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HomeMy WebLinkAboutRMB RECYCLING CENTER - CONTRACT - BID - 8511 SALE OF CITY SURPLUS SCRAP METALSSERVICES 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 ROCKY MOUNTAIN BATTERY SERVICE OF FORT COLLINS INC. doing business as RMB RECYCLING CENTER, 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 three (3) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence June 10, 2017, and shall continue in full force and effect until June 9, 2018, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: RMB Recycling Center Attn: Dean Hoag 1475 N. College Ave. Fort Collins, CO 80524 dean@rmbrecycling.com City of Fort Collins Attn: Steve Serna PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 Services Agreement 8511 Sale of City Surplus Scrap Metals Page 1 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The Service Provider shall pay the City for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit "C", consisting of three (3) pages, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work 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. 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 approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 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 Services Agreement 8511 Sale of City Surplus Scrap Metals Page 2 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 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. 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. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Services Agreement 8511 Sale of City Surplus Scrap Metals Page 3 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, 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: 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 Services Agreement 8511 Sale of City Surplus Scrap Metals Page 4 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 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. Services Agreement 8511 Sale of City Surplus Scrap Metals Page 5 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ROCKY MOUNTAIN BATTERY SERVICE OF FORT COLLINS INC. doing business as RMB RECYCLING CENTER By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Services Agreement 8511 Sale of City Surplus Scrap Metals Page 6 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 5/2/2017 Dean Hoag President 5/8/2017 EXHIBIT A SCOPE OF SERVICES GENERAL SPECIFICATIONS/REQUIREMENTS: 1. Actual weights available will vary; the City will contact the awarded vendor for pickups as needed. Scrap market prices in effect at the time of notification will prevail. 2. The awarded vendor must provide all labor and equipment necessary to remove all Scrap Metal from City facilities per the stated conditions and specifications. 3. The awarded vendor will be responsible for providing appropriate hauling vehicles of sufficient capacity to carry all loads safely and in accordance with applicable local, state and federal highway and transportation requirements. 4. The awarded vendor will be responsible for providing appropriate storage/pickup bins for the separate material categories at each participating City department location. 5. The awarded vendor will be responsible for loading all scrap metal from storage bins into an appropriate vehicle. The loading of Scrap Metals will be performed solely by the awarded vendor who will be responsible for determining load capacity and placement. 6. The awarded vendor will be responsible for any and all cleanup in and around storage bins. 7. All Scrap Metals are sold on an AS-IS, WHERE-IS basis. 8. Payments: All payments are to be paid by check made out to City of Fort Collins. NO CASH PAYMENTS ARE ACCEPTABLE. 9. Awarded vendor will issue individual checks for each department and reports bi-weekly (every two weeks) to the City. All checks for the Utilities Departments (Light & Power, Water Department, Water Meter Shop) are to be mailed together every two weeks to the Utilities Warehouse, 700 Wood Street, Fort Collins, CO 80521. All checks for all other City Departments are to be mailed together every two weeks to the Purchasing Department, PO Box 580, Fort Collins, CO 80522. 10. The bi-weekly report will be submitted electronically by the awarded vendor in MS Excel. The submittal will be to purchasing@fcgov.com ; with a copy to ebonnette@fcgov.com . 11. All Scrap Metals will be weighed on the awarded vendor’s Certified scale. Such weighing will be considered final in producing actual scrap weight values. The City requires proof of current Scale Certification with vendor’s bid submission; and again upon any annual contract renewals. 12. Scrap Metal removal operations must occur between the hours of 9 a.m. and 2 p.m. Monday through Friday, excluding City government holidays; unless City departmental contact requests pickup outside these hours. 13. Awarded vendor must remove Scrap Metals within two (2) business days after notification from City departmental representative for material pickup. Removal operations must be coordinated in advance with the City departmental representative (see List provided in this Bid Document). Rapid response is required for high volume- generating Departments. 14. The City reserves the right to perform periodic Site Audits and/or to verify load weights Services Agreement 8511 Sale of City Surplus Scrap Metals Page 7 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 with reasonable prior notification. In addition, the City will be verifying scrap market prices paid by awarded vendor to confirm compliance with the metals indexes stated in the Bid and contract. The City reserves the right to audit vendor scrap prices paid to the City with reasonable prior notice. 15. Special pickups may be required for large infrequent items such as metal utility poles and scrapped vehicles. These items may require large flatbed trucks, in lieu of bins. Also, City work crews may drop off loads of scrap metal direct from a job site to the awarded vendor’s business location. 16. All personnel, property and equipment liabilities associated with loading and removal operations will be the sole responsibility of the awarded vendor. 17. This Bid applies to any loads of scrap that become available while this award is valid. Other City departments may participate; but the departments listed below are the primary participants. Additionally, other affiliated local government agencies such as the Poudre Fire Authority and the Poudre River Public Library District may contact the awarded vendor to participate under the City’s awarded contract. 18. The awarded vendor shall provide a single point of contact to the City to handle any additional pickups or missed deliveries, and notify the City immediately if there is a contact change. The awarded vendor shall also provide a single point of contact to the City to handle any billing issues. 19. Below are listed the primary participating City Departments, their location, their Departmental Representative, Contact Number, and Bins Required: Department/Location Contact Bins Required Parks Shop, 413 S Bryan Ave Caitlin May 556-4349 cmay@fcgov.com Steel Streets Department, 625 Ninth Street Becky Sullivan 416-2091 bsullivan@fcgov.com Aluminum signs, miscellaneous scrap Aluminum, Steel Traffic Operations, 626 Linden Street Sandy Aragon, 221-6103 saragon@fcgov.com Aluminum, Steel (Traffic Poles) Utilities Warehouse/ Light & Power, 701 Wood Street Steve Serna, 221-6709; sserna@fcgov.com Dan Hofeling, 217-9494 dhofeling@fcgov.com Steel, #1 Copper, #1 Copper wire (insulated ), Aluminum wire (insulated), Aluminum (misc sheet) Services Agreement 8511 Sale of City Surplus Scrap Metals Page 8 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 Fleets Shop, 835 Wood Street Shane Armfield, 221-6290 sarmfield@fcgov.com Steel (misc auto/truck parts) Operations Services Warehouse, 518 N. Loomis Street Mariano (Joe) Cruz, 224-6014 mcruz@fcgov.com Steel Water Meter Shop, 700 Wood Street Rod Michael, 221-6759 rmichael@fcgov.com Brass, Copper/Brass Mix (Water Meters) Water Department, 700 Wood Street Steve Serna, 221-6709; sserna@fcgov.com Dan Hofeling, 217-9494 dhofeling@fcgov.com Ductile Iron Pipe & Fittings, Fire Hydrants, Steel 20. Other Duties As Assigned: In the course of this Services Agreement, Service Provider may be requested by the City to perform other related duties within their capability, such as: a. Wood pallet recycling b. Wood cable or wire reel or spool recycling Services Agreement 8511 Sale of City Surplus Scrap Metals Page 9 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and 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 shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $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. Services Agreement 8511 Sale of City Surplus Scrap Metals Page 10 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 Services Agreement 8511 Sale of City Surplus Scrap Metals Page 11 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 EXHIBIT C COMPENSATION Services Agreement 8511 Sale of City Surplus Scrap Metals Page 12 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 Services Agreement 8511 Sale of City Surplus Scrap Metals Page 13 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1 Services Agreement 8511 Sale of City Surplus Scrap Metals Page 14 of 14 DocuSign Envelope ID: 2081E79E-6D3B-4A4D-B7BB-17808E76DFE1