A unique service order number
• Customer information (name, address, account number)
• Type of appliance
• Date of collection
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ARCA will load this information into their tracking and reporting database system.
The capabilities of the tracking and reporting system shall include:
• Every appliance unit has a unique database record number that is tracked from time of unit
pickup through subsequent unit disassembly and materials disposal.
• The processing of specific appliance units is tracked comprehensively within the ARCA
recycling processing facility. When units are disassembled (and hazardous materials
harvested), appliances will be flagged as such, and unit-specific material quantities
subsequently will be tracked on an aggregated basis (e.g., the compressor oils associated
with refrigerator X will be reported as Y ounces, but the Y ounces will be grouped with oils
from other refrigerators for reporting purposes of hazmat materials subsequently
processed).
• Generation of reports:
o Progress/status reports (e.g., cumulative-to-date or from/to-based information
regarding various program activities and volumes/metrics). These metrics will focus
on 1) the number of units processed, 2) the gross annual kWh impacts, and 3)
program monies expended.
o Unit characteristics and materials reports (e.g., unit size, approximate vintage, and
location in home; weight of harvested hazardous materials; presence or absence of
mercury-containing devices, CFC-11 or HCFC-141b, and CFC-12).
o The ability for Fort Collins Utilities to obtain whatever time dimension it desires for
reports (e.g., information regarding a specific day, group of days, weeks, months,
quarters, years, etc.). Fort Collins Utilities should have the flexibility to obtain data in
various formats depending on the need, whether for reporting or analysis.
ARCA also will work jointly with Fort Collins Utilities regarding the development of as-needed
evolving program reporting needs for use with reporting to the Environmental Protection Agency
Responsible Appliance Disposal program and program implementation (e.g., in response to
evolving utility/regulatory requirements).
• Submit monthly invoices with backup documentation (number and type of appliances
received and recycled) to Utilities for payment.
• Submit reports annually summarizing Program activities and results, including data
from quarterly reports 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.
o A “certificate of recycling” for all hazardous or toxic wastes not sent for
disposal.
o A “certificate of disposal or destruction” for all hazardous or toxic waste not
recycled.
• Submit notice of any regulatory violation or infraction to Utilities within 30 days of
occurrence by the bidder or the bidder’s subcontractors.
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• Submit executive summary of any environmental audit completed during the contract
period.
• Submit executive summary of any environmental audits completed on the
subcontractors during the contract period.
• Maintain and retain accurate records of all shipments of regulated materials,
including but not limited to all manifests for transportation of hazardous waste.
5. Pricing
All pricing is based upon a per-unit recycled basis. Pricing includes all costs associated with
designing and implementing the program, including buildings, labor, supervision, administration,
materials, tools, trucks, equipment, performance of all operations, incidentals, and necessary
licenses or permits.
Pricing for Utilities is as follows:
1. Cost Item 1. Storage and transportation charge. Quote a fixed price-per
refrigerator/freezer- recycled for the storage and transportation of all
materials.........................................$15.00
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.......................................................$40.00
Price includes all aspects of program implementation; storage and transportation of appliance;
U.S. EPA RAD-compliant processing and recycling in compliance with all laws, including
removal and recycling or destruction of hazardous components and materials, recovery of
CFC/HCFC/HFC refrigerants, removal and incineration of polyurethane foam, recycling of
metals and other recyclable materials; programming, IT services and reporting; and program
accounting and auditing services as outlined in this proposal.
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EXHIBIT B
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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