HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/21/2009 - RESOLUTION 2009-075 ADOPTING PILOT TRASH AND RECYC ITEM NUMBER: 24
AGENDA ITEM SUMMARY DATE: July 21, 2009 -
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Ann Turnquist
Susie Gordon
SUBJECT
Resolution 2009-075 Adopting Pilot Trash and Recycling Services District Boundaries and
Directing the City Manager to Request Proposals for Trash and Recycling Collection Services
Within Said District.
RECOMMENDATION
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT
If the Resolution is adopted,the City will have one-time startup costs (approximately$25,000)for
implementing the billing system through the Utility Billing system. These costs will be incurred in
2009,prior to the start-up of the district billing and are expected to be paid with 2009 General Fund
monies.
On an ongoing basis throughout the length of the 5-year contract, the program would be self-
sustaining through user fees, including the monthly hauler charge and administrative charges.
Administrative costs are projected to average as follows:
On-going City costs: $1.00 per month/per account for billing
$ .25 per month/per account for contract administration
Based on a population of 6,500 residential accounts in the pilot area, total annual costs of$97,500
include: $78,000 per year billing,
$19,500 per year contract administration
EXECUTIVE SUMMARY
This Resolution directs staff to implement a proposed Trash Services Pilot District and outlines a
number of key components of the District. If the resolution is adopted by Council, staff will take
the following steps to implement the Trash Services Pilot District:
• Issue the State required 6-month notice to haulers of the City's intent to provide service in
the designated area;
July 21, 2009 -2- Item No. 24
• Issue a Request for Proposals for haulers to submit proposals to provide the service in the
district;
• Interview qualified proposers, select a provider, and negotiate a contract;
Seek Council approval of the Trash Services Fee for customers within the District(includes
hauling charges and administrative costs);
• Notify residents of the change; and
• Implement service in Pilot Trash District in the 1 st Quarter, 2010
Staff proposes that the District include the area bounded by College Avenue on the east, Prospect
Road on the south, City limits on the west, and the Poudre River on the North. This area is
specifically described in Resolution 2009-075.
BACKGROUND
The proposed pilot program is an outgrowth of comprehensive analyses and discussion by the City
Council about how to bring greater levels of waste reduction and greater efficiency to the
community's trash collection system. A pilot trash and recycling services district is targeted at
addressing the original problem statement in the 2008 Trash Services Study:
"In what ways can the City reduce the impacts of trash collection services in Fort
Collins, addressing issues of the cost of street wear, air quality, neighborhood
aesthetics, noise, and other neighborhood impacts? Are there ways that the City
might also improve diversion rates for recyclables?"
Issues related to trash collection, recycling and the impact of a large number of trash vehicles on
neighborhood streets have been reviewed by the City Council a number of times over the past 20
years. In 1995, concerns about adverse impacts of trash trucks in neighborhoods led to a Council
resolution and goals to reduce the number of trucks and strive for greater consolidation of residential
trash services. The City conducted a study regarding trash districting in 1998, and in 1999, City
Council established a goal to divert 50%of the community's waste stream from landfill disposal by
2010. Staff has recently analyzed 2008 data regarding recycling rates and landfill statistics. Staff
calculates the community's overall recycling rate at 33%. This increase over the past few years is
attributed to several factors, including the addition of single stream recycling, additional materials
included in the community's recycling programs (cardboard, paperboard and plastics 1-7) and
reduced landfill rates because of the slowing economy(a 20%drop in volumes at landfills in recent
months.) The curbside recycling rate has grown from 13% in 2006 to 20%. A brief report on
current recycling rates is included as Attachment I.. -
In directing staff to undertake the 2008 Trash Services Study, Council set forth goals to improve
the community's diversion rate and reduce the impact of trash trucks on residential streets. Council
also expressed specific interest in improving the"Pay-as-you-throw"(PAYT)solid waste ordinance.
These goals are consistent with key goals of the 2008 Climate Action Plan approved by City
Council in December 2008. They are also consistent with several of the goals in the draft 2006
Strategic Plan for Solid Waste Diversion reviewed by City Council.
July 21, 2009 -3- Item No. 24
On May 5, 2009, City Council adopted several modifications to the City Code regarding trash and
recycling services as developed from the Trash Services Study, that focus on requiring haulers to
take actions that will improve recycling diversion rates and improve the pricing incentives of the
Pay-as-you-throw Ordinance. These new initiatives become effective starting September 1, 2009.
At the May 5 meeting,Council also adopted Resolution 2009-046, directing staff to develop one or
more pilot trash districts in a portion of the community. In the designated area, the pilot would
change the market for trash services from a purely open competitive market for residential trash
services to a mix of City-contracted service and open competitive service. Council directed staff
to develop a specific proposal for one or more pilot districts, and to more specifically outline the
steps necessary to move forward to implement the pilot district. These items are included in this
Resolution and attachments to this Agenda Item.
PILOT TRASH SERVICES DISTRICT PROPOSAL
Staff has developed a draft implementation plan for a Pilot Trash District. This option was raised
at the December 9, 2008 work session as Council was discussing the Market Option of creating a
city-wide trash services contract, or trash districting system. Council suggested considering a pilot
trash district in a portion of the community, rather than implementing the strategy city-wide.
Districting Process
The City can elect to develop a trash and recycling district for a specific geographic area, award a
single contract for trash services within that area,and charge a City fee to single-family residences,
according to State statute. The City would offer private trash haulers the opportunity to compete
to provide trash and recycling services within the area, with fees billed by the City on its monthly
Utility bill.
A key component of a pilot trash district project would be to carefully analyze and document the
effectiveness of the program. Staff would conduct a pre- and post-project data collection project
to measure the effectiveness of the program in achieving waste stream reduction goals and in
reducing the impacts of trash vehicles upon streets and other aesthetic issues in the district.
If the Council chooses to adopt the Resolution, State statute requires a 6-month notice period to the
existing trash haulers before the City could begin contracting for trash service; the haulers then
would have 30 days following the notice to respond and let the City know if they are interested in
participating in the process.
During this 6-month period,the City would issue a Request for Proposals (RFP), select a provider,
negotiate a contract and work though implementation issues. Six months after the notice, the City
would issue a trash/recycling contract for service to all residential customers in the pilot program
area (single family dwellings and multi-family dwellings of 3 residences or fewer). A tentative
schedule for implementation of the pilot district, should Council vote to proceed with the project,
is included as Attachment 2.
A draft Request for Proposals is included for City Council's review and discussion. (See
Attachment 3.) If the Resolution is approved, final terms of the RFP will be completed and issued
July 21, 2009 -4- Item No. 24
by approximately September 1, 2009. Staff expects to allow approximately six weeks for haulers
to develop and submit proposals for the contract.
The selection process would include review of the proposals, selection of qualified vendors for
interview, rating of the proposals and negotiation with the top candidate. Criteria for evaluation of
the offers would include several factors, including:
• Price to customers;
• Ability to meet high standards for delivery of trash and recycling services, compliance with
local requirements and customer service;
• Ability to meet additional conditions outlined in the Request for Proposals, e.g., work in
coordination with the City to provide recycling education within the district; and
• Other innovations proposed by the hauler which would reduce solid waste and increase
diversion, e.g., curbside yard-waste recycling, special recycling events, market-based
initiatives such as Recycle Bank, or other incentive based programs.
Though price to customers would be a major factor in the winning proposal, the other qualitative
factors would also be an integral part of the purchasing process to determine the best qualified
proposal.
Upon selection of the top ranked proposal,staff would return to the City Council in the 4th Quarter,
2009 with a resolution to authorize the application of a fee for service to residents within the district.
The Trash Service Fee is the fundamental tool for implementing the Pilot Trash District. It is a fee
for the City providing trash service to residences and is composed of the cost for the subscription
level of trash service(per the rates quoted by the successful contractor)plus the administrative costs
for billing and contract administration.
The final component of the implementation would be notification to residents in the district
regarding the change in service. Staff anticipates written notification would be made via direct mail,
utility bills and public meetings to provide information to affected residents.
Proposed District
The pilot area boundaries would be set by clearly identifiable landmarks. Staff has tentatively
identified a pilot area north of Prospect Road, south of the Poudre River, east of Overland Trail
Road, and west of College Avenue. (See Attachment 4.) This area includes approximately 6,500
dwelling units which would be served by the pilot district contractor. Commercial properties and
multi-family units of greater than 3 dwellings would be excluded from the contracted service per
state law. Criteria used by staff in tentatively selecting this area included the clear boundaries,
relatively few commercial properties within the area except those along the boundaries of College
Avenue and Prospect Road and a limited number of Homeowners Associations(HOAs)which might
have existing trash service contracts.
July 21, 2009 -5- Item No. 24
Contract Terms
Terms of the contract for service could include (but are not limited to) provisions such as:
a. The contract would be for a term of 5 years.
b. The hauler would be asked to provide subscription service rates for all single family
residences and multi-family dwelling up to 3 units in the proposed district, with the
exception of Homeowner's Associations with existing contracts, if they include all
residences in the HOA.
C. The successful hauler would be required to fully comply with the City Code
regarding trash and recycling.
d. The hauler would be asked to quote a price to provide curbside yard waste recycling
service (at an additional cost)to customers upon request.
C. The hauler would be asked to quote a price and a proposed process for implementing
a bag or tag system for overages, including a proposed method for distributing the
bags/tags to district customers.
f. The hauler would provide specific recycling education information to customers who
fail to properly prepare or set out recyclable materials (e.g., friendly cart hanger
notices for a customer who places non-recyclable materials into the recycling
_ container, or places recyclable materials in the trash container).
g. The hauler would ensure that all collection vehicles are in clean and safe operating
condition, meet DOT standards, and be operated according to manufacturers
specifications for loading (e.g., use of tag axles.)
h. The contract for service would include performance standards for the hauler,
addressing such issues as customer service, missed pick-ups, etc.
i. Signage and/or outreach materials would be used by the hauler to encourage
recycling and motivate customers to participate in waste reduction activities.
Issues Analysis
In developing the general parameters of a Trash and Recycling Services Pilot District, staff has
explored a number of issues.
• Contract for Pilot Trash District would be for a term of 5 years.
Analysis: A successful contractor for the trash district may need to acquire additional
equipment to serve the pilot district, including trash and recycling vehicles, toters or poly-
carts for trash and recycling, and other business equipment. In order to give a high quality,
low price for the service, they would need to be able to amortize their equipment purchases
over a reasonable period of time, such as 5 years. Such a long-term contract would also
make it more difficult for one company to provide an artificially low proposal to secure the
contract in order to drive out other competitors for the future.
• The Pilot District would include 6,500 households.
Analysis: The tentative pilot district identified by staff includes approximately 6,500
accounts. The pilot district would be of a large enough size to attract quality bids. This size
district could be bid on by a company with approximately 3-4 trucks. The boundaries of the
i
July 21, 2009 -6- Item No. 24
district should be clearly defined by major streets so that as Council districts,census districts
or other boundaries change, the pilot trash hauling district would remain well defined.
• Establish a Pilot District with a variety of housing types.
Analysis: The geography and demographics of the district needs to be factored into how a
hauler would price its proposal. For instance,it is possible that a district that contains many
older homes with alleys would be more time-consuming, and therefore expensive,to serve
than an area of newer development with curbside service on uniform streets. If an area with
a great deal of alley service is included,prices could be higher than if it featured more HOAs
or new development.
• Data Collection and Analysis.
Analysis: A key component of a pilot trash district project would be to carefully analyze
and document the effectiveness of the program. Staff would collect pre- and post-project
data to measure the effectiveness of the program in achieving waste stream reduction goals
and in reducing the impacts of trash vehicles upon streets and other aesthetics in the district.
Staff would develop a data plan for the project and implement plans to do data collection
such as a trash and recycling set-out survey. The set-out survey would be a field study(both
within and outside the proposed district) to gather data about the volumes of trash and
recycling which are set out by randomly selected households during a representative week.
By weighing and measuring actual materials set out for collection on trash day, detailed
information can be gathered about customer behaviors before and during the pilot project.
The number of different haulers within the district would also be documented before and
after the district is established.
• Billing and Customer Service.
Analysis: The City would be contracting for trash service within the district and would
provide customer billing for the fees; the additional new costs for billing service and other
administrative costs would be covered by a specific additional charge in customers' trash
bills. All eligible residences within the district would be billed for at least the minimum
level of service. Without this automatic billing for all customers, some customers may be
able to choose not to participate in the pilot and continue with their existing hauler or choose
to self-haul. This would defeat the goals of reducing truck traffic and undermine the pilot
district's effectiveness. The City proposes that customer service for changes in accounts
such as start-up for new accounts or discontinuation of services would be handled by City
customer billing staff. The contracted hauler would provide first-line response to other
customer service issues such as cart delivery/maintenance, missed collection or other
performance issues.
As billing issues are addressed, the final Request for Proposals may need to be adjusted to
address the inclusion of multi-family units within the district. Currently,some multi-family
units receive one utility bill for all units, while others receive separate bills for each unit.
In addition,some multi-family units utilize communal collection(Dumpsters)for their trash
service. Depending on the final analysis of the accounts included in district, additional
July 21, 2009 -7- Item No. 24
language describing the residences which will receive service may need to be added to the
RFP that is issued.
• The City's implementation costs would be covered within the charges on customer bills.
Analysis: The City would incur new costs for both administering the contract and billing
for a trash service fee. The City would need to include an administrative charge on each
account to cover these costs. Once the City agrees on a price per account, it would
determine the rate for the City's fees,including overhead charges so that the monthly charge
reflects the total true cost of service.
Based on the experience of other communities implementing trash contracts, hauler
proposals should be lower than prices offered in other portions of the community because
the hauler won't have to cover billing costs and because of the efficiencies to be gained by
having a consolidated district where every residence is served by the same hauler. The City
would collect fees to cover its expenses for the program so that the program is self-
sustaining.
If the Resolution is adopted, a contract executed and the service fee established, the City
would have some one-time startup costs for implementing the billing system through the
Utility Billing system. One-time billing start-up costs are projected to be $25,000. These
costs would be incurred prior to the start-up of the district billing in 2009 and would likely
be paid through current year general fund monies.
On an ongoing basis the program would be self-sustaining through user fees, including the
monthly hauler charge to customers based on the service level they choose and additional
administrative fees. Administrative fees .which would be used by the City for its
administration are projected to average as follows:
On-going City costs: $1.00 per month/per account for billing
$ .25 per month/per account for contract administration
Based on a population of 6,500 residential accounts in the pilot area, total annual costs of
$97,500 include:
$78,000 per year billing
$19,500 per year contract administration
Billing fees would pay for on-going customer service for start-ups, changes, stop-service,
collections,and billing computer system maintenance. In addition to the billing costs,other
overhead cost would be recovered through the trash services fee for contract administration
costs. These fees would pay for a portion of a staff member's time in the Natural Resources'
Department to administer the contract, review performance data, work with the hauler to
conduct recycling education programs in the district,and measure the success of the program
in meeting the Council's goals. The estimated total administrative fee would average$1.25
per account per month.
July 21, 2009 -8- Item No. 24
Pilot Districted Trash Service
Financial Benefits: Costs:
• Potential savings to City for street 0 City implementation costs = $25,000 for
maintenance = $40,000-50,000 retooling the Utility Billing system
• Potential savings to some of the 0 Ongoing City administrative costs=
District's residents= lower monthly rates $25,500 annually, not including City
with increased efficiency of system billing costs
(based on experience of other
communities)
Achieves: Shortcomings:
• Reduced Truck Traffic 0 Customer concern re: loss of choice
o Trash truck related street damage
would be reduced in a portion of the Fear of cost increases causes concern for
community - $40,000-50,000 per some residents. Actual cost of service
year savings in street maintenance under revised system would be unknown
(could be more because we don't until offers are solicited (though offers
know how many trash vehicles are need not be accepted if offers represent
over legal weight limits) significant cost increase)
a 40+tons in reduced CO2 emissions
o Less fuel consumed by haulers
• Improved neighborhood aesthetics within Current haulers will be concerned that
pilot district with fewer days of trash new haulers to community would be able
cans on streets, uniform containers and to compete for business in pilot district
less noise
• Opportunity to gain experience before Some haulers will lose business. These
implementing change to entire haulers may include locally owned,
community, if successful established businesses
• Increased safety within pilot district with Significant involvement in privately
fewer trucks in neighborhoods provided service is considered negative
by some
• More readily available tools for increased Customers would be required to pay a
diversion - as terms of the contract, City City service fee, including those
could require successful hauler to: customers who might choose to continue
o Provide greater levels of education using their existing hauler's services
about recycling to customers in the regardless of City contract within the
pilot district pilot district
• Offer yard waste at additional
charge with a set formula approved Self-haulers would not be able to avoid
by the City fee and opt out of the service
o Build in requirement for audit/data
monitoring and analysis
July 21, 2009 -9- Item No. 24
Achieves: Shortcomings:
• Greater leverage to guarantee no Haulers concerned that a large, national
overweight vehicles if include company may make an artificially low
contractual requirement for random initial offer to receive the contracts, then
weighing of trash trucks increase prices in future years when local
businesses are no longer able to compete
• Smaller area impacted than with city- 0 Some believe that a contracted hauler
wide districting system would provide lower level of
service because of lack of day-to-day
competition
• Reduced overall cost with greater system Some believe that prices for service
efficiency due to economies of scale would go up under this model
o Other communities pay less after
contract for service established a Selection of an older neighborhood/area
o Some in HOAs already enjoy these for the pilot project may bias the results
rates - others could benefit too, of the pilot toward higher than average
creating more "social equity" costs to provide service, (e.g., more alley
o Increased operational efficiency for service) compared to newer areas of
hauler selected development
o Competition preserved when
bidding on contract
• Could choose an area where few HOAs 0 Some or all of the current haulers will
exist or a mix of housing types exists not be awarded the district. This could
significantly impact them.
• Could be a demonstration of improved • . Administrative costs for administrative
efficiency and lower rates for the rest of staff, program oversight and auditing
the community
• City administrative costs would be 5-year commitment required by contract
completely covered by user fees; this would lead to changes in assignments for
overhead may not be much different from City staff to work on billing and
private subscription costs of billing and administration
administration normally built into cost of
services.
• Self-hauling may be reduced, which If price to customers is lower than open
helps improve safety and reduce costs at market, non-districted residents may
Larimer County landfill. object to not being included. If price to
pilot district customers is higher than
open market, City could choose not to
proceed with contract.
July 21, 2009 -10- Item No. 24
Achieves: Shortcomings:
• Current economic conditions may make
it difficult for haulers to secure financing
to make the required investment in new
equipment, including additional vehicles
• If current trash rates have been held
down because of uncertainty of the local
market, the pilot project could cause non-
districted accounts to see a price
increase. (Such anincrease could occur
with any final resolution concerning
districting, a decision that has now been
pending for two years)
ATTACHMENTS
1. Recycling Data Update, July 13, 2009
2. Preliminary Schedule as of July 15, 2009
3. Request for Proposals, Municipal Trash and Recyclables Collection, Draft, July 15, 2009
4. Proposed Trash Districting GIS map and "legend" definitions
Attachment 1
Report for the Fort Collins Community: 2008 Solid Waste Data
July 14, 2009
City staff has recently completed data analysis regarding the community's Solid Waste Diversion
rates for 2008. This calculation is based upon data from Fort Collins trash haulers, Larimer
County Landfill, local business partners in the Climate Wise program, and various recycling
enterprises. The data demonstrate both a reduction in overall waste and an increase in recycling
rates.
In 2008, the combined waste generated in Fort Collins totaled 257,020 tons. This represents:
• 10% overall reduction since 2006
• 11% reduction since 2004
2008 Diversion Rate
Using standard calculations, the City's simple diversion rate for 2008 was 27%. ,The City's
consulting firm (and nationally recognized expert on community recycling measurements),
Skumatz Economic Research Associates, suggests that another 6% of waste diversion may be
attributed to waste reduction efforts that occur in the community due to the local Pay-as-you-
throw trash rates structure. Although these tons of avoided waste are "invisible", they should not
be ignored. By adding 6%, a calculated diversion rate for the community is 33% for 2008.
Other Notes
During 2007 and 2008, several significant changes influenced trash and recycling in Fort Collins.
The range of materials accepted in the local curbside recycling program was expanded to include
cardboard and paperboard (2007) and most types of plastic containers labeled #1 - #7 (2008).
Additionally, local trash haulers switched to collecting recyclables in a single stream of
materials, a system that is well documented to increase convenience for citizens, and therefore
participation in recycling.
During late 2008 and 2009, the economic recession led to a downturn in the amount of waste
construction debris that is normally generated in Fort Collins from new development, as well as
other types of trash. This drop in trash volumes, documented as a 20% reduction at the Larimer
County landfill compared to the previous year, is being experienced at landfills throughout the
country.
2008 Data Summary
1. 187,510 tons (73%) were landfilledt. This represents:
- 17% reduction since 2006
- 19%reduction since 2004
1 Trash haulers must report their landfill tons to the City regardless of which facility they use;
Larimer County landfill, or private landfills in Ault and in Erie, are all used by Fort Collins
haulers.
72% of landfill tons were attributed to commercial sector, 28% to residential
waste from residential sources landfilled= 52,158 tons (a 14% decrease since 2006)
waste from commercial sources landfilled = 135,352 tons (18% decrease since 2006)
2. 69,510 tons (27%) were recycled 3. This represents:
- an increase of 15% since 2006
- an increase of 20% since 2004
- 72% of community recycling activity occurred in commercial sector; 28% in
residential sector
- residential recycling= 19,644 tons (an 25% increase since 2006)
- commercial recycling = 49,866 tons (a 12% increase since 2006)
z Solid waste and recycling figures do not include asphalt and concrete, according to the EPA's
standard measuring protocol for recycling. (At the City's Asphalt Recovery plant, 158,500 tons
were recycled in 2008.)
3 Broken out by material, the dominant recyclables included cardboard (10% of recyclables),
single-stream (19%), scrap metal (34%) and yard waste (22%).
Attachment 2
Preliminary Schedule as of July 15, 2009
6 Months Notice to Haulers if Pilot proceeds
Pilot Resolution to 6 Months
Resolution to provide Notice to Proposals Evaluate Council formally End of 6 District Start-
District Develop Pilot further Haulers if Issue RFP Due Proposals , establishes Month up
Project District direction on Pilot Interview; Trash Fee by Notice
Proposal Pilot District proceeds Select Hauler Ordinance Period
• •
•
First Second PAYT Poly-Cart Regs .
Reading Reading Regs . Effective Date
Code Effective
Changes Date
ATTACHMENT 3
Cityo l Financial Services
���� ®��1115 Purchasing Division
215 N.Mason St.2 Floor
PO Box 580
Fort Collins,CO 80522
970.221.6775
Pur haSing 970221.6707
fcgov.com/purchasing
&-j
REQUEST FOR PROPOSAL
Residential Trash and Recyclables Collection
The City of Fort Collins (City) is soliciting proposals from qualified contractors for single-family
residential trash and recyclable materials (i.e., refuse) collection services in a specifically
defined geographic district (District), as a pilot trash collection program.
.Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock+), Proposal No. 7052. If delivered, they are to be sent to 215 North
Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 58.0,
Fort Collins, 80522-0580.
A pre-proposal meeting has been scheduled for , 2009, am at
Questions concerning the scope of the project should be directed to Project Manager Susan
Gordon (970) 221-6265.
Questions regarding proposals submittal or process should be directed to Ed Bonnette, CPPB,
C.P.M. Buyer (970) 416-2247.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
rev 01/08
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
where renewal is a way of life
DRAFT
DRAFT
Request for Proposals
Municipal Trash and Recyclables Collection
City of Fort Collins, Colorado
July 15, 2009
1. Introduction
The City of Fort Collins (City) is soliciting proposals from qualifiedfcontractors for residential
trash and recyclable materials collection services in a specifically defined geographic district
(District), as a pilot trash collection program. The services,specified in tlisRequest for Proposal
ONA
(RFP) represent a departure from past City practices. The�system being considered would shift
trash and recycling collection from multiple private c�oniractors who contract`mdidu all y with
homeowners in the District, to a district-wide contract-,;,�Vhile residents will not beproliibited
from arranging for service from a service provide o her than the City's contra ctorACity trash
& ��
collection fees will apply to all homeowners regardless of hether they utilize the services
provided. Fees will be collected through the City's utility billing,system based on account
information provided by the contractor except for those meetmglopt out criteria based on
participation in a contracted trash service through�a Homeowner'Mssociation (HOA.)
-
`th UiRJO
Homeowner associations (HOAs) in the Districtateurrently offerjtheir residents curbside trash
and recycling collection services in accordancwith11lle account requirements of the City
eff
Code may request an exempti �.ffrrom participation- ngfor so lo as the group account service is
provided to all household within=the HOA in accordance with the City Code of the City of Fort
Collins (City Code)�Int he event exemptiothe properties within the HOA area will be
excluded from the servic'esarea andxio City fee willEbe=collected in that area. The contractor will
V__V A�
be compensated for the accounts tol hich,.service is p ovided.
1 .
A start date=for collection servicesawill be set by mutual agreement between the City and the
contractor, and is anticipated to be`ihkthe first quarter of 2010. Questions may be referred to, and
photo opi�of this propos 1 may be b obtained from the City of Fort Collins Purchasing
AV
DepartmentProposals must b sent to the City of Fort Collins Purchasing Department, PO Box
580, Fort Collins, Colorado 80522-0580 in a sealed envelope, and must be received by 3:00 p.m.
on Monday, October,20093
2. General Info"rtnation
Demographics
The City has an estimated population of 137,200 people residing in an approximately 53.4 square
mile area. The City contains an estimated 76,832 household units. In the geographic area of the
pilot districting project, there are an estimated 6,500 single-family household units. The City
anticipates that "HOA exempted households" could be 10 to 15 percent of the total number of
single-family units, with the remainder to be included in the new City-arranged collection
program. A map of the Pilot Trash District is attached as Exhibit A of this document.
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Commercial and industrial trash customers are not part of this request for proposals.
City Goals and Objectives
The City intends to provide trash collection and curbside recycling for all single-family and
multi-family residences (up to 3 dwelling units) within the District, and to bill this service as part
of the City's monthly utility bill. The City intends to make this a long-term service to the
residents of the District, with the transition to this service transparent to the customer: The City
believes in maintaining a high level of commitment to quality customer service. In procuring the
services described in this RFP, the City seeks to provide high quality public services that are
convenient for the residents. In addition, the City seeks to provide services that help citizens
decrease the amount of trash sent to landfills, increase waste reduction ndkrecycling practices,
reduce the individual household cost to dispose of trash and reduce he volume of heavy truck
traffic on the City's residential streets. -T"
Reservation of Rights
This request for proposals is a solicitation and not an offer to contract. The Crtyreserves the right
4� -F w,
to reject any and all proposals. The City retains th ght to abandon or terminate thheNP
process at its discretion at any time. The City further`reserves the=right to issue clarifications and
other directives concerning this request for proposals; to require larification or further
information with respect to any proposal, and to determine=tnal terms of any contract.
Interviews will be required by the City with,selected contractors'to clarify contractor proposals
and to allow for contract negotiations. A c p nce of any propo al will be based upon factors
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including, but not limited to: costs for service; completeness of proposal; thoroughness of
information provided; ability to meet standards for service§level compliance with local
requirements and customer service; value added service; otherinnovations proposed by the
bidder which will reducejtrd§Maarid,increase diversion, e.g., spec al recycling events, market-
based initiatives such a�ecycl B , or other VW ncentive based programs; ability to begin
providing service within the proposed timeline; andvprior successful contractor performance with
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waste collection systems similar to a scale describedflierein.
3. Basis%f Proposal ,
Proposals submitted will be for thecontractor to provide exclusive collection services for trash
cy
,,
and re lables within the pistrict li is A11 proposals must conform to the requirements of the
4
City Code;including but not3limited to Chapter 15, Article XV regarding licensing of trash
collection serv_ces: http://wv w:colc,code.com/ftcollins/municipal/chapterl5.htm#articleXV
Proposals mu stkidude, by paagraph numbers, basic information addressing the following:
Unit-Based Pricin�V
The contractor shall propose charges for weekly trash removal and biweekly removal of
recyclables. Subscription service will be provided for all single family residences and multi-
family dwelling up to 3 units in the proposed district, with the exception of Homeowner's
Associations with existing contracts that include all residences in the HOA. The price structure
must comply with the volume-based service requirements of Section 15-412 of the City Code.
The proposal must include the combined cost for removal of both trash and recycled material.
Proposals must include:
• Unit base pricing information for the cost of providing a single 96, 64 and 32
gallon trash container(additional bags for non-subscribed levels of service, such
4
as overages, will be sold to the public at designated City buildings and/or other
places arranged by the selected hauler).
• Haulers may provide suggested methods for offering an "extremely low" or "trash
buster" rate for customers who generate less than 32 gallon subscription service
levels each week.
• All unit pricing for trash removal must include incorporate costs for required
recycling services. At a minimum, recycle containers shall be available in sizes
of 96 and 64 gallons.
Additional Services
The contractor may provide a list of additional services that would boffered to customers on an
optional basis, together with a price list (if any) for such services-These services may include but
are not limited to:
• Bulky item pick-up %._%
• Front door pick-up for physically impaired res dents �
• Curb-side yard waste collection ��%_ 3'hin
• Electronic notifications for service dates
Recyclable Material Woo If,material shall be delivered to the Larimer Countiy�Recycling Center (LCRC), except
for materials which are not acceptable toy K 3LCRC. Recyclab§3shall be collected in material
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streams acceptable to the LCRC, commingl cc �g to what`i Rtually acceptable to the
City, the contractor and the LCRC. The contractorshal=base its proposal on every other week
collection of recyclables. The recyclable materials wills mam the property of the City.
Consequently, all revenues,received from or cos st due to the LCRC for the recyclable materials
10_07collected in the performance o Eh�ontract shall be the Citys. By household, recyclables are to
be collected on the s� ay of thMeek as trash-
ftl ON
Collection Binssi
TRASH bms�Contractor mustjprovide mformation to the City about what types and sizes of
bins will b0provided<fo=the custo mers, how requests for bin repair and replacement will be
handled and how changenbin size w11 be accommodated.
RECYCLING bins— Contractor must provide appropriate recycling bins to each household.
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Containers sl f1be designed"for"single stream" recycling. It is estimated that 25% of residents
will choose 96 g llon contain, 50% will choose 64 gallon containers and 25% of residents will
choose smaller con a hers.
Alley Collection
In the Pilot Trash District, there are many alleys, and the contractor should acquaint itself with
the special needs and accommodations that will be required for alley collection. The proposal
must include a statement of willingness by the contractor to continue alley service, and a
description of special accommodations that will be made to accomplish this.
Hours and Days of Operation
All collections must be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through
Friday, except as expressly permitted by the City. Saturday and Sunday collections are not
permitted unless expressly authorized by the City representative or as permitted in Holiday
5
Schedules section below. The City will work with the selected contractor to divide the District
into collection areas, and assign a collection day to each area. The City prefers that the number
of collection days each week be minimized. Recyclables must be collected on the same day of
the week as trash is collected. The proposal must include a proposed schedule that meets this
framework and that accommodates changes due to inclement weather and holidays.
Holiday Schedules
Holidays shall be New Year's Day, Memorial Day, 4'h of July, Labor Day, Thanksgiving Day,
and Christmas Day. If the holiday falls on a weekday, then the Saturday following the holiday
may be authorized as a catch-up collection day.
Trucks and Equipment
The contractor must provide information about the size and types of==Yrucks and automation that it
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proposes to use, as well as other equipment necessary for the job such ash mmunication
devices, GPS systems and others. The City reserves the right-t visit the facilities of all interested
contractors and observe the equipment used and the peratio al methods. The kite visits will be
'COcoordinated with the appropriate representative(s) from each ofthe interested contactors. Any
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contract entered into by the City may contain provisioregarding equipment weight; leak
lwemproofing, and similar performance standards.
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The contractor may include innovative strategies that would 1 elpthe City provide more
sustainable collection services, including butnotlimited to the usealternative fuels.
l
Use of Subcontractors
The contractor must indicate in the proposal wfietheror not<iffintends to use subcontractors for
any part of the service bei g provided, together with a list of-;a11 said subcontractors, including
qualification information.. Subcontractors may ot;be used for more than 20% of the work.
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Promotion and Education
The contract will require that thecontractor work=with the City to provide service-oriented
information to customers.and f fi, evelopmg and executing public education to encourage waste
reduct and diversion cifical1y-30 days prior to the commencement of service the
contractor-=shall provide ans8fj/2 x F1 two-color insert to be included in each District
customer e monthly bill (approximate 15,000-6,000 inserts required). This insert will inform
District residents-of the specifics of the trash and recyclables collection program, including a
collection schedi le;=a listing ofrwhat materials can go into the recyclable materials bin,
instructions on the p oper andling of the collection bins, instructions on what customers are to
do with trash that does-`n`' 5 lit into the collection bins, etc. The contractor will be required to
provide another such insert at six months into the contract, and each twelve months thereafter. At
the same time, contra for will be required to provide a complete list of fees and services offered
to each customer. The contents of the insert will be approved by the City. Contractor must
propose a cost to allow the City the option of requiring that the inserts will be directly mailed to
all customers by the contractor. Proposers may provide additional education approaches or
incentives for increasing recycling rates as a part of their proposal.
6
Public Informational Meetings
Upon selection but prior to implementation of the trash collections service, the selected
contractor will be required to participate with City staff and Council in two or more public
meetings which will describe the new service to City residents/customers.
Customer Service
The City will provide billing services to trash and recycling customers within the District. This
billing service will include monthly billing for subscription levels of service, start-up and stop
service requests, changes to levels of subscription service, and questions regarding such billings.
The contractor will be responsible for providing other customer service=functions including
handling customer requests for special services, resolving customer addressing
missed-pick-up calls, delivery and maintenance of trash and recy In ins, and questions
regarding the preparation of materials for trash or recycling p'ck-up�The,proposal must include
information addressing the contractor's proposals for methods and a ti e frame for
communicating with the customers and responding to their questions and omplaints. The
contractor must also include with the proposal a copy4ofts customer servic standards. The
contractor will be required to develop a web site/page exclusively for information4p staining to
operations in the City.
'WROft 4V
Information Requests and Requirements .
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Contractors are to indicate the number offrre dences in Fort ColliRcurrently being served
including the number of accounts served thrbugli=hom-leowner associations. Information on
G� 3
container size, the number of containers, number of accounts.recycling and utilization of special
services are to be provide Contractors shoulla�alsb prov de�auailable information on the gross
amount of recyclables beffi ed from accounts in Fort.Collins.
Proposed Term of4Conr-act
The contractor must provide a>pro al-ofor a five-year contract, including any provisions for
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yearly cost escalation. Alternatives for longer terms may be presented for consideration. Any
multi-year contract entered into the City is subject to annual appropriation.
4. Qualifications o o oposerr
The follow g supporting datWrregardi g the qualifications of the contractor must be provided
with the proposal and certified by a suitable officer of the proposing contractor, in order to
enable the City to e_aluate whether the contractor is qualified and responsible.
The City requires the ission of the following certified supporting data regarding the
qualifications of the con actor in order to determine whether it is qualified and responsible.
7
• Attach a brief history of your experience in this type of business, including resume(s)
of key person(s) who will be directly involved with this contract. Name (in the
spaces provided below) the single point of contact (and their backup) who will be
handling the City of Fort Collins Service Issues, including telephone, fax, e-mail
address, cell-phone and emergency phone numbers. Name of the single point of
contact (and their backup) who will be handling the City of Fort Collins Billing
Issues, including telephone, fax, e-mail address, cell-phone and emergency phone
numbers.
• Submit at least three (3) current references who can attest tplyour company's ability
%to successfully carry out this type of project, including address/telephone/e-mail
contact information.
• Include a list of current equipment that your company hasincluding the number of
employees, trucks (year, make and model), and trash.& recycl n&container sizes and
quantities.
• List up to three (3) similar projects frompast f ars, description; d your
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assessment of your success with these prof s
• Provide a financial and operations statement for-our company that demonstrates a
minimum of$850,000 in ann al revenue.
• Completed Vendor Statement and Contact Information signed by an authorized
person from your company. X5
s
Vendor's Statement:0TWA
I have read and underst end the specifications and requuirements for this bid and I agree to comply
with such specifications and requirements. I furtheragree that the method of award is acceptable
to my company 'complete I,also agree to con with the City of Fort Collins within 30 days of
s �
notice of award %
M
FIRM NAME i
ADDRESS: z
EMAIL ADDRESS: PHONE:
BIDDER'S NAME:
SIGNATURE:
8
SERVICE ISSUES CONTACT:
TELEPHONE: FAX:
EMAIL:
CELL #: EMERGENCY:
BACKUP:
'dgpf
BILLING ISSUES CONTACT: Mim.
TELEPHONE: FAX: AW IN
EMAIL: AM
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CELL#: EMERGENCY: _
BACKUP:
5. General TermsTOR
The contract with the City shall utilize the template of the=Cites Services Agreement (see
sample attached) and may alb nclude, but n(;'heedlimitedto-AmAtional General Terms that are
substantially as follows. l
%iv
Maintenance of Records`-and Reporting
The contractonshall maintamlm_its localFofficeffull and complete operation and customer service
records that`shall at allrreasonable times be open for inspection and copying for any reasonable
purposeiby the City. Reports shall be submitted by the tenth day of each month to the City
documenting the following informatioi
VOW-
9
1. The customers to whom service was provided and level of service (noting overage
charges);
2. A log of complaints and resolutions for trash and recycling collection services;
3. A log of missed collections and responses;
4. A description of any vehicle accidents or infractions; and
5. A listing of all accounts for which a change of service during the month (i.e., 32-gallon
service to 64 gallon service, etc.) was completed; and
6. Weights in tons of trash
7. Weights in tons of recyclable materials collected and where these-items were transported
to.
Compensation Payment Schedule
The contractor will be required to bill the City monthly on a per,accoubasis for services
provided. Within 60 days before the start of the Contract;trzcontractor wilr;be required to
coordinate with the City's Utility Billing department,toe'stablish mutually acceptable billing
forms. The City will retain full auditing rights of thefeontractor's accounting records as,they
pertain to the City's contract. 'mac
r
The City recognizes that one of the primary costs of the contractor to fulfill this contract is the
price of vehicle fuel, which is outside thercontrol of the contra or. Proposal should specify any
provision for fuel adjustment the contractorhaba�sed the proposalThe City is willing to
negotiate an "energy shock" clause based upon using=the followinM Energy Information
Administration (USEIA) Index: http://tonto.ea.doe.g oog/info/wohdp/diesel.asp
4
Liquidated Damages wy
levied f documentedfin an incident report presented by the City to
Liquidated damages rr,?RVbe4
the contractor. Liquidatedfdaamages will be deducte-6from the monthly payment made by the
City to the contractor. DisagFeemIN eritslwill_be subject to the review and resolution procedures
N
provided in the=contract. l
� � � '� Liquidated Damages
NVM
)eKion or Omissirm � q g
Ao mencement ofifesidentia'IIZ llection $100.00 per incident (each truck on each
prior to 7:00 a.m. or ontinuanc after 7:00 route is a separate incident).
p.m�cept as expressly permitted.
AN
Failure to collect spilled materials. Twice the cost of cleanup to the City plus
$1,000 each incident
Leakage from contractor vehicles or $500 each vehicle, each inspection.
vehicle contents.
Failure to collect any and all garbage, $250.00 each incident.
recyclable materials, and yard debris within
one business day after notification.
Collection from residential premises on $50.00 per structure.
other than the day specified excluding
10
inclement weather or holiday schedule.
Collection as garbage of source-separated $1,000.00 per incident.
recycling.
Misrepresentation by contractor in records $1,500 per incident.
or reporting.
Failure to make required reports on time. $500.00 per incident.
Failure to maintain clean and sanitary $250.00 per vehicle;per occurrence.
vehicles.
The above table is not an exclusive list of the acts or omissionsIfor whit Aliquidated damages
may be assessed. Also, the Contract will include provisions de ailing tho e acts and omissions of
the contractor which shall be considered violations or breaches'of the contract-The Contract will
reserve to the City the right to exercise any and all rem dies it may have with re p ct to these
and other violations and breaches. Any schedule.o liquidated damages shall not act tthe City's
ability to terminate the contract for breach. _ g
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Performance Bond
The contractor will be required to providee-.atT-_o-nd in the amount of$,100,000 or equal to the cost
VV Wel
of three months' service to the City, whichevefT9 greater, to cover'the,City's costs in the event of
--.j .M.
contractor default. The Contract for the services will�include a number of provisions protecting
City interests in case of contractor default. `l
6 £
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11 14 -kl _
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6. Review and Assessment
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview sessions.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR QUALIFICATION STANDARD
11 Does the proposal show-ari understanding of the
2.0 Scope of Proposal project objective, provide an effective methodology,
and indicate successful re Its?
Do the assigned pe sonnel KeC01the necessary skills
and experienceand do they have working
2.0 Assigned Personnel w
knowledgelofithe community and the'needs of the
city?
1.0 Availability Can the profit objectives be met by this '
firmhndividualpin�a time) mmanner?
Does the firmhfidi,'vidual demonstrate interest, and
1.0 Motivation can the project be a complished in the required time
frame?
Firm/Individual Does=the firm/individual have=the capability, financial
2.0 Capability stabdityaexsperiencesucceed? Have they
VT1done revioust_ro ectssof this type and scope?
2.0 Cost ofProposal
Doesthe'proposed cost compare favorably with the
~ Pro e %Manaa er's%estimate?
7. Reference Ev>alL Jon (Top Ranked Firm):
VAS Mr
The Project Manager will check,ref&e1hces using the following criteria. The evaluation rankings
Will be labeled-Satisfactory/Unsatisfactory.
Val
WK
65
QUALIFICATION STANDARD
Overall Performance Wouldjjrou hire this firm again? Did they show the skills required for the
re uested services?
Timetable 'Did the contractor perform work in a timely manner? If a project
schedule was developed, did the contractor meet the indicated
deadlines?
Completeness Was the firm responsive to client needs; did the firm anticipate
problems? Were problems solved quickly and effectively?
Budget Was the original Scope of Work completed within the project budget?
If the project/work was a study, did it meet the scope of work? If the
Job Knowledge project/work involved construction activities, was the final product
functional upon completion? Were any problems encountered corrected
quickly and effectively?
12
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 hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations4-h`erein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in
�S %VE-01
accordance with the scope of services attached-hereto as'NExhibit "A", cons sting5lof
pages and incorporated herein by this reference kh, AN
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work S-edule attached hereto as
n� _ 1
Exhibit "B", consisting of (� page[ and incorporatesherein by this reference.
3. Time of.-Commencement and `Completion of Services. The services to be
�-
performed pursuant`"tis�Agreem nt shall be initiated within (—) days
f.
following execution. of this AgreementN ervices shall be completed no later than
Time---is of the essence. Any extensions of the time limit set forth above
mustgreed upon in ang signed by the parties.
3 fv� --r
4. Ontract Perio [Option 1] This Agreement shall commence upon the date of
M
execution shown ori�-,the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the Professional mailed no later than ninety (90) days prior to
contract end.
13
4. Contract Period. [Option 2] This Agreement shall commence , 200_,
and shall continue in full force and effect until , 200_, 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 _ U additional one year periods. Renewals and
pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder
Greeley CPIU published by the Colorado State Planning and BudgetOffice will be used as a
10
guide. Written notice of renewal shall be provided to the ServicEiTrovider and mailed no later
rAll
than ninety (90) days prior to contract end.
5. Delay. If either party is prevented in- ole or in partKftom performing its
obligations by unforeseeable causes beyond its'U asonable,control and without-gits fault or
0
A 0
negligence, then the party so prevented shall be excusedPfrom whatever performance is
prevented by such cause. To the exteril4that the performance=is actually prevented, the Service
Provider must provide written notice to the City of s-ch conditionitf5in fifteen (15) days from
the onset of such condition. [Early Termination,clause here aszan}option
, =� b '
6. Early Termination1 b.y City/Notice Notwithstanding the time periods contained
herein, the City may�� inate this Agreement many time without cause by providing written
notice of termination to the Service Pr0viderch notice shall be delivered at least fifteen (15)
days pgr-to the termination clAte contained in said notice unless otherwise agreed in writing by
the parties! AII notices pr& d under��this Agreement shall be effective when mailed, postage
prepaid and se t=to the follow ni g addresses:
P
City: `' M Copy to: Service Provider:
City of Fort Collins City of Fort Collins
Attn: Purchasing Attn:
PO Box 580 PO Box 580
Fort Collins, CO 80522 Fort Collins, CO 80522
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
14
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
7. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A",
consisting of pages, and incorporated herein by this reference.
8. City Representative. The City will designate, prior to- commencement of the
work, its representative who shall make, within the scope of his-o'her authority, all necessary
and proper decisions with reference to the services provided U r thisgagreement. All requests
concerning this agreement shall be directed to the CityRepresentative.
9. Independent Service provider. Theis ervices to`be performed by� rvice Provider
are those of an independent service provider and not an,e pl y e of the CityofFort Collins.
The City shall not be responsible for withholding any portionof Service Provider's compensation
WORN"
hereunder for the payment of FICA, Workmen' Compensation ort her taxes or benefits or for
any other purpose.
&Wgg gi M-10
10. Personal-Services It is understood that tCity enters into the Agreement
WN
based on the spec aabilities the Service Provider and that this Agreement shall be
considered asffi �
an agreement=for personalices. Accordingly, the Service Provider shall
-le - `
neither gig essp�sibilitie .. delegate any duties arising under the Agreement without
the pritten consent oft City
11. 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.
12. 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.
15
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
� %6�
period beginning with the start of the work and ending twelve ( -Z-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 anyltiefXwz,�Upon receipt<9 ritten notice from
0 NO
City of any such defect or nonconformances„the affected item or part'thereof' shall be
redesigned, repaired or replaced by Service Provider inaK nner=and at a time acceptable to
City. _
13. Default. Each and everye d�condition hereof-shall be deemed to be a
material element of this Agreement. In the_event eitherpa�-.rt'y�should.fail or refuse to perform
according to the terms off, his ag ment, such party may be eclared in default thereof.
14. Remedies NIn the e ent a party,hasgbeen declared in default, such defaulting
party shall be allowed a pe od of ten¢(0 dZays
x within which to cure said default. In the event
the default remains unccorrrrected"i he party declaring default may elect to (a) terminate the
Agree and seek daes; (b) t at the Agreement as continuing and require specific
performance (c) avail him If of any other remedy at law or equity. If the non-defaulting party
commences leg aequitable 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.
15. 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.
16
16. 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 necessarpot.ecautions in performing the
work hereunder to prevent injury to persons and property. �
c. Without limiting any of the Service 0ovider's oblig tons hereunder, the
Service Provider shall provide and maintain insurance coverage naming the, -ity as an
additional insured under this Agreement of the type an Q itheth6 limits specified within Exhibit B,
W.
consisting of one (1) page, attached hereto and incorporat'c,herein by this reference. The
Service Provider before commencing services f ereunder, sh all ver to the City's Director of
Purchasing and Risk Management, P. O. Box 5 or Co ins,4Colorado 80522 one copy of a
certificate evidencing insur9ce coverage rgired from an insurance company acceptable
to the City. UY
A
17. EntiNAcireem&t. This-Agreement, along with all Exhibits and other documents
incorporated herein shall constitute the entire Agreement of the parties. Covenants or
representations not con taine this greement shall not be binding on the parties.
�i
1AEaw/Severability. The laws of the State of Colorado shall govern the construction
A
48-M
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.
19. 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
17
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.
f
b. Service Provider shall not knowingly employ or contract with an illegal alien to
A ,_, .
perform work under this Agreement or knowingly enter into a contractwith a subcontractor that
knowingly employs or contracts with an illegal alien to perforMNork and this Agreement.
c. Service Provider is prohibited from-using the e-Verify Programer Department
Program procedures to undertake pre-employment screening of,job applicants whilegtlis
WN
Agreement is being performed. �3�� �
d. If Service Provider obtains actual knowledgg that a subcontractor performing
work under this Agreement knowingly employs or contracts withMan illegal alien, Service
Provider shall:
1. Notify such subcontractor and the Cyy within three days that Service Provider
has actual knowledge that the sta ontractoremploying or contracting with an
illegal aliend :1
2. Terminate the subcontract with th"e-subcontractor if within three days of
receiving the notice requi..red.pursuaro this section the subcontractor does not
Ir
cease,employing,�or3contracting`with the illegal alien; except that Service Provider
Y�9
shall nof`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.
ervice Provider shall comply with any reasonable request by the Colorado
4-0
Department of Lab r and$E loyment (the "Department") made in the course of an
NVM
11
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.
18
20. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill ll, CPPO,FNI'GP
Director of Purchasing and is Management
r
Date: o
ATTEST:
City Clerk
APPROVED AS TO FORM: - l6
r
Assistant City Attorney
/ PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
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Nh ate:
ATTES `° (Corporate Seal)
C 0 R PO RAT&S EC R ETARY"
h
19
ATTACHMENT 3 - EXHIBIT A
Trash Districting
Pilot Project
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Tres. aM a1 F.[ap.mr ea inemal purypua wry,are.ma na Deabnee ar noMM a vewml u»Dy•w+�DDis City Of
plme pale.TN Cly m\ea to r•preaxbv4n a xinarty as M na eauraq'.4mDWMv.4r.0.ne.,aM vi DaM1Na..lb asump In laYaey p�aagapag a4mnaiore.mNpm.
pppvry DwM+rca.p dararnnpkea4m WAI maD�N4Ma merwM1 TNECRY Po TZL'UM.a E51NJ WnRflFNTV OFMERCNANTABUTYOR WARRPNT'I 1. Fort Collins
FITNESSOFUSEFORPARTMI PURro E,EPRE5SE00R L IEO VWH RESPE,. TOTHESE WP PRCOUCTS ORTHE UNDERLYING UATA.Any�oe�nm Maein.+p
pmwga,map app ka4ma.m 4b,...—AS M. ALL FAULTS,aM Kahle a al reaPonaNryplale use Pnepl,aM MnerewaNpb aM wrwam MIE ma C.,narMeW
Imin vtl ayM aD Eamepe,bai.pf NDdfy aDsvg hw�am wepllNa Hop pwlu[1.IneMabaalkn dUy Gt/'x Nvig mpEe Wa..p '.n ara4de.hkpergeT sen .l pall Eab V J
wnaM Mem YnW Da pMaurfDyam uen p�mew p4aurn.p.wgeirylm mu.Tna Sly dlYN—aM.alewlDerem luck Wem aM al d.,.,bsa.pr Damuy,.o rE'aetl,
\ �Daw�,pr[wasRpeMa...,,.,�.�.,.p,yaNe1,w,4.w�pp,D,a�ep„Np..me�wlD,amp«awp,.,„.y. Printed:June 25,2009
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 be cancelled or materially altered,
except after ten (10) days written notice has been received byth�e Git,y o 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 maybe
due or become due the Service Provider under this Agreement\The City, its officers,agents
and employees shall be named as additional insureds�on�he 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 fo�s:
A. Workers' Compensation & Employer's Liability. The�Service Provider shall
maintain during the life of this Agreement for all of the SeNice Provider's employees
engaged in work performed under this agreement: v
1. /Worker C\pensation insurance with statutory limits as required by
Colorado law.
\��� V
2_— Employers Liability-insurance with limits of$100,000 per accident,
00,00 d\\ aggregate, and $100,000 disease each employee.
ZB�C. Co`mmercial 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
indirectly4rom the performance of work under this Agreement. Coverage for property
damage shall be on�a " road form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 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.
20
ATTACHMENT
Trash Districting
Pilot Project
Schools Q
Parks _ 6
Pilot Project Bouni o s gCv'f
G1y Limits t x 1
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N - Residential - Business
- Future Construction - Colorado State University
W e - Government Owned
- Housing Authority
s More Than 8 Units
Shale 1.20,000 - Poudre Fire Authority
- Religious
Miles - School
0 0.125 025 05 0.75 1
These nap pmluc6 and all undeMOg data are developed for use by the Cry of Fort Colors for its Internal purposes only, ant were not desmeed a Intended for general use by members City of
oftbe WMlc Tireaynakesm mpmsattatlonorwamnnt asto l6accuay,bmellness,orcompleten¢ , aMinpa ula,t wcumrylnlaMlingordlsplayingdmen9ora, contours, Fort Collins
I �S
property coundades, or INacementof location of any map features thereon THECITYOFFOWCOLLINSMNNESNOWMR C£ MERCHNTNBILITTORWMR FOR f\
FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MVP PRODUCTS OR THE UNDERLYING DATA AM users of these map
pmducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, ant assumes an responvbtiro or the use thereof, and Ndher covenants ant agrees to hold the CO harmless GIS
Tom ant against all damage, o,or hatelly areang more any use W this map product in corsldembon m the cry5 Imag made thin hRmmatlon available. Independent vcrmcabon of At data
contained herein should be obtained by any users of these products, or underlying data.The City daclams,and stall M he hetl liable for any and all damage, loss, or lability,whetter direct
Indirect or mroegumtial.which ames or may arise"in these map products or Me use thereof by arty person or mtiy. Printed: July 15, 2009
RESOLUTION 2009-075
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING PILOT TRASH AND RECYCLING SERVICES DISTRICT BOUNDARIES
AND DIRECTING THE CITY MANAGER TO REQUEST PROPOSALS
FOR TRASH AND RECYCLING COLLECTION SERVICES
WITHIN SAID DISTRICT
WHEREAS,in 2007-08,the City Council directed City staff to conduct a trash services study
to examine ways in which the City can reduce the impacts of trash collection services in Fort Collins,
including street wear, air quality,neighborhood aesthetics, noise, and other neighborhood impacts,
and to identify ways that the City might improve diversion rates for recyclables; and
WHEREAS, in 1999, the City Council adopted Resolution 1999-139, establishing the goal
of diverting 50% of the community's waste stream from landfill disposal by 2010; and
WHEREAS, the Fort Collins Climate Action Plan identifies recycling and waste diversion
as a vital strategy to reduce greenhouse gas emissions; and
WHEREAS, having numerous heavy trash vehicles on City streets impedes the attainment
of these goals and also accelerates the deterioration of City streets; and
WHEREAS, at least three residential trash haulers currently provide service within the
community,resulting in at least three trash trucks and three recycling trucks using residential streets
to provide residential collection services each week, causing increased street wear, air pollution,
noise and other neighborhood impacts; and
WHEREAS,at its December 9,2008,work session,the City Council evaluated the feasibility
of contracting services for single-family residential trash and recycling collection in order to address
these issues and expressed interest in the development of a trash services pilot district for a portion
of the community; and
WHEREAS,on May 5,2009,the City Council adopted Resolution No. 046-2009,directing
the City Manager to develop for City Council's formal consideration on July 21, 2009, a detailed
proposal and contractual arrangements for one or more pilot trash services districts within a portion
of the City that would meet the following criteria:
1. be of sufficient size, duration and scope to provide a clear test of the policy's
effectiveness in achieving the City Council's goals for limiting the impact of trash
vehicles on the community;
2. offer new opportunities to meet the additional goal of increasing the community's
waste reduction and recycling rates; and
3. allow trash haulers to submit competitive proposals for the opportunity to provide
service within the designated pilot area and otherwise comply with the statutory
requirements for initiating municipal trash services; and
WHEREAS, City staff has reviewed the possibilities for pilot trash services districts,
considered the relevant characteristics of various areas of the City and the objectives articulated by
the City Council for such a program, and has recommended that the City Council establish a single
pilot trash service district within the area described in Section 1 below (the "Pilot District"); and
WHEREAS, staff has prepared for City Council review a preliminary Request for Proposals
for Municipal Refuse and Recyclables Collection, attached hereto as Exhibit A and incorporated
herein by this reference(the"RFP"),describing the proposed terms of trash and recycling collection
services and conditions and requirements for such service; and
WHEREAS,the City Council desires to proceed with the next steps toward implementation
of a system for City trash and recycling collection services in the Pilot District, in the manner
described and recommended by City staff.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby adopts as the Pilot District that area bounded by
College Avenue on the east; Prospect Road on the south; the Cache La Poudre River on the north;
and the current City limit on the west,excluding enclaves currently existing within that area, if any.
Section 2. That the City Council hereby directs the City Manager to:
1. proceed to finalize and issue a request for proposals for trash and recycling collection
services within the Pilot District that are generally consistent with the RFP,with such
additional terms and conditions or modifications as the City Manager,in consultation
with the City Attorney, determines to be consistent with this Resolution and
necessary or appropriate to protect the interests of the City or advance the objectives
of the City Council; and ;
2. publish notice of the City's intent to arrange for trash and recycling collection
services within the Pilot District,in accordance with the applicable Colorado statute;
3. review all proposals submitted in response to the RFP;
4. select a proposal from among those submitted and either negotiate a contract for
services with the trash hauler so selected or determine that no proposal is sufficient
or satisfactory, and report to the City Council the outcome of the RFP process no
later than December 1, 2009; and
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5. develop a proposal for a trash and recycling collection services fee to be imposed on
residential properties within the Pilot District, and present that proposal for City
Council consideration no later than December 1, 2009.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st
day of July A.D. 2009.
Mayor
ATTEST:
City Clerk
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