HomeMy WebLinkAbout132133 EARTH ENTERPRISES DBA WASTE-NOT RECYCLING - CONTRACT - RFP - 7600 OPERATIONS & MANAGEMENT OF RECYCLING FACILITYServices Agreement
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SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Earth Enterprises, Inc. dba WASTE-NOT RECYCLING, a Colorado
Corporation, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of six (6) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence August 1, 2016, and shall continue in
full force and effect until July 31, 2017. This Agreement shall automatically renew for up to
four (4) additional one year periods, unless Service Provider is in default or pursuant to
Sections 4 (Early Termination), 5 (Compensation) or 19 (Appropriation).
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
4. Early Termination for Convenience by Either Party. Notwithstanding the time periods
contained herein, after the initial one (1) year term either party may terminate this
Agreement at any time without cause by providing written notice of termination to the other
party. Such notice shall be delivered at least six (6) months prior to the termination date
contained in said notice unless otherwise agreed in writing by the parties. All notices
provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Service Provider: City: Copy to:
Earth Enterprises, Inc.
dba Waste-Not Recycling Inc.
Attn: Anita Comer
1065 Poplar Street
Johnstown, CO 80534
City of Fort Collins
Attn: Susan Gordon
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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5. Contract Sum.
a. The City shall pay the Service Provider for the performance of this Contract, subject to
additions and deletions provided herein, as per the pricing schedule attached Exhibits
"B", consisting of one (1) page, and incorporated herein by this reference.
b. Pricing shall remain firm for the first year, except in the event of any price increases in
tipping fees from Service Provider’s subcontractors. In such event, the parties will
collaborate in good faith to identify and implement opportunities for cost efficiencies
and savings. Nevertheless, Service Provider shall endeavor to lock-in firm pricing with
all subcontractors.
c. After the initial year, the Service Provider may propose price changes on an annual
basis based on documented increases in costs and expenses. Such proposed price
changes shall not take effect until the parties mutually agree. Both parties agree to
negotiate such price changes in good faith. In the event the parties cannot mutually
agree to any price changes, either party may terminate the Agreement at no cost or
liability with ninety (90) days written notice.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Scope of Services without the prior written consent of the City, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
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9. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
10. Acceptance Not Waiver. The City's and/or Service Provider’s approval or acceptance of,
or payment for any of the services shall not be construed to operate as a waiver of any
rights or benefits provided to the parties under this Agreement or cause of action arising
out of performance of this Agreement.
11. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment provided by
Service Provider hereunder shall be of the most suitable grade of their respective
kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
12. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
13. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non-defaulting party for the non-defaulting party's reasonable
attorney fees and costs incurred because of the default.
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14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
15. Indemnity/Insurance.
a. Service Provider covenants that it will indemnify and hold the City harmless from all
claims, demands, judgements, costs and expenses, and legal fees including attorneys’
fees, claimed or recovered by any person by reason of injury to or death of any person
or persons, or by reason of damage to, destruction or loss of use of any property
caused by the negligence or willful misconduct of the Service Provider, its employees,
agents, or subcontractors.
b. The City shall be responsible for any and all claims, damages, liability and court
awards, including costs, expenses and attorney fees incurred as a result of any
negligence or willful misconduct of the City, its employees or agents, to the extent not
barred by the Colorado Governmental Immunity Act or other law.
c. The City and Service Provider shall take all necessary precautions in performing the
work hereunder to prevent injury to persons and property.
d. The City shall maintain Commercial General Liability and Automobile Liability of not
less than $1,000,000 combined single limits for bodily injury and property damage
during the Agreement term.
e. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit E, consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder, shall deliver
to the City's Director of Purchasing, P. O. Box 580, Fort Collins, Colorado 80522, one
copy of a certificate evidencing the insurance coverage required from an insurance
company acceptable to the City.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
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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.
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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.
19. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation
by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section
8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no
obligation to continue this Agreement in any fiscal year for which no such supporting
appropriation has been made.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "F" - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
21. No Waiver of Immunity. No terms or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act, C.R.S. §23-
10-101 et. seq., or under any other law.
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
Earth Enterprises Inc. dba Waste-Not Recycling
By:
Todd Loose, President
Date:
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6/27/2016
6/29/2016
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EXHIBIT A
SCOPE OF SERVICES
I. GENERAL INFORMATION:
The Service Provider will operate the City’s recycling facility for non-traditional materials
(NTM) located at 1809 South Timberline Road (the “Facility”). The Service Provider will
be responsibility for operating the NTM Facility, including but not limited to provision of
staffing, management of subcontractors, accurate accounting of receipts and expenses,
collection equipment and bins, brokering the sales and distribution of recyclables, as well
as transporting materials to market destinations. In exchange for providing these
services on City property, the Service Provider will be reimbursed for the site operating
costs pursuant to the terms of the Agreement.
The City will provide the property on which to operate the recycling center at no charge
to the Service Provider; pave access road and work surfaces; install fencing; landscape
and snow removal; provide communications to the public, including but not limited to
web-based information on the City’s website; and, regularly conduct publicity that
motivates individuals to patronize the Facility. As a partner with the City of Fort Collins
on this project, the Service Provider will be highly accountable and responsive to City
staff, and will be held to the City’s high standards for excellent customer relations, public
accessibility, and safety on the site.
II. OPERATIONAL REQUIREMENTS:
1. General Requirements:
The Service Provider shall operate the recycling Facility to interface with the
public, collect materials, prepare for shipment, and transport such materials to
the appropriate processing Facilities. The commodities to be managed by the
Service Provider and associated reimbursement pricing is attached as Exhibit B.
The Service Provider shall provide all labor, equipment, apparatus, tools, and
transportation as required for collection of the materials, proper containment,
transportation, and disposal in the appropriate regulated facilities as required by
Colorado law. The City of Fort Collins will provide five (5) tip carts to be used by
Service Provider. A detailed list of such equipment to be furnished by the
Service Provider is attached as Exhibit C.
All services performed under this contract will be to the highest industry
standards for services of this type, done by those normally engaged in this type
of business, and shall also be in compliance with all applicable codes and
regulations.
Service Provider shall comply with all City, State and Federal health,
environmental safety and fire ordinances for all work performed hereunder.
Service Provider acknowledges the goal of this Facility is to divert materials from
landfills by recycling and/or disposing of materials in a sustainable and
environmentally friendly manner. Service Provider warrants no materials
collected will be sent to a landfill for disposal. All commodities shall be recycled
by appropriately certified subcontractors.
Service Provider shall designate a single point of contact (SPOC) with whom the
City will work to handle all matters related to the contract. The contact person
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must hold a position that allows them to take appropriate action for immediate
problem resolution. The City shall designate a Contract Administrator who will
fulfill the same function on behalf of the City.
Service Provider will work collaboratively with the City to identify opportunities to
reach its recycling goals and to render cost efficiencies/savings to the City.
When Service Provider’s representative is not available (vacation/illness, out of
office, etc.), an alternate point of contact name, phone number, and email
address shall be provided to the City.
The City and Service Provider’s SPOC will meet on a regular basis as mutually
agreed to review the site operations. The parties will document the meetings
with minutes to include action items identified.
2. Hours of Operation:
The site shall be open to the public daily Tuesday through Saturday excluding
designated holidays identified below. The hours of operations will be:
a) April 1st through October 31st – 8 AM to 6 PM
b) November 1st through March 30th – 8 AM to 4:30 PM (Dark)
The site will be closed to the public on the following holidays:
a) Thanksgiving Day
b) Christmas Eve ½ day
c) Christmas Day
d) New Year’s Day
e) Independence Day
The Service Provider shall be responsible for opening and closing the Facility on-
time. At the end of each day, Service Provider shall ensure all sheds and gates are
locked.
3. Staffing:
The Service Provider shall staff the Facility with two (2) full-time employees. The
employees will work staggered shifts from April 1st through October 31st so the site
can be opened the requested ten (10) hours per day. The employees will be trained
and highly qualified for operating the Facility. Service Provider shall provide
supervision and management oversight as necessary to ensure effective and efficient
operation of the Facility.
Service Provider shall control the conduct and demeanor of its subcontractors and
employees. If the City so requests, Service Provider agrees to supply and require its
employees to wear suitable attire and to wear or carry badges or other suitable
means of identification, the form of which shall be subject to prior and continuing
approval of the City.
Upon receipt of written notice from the City of any reasonable objection from the City
concerning trustworthiness, fitness for provision of services under this Agreement,
competence or suitability of any individual, or concerning conduct, demeanor or
competence of any employee of the Service Provider, the Service Provider shall
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immediately take all lawful steps to remove or otherwise address to the City's
reasonable satisfaction the cause of the objection or to remove such individual from
the performance of any services provided hereunder.
The following constitute unacceptable personal conduct that the parties acknowledge
and agree shall be subject to reasonable objection by the City. The parties
acknowledge that other conduct not listed in this Section may be determined by the
City to be reasonably expected, and may also give rise to a reasonable objection by
the City to which Service Provider shall be expected to respond as set forth herein. In
the event that Service Provider, or any employee, or subcontractor of Service
Provider’s commits any of the following examples of unacceptable conduct, or fails or
refuses to take reasonable action to correct such conduct the City may give Service
Provider notice of violation and terminate the Agreement for cause.
a) Commission or conviction of a felony, or of any crime involving moral turpitude;
b) Theft or misuse of City money or property;
c) Harassment of, or discrimination against, any individual based on race, religion,
national origin, age, sex, sexual orientation or disability, and such harassment or
discrimination is not addressed to the City's reasonable satisfaction in a timely
manner;
d) Falsification, unauthorized use or destruction of City records, reports or other data
or information belonging to the City;
e) Abusive or threatening treatment of any person, including, but not limited to
physical or verbal confrontation;
f) Using, consuming, possessing, having in the body or distributing alcohol or
controlled substances during working time;
g) Smoking on facility location.
h) Destruction, loss or abuse of City property;
i) Unauthorized use of City equipment or property for personal use; or
j) Possessing or maintaining sexually explicit materials on City property.
k) Failure to meet the City’s performance expectations.
4. Operations:
a) No smoking – Smoking is not permitted at the Facility. The Service Provider shall
comply with any other requirements of applicable Fort Collins City ordinances and
Colorado state law regarding smoking and tobacco products.
b) No alcohol – Alcohol is not permitted at the Facility.
c) Daily Operations
1. Scheduling the hauling of the commodities for proper disposal must be
scheduled at appropriate frequencies to maximize container utilization and
to prevent containers from overflowing.
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2. Service Provider shall regularly clean up the Facility grounds of any trash,
recyclables and other materials to maintain a neat, organized and safe
operation.
3. The City shall have the right to visit and inspect the Facility at any time.
4. Service Provider shall perform in a manner that eliminates undue noise,
safety hazards or damage, and does not create unsanitary or unsightly
conditions at the pick-up sites or City facilities at large.
d) Fees Collected – Service Provider will collect from the public fees in accordance
with Exhibit B. Service Provider will accept major credit/debit cards and cash
(exact change preferred).
e) Traffic Control – The Service Provider will take reasonable steps necessary to
limit and/or mitigate overflow of traffic causing congestion
f) Safety
1. Service Provide shall ensure the safety of its staff and the public, and
agrees to make every effort to ensure optimum working conditions and to
implement safe work practices.
2. Service Provider shall correct all identified hazards.
3. Utilize Personal Protective Equipment (PPE) as appropriate.
4. Incidental removal of snow and ice
5. Regularly train staff to effectively respond to spills including the use of spill
kits and emergency contact directory.
6. Maintain Material Safety Data Sheets (MSDS) representative of the
materials used, stored and/or collected at the Facility.
5. Special Events
The City intends to conduct two (2) Collection Events for Household Hazardous
Waste (“HHW Events”) each calendar year at the Facility. The initial event at the
Facility is scheduled for September 10, 2016 from 9:00 a.m. to 3:00 p.m. The City will
be responsible for all aspects of the HHW Events and the City intends to contract with
a third-party to conduct the HHW Event. Service Provider shall have no obligations to
participate in such HHW Events. However, Service Provider shall grant the City
access to utilize the pay station office.
During the HHW Events, the gate fee will be waived and commodity drop-offs will be
limited to HHW materials.
At the City’s sole discretion, the number of HHW Events conducted at the Facility may
change. The City will provide Service Provider with reasonable notice prior to
scheduling such HHW Events at the Facility.
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6. Billing
a) Service Provider shall provide a single monthly billing statement to the City’s
Accounts Payable Department that itemizes all expenses and revenue in
accordance with Exhibit B including but not limited to:
1. Employee labor including employee name and hours worked
2. Tip Fee including number of tips by commodity, unit and extended costs
3. Haul Fee including number of hauls by commodity, unit and extended costs
4. Disposal of batteries
5. Disposal of E-Waste
6. Monthly overhead
7. Disposal of oil and antifreeze
8. Gate fee revenue
9. Scrap metal revenue
10. Disposal cost for unintended items left at the Facility.
b) All payments will be made by the City on a Net 30 days basis from the date of the
invoice.
c) All prices are to be firm fixed prices, inclusive of all applicable taxes, fees,
surcharges, etc. NO additional charges or fees (administrative, environmental,
fuel surcharges, etc.) will be allowed. After written notice, the Service Provider
may charge late fees up to 3% per month for any amounts that are over 60 days
delinquent.
b) Statements, Recordkeeping and Audits. Service Provider shall keep books, third-
party invoices and records of the business, including an accounting of all revenue
and expenses for the Facility in accordance with good accounting practice and
sound business practices.
7. Reporting Requirements:
In the event of an on-site injury to Service Provider’s staff or a member of the public,
the Service Provider shall provide the City with a brief written summary of the injury
within 24 business hours. The Service Provider shall investigate the root cause for
any such injury and in the event of Service Provider’s negligence provide
recommendations to prevent similar incidents..
In the event of an on-site vehicle accident with injuries the Service Provider shall call
911 for police and medical response.
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The City requires accurate measurements of materials collected to be reported on a
monthly basis including:
a) Number of customers per day/day of the week
b) Gate fees collected per day/day of the week
c) Number of hauls by commodity type
d) Tons of materials collected by commodity type
e) Yards of materials collected by commodity type
f) Revenue from commodity sales by commodity type
g) Tip fee by commodity type
h) Customer satisfaction feedback
The monthly report will be submitted in a mutually agreed upon electronic form, such
as Excel, no later than the fifteenth (15th) of the month (for the preceding month’s
data) to the City’s designated representative. The report shall include the underlying
calculations for the conversion factor from yards to tons.
On a quarterly basis, the Service Provider will provide a summary report that lists the
specific market destination for all electronics. This quarterly report will also
document any other commodities sent to a destination other than those
subcontractors listed in Exhibit B.
At least twice annually, as mutually agreed, the parties will weigh actual loads for
each commodity type to verify the accuracy of the conversion factors utilized.
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EXHIBIT B
COMPENSATION
Compensation Summary
Expenses Billed Monthly To City
Staffing: $3,850 per employee/month or $24/hour
Overhead: $3,800 per month
Haul: $135/load
Tip Grass/Leaves/Garden/Yard Waste: $142.50/load
Tip Branches: $195.00/load
Tip Scrap Wood: $172.50/load
Oil/Antifreeze: $100/month (estimate subject to change by mutual agreement)
Batteries: In accordance with Veolia agreement pricing
Paint: No charge
Electronics: Service Provider to pass-through cost public
* Pricing subject to change in accordance with the Agreement, Section 5, Compensation.
Revenue to be Credited Monthly to City
Gate Fee: $5.00 per vehicle
Scrap Metal: 40% current market price
Commodity Description Subcontractor Container Tip/Yard Tip/Load Haul/Load Comments
Grass/Leaves/Garden/Yard Waste Hagemans Earth Cycle 30 Yard Roll-Off $4.75 $142.50 $135.00 $4.75/Yard - 30 Yard Minimum. Must be segregated
Branches Hagemans Earth Cycle 30 Yard Roll-Off $6.50 $195.00 $135.00 $6.50/Yard - 30 Yard Minimum. Any diameter branch. Must be segregated
Scrap Wood Hagemans Earth Cycle 30 Yard Roll-Off $5.75 $172.50 $135.00 $5.75/Yard - 30 Yard Minimum. Must be segregated
Aggregate/Ceramic City of Fort Collins 10 Yard Roll-Off $0 $0 $135.00 Waste-Not to utilize City's Hoffman Mill site
Metal (including appliances) Colorado Iron & Metal 30 Yard Roll-Off $0 $0 $135.00 City and Waste-Not to share revenue 60% Waste-Not / 40% City
Electronics 30 Yard Roll-Off $0 Posted Price. Cost will be 100% pass through to customer with no cost to City
Paint Paint Care Monthly pickup $0 No Charge to Customer or the City
Oil/Antifreeze Tri-State Monthly pickup $100 Estimate $100 per pick-up and one pick-up per month.Monthly rate subject to change.
Batteries Veolia Monthly pickup $0 City will reimburse Waste-Not per Veolia contract pricing with no mark-up.Waste-Not will sort batteries
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EXHIBIT C
EQUIPMENT LIST
The Service Provider shall provide and maintain the following equipment, materials and tools.
The cost of these items will be paid for by the Service Provider in consideration of the monthly
overhead expense paid by the City.
1. 30 yard container for grass/leaves/garden/yard waste
2. 30 yard container for branches
3. 30 yard container for scrap wood
4. 10 yard container for aggregate/ceramics
5. 30 yard container for metal & appliances
6. Closed trailer for electronics
7. Forklift and other material handling equipment as required
8. Small equipment such as polycarts, maggies, cages, etc. as required
9. Pallets and gaylords as required
10. Portable restroom
11. Credit card point of sale device(s)
12. Pricing signage for electronics & batteries
13. Cash box and change
14. Administrative supplies
15. Cell phones
16. All required tools
The City will provide and maintain the following facilities, equipment and materials:
1. Recycling Facility segregated by fencing from the “Rivendell” recycling site
2. Pay station office
3. Equipment shed
4. Three-sided shed for paint, batteries, oil, and antifreeze
5. Site signage
6. Utilities including electrical power and lighting
7. Five (5) tip carts
8. Incidental trash (access to City’s locked trash for limited incidental trash)
9. Snow removal
10. Landscaping and maintenance
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Services Agreement
7600 Operations and Management of Recycling Facility Page 15 of 16
EXHIBIT D
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not be cancelled, except after
thirty (30) days written notice has been received by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages provided by the Service Provider shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
be caused by Service Provider’s negligence or willful misconduct arise from the
performance of work under this Agreement. Coverage for property damage shall
be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $1,000,000 combined
single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
C. Legal Liability insurance with minimum limits of $1,000,000 combined single limits
for death, bodily injury, or property damage to third parties, as well as for Pollution
Liability Insurance in the amount of $250,000 for environmental remediation of
sites damaged by pollution resulting directly or indirectly from the Service
Provider’s operations under this Agreement. Such policy shall be maintained
throughout the term of this Services Agreement.
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Services Agreement
7600 Operations and Management of Recycling Facility Page 16 of 16
EXHIBIT E
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider
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 Service
Provider 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 Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’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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