HomeMy WebLinkAboutMEMO - Mail Packet - 2/7/2023 - 6. Memorandum from Caroline Mitchell, Kira Beckham, Sylvia Tatman-Burruss, Gerry Paul re: Contracted Residential Waste Collection Project Update and Draft Contract (Trash) [for February 21, 2023 Counc
Environmental Services
222 Laporte Ave
PO Box 580
Fort Collins, CO 80522
970.221-6600
fcgov.com
MEMORANDUM
Date: February 1, 2023
To: Mayor and City Councilmembers
Thru: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Lindsay Ex, Environmental Services Director
From: Caroline Mitchell, Manager, Environmental Sustainability
Kira Beckham, Lead Specialist, Environmental Sustainability
Sylvia Tatman-Burruss, Sr. Project Manager, CMO
Gerry Paul, Purchasing Director
CC: Josh Birks, Deputy Sustainability Director
Re: Contracted Residential Waste Collection Project Update and Draft Contract
The purpose of this memo is to provide an update and draft contract for the contracted
residential waste and recycling collection Council Priority.
Bottom line: Staff completed the competitive purchasing process and negotiated a 5-year draft
contract (attached) with Republic Services. The draft contract includes single-family homes in
non-HOA neighborhoods and represents approximately 20% of the community’s trash system
revenue. The draft contract, related ordinance changes, and startup cost appropriation request
are scheduled for First Reading on February 21, 2023.
For a price similar to what residents pay for only trash and recycling now, the proposed program
includes trash, every-other-week recycling, seasonal yard trimmings and two bulky item
collections per year. An alternative option will be presented to Council at First Reading for $1.25
more per month to provide weekly recycling. The proposed program is designed to achieve the
project goals, including reductions in greenhouse gas emissions, decrease in street
maintenance impacts, increase in waste diversion from the landfill, and equitable pricing across
the community.
Background
On July 19, 2022, Council adopted a Resolution directing staff to issue a Request for Proposal
(RFP) for contracted residential waste and recycling hauling that included specific policy
elements such as consistent pricing, yard waste composting, bulky waste collection, etc.
Project Update
RFP Process
Three firms submitted proposals.
o Of the four haulers currently serving Fort Collins, two submitted proposals
(Republic Services and Waste Management).
A cross-disciplinary team of City staff and external consultants with specific subject
matter expertise in single hauler systems (LBA Consulting and a member of the
Recycling Partnership) interviewed the three firms in late November 2022.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
Republic Services’ proposal most closely aligned with the priorities and evaluation
criteria in the RFP.
Fee Study and Initial Appropriation
A fee study was conducted; it recommended an Administrative Fee of up to $1.35 per
household per month to recover the City's costs of administering the contracted service
program (including program roll out, program management, compliance and customer
service). This would be charged in addition to the service fee from the contracted hauler.
A budget appropriation is also being sought to cover start-up costs ahead of
Administrative Fee collection. The appropriation would be repaid from Administrative
Fee revenue over the duration of the contract.
This fee and appropriation are being reviewed with Council Finance Committee at their
February 2, 2023 meeting.
Community Outreach and Service Start
Community outreach about the content of the contract, including website updates,
newsletter articles, and online community conversations, will take place from now until
the potential March 7 Second Reading. More information can be found on the OurCity
page by following this link: https://ourcity.fcgov.com/contract-for-trash
City staff will be presenting to the Economic Advisory Board and the Natural Resources
Advisory Board on February 15
If adopted, the service would begin in September 2024; and staff would work closely with
Republic Services on extensive outreach prior to the start of service
Homeowner’s Associations (HOAs)
Confirming compliance with City’s requirements: HOAs with existing trash and recycling
contracts can be exempted from the City’s program. In Q2-Q4 2023, City staff will verify
whether the contracts of HOAs with existing waste and recycling collection comply with
Pay-As-You-Throw and yard trimmings requirements. Any contracts that don’t meet the
requirements will be given a fixed time to either update their contracts and continue them
or to choose to join the City’s waste collection program.
Yard trimmings requirement: HOAs that continue to contract for collection service on
their own would be required to add optional yard trimmings collection (to match the level
of service in the City contract) by the date the City’s contracted collection starts.
Trash Bill Analysis
Residents voluntarily shared their current trash bills and City staff learned the following:
o Companies currently providing service may not be applying the Pay-As-You-
Throw pricing as required in the community; many medium and large trash cart
customers’ prices are under the pricing that would be expected given those
companies’ small cart prices (the Pay-As-You-Throw ordinance requires a 100%
price difference between sizes of trash cart service)
o The contracted price would mean more services for a similar price for the 50%+
of the community who utilize a small size trash cart
o The contracted service would potentially increase the price for the medium and
large trash cart customers, but the addition of yard trimmings service, two large
recycling carts, and two bulky item pickups per year for no additional charge may
enable more households to shift to a smaller size trash cart
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
Next Steps
Council Finance Committee will review the recommended Administrative Fee and 2023
appropriation request on February 2
Staff will conduct outreach with the community about the contents of the draft contract
Council will review the draft contract, Code changes, and startup cost appropriation
request during First Reading on February 21
Overview of Contract Elements
Monthly Service price
XS cart service (16 gallons): $11.10
S cart service (35 gallons): $17.85
M cart service (65 gallons): $34.60
L cart service (95 gallons): $51.35
XL cart service (2 x 95 gallons carts): $101.60
These prices include a $1.35 City Administrative Fee. They do not include flow control of waste.
Services Included
Trash, every-other-week recycling, weekly seasonal yard trimmings, and two bulky item
collections per year
Price above includes City Administrative Fee of $1.35 / month / household
If household chooses to not have yard trimmings service, service price would be
reduced by $5 / mo (except for XS cart service price, which is not reduced if household
declines yard trimmings service)
Council has the option to select weekly recycling collection for a price increase of $1.25 /
household / month
Contractor would bill customers directly and provide dedicated local customer service
representatives
Service start date: 9/30/2024
Contract length: 5 years from service start date
Homeowner’s Associations: HOAs with contracts that comply with the City’s Pay-As-You-Throw
and yard trimmings service requirements and that are in effect prior to the date the contract is
signed may continue with their existing contracts or opt into the City’s contract.
Sustainable Vehicles: The contracted service would include the following elements:
Fewer trucks overall on Fort Collins’ streets
One electric collection vehicle will be utilized as a pilot
Any new vehicles purchased to service this contract will run on natural gas
generated from landfill capture etc. rather than new extraction
Republic will not purchase any more diesel trucks to provide service under the
contract
Opt-out Fee: Households required to be included in the City’s waste hauler program that prefer
to use a hauler other than the City’s contracted hauler would pay an opt-out fee equivalent to
the monthly fee of the lowest trash service level, which is $11.10 per month.
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Attachment 1: Draft Contract
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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DRAFT
AGREEMENT FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES
FEBRUARY 1, 2023
The contract is not in effect until approved by City Council and signed by both
Republic Services and the City.
References to sections of the City Code in the draft contract may be changed
prior to or during Council consideration of the contract because Council
would be adopting changes to the municipal code simultaneous with adoption
of the contract.
The City and Republic Services may make technical changes to the draft
contract prior to signing.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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AGREEMENT FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES
THIS AGREEMENT FOR RESIDENTIAL SOLID WASTE COLLECTION
SERVICES ("Agreement") is made and entered into on the Effective Date (defined below) by
and between the CITY OF FORT COLLINS, a Colorado home-rule municipal corporation
("City"), whose address is 300 LaPorte Ave., Fort Collins, Colorado 80521 and Allied Waste
Systems, Inc., a Delaware corporation d/b/a Republic Services of Colorado ("Contractor''),
whose local address is 1941 Heath Parkway, Unit 2, Fort Collins, CO 80524, each of which is
individually a “Party” and collectively are the “Parties”.
WHEREAS, the Contractor, in response to the City's Request for Proposals (“RFP”)
No. 9648 dated September 12, 2022, submitted a proposal for Residential Solid Waste
Collection Services dated October 17, 2022 ("Proposal"), to provide Collection Services for
Residential Units, as such terms are defined below, within the City; and
WHEREAS, based on the outcome of the RFP the City has selected the Contractor
to perform the Collection Services for Residential Units in accordance with the terms of this
Agreement and pursuant to the City’s authority under C.R.S. § 30-15-401(7.5) and Chapter
12, Article II of the Fort Collins Municipal Code; and
WHEREAS, pursuant to C.R.S. § 30-15-401(7.5) and Section 8-186(a) of the Fort
Collins Municipal Code, this Agreement is subject to approval by the City Council of the City
of Fort Collins by ordinance.
NOW THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereby agree as follows:
1. Definitions. For the purposes of this Agreement, the following terms shall have the
meanings set forth herein unless the context specifies otherwise:
A. “Acceptable Waste” means Bulky Waste, Recyclable Materials, Solid Waste and
Yard Trimmings but does not include Excluded Waste.
B. “Administrative Fee” means that fee authorized by Section 12-32(b) of the Fort
Collins Municipal Code.
C. "Associated Services” means customer service and billing functions, including
billing of Customers and Service Opt-Out Customers.
D. “Bulky Waste” means Solid Waste that does not fit in a closed solid waste cart,
excluding Excluded Waste, electronics, yard trimmings, recyclable cardboard,
items that weigh more than 60 pounds, and items larger than 6’ x 6’.
E. Carts Terminology:
• "XS Cart” shall mean a 30-39-gallon cart with an insert that functionally
creates a cart with less than 30 gallons of available capacity.
• “Small Cart” shall mean a cart with a capacity of 30-39 gallons.
• “Medium Cart” shall mean a cart with a capacity of 60-69 gallons.
• “Large Cart” shall mean a cart with a capacity of 90-99 gallons.
• “XL Cart” shall mean two Large Carts.
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DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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F. “City Limits” means the boundary of the City of Fort Collins as identified via the
City of Fort Collins GIS system. City Limits does not include the Growth
Management Area. The City Limits are subject to change through future
annexations by the City.
G. “City Representative” means the City’s Environmental Program Manager for Waste
Reduction & Recycling, or another City employee designated through the process
established in Section 10, who shall be the Contractor’s primary contact at the City
of Fort Collins.
H. "Collection Services" means the collection, transportation, and delivery to an
appropriate facility of Solid Waste, Recyclable Materials, Yard Trimmings, Bulky
Items, and Associated Services for Residential Units conducted in a manner
consistent with all applicable laws and regulations and the provisions of this
Agreement.
I. “Contractor” means Allied Waste Systems, Inc., a Delaware corporation d/b/a
Republic Services of Colorado.
J. “Customer” means an owner or occupant of a Residential Unit that receives
Collection Services from Contractor under the terms of this Agreement.
K. “Door-to-Door Service” means service in which Contractor brings carts from the
Customer’s location to the curb or alley for servicing and returns the carts to the
Customer’s location.
L. “Dumpster” means a metal or plastic container, one (1) cubic yard to ten (10) cubic
yards in volume, that is manufactured and used for the collection of Solid Waste,
Recyclable Materials or Yard Trimmings.
M. “Effective Date” means the effective date of this Agreement, which shall be the
date stated in Section 4, Agreement Term.
N. “Electronics” means any electronic device or electronic component as those terms
are defined in the Colorado Hazardous Waste Regulations, 6 Code of Colorado
Regulations 1007-3, Section 260.10 and as amended by the State of Colorado
from time to time.
O. “Excluded Waste” means (1) Hazardous Waste; (2) radioactive, volatile, corrosive,
highly flammable, explosive, biomedical, infectious, biohazardous, or toxic waste
as defined by applicable law; or (3) any other waste prohibited from a disposal or
processing facility.
P. “Force Majeure” means any act or event that prevents a Party from performing its
obligations in accordance with the Agreement where the act or event is beyond the
reasonable control and not the result of the fault or the negligence of the affected
Party and such Party is unable to overcome such act or event through the exercise
of due diligence. Such acts and events, include but are not limited to, acts of God,
fire, explosion, accident, flood, earthquake, pandemic, epidemic, war, riot, and
restraints or injunctions, not resulting from a Party's breach of any terms and
conditions of this Agreement or any other contractual commitment. Force Majeure
acts or events do not include: economic or financial events that impact Contractor’s
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DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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ability to access or use financial resources; or labor disputes or strikes. To the
extent that the performance is actually prevented, the Contractor must provide
written notice to the City of such condition within three (3) days from the onset of
such condition. Weather that causes suspensions or delays in Collection
Services, as referenced in the Severe Weather Protocol in Exhibit A, is not a Force
Majeure act or event.
Q. “Hazardous Waste” means any chemical, compound, substance or mixture that
state or federal law designates as hazardous because it is ignitable, corrosive,
reactive or toxic, including but not limited to solvents, degreasers, paint thinners,
cleaning fluids, pesticides, adhesives, strong acids and alkalis and waste paints
and inks.
R. “Recyclable Cardboard” means corrugated cardboard, and shall include, but not
be limited to, materials used in packaging or storage containers that consist of
three (3) or more layers of Kraft paper material, at least one (1) of which is rippled
or corrugated. Cardboard shall be considered Recyclable Cardboard regardless of
whether it has glue, staples or tape affixed, but not if it is permanently attached to
other packing material or a non-paper liner, waxed cardboard or cardboard
contaminated with oil, paint, blood or other organic material.
S. “Recyclable Materials” means the materials listed in Table 1 of Exhibit A and any
other materials identified by Contractor and approved by the City as Recyclable
Materials, provided those materials have been separated from Solid Waste and
can be recovered as useful materials and are properly prepared for the purpose of
recycling.
T. “Residential Units” means and includes all single-unit residential buildings, and
multi-unit residential buildings containing seven (7) dwelling units or fewer within
the City Limits, subject to certain exceptions and/or City-granted variances as
provided in Sections 12-29 and 12-30 of the Fort Collins Municipal Code.
Residential Units also include residences of Service Opt-in Customers.
U. “Service Commencement Date” means the date as stated in Section 5, upon which
the Contractor begins providing all Collection Services to Residential Units.
V. “Service Opt-In Customer” means a Homeowner Association (“HOA”) or multi-unit
residential building containing eight (8) or more dwellings within the City Limits that
qualifies for an exception to the City’s Residential Waste Collection Program as
provided in Section 12-29 of the Fort Collins Municipal Code that opts-in to receive
Collection Services from Contractor.
W. “Service Opt-Out Customer” means any person or entity who opts-out of the City
Residential Waste Collection Program pursuant to Fort Collins Municipal Code,
Section 12-32(c).
X. “Service Year” means a period of twelve (12) calendar months beginning on the
Service Commencement Date.
Y. “Solid Waste” means all refuse, putrescible and nonputrescible waste, excluding
electronics, discarded or abandoned vehicles or parts thereof, sewage, sludge,
septic tank and cesspool pumpings or other sludge, discarded home or industrial
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DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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appliances, Hazardous Wastes, materials used as fertilizers or for other productive
purposes and Recyclable Materials or Yard Trimmings which have been source
separated for collection and does not include Excluded Waste.
Z. “Transition Period” means the time from Effective Date until the Service
Commencement Date.
AA. “Transition Plan” means a plan documenting the timeline for which activities shall
be undertaken by the Contractor and by the City during the Transition Period.
BB. “Yard Trimmings” means those materials included in Table 2 of Exhibit A and any
other similar organic materials identified by Contractor and approved in writing by
the City Representative as Yard Trimmings.
2. Scope of Agreement.
A. This Agreement pertains to Collection Services for Residential Units in the City
Limits provided by Contractor on behalf of the City pursuant to the City’s
authority in C.R.S. § 30-15-401(7.5). Contractor's work under this Agreement
shall consist of all supervision, materials, equipment, fuel, labor, tip fees and
other items necessary to diligently and effectively provide Collection Services.
B. This Agreement shall not be considered a franchise for services to the
residents of the City and any residential household may choose to negotiate
with any other solid waste collection service provider licensed to do business
in the City or may choose to remove their own Solid Waste, Recyclable
Materials, Yard Trimming and Bulky Items in accordance with applicable laws
and regulations and subject to the payment obligations set forth in Sections
3.1 and 4.7 of Exhibit A.
3. Scope of Services. Beginning on the Effective Date or Service Commencement Date,
as applicable, the Contractor shall provide services to the City or, as applicable, to
each Residential Unit as described herein:
A. Request for Proposal. Request for Proposal (RFP) 9648 Residential Solid
Waste Collection Services dated September 12, 2022 is incorporated herein
by this reference. In the event a conflict exists between contract documents
the order of precedence shall be 1) This Agreement including all exhibits; 2)
RFP; and 3) Contractor’s Proposal.
B. Contractor's Proposal. Contractor's Proposal dated October 17, 2022 is
incorporated herein by this reference.
C. Collection Services. Applicable Collection Services for Residential Units and
Service Opt-Out Customers shall be in accordance with Exhibit A, which is
attached hereto and incorporated herein by this reference.
D. Operating Specifications. All services performed hereunder shall be subject
to the requirements stated in Exhibit A, which is attached hereto and
incorporated herein by this reference.
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DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
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E. Contractor Performance. The Contractor is required to provide a high level of
customer service, timely and accurate billing on behalf of the City, and
professionalism in the performance of services under this Agreement.
Performance failures will be addressed, to the extent possible, through liquidated
damages for certain infractions as set forth on Exhibit A. The Parties agree,
assigning a monetary value for damages to the City and the public for
performance failures for such matters do not easily translate to the dollar amount
of such damage, and that the liquidated damage amounts that are set forth in
Exhibit A, which is attached hereto and incorporated herein by this reference, are
reasonable estimates as to the dollar amount of damage incurred in relation to
each offending act or omission.
F. Pricing. The Contractor shall perform applicable Collection Services for
Residential Units and Service Opt-Out Customers at the prices stated in
Exhibit B, which is attached hereto and incorporated herein by this reference.
G. Compensation. As compensation for the services provided under this
Agreement, Contractor shall retain all fees collected from Customers and
Service Opt-Out Customers except for the Administrative Fee, as provided in
Exhibit A. The City is not liable or otherwise responsible to Contractor for any
fee not paid by any Customer or Service Opt-Out Customer.
H. Insurance. Without limiting any of the Contractor's obligations hereunder, the
Contractor shall provide and maintain insurance coverage naming the City as
an additional insured under this Agreement, via blanket-form endorsement, as
applicable of the type and with the limits specified within Exhibit C, which is
attached hereto and incorporated herein by this reference. Prior to the
Effective Date of the Agreement, the Contractor, or its authorized
representative, shall deliver to the City's Purchasing Director,
purchasing@fcgov.com or P.O. Box 580, Fort Collins, Colorado 80522, one
copy of a certificate evidencing the insurance coverage required from an
insurance company rated A-VIII or higher by A.M. best Company and
approved in Colorado.
I. Confidentiality. The Contractor shall comply with Exhibit D, which is attached
hereto and incorporated herein by this reference.
J. Ownership of Waste. Contractor shall take ownership of Acceptable Waste
when it is loaded into Contractor’s vehicle. Ownership of and liability for any
Excluded Waste shall remain with the generator and shall at no time pass to
Contractor.
K. Right of Refusal. If any Excluded Waste is discovered before it is collected by
Contractor, Contractor may refuse to collect the entire pick-up that contains
those items. In the event such items are present but not discovered until after
it has been collected by Contractor, Contractor may, in its sole discretion,
remove, transport, and dispose of such items at a facility authorized to accept
those items, in accordance with applicable law and charge the depositor or
generator for all reasonable direct costs incurred due to the removal,
remediation, handling, transportation, delivery, and disposal of those items.
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DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
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4. Agreement Term. Subject to approval by ordinance of the Fort Collins City Council, this
Agreement shall commence effective March 17, 2023, (“Effective Date”) and shall
continue in full force and effect for five (5) years from the Service Commencement Date,
unless terminated as provided herein (“Agreement Term”).
5. Service Commencement Date. The Service Commencement Date is the date the
Contractor starts performing all Collection Services for Residential Units under the
Agreement. The Service Commencement Date shall be September 30, 2024, subject
to change by mutual written agreement of the Parties.
6. Early Termination. Notwithstanding the time periods contained herein, this Agreement
shall terminate: 1) if the City fails to appropriate funds pursuant to Section 9 of this
Agreement at the time as such then-existing appropriations are to be depleted; or 2) in
the event of a termination by default in accordance with Section 20; or 3) at either Party’s
option pursuant to Exhibit A, Section 4.11 in the event the Parties cannot mutually agree
on the impact of uncontrollable costs.
7. Carts. Upon expiration or termination of the Agreement, ownership of all carts and
replacement parts for such carts purchased by the Contractor under this Agreement shall
transfer to the City. In the event of expiration or termination for Contractor default, the
ownership of the Carts shall transfer to the City at no cost, free and clear of any liens or
debt. In the event the Agreement is terminated early by the City in accordance with
Section 6, the City shall pay the Contractor the net present value of the monthly cost per
cart multiplied by the number of months remaining to reach five (5) years from the
Service Commencement Date. Upon transfer of ownership, carts at Residential Units
shall remain at the Residential Unit and Contractor shall transport the carts and
replacement parts for such carts not at Residential Units to a location within Larimer
County designated by the City Representative.
8. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the
following addresses:
Contractor
Allied Waste Systems, Inc., d/b/a Republic Services of Colorado
Attn: General Manager
1941 Heath Parkway Unit 2
Fort Collins, CO 80524
Republic Services, Inc.
Attn: Legal Department
18500 N. Allied Way
Phoenix, AZ 85054
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DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
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City
City of Fort Collins
Attn: Program Manager, Waste Reduction and Recycling
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Director
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: City Attorney’s Office
PO Box 580
Fort Collins, CO 80522
9. Appropriation. To the extent this Agreement or any provision in it would constitute a
multiple fiscal year debt or financial obligation of the City, it shall be subject to annual
appropriation by City Council as required in Article V, Section 8(b) of the City Charter,
City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The
City shall provide Contractor with thirty (30) days written notice of any failure of the City
to appropriate adequate funds Neither party shall have the obligation to continue this
Agreement in any fiscal year for which no such supporting appropriation has been made.
10. City Representative. The City Representative shall make, within the scope of their
authority, all necessary and proper decisions with reference to the services provided
under this Agreement. The City, through the City Manager, may change its
representative by providing written notice of such change to Contractor. All requests
concerning this Agreement shall be directed to the City Representative. Notwithstanding
the foregoing, any changes to the Agreement shall not be binding on either Party without
a written amendment to the Agreement.
11. Marks. Subject to a Party’s express written approval, the other Party may use the Party’s
name, logo, symbol, trademark or service mark (together “Marks”) in electronic, printed,
stamped or inscribed materials to support and promote the relationship between the
Parties during the Agreement Term. Each Party’s right to use the Marks is royalty-free,
non-exclusive, non-transferrable, and non-assignable.
12. Independent Service Provider. It is the express intention of the Parties that Contractor is
an independent contractor performing services and is not an employee, agent, joint
venturer, or partner of City. The City shall not be responsible for withholding any portion
of Contractor's compensation hereunder for the payment of FICA, Workmen's
Compensation or other taxes or benefits or for any other purpose.
13. Subcontractors and Disposal Facilities.
A. The City acknowledges and approves the Contractor’s utilization of the following
subcontractors to perform services hereunder:
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DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
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i) Schaefer Plastics North America, LLC (“Schaefer”), which shall
manufacture, warrant, and deliver the Carts for Solid Waste, Recyclable
Materials and Yard Trimmings on Contractor’s behalf.
B. The City acknowledges and approves Contractor’s use of the following disposal
facilities:
i) A-1 Organics for disposal of Yard Trimmings.
ii) Ewing Landscape Materials for disposal of Yard Trimmings.
iii) Larimer County Landfill for disposal of Solid Waste.
iv) Larimer County Recycling Center for disposal of Recyclable Materials.
v) North Weld Landfill for disposal of Solid Waste.
vi) Other disposal facilities selected and used in accordance with the terms of
this Agreement.
C. Except as stated above in Section 13(A), Contractor may not subcontract any of
the Collection Services or use another disposal facility without the prior written
consent of the City Representative.
D. The following provisions shall apply for all services subcontracted hereunder: (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 shall be required to comply with all applicable
terms of this Agreement, (c) the subcontract shall not create any contractual
relationship between any such subcontractor and the City, nor shall it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the
subcontractor shall be subject to inspection by the City to the same extent as the
work of the Contractor. Contractor shall be solely responsible for performance of
all duties hereunder.
14. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Contractor and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Contractor shall neither assign any
responsibilities nor delegate any duties arising under the Agreement except as set forth
in this Agreement without the prior written consent of the City, which consent shall not
be unreasonably withheld, conditioned or delayed.
15. 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. The failure or delay by either Party to enforce any provision of this
Agreement will not be deemed a waiver of future enforcement of that or any other
provision.
16. Warranty.
A. The Contractor hereby warrants that it is qualified and has the financial capacity,
operational capacity and equipment to assume the duties and responsibilities
necessary to effectively render the services described herein and has all the
requisite corporate authority, professional licenses, and permits in good standing
required by law.
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B. The services performed by the Contractor shall be in accordance with generally
accepted professional practices and the level of competency presently maintained
by other practicing professional firms in the same or similar type of work. The
services to be performed by the Contractor hereunder shall be done in compliance
with applicable laws, ordinances, rules, and regulations.
C. The Carts shall be warranted by Schaefer for a period of ten (10) years from the
date of delivery. As stated in Exhibit A, Attachment 2 upon transfer of ownership
the manufacturer’s warranty for the carts shall transfer to the City. The Contractor
shall use best efforts to ensure the City receives the manufacturer’s warranty upon
transfer of ownership.
17. City’s Role. The Contractor shall provide all services with no direct support by City staff.
Although City staff may collaborate with Contractor on certain initiatives such as
Customer education and communication, such support is solely at the City’s discretion.
Notwithstanding the foregoing, the City intends to monitor and evaluate the progress and
performance of Contractor to ensure the terms of this Agreement are being satisfactorily
met in accordance with the City's and other applicable monitoring and evaluating criteria
and standards. Contractor shall fully cooperate with the City relating to such monitoring
and evaluation.
18. Force Majeure. If either Party is prevented in whole or in part from performing its
obligations by force majeure, then the Party so prevented shall be excused from
whatever performance is prevented by such cause.
19. Disputes Resolution. Except in the event of a Default, pursuant to Section 20, the Parties
shall attempt to resolve disputes as follows:
A. Informal Dispute Resolution. The Parties will use reasonable efforts to resolve
any disputes under this Agreement through negotiation. If a dispute arises
between the Parties, the primary Representative for each Party will first strive to
work out the problem internally. If the Representatives are unable to resolve the
dispute within ten (10) days of commencing discussions, then either Party may
deliver a written notice to the other Party describing the nature and substance of
the dispute and proposing a resolution (the “Notice of Dispute”).
B. Executive Negotiation. During the first ten (10) days following the delivery of the
Notice of Dispute (and during any extension to which the Parties agree) an
authorized executive of each Party shall attempt in good faith to resolve the
dispute through negotiations. If such negotiations result in an agreement in
principle to settle the dispute, they shall cause a written settlement agreement to
be prepared, signed and dated, whereupon the dispute shall be deemed settled,
and not subject to further dispute resolution.
C. Unresolved Disputes. Upon the Parties’ mutual written agreement, any dispute
under this Section 19 may be submitted for resolution to mediation to occur in Fort
Collins, Colorado. The Parties reserve all rights to adjudicate any dispute not
submitted to mediation under this Section 19 of the Agreement. In the event of
mediation, the Parties shall share the cost for the mediator(s) equally and each
Party shall be solely responsible for their own legal counsel expenses.
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20. Default. If either Party breaches any provision of this Agreement and such breach is not
substantially cured within ten (10) days after receipt of written notice from the non-
breaching Party specifying such breach in reasonable detail, the non-breaching Party
may terminate this Agreement by giving ten (10) days’ written notice of termination to
the breaching Party. However, if the breach is not within the reasonable control of the
defaulting party and cannot be substantially cured within ten (10) days, such cure period
may be extended to an agreed period of time pursuant to a mutually agreed upon
corrective action plan to cure the default. If the breach is within the reasonable control of
the defaulting party, and the defaulting party fails to cure such default in accordance with
this Section, 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 themselves of any other remedy at law or equity. If the non-defaulting Party,
exhausts the dispute resolutions provisions stated in Section 19 of the Agreement, they
may commence legal or equitable action against the defaulting Party, the defaulting
Party shall be liable to the non-defaulting Party for the non-defaulting Party’s reasonable
attorney fees and costs incurred because of default.
21. Performance Security.
A. The Contractor shall provide performance security by providing the City an
irrevocable letter of credit in a form satisfactory to the City Purchasing Director at
least ninety (90) days prior to the Service Commencement Date. The amount of
the letter of credit will be One-Million Dollars ($1,000,000) issued by a local,
federally insured (FDIC) banking institution with a debt rating of 1A or higher by
the FDIC or A or higher by Standard & Poor’s, Moody’s Investor, or comparable
agency as determined by the City.
B. The irrevocable letter of credit shall contain the following endorsement, “At least
sixty (60) days prior to cancellation, replacement, failure to renew or material
alteration of this irrevocable letter of credit, written notice of such intent shall be
given to the City by the financial institution. Such notice shall be given by certified
mail to the City of Fort Collins, Purchasing Director, 215 North Mason, Fort Collins,
CO 80522.”
C. The irrevocable letter of credit shall be released to the City in the event this
Agreement is terminated by reason of breach or default of the Contractor. The
irrevocable letter of credit will be released to Contractor at the end of the
Agreement Term, provided there is no outstanding breach, default, or other
payment deductions or adjustments.
D. The rights reserved to the City with respect to the irrevocable letter of credit are in
addition to all other rights of the City, whether reserved by this Agreement, or
otherwise authorized by law, and no action, proceeding or right with respect to the
irrevocable letter of credit shall affect any other rights the City has or may have
under the law.
22. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall
constitute the entire Agreement of the Parties regarding this transaction 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. Covenants or representations not contained in this
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Agreement shall not be binding on the Parties. In the event of a conflict between terms
of the Agreement and any exhibit or attachment, the terms of the Agreement shall
prevail. Each person executing this Agreement affirms that they have the necessary
authority to sign on behalf of their respective Party and to bind such Party to the terms
of this Agreement.
23. Indemnity. The Contractor agrees to indemnify, defend 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 (including reasonable attorneys’ fees)
brought or asserted for injuries to or death of any person or persons, or damages to
property (collectively, “Claims”) to the extent caused by the negligence or willful
misconduct of the Contractor. The Contractor shall not be liable for any Claims resulting
solely from negligence or willful misconduct of the City.
24. Compliance with Law: The services to be performed by the Contractor hereunder shall
be done in compliance with all applicable federal, state, county and City laws,
ordinances, rules and regulations. Contractor must be properly licensed by the City to
perform Collection Services.
25. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. The Parties further agree
that Larimer County District Court is the proper venue for all disputes. If the City
subsequently agrees in writing that the matter may be heard in federal court, venue will
be in Federal District Court in Denver, Colorado. 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.
26. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions
of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4)
and the Regulations, affirmatively ensures that for all contracts entered into with the City,
disadvantaged business enterprises are afforded a full and fair opportunity to bid on the
contract and are not to be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age 40 years or older, marital status, disability, sexual orientation,
genetic information, or other characteristics protected by law. For the purpose of this
policy “sexual orientation” means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the City strictly
prohibits unlawful retaliation against a person who engages in protected activity.
Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its contractors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party contractors and their subcontractors at every tier.
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27. Governmental Immunity Act. No term or condition of this Agreement shall be construed
or interpreted as a waiver, express or implied, by the City of any of the notices,
requirements, immunities, rights, benefits, protections, limitations of liability, and other
provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and
under any other applicable law.
28. Colorado Open Records Act. The Contractor hereby acknowledges that the City is a
public entity subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA).
This Agreement is subject to public disclosure in whole pursuant to CORA.
29. Survival: Any terms and conditions of this Agreement that require continued
performance, compliance, or effect beyond the termination date of the Agreement shall
survive such termination date and shall be enforceable in the event of a failure to perform
or comply.
30. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall constitute an original and all of which shall constitute one and the same
document. In addition, the Parties specifically acknowledge and agree that electronic
signatures shall be effective for all purposes, in accordance with the provisions of the
Uniform Electronic Transactions Act, Title 24, Article 71.3 of the Colorado Revised
Statutes.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day
and year first written above.
CITY OF FORT COLLINS ALLIED WASTE SYSTEMS, INC.
________________________________ ________________________
Kelly DiMartino, City Manager
_____________
Date
CITY OF FORT COLLINS
________________________________
Gerry Paul, Purchasing Director
_____________
Date
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APPROVED AS TO FORM
________________________________
ATTEST
________________________________
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EXHIBIT A
SCOPE OF WORK/COLLECTION SERVICES
1.0 BACKGROUND
The Agreement provides for Solid Waste, Recyclable Materials, Yard Trimmings, Bulky
Items and related services for Residential Units in Fort Collins.
Fort Collins has a long-standing commitment to waste reduction and has utilized a licensed
open market collection system for decades.
Fort Collins’ license requires haulers to report the materials collected from all sectors of the
community, which is used to calculate various diversion rates. In 2020, the community
diversion rate (including residential, commercial, and industrial materials) was 52% and the
residential diversion rate was 29%. Details of Fort Collins diversion rates can be found in the
annual reports at www.fcgov.com/recycling/publications-resources.php.
Fort Collins has adopted aggressive waste reduction goals, including working toward zero
waste by 2030, and has identified a stagnant residential diversion rate as one of the
challenges of making progress on that goal. Our Climate Future is the combined waste,
climate and energy plan for Fort Collins and can be viewed at
www.fcgov.com/climateaction/our-climate-future.
Fort Collins wishes to build upon the existing program and the goals of this Agreement
include, but are not limited to:
• Reduce the number of trucks on residential streets and achieve street maintenance
savings as well as increase safety in residential neighborhoods.
• Reduce greenhouse gas emissions.
• Increase diversion of Recyclable Materials and Yard Trimmings and encourage
reuse of Bulky Items as much as possible.
• Provide equitable pricing throughout the community.
• Provide cost-effective pricing for Collection Services.
• Provide a high level of customer service.
2.0 SERVICE INFORMATION
City Limits
The Contractor shall provide applicable Collection Services for Residential Units and Service
Opt-Out Customers within the City Limits. Contractor is responsible for servicing Residential
Units and Service Opt-Out Customers added to City limits within 60 days of the Residential
Unit’s location being annexed into the City Limits.
Alleys
Where alleys are the primary service option, Contractor shall provide Collection Services in
alleys.
Door to Door Service
Contractor shall provide Door-to-Door Service for Customers with a disability as defined in
Title 2 of the ADA upon request for no additional charge.
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Service Suspension
Contractor shall provide a suspension of services (a “Service Suspension”) up to once per
calendar year upon Customer request for a period of one month of more. During the Service
Suspension, the Contractor shall charge the Customer the XS Cart service price and the
Administrative Fee. Contractor may not charge the Customer to start or stop the Service
Suspension.
Transition Plan
The current version of the Transition Plan is Attachment 3 and may be adjusted during the
Transition Period by mutual written consent of the Parties.
Service Opt-Out Customers
Contractor shall not provide Solid Waste, Recyclable Materials, Yard Trimmings, or Bulky
Items collection services to Service Opt-Out Customers. Contractor shall bill Service Opt-
Out Customers in accordance with this Agreement and the Fort Collins Municipal Code.
Customers may elect to opt out of Collection Services at any time by contacting the
Contractor. In the event more than ten percent (10%) of eligible Customers elect to opt out
within sixty (60) days of the Service Commencement Date, the Parties shall negotiate, in
good faith, the time available to the Contractor to start Collection Services for Service Opt-
Out Customers who choose to opt back in to Collection Services. For purposes of this
paragraph, the calculation of eligible Customers shall consider only Customers at single-unit
residential buildings not within an HOA and multi-unit residential buildings containing seven
(7) dwelling units or fewer within the City Limits.
In the event the City eliminates or reduces the impact of the Pay-As-You-Throw program
(volume-based trash rates with bundled recycling) in the residential hauler license
requirements of Chapter 15, Article XV of the Fort Collins Municipal Code, the Parties shall
negotiate in good faith, the time available to the Contractor to start Collection Services for
Service Opt-Out Customers who choose to opt back in to Collection Services.
Service Opt-In Customers
If a Service Opt-In Customer requests to opt in to Collection Services, the Contractor shall
work with the entity representing the Service Opt-In Customers to mutually agree to a date
to deliver carts and start Collection Services (i.e. the Contractor is not required to meet the
cart delivery requirements in section 4.1 of this Agreement).
3.0 SCOPE OF WORK/COLLECTION SERVICES
3.1 Solid Waste Collection
Contractor shall provide Solid Waste Collection Services as follows:
• Contractor shall offer five service levels to Customers, corresponding the XS, S, M, L,
and XL Cart sizes, for the prices in the Price Sheet (Exhibit B). All service levels shall
include Recyclable Materials, Yard Trimmings, and Bulky Items collection.
• Contractor shall provide weekly Solid Waste collection.
• Contractor shall collect Solid Waste from Solid Waste carts provided as part of this
Agreement.
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• The Contractor may use any of the permitted landfills identified in this Agreement.
Notwithstanding the previous sentence, at the City’s sole option the City may require
flow control, in which case the Contractor shall dispose of all Solid Waste at the Larimer
County Landfill. City Representative shall notify the Contractor in writing with at least six
(6) months’ notice if the City elects to start or stop flow control of Solid Waste to the
Larimer County Landfill. If such action takes place after one (1) year from the Service
Commencement Date, the Parties shall negotiate in good faith any resulting financial
impacts and update Exhibit B.
Overflow Solid Waste
When a Customer sets out un-carted Solid Waste (including if a cart lid cannot fully close),
the Contractor shall:
• Photograph the Solid Waste.
• Affix an appropriately marked service tag to the Customer’s Solid Waste cart.
• Collect the overflow Solid Waste on the same day as Solid Waste cart.
• Charge the Customer an extra $4 per 32-gallon bag equivalent. Contractor will retain the
additional cost paid by the Customer.
Recyclable Cardboard in Non-Recycling Carts
City code prohibits the disposing of Recyclable Cardboard in Solid Waste or Yard Trimmings
carts or Electronics in any cart. When Recyclable Cardboard appears to constitute 25% or
more of a Solid Waste or Yard Trimmings cart or when Electronics are observed in any cart,
the Contractor shall:
• Photograph the item(s) in the cart.
• Affix an appropriately marked service tag to the Customer’s Solid Waste cart.
• Not service the cart until the Recyclable Cardboard is removed.
o Contractor may leave the cart un-serviced until the regularly scheduled service day
that follows the removal of prohibited materials.
o The following regularly scheduled service day, the Customer may set out twice the
regular volume of Solid Waste for no additional charge to account for the prior
missed service. In this circumstance, bags equivalent to the regular weekly service
level of Solid Waste shall not be considered overflow Solid Waste.
• If Customer has not removed the materials by the next regularly scheduled service day,
Contractor shall notify the City Representative for compliance action.
3.2 Recyclable Materials Collection
Contractor shall provide Recyclable Materials Collection Services as follows:
• Contractor shall collect Recyclable Materials from Recyclable Materials carts provided
as part of this Agreement.
• Standard service shall be a Large Cart
o Residents can select a Medium Cart for no change in their monthly cost subject to
Section 4.1 of the Agreement.
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• Collection shall be on the same day as Solid Waste collection.
• At the City’s discretion, Contractor shall deliver Recyclable Materials to the Larimer
County Recycling Center or the permitted recycling center of the Contractor’s choice for
the pricing included in the Price Sheet (Exhibit B). City Representative shall notify the
Contractor in writing with at least six (6) months prior written notice if the City elects to
start or stop flow control of Recyclable Materials to the Larimer County Recycling
Center. If such action takes place after one (1) year from the Service Commencement
Date the Parties shall negotiate in good faith any resulting financial impacts and update
Exhibit B.
• Recyclable Materials shall not be landfilled unless the load is rejected from the recycling
center due to contamination. If that occurs, Contractor shall notify the City
Representative within one (1) business day with details of the incident / cause of the
contamination. Contractor shall also include details and cause of the contamination
incident in the regular report to the City Representative.
Table 1
MINIMUM LIST OF RECYCLABLE MATERIALS TO COLLECT
Recyclable Cardboard Plastic bottles, tubs, jugs and jars (#1,2 and 5)
Office paper (white and colored) Aluminum cans, clean foil & pie plates
Magazines Steel / tin cans & empty aerosol cans
Paperboard Glass bottles and jars
Kraft paper Aseptic containers
Recyclable Materials Service Frequency and Number of Carts
Recyclable Materials Service shall be provided to 100% of Customers as part of the
Collection Services cost. Recyclable Materials Services shall be every-other-week
collection of up to two Large Recyclable Materials Carts or weekly collection of one Large
Recyclable Materials Cart. Except as otherwise set forth herein, Contractor shall only be
required to collect the contents of the Recyclable Materials Carts and may charge
Customers for additional Recyclable Materials should Contractor elect to collect such
materials. Any such material cannot be in a plastic bag and must not exceed the Cart size.
The fee for such services shall be in accordance with the Pricing Schedule in Exhibit B.
Changes in Market Conditions
If the materials recovery facility processing Customers’ Recyclable Materials temporarily or
permanently stops accepting some or all of the items in Table 1, the Parties will come to
mutual agreement about how to adjust Collection Services in a timely manner.
Recyclable Materials Contamination
The Recyclable Materials contamination threshold shall be ten percent (10%) by volume.
When the Contractor encounters a cart with ten percent (10%) or more contamination, the
Contractor shall:
• Photograph the item(s) in the cart.
• Affix an appropriately marked service tag to the Customer’s Recyclable Materials cart.
• Not service the cart until the contamination is removed.
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• Contractor may leave the cart un-serviced until the regularly scheduled service day that
follows the removal of the contamination.
• The following regularly scheduled service day, the Customer may set out twice the
regular volume of Recyclable Materials for no additional charge to account for the prior
missed service. In this circumstance, Recyclable Materials may be placed in Recyclable
Cardboard boxes and shall not be considered overflow Recyclable Materials.
• If the Customer has not removed the contamination by the next regularly scheduled
service day, the Contractor shall affix a service tag to the cart, service the cart as Solid
Waste, and charge the Customer the equivalent overflow Solid Waste fee.
3.3 Yard Trimmings Collection
Contractor shall provide Yard Trimmings Collection Services as follows:
Contractor shall automatically enroll Customers in Yard Trimmings Collection Services.
However, Customers may elect to opt-out of Yard Trimmings Collection Services at the time
of the initial sign-up for services or by contacting the Contractor.
Customer’s may elect to opt-out of Yard Trimming Collection Services at any time however,
the effectivity date for such change in service and corresponding reduction in the monthly
cost shall in accordance with Attachment 1, attached hereto and incorporated herein by
reference.
• In the event a Customer elects to opt-out of the Yard Trimming collection services, the
Customer’s monthly cost shall be reduced in accordance with the Pricing Sheet (Exhibit
B).
o Contractor shall collect Yard Trimmings from Yard Trimmings carts provided as part
of this Agreement.
▪ Contractor shall collect Yard Trimmings in the cart only (no loose materials will be
accepted).
• Unless the Customer opts out of Yard Trimmings Collection Services, Contractor shall
provide Customers a Large Cart for Yard Trimmings Collection Services.
o Customers may select a Medium Cart for no change in their monthly cost subject to
Section 4.1 of the Agreement.
• Contractor shall collect Yard Trimmings weekly from April 1st through November 30th
each year.
• Contractor shall collect Yard Trimmings on the same day as Solid Waste and Recyclable
Materials collection.
• Contractor shall deliver Yard Trimmings to A-1 Organics or Ewing Landscape Materials.
o Contractor shall receive prior written approval from the City Representative to take
materials to a facility other than A-1 Organics or Ewing Landscape Materials.
• Yard Trimmings may not be landfilled unless load is rejected from the Yard Trimmings
destination due to contamination. If that occurs, Contractor shall notify City
Representative via email within one (1) business day with details of the incident / cause
of the contamination. Contractor shall also include details and cause of the
contamination incident in the regular report to the City Representative.
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Table 2
MINIMUM LIST OF YARD TRIMMINGS TO COLLECT
Brush & Limbs (Up to 3” diameter and length to fit in in the cart with lid
closed)
Grass Clippings
Leaves
Garden Trimmings / Weeds / Plant Material
Yard Trimmings Contamination
The Yard Trimmings contamination threshold shall be ten percent (10%) by volume. When
the Contractor encounters a cart with ten percent (10%) or more contamination through
visual inspection of the cart, the Contractor shall:
• Photograph the item(s) in the cart.
• Affix an appropriately marked service tag to the Customer’s Yard Trimmings cart.
• Not service the cart until the contamination is removed.
• Contractor may leave the cart un-serviced until the regularly scheduled service day that
follows the removal of the contamination.
• The following regularly scheduled service day, the Customer may set out twice the
regular volume of Yard Trimmings for no additional charge to account for the prior
missed service. In this circumstance, Yard Trimmings may be placed in paper yard
waste bags and shall not be considered overflow Yard Trimmings.
• If the Customer has not removed the contamination by the next regularly scheduled
service day, the Contractor shall affix a service tag to the cart, service the cart as Solid
Waste, and charge the Customer the equivalent overflow Solid Waste fee.
3.4 Periodic Residential Bulky Items Collection
Bulky Items Collection Services
The Contractor shall provide Bulky Items Collection Services as follows:
• Collection on an on-call basis.
• Collection within five (5) business days of request.
• Collection need not be on the same day as regular Solid Waste services.
• Contractor shall utilize a rear load truck to provide Bulky Items Collection.
• Contractor will provide periodic educational outreach to Customers in the City to
encourage reuse of Bulky Items.
• Contractor shall track the number of and types of items collected (in categories mutually
agreed upon by the Contractor and the City Representative).
• As part of the Collection Services cost, Customers may request collection of up to two
(2) No Additional Fee Bulky Items per calendar year for no additional charge. Customers
requesting collection of more than two (2) No Additional Fee Bulky Item collections per
calendar year shall pay the price stated in the Pricing Sheet (Exhibit B) for any additional
No Additional Fee Bulky Items.
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o No Additional Fee Bulky Items
Shall include common household items, including but not limited to non-freon
containing appliances and furniture, excluding the following:
▪ Excluded Waste
▪ Hazardous Waste
▪ Electronics
▪ Yard Trimmings
▪ Recyclable Cardboard
▪ Items that weigh over 60 pounds
▪ Items larger than 6’ x 6’
o Additional Fee Bulky Items
Shall include items for which Customers will be charged an extra fee, per the
pricing stated in the Pricing Sheet (Exhibit B).
3.5 Dumpster Service for Multi-Unit Residential and Commercial Customers
At the City’s discretion and with 90 days advance written notice of the City Representative,
the Contractor shall offer Dumpster service for Solid Waste and Recyclable Materials
pursuant to the terms of this Agreement. As determined by the City, this service offering may
be made available to Residential Units, multi-unit residential buildings, or commercial
buildings that opt in to receive such Dumpster service by Contractor. Pricing for such
Dumpster services shall be as stated in the Price Sheet (Exhibit B).
3.6 Other Services or Additional Material Collections or Other Ways to Improve Program
The Contractor may identify at any time and propose to the City to offer other services or
collect additional materials to improve the program subject to the following:
• Such supplemental service(s) enhances services under the City’s Agreement and
supports the City’s sustainability goals.
• Collection is compliant with the terms of the City’s Agreement and all local, state and
federal laws and regulations.
• Materials are managed at an appropriately licensed / permitted facility.
Any additional services or additional materials collected are subject to the City’s prior written
approval at the City’s sole discretion.
4.0 OPERATIONAL SPECIFICATION
The Contractor shall provide all resources, equipment, and personnel necessary to perform
all services described herein.
4.1 Carts
The Contractor shall purchase, assemble, and deliver all Solid Waste, Recyclable Materials,
and Yard Trimmings carts.
Cart ownership will transfer to the City at the end of the Agreement Term subject to Section
5 of the Agreement.
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The cost of the carts is included in the monthly rates as stated in the Pricing Sheet (Exhibit
B). The Customer’s bill shall not include a separate itemized line-item price for carts.
Carts shall be new, wheeled units that meet the following criteria:
• The cart body and lid shall be distinct for Solid Waste, Recyclable Materials and Yard
Trimmings carts. Cart colors shall be:
o Grey for Solid Waste (CL.GRY.1).
o Blue for Recyclable Materials (CL.BLU.1).
o Green for Yard Trimmings (CL.GRN.1).
• Cart sizes available must be consistent with service levels in Section 3.
• Carts must be compatible with industry standard collection equipment.
• Carts shall be manufactured with a minimum of ten percent (10%) residential post-
consumer recycled plastic content based on the weight of the entire mass of the body,
lid and wheels.
• Radio Frequency Identification (RFID) tags must be embedded in carts at the time of
manufacturing.
• Carts shall be hot-stamped with City logo and contact phone number. The lids of
Recyclable Materials and Yard Trimmings carts shall have in-mold labeling of full-color
guidelines for acceptable/unacceptable materials.
o The City Representative will provide information and artwork for hot stamp and in-
mold label guidelines printing.
o Contractor logos and information shall not be included on carts other than temporary
labeling approved by the City Representative.
• Carts shall be purchased from Schaefer and shall be model numbers 95Q.0R0,
65Q.0R0 and 35Q.0R0.
• Schaeffer shall provide a 10-year warranty on the carts purchased pursuant to this
Agreement which shall transfer to the City simultaneous with the transfer of the cart
ownership at the end of this Agreement Term.
Grant Funding
The City has secured $15 per Recyclable Materials cart in grant funding from The Recycling
Partnership to offset part of the Recyclable Materials cart cost. The price stated in the
Pricing Sheet (Exhibit B) has been reduced by an amount equal to this grant funding.
Once the City has received the grant funds, the City Council has appropriated such funds
and the City has confirmed delivery of the carts, the City shall authorize the Contractor to
initiate an invoice for such grant funds. The Contractor shall then invoice the City for an
amount equal to the grant funding. Invoices should be emailed to invoices@fcgov.com with
a copy to the City Representative. Pay terms shall be Net 30 days from the date of the
invoice.
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The City may continue to seek grant funding to offset other cart costs. In the event the City
secures additional grant funding, the price for services shall be reduced by an amount equal
to the additional grant funding provided by the City.
Cart Exchanges and Replacement
Initial Service Start-Up:
• Contractor shall provide an appropriately sized and equipped fenced, secured
location to utilize during cart assembly and delivery. The Contractor shall notify the
City Representative in writing as soon as reasonably possible once the site has been
identified.
• Contractor shall provide a second appropriately sized and equipped fenced, secured
location to store Contractor’s legacy carts and other haulers’ carts. The Contractor
shall notify the City Representative in writing as soon as reasonably possible once
the site has been identified…
• Contractor shall collect existing Republic Services or Gallegos carts from their
customers simultaneous with delivery of carts for Collection Services. Subject to
written agreement with other licensed haulers, Contractor shall collect other haulers’
existing carts from their customers simultaneous with delivery of carts for Collection
Services unless otherwise mutually agreed in writing by the Parties.
o All collected carts shall be transported to the secure storage location agreed
upon by the City Representative and Contractor.
o The City Representative shall use commercially reasonable efforts to support
communication between the Contractor and other licensed haulers.
• Contractor shall deliver new carts simultaneously with the old cart removal unless
otherwise mutually agreed in writing by the Parties.
• Contractor shall scan the RFID in each cart and the related serial number at the point
of delivery and confirm the carts delivered are the correct size and type requested by
each Customer.
o Throughout the duration of this Agreement, Contractor shall maintain a
current database of the serial number of each cart and the affiliated address,
along with the Customer’s name, phone number, email address and billing
address. With thirty (30) days’ advance written request by City, Contractor
shall send City the information contained in the database in a mutually
agreed-upon format. As part of Contractor’s subcontract with Schaefer,
Contractor will provide information correlating each serial number with its
corresponding RFID within reasonable time upon request.
• Contractor shall affix information to carts at the time of delivery.
o The information shall include but is not limited to guidelines and a service
calendar. The information shall be designed collaboratively by the City and
the Contractor with final written approval by the City Representative.
o The Contractor shall pay all printing and any other costs (such as cost for
attaching to carts at delivery etc.) for the information.
• Contractor and the City Representative shall agree in writing to the cart deployment
and collection schedule at least ninety (90) days prior to cart delivery and collection.
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• Contractor shall recycle all unusable Republic Services carts and carts labeled as
Gallegos Sanitation.
• Contractor shall provide Cart delivery and collection of Contractor’s and Gallegos’
Carts, and subject to written agreement between the Contractor and other haulers,
such haulers’ Carts. Such service shall be performed at no charge to the Customer.
• Upon receipt of a Customer complaint that Contractor delivered the incorrect size or type
of cart, Contractor shall deliver correct carts and remove incorrect carts by the next
scheduled service day for such waste stream.
Ongoing:
• Contractor shall provide up to two (2) delivery / exchange / repair instances per service
address per year for no additional charge. Each instance could involve one or more carts
for the following reasons:
o Initial delivery of carts when a new Customer starts service.
o Collection of carts when a Customer ends service.
o Repairing or replacing broken or missing carts.
o Exchanging carts for a different service size.
o Cart delivery or exchange for any other reason.
Contractor can charge Customer a delivery / exchange fee for delivery / exchange / repair
needs beyond two instance per year. The cart exchange fee for such instances is
included in the Pricing Sheet (Exhibit B).
• Contractor shall deliver, exchange or collect carts by the next service date for the
applicable waste stream.
• Contractor shall maintain at least two percent (2%) surplus inventory for each size
and type of cart utilized as part of this Agreement. Contractor shall monitor cart
inventory daily. Contractor shall ensure adequate inventory of carts at all times.
• Cart inventory utilized as part of this Agreement shall be securely stored within
Contractor’s fenced property.
Cart Maintenance
Contractor shall provide routine cart maintenance, repair and replacement.
Contractor shall:
• Maintain carts graffiti-free and in good working condition.
• Repair any damaged carts that can reasonably be returned for regular service.
• Replace carts that cannot reasonably be repaired.
• Recycle any decommissioned carts.
4.2 Collection Vehicles
The Contractor shall provide all vehicles and equipment needed for Collection Services in
an efficient and environmentally sensitive manner.
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Collection Vehicles
Collection vehicles used to provide Collection Services for this Agreement shall meet the
following criteria:
• Be 2018 model year or newer.
• As applicable, have functioning diesel exhaust aftertreatment systems.
• At least 50% of the diesel collection vehicles shall meet US16 Emission standards.
• At least 45% of the diesel collection vehicles shall have certified clean idle engines.
Contractor shall not purchase and/or transfer from another location any additional diesel
trucks for use in Collection Services for this Agreement. Both Parties acknowledge vehicles
may need to be transferred due to a vehicle collision or equipment failure. All new trucks
purchased and any replacements for trucks retired from service shall be RNG-fueled or
electric trucks.
Contractor shall provide an adequate fleet size of vehicles required to perform the services
hereunder.
Contractor shall conduct a pilot utilizing at least one electric collection vehicle for as long as
reasonable for the duration of this Agreement. With mutual agreement, Contractor and the
City may pursue additional electric collection vehicles within the Term of this Agreement.
Details of vehicles anticipated to be utilized as of the Service Commencement Date as well
as replacement criteria and schedule are in Attachment 4.
Fuel
Contractor shall construct RNG fueling infrastructure that shall be operational by the Service
Commencement Date and for the duration of this Agreement. Contractor shall secure RNG
credits to utilize at least 98% RNG for all natural-gas-fueled collection vehicles utilized for
Collection Services.
Contractor shall construct at least one electric charging station at Contractor’s Fort Collins
facility by the Service Commencement Date to support the electric collection vehicle pilot
project.
Preventative Maintenance and Repairs
Contractor shall conduct preventative maintenance to ensure that collection vehicles are
available to provide Collection Services, including at a minimum the following:
• Every collection vehicle shall be inspected and lubed according to the following
schedule.
o Every 150 hrs. for automated and front load trucks (Approximately every 12-15
days of use).
o Every 250 hrs. for rear load trucks. (Approximately every 20-25 days of use).
• Hydraulics shall be maintained sufficiently to prevent hydraulic fluid leaks.
• Seals on trucks shall be regularly replaced to prevent material leaks.
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Overweight vehicles
Contractor shall track vehicle weights on an ongoing basis. Routes shall be designed to
support collection vehicles remaining under legal weight limits.
Weight tickets from disposal facilities shall be retained for a minimum of six months.
Instances of overweight vehicles shall be included in the regular report to the City
Representative.
4.3 Collection Personnel
The Contractor shall maintain staffing levels required to support the Collection Services on
the schedules set forth herein. The Contractor shall maintain a current Department of
Transportation (DOT) compliance policy. Such policy shall be subject to audit and review by
the City with reasonable prior notice.
At a minimum, all vehicle drivers shall be:
• Licensed by the State of Colorado with a valid Class B Commercial Driver License
(CDL) with air brakes endorsement.
• Alert, careful, courteous and competent.
• Appropriately trained in operations and safety measures.
• Provided with appropriate communication tools and Personal Protective Equipment
(PPE).
4.4 SAFETY
Safety Program
The Contractor shall embrace a culture of safety to include a documented safety
program for the Collection Services. The safety program must include at a minimum the
following:
• Health and Safety Training.
• Employee/Management Responsibility.
• Hazard Recognition and Control.
• Incident Reporting and Investigation.
Tracking and Reporting
The Contractor shall track and report to the City Representative on an annual basis its
Experience Modification Rate (EMR) and OSHA Total Recordable Incident Rate (TRIR).
The calculation for TRIR is as follows:
TRIR Number of recordable cases X 200,000
Number of hours worked
Contractor shall notify the City Representative in writing within 24 hours in the event of a
serious accident involving injury.
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Contractor shall provide a summary of any incident report and investigation for any accident
or infraction as well as any follow up actions taken to resolve situation or prevent in the
future in the regular report to the City Representative.
Vehicle Safety
Contractor shall ensure, when operational, all collection and transfer vehicles:
• Have covered loads.
• Be kept in good repair and appearance.
• Be clean and sanitary.
• Be compliant with all local, state, and federal safety and inspection regulations.
Contractor’s drivers shall conduct pre- and post-trip inspections daily and shall identify any
issues in a written vehicle condition report.
Any collection vehicle deemed unsafe or not legal to operate shall be removed from service.
Contractor collection vehicles shall have dash cameras, back up cameras, and software with
real-time GPS tracking.
Spill Response
Any vehicle leaks or spills shall be cleaned up as soon as possible and no later than 24
hours after occurrence.
Contractor shall clean up any spills or litter caused by collection or transportation, regardless
of whether it is on public or private property.
Cell Phone Usage
No driver of a Contractor vehicle operating in furtherance of this Agreement shall use a cell
phone when the vehicle is moving.
4.5 Collection Schedule, Missed Collections and Blocked Carts
Hours and Holidays
All collections shall be conducted between 7 a.m. and 7 p.m. Monday through Friday and 7
a.m. to 7 p.m. on Saturdays during any week with a holiday or due to severe weather.
No collections shall occur on Sundays or holidays unless expressly authorized by the City
Representative.
Holidays observed shall be New Year’s Day, Memorial Day, July 4th, Labor Day,
Thanksgiving Day and Christmas Day. The date on which each holiday is observed shall
follow the schedule of the disposal facilities utilized by the Contractors.
Severe Weather Protocol
On days when the City closes or declares a late start due to severe weather or other
emergency, the Contractor may suspend or delay service without prior approval of the City.
The City will post such notification at fcgov.com by 5 a.m. Mountain Time.
In situations where the Contractor seeks to suspend or delay service, but the City has not
closed its facilities or declared a delayed start, Contractor must notify the City
Representative in writing by 7 a.m. Mountain Time of the basis for the service suspension
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for that day. Contractor shall use commercially reasonable efforts to avoid any service
suspension or delay.
Contractor shall collect any missed collections due to suspended service within one
calendar day of the resumption of service (as determined by Contractor) unless otherwise
approved by the City Representative. The resumed service may cause a similar delay to
other service days throughout that service week. (For example, if service is suspended on a
Tuesday and resumes on Wednesday, the Tuesday Customers would be serviced on
Wednesday and so on, including Friday collections taking place on Saturday.)
If severe weather requires a service suspension of two or more days in length, Contractor
may delay service of the necessary service days until the following regularly scheduled
service day (for instance, if service must be suspended on Monday and Tuesday, Monday
Customers’ service may be delayed until the following service day so that Tuesday
Customers would be serviced on Wednesday and so on, including Friday collections taking
place on Saturday.)
If multi-day service suspensions take place over the course of multiple weeks, Contractor
shall adjust which day of service is delayed for one week. Any one service day shall not be
delayed for more than one week (i.e. if storms take place on two Wednesdays in a row,
Wednesday customers may have service delayed to the following week, but in the second
week Thursday customers would be delayed so that no one set of customers is without
service for any longer than two weeks).
Missed Collections
Contractor shall resolve any missed collection issues within one (1) business day if the
missed collection is reported by 4 p.m. Missed collections reported after 4 p.m. shall be
serviced within two (2) business days.
o Excluding delays associated with service suspensions.
o Excluding instances where Customer had late set-out, blocked cart or excessive
contamination.
• Contractor shall photograph when carts are not set out by the service time.
Blocked Carts
If the Contractor cannot access a cart to service it, the Contractor shall:
• Photograph the cause of the issue.
• Affix an appropriately marked service tag to the blocked cart(s). If attaching a tag is not
feasible / practical, Contractor shall contact the Customer via text, email, or phone call to
notify them of the problem and when their cart(s) will next be serviced.
Contractor may leave the cart(s) un-serviced until the next regularly scheduled service day
that follows the removal of the situation blocking access to the cart(s).
The following regularly scheduled service day, the Customer may set out twice the regular
volume of materials for no additional charge to account for the prior missed service. In this
circumstance, materials equivalent to the regular service level shall not be considered
overflow and Customer shall not be charged extra.
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If the blockage remains on the next regularly scheduled service day, Contractor shall notify
the City Representative and does not have to service the location until the blockage is
addressed.
4.6 City and Contractor Responsibilities During Transition Period and Beyond
City Responsibilities
• Collaborate with the Contractor to design public notifications and service tags for the
Collection Services.
• Provide information and artwork for cart hot stamps and cart lid in-mold labels.
• Help to resolve questions while Contractor develops service address list.
• Determine whether HOAs with existing hauling contracts comply with City requirements
(and thus are exempt from the City’s residential waste collection program under Section
12-29 of the City Code) and share that information with the Contractor.
• Provide a phone number that shall be routed to the Contractor and that the Contractor
shall use for all customer service inquiries, requests, complaints and other as related to
this Agreement. The City will retain all rights to the phone number. Contractor will assist
to transfer the phone number to the City or next selected contractor at the end of the
Agreement Term.
• The City Representative shall use commercially reasonable efforts to support
communication between the Contractor and other licensed haulers during the time that
Republic legacy and other haulers’ carts are being collected.
• Establish Customer billing rates based on the contract pricing and the Administrative
Fee.
Contractor Responsibilities
Contractor shall:
• Develop, produce and distribute public notifications to Customers.
o Contractor shall collaborate with the City Representative to design the public
notifications and City Representative shall have final approval authority.
o Contractor shall distribute public notifications at the following times at a minimum.
▪ During the initial start-up period.
▪ When new Customers start service (after the service start-up period).
▪ When Customers change service levels at any time.
▪ Annually to all Customers at a time agreed upon with City Representative.
o The notification shall be in a multi-color, user-friendly format with any text in both
English and Spanish and shall include:
▪ Available service levels and rates.
▪ Annual collection calendar.
▪ Set-out times and locations.
▪ Directions for changing service levels, managing overflow Solid Waste,
contamination, and requesting additional services.
▪ Guidance on acceptable and unacceptable materials in Recyclable Materials and
Yard Trimmings carts.
• Develop service address list.
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• Facilitate and manage Customer cart size selection.
o Customers shall be able to select their cart sizes via any of the following options: a
Fort Collins-specific page on RepublicServices.com, through the mail, or over the
phone.
• Conduct all billing set-up with Customers.
• Develop and distribute a collection calendar(s) for all Customers.
• Produce service tags to address situations such as blocked carts, Solid Waste
overflows, contaminated Recyclable Materials or Yard Trimmings, or other conditions
that impact service or safety. The City Representative shall have final approval authority
of the service tag design. Tags shall:
o Include text in English and Spanish.
o Be made of durable, water-resistant material that can be written on.
o Be printed with one (1) color.
o Have a mechanism for temporary attachment to carts.
o Be a minimum size of 5” x 10”.
• Remove all existing carts from Customers at no additional cost simultaneous with new
cart delivery per Section 4.1.
• Provide all other services stated in this Agreement and/or required to provide Collec tion
Services in accordance with the terms of the Agreement.
4.7 Customer Billing
All Customer billing shall be conducted by the Contractor.
Customer rates will be established by the City based on the pricing stated in Exhibit B and
Administrative Fee.
Contractor portion of rates and fees shall remain unchanged during each Service Year
unless otherwise approved by an amendment to this Agreement.
Customer bills shall be on a quarterly schedule and shall be assessed in advance.
Contractor shall charge all Service Opt-Out Customers the XS Cart service price and the
Administrative Fee.
All Customer bills shall include the following:
• Applicable Collection Services rates as one line item (i.e. Recyclables Materials, Yard
Trimmings and Bulky Items collections shall not be separate line items).
• Separate itemization of any fees accrued by the Customer for overflow Solid Waste,
contamination, Bulky Items collection and any other fees approved by the City.
o The only charges allowed on Customer bills are those described in this Agreement.
• Administrative Fee(s) may be itemized separately or included with the Collection
Services price at the City’s discretion. If itemized, the City Representative will provide
text to be included on bills.
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• Bills shall include text in Spanish providing Customers with directions for how to receive a
Spanish translation of their Bill. During the Agreement Term, the Contractor will seek the
capability to provide Customer bills in Spanish upon request.
4.8 Customer Service and Education
All customer service functions shall be provided starting in the Transition Period and shall
continue through the Agreement Term.
Customer Service Representatives
Prompt customer service from representatives who understand Fort Collins’ program is very
important to the City.
Contractor shall have a sufficient number of qualified and experience customer service
agents who possess comprehensive working knowledge of Fort Collins neighborhoods and
the specific details of services, rates, and applicable provisions of the Agreement available
at the specified times to service Customers. These customer service agents will work in
Contractor’s Colorado Pod and service Fort Collins and Colorado generally, with priority
given to Customer contacts.
During times of high call volume, Customer contacts may roll over to Contractor’s Northwest
area pod representatives.
Customer Service Hours
Customer service staff dedicated to Customers under this Agreement shall be available at a
minimum from 7:30 a.m. to 5 p.m. Mountain Time (MT) Monday through Friday.
Northwest area pod customer service agents shall be available additional hours of 5 p.m. to
6 p.m. MT Monday through Friday and 8 a.m. to 1 p.m. MT Saturdays.
Customer Queries and Complaints
Contractor shall:
• Address all issues directly and strive for a one call resolution to Customer and Service
Opt-Out Customer needs.
o The City shall not be the default customer service provider.
• Answer Customer contacts primarily with live personnel.
o When call volume is unexpectedly high and live personnel are addressing other City
queries, Customers may opt to receive a call back while holding their place in the call
queue.
• Provide an option for Customers calling after hours to leave a voice mail message;
Contractor shall respond to Customer query within one (1) business day.
• Maintain an average hold time of three (3) minutes or less for customer service over the
phone.
• Maintain an average abandonment rate of less than three percent (3%) of customer calls
for customer service over the phone.
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• Offer Customers the opportunity to take an optional three (3) question survey at the end
of a call with a customer service agent. The survey questions will be mutually agreed
upon by the Parties.
o Responses to the survey from Fort Collins Customers shall be included in the regular
report to the City Representative.
• Resolve any other Customer or City complaints within two (2) business days.
• Resolve all complaints and requests to the satisfaction of Customers and the City
Representative.
Subject to Customer’s consent, City shall have access to the recording of any phone
customer service interactions and/or written communications with a Customer upon request.
Contractor shall retain phone recordings for ninety (90) days from the date of the interaction
and written correspondence for six (6) months from the date of the correspondence.
Contractor shall obtain any required consent of Customers and Service Opt-Out Customers
to provide this information to the City Representative.
Public Outreach and Education
The City will conduct comprehensive public outreach and education activities throughout the
Agreement Term. The Contractor shall support these efforts by:
• Producing and distributing Customer notifications as described in Section 4.6.
• Maintaining a Fort Collins-specific website page(s) with the same information required
for Customer notifications.
• Providing Customers with the ability to request service changes online (such as start /
stop service, cart size change, Bulky Items collection, report a missed collection, opt out
of Yard Trimmings collection etc.).
• Providing service tags and utilizing them as described in this Agreement.
• Providing the City Representative with information that will impact Customer service at
least thirty (30) days before any changes go into effect.
o Including changes in accepted Recyclable Materials or Yard Trimmings, equipment,
routing, collection schedule etc.
4.9 Regular Reports
All reports shall be submitted electronically in a format and with a level of detail that is
acceptable to the City Representative.
Each report shall include information since the last report (monthly / quarterly / annual).
Monthly reports shall be submitted within 15 days of the end of the month. Quarterly and
annual reports shall be submitted within 30 days of the end of the month / quarter / year.
Information within each topic area shall be sorted by Customer address unless otherwise
specified below.
For the purpose of this section, service type shall mean Solid Waste, Recyclable Materials,
or Yard Trimmings.
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All reporting periods shall be based on a calendar year.
The City reserves the right to request additional information mutually agreed up on by the
City Representative and the Contractor.
Reports shall include the following:
Immediate Reporting
Contractor shall notify the City Representative via email within twenty-four (24) hours in the
event of a serious accident involving injury or death.
Contractor shall notify the City Representative via email as well as spill@fcgov.com in the
event of any spill that enters a storm drain inlet or any significant spill.
Contractor shall send a report to the City Representative within one (1) business day if /
when any of the following occur:
• Contaminated loads of Recyclable Materials or Yard Trimmings that include materials
from Customers that are rejected from processing facilities.
o Include date, service type, contamination type, situation that caused contamination,
and any other relevant details.
• Prohibited materials in carts or blocked carts that are not corrected within one (1) week
by Customer.
Monthly Report
• Materials collected.
o Scale-based weight data for Solid Waste, Recyclable Materials, Yard Trimmings
and Bulky Items collections, including facilities where they were delivered for
reuse, recycling, composting, disposal or other management.
▪ The weight of City materials in any mixed loads that also includes non-City
Solid Waste can be estimated using methodology acceptable to the City.
▪ If materials were delivered to more than one (1) facility, include the scale-
based weight data for each facility.
• Customer complaints.
o Include date of complaint, service address, complaint type, resolution, and date
resolved.
o For purposes of this report, a complaint is any customer contact other than a service
change or information request.
▪ Contractor and the City Representative will develop list of complaint types
that are mutually agreeable, and they may include missed collection, unsafe
driving, spills, operating outside permitted hours, customer service phone call
hold times, other customer service issues, etc.
• Missed collection.
o Date of missed collection, date of resolution, service type missed, service
address, and whether missed collection was due to Contractor or Customer (i.e.
late set out, blocked cart etc.).
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• Contaminated loads of Recyclable Materials or Yard Trimmings rejected from
processing facilities.
o Include date, service type, contamination type, situation that caused contamination,
and any other relevant details.
• Accidents or infractions.
o Provide a summary of any incident report and investigation for any accident or
infraction as well as any follow up actions taken to resolve situation or prevent in the
future.
Quarterly Report
• Number of Customers receiving Collection Services through the City contract.
• Financials.
o Amount of Administrative Fee collected for remittance to the City.
o Any known performance violations and associated liquidated damages to be
remitted to the City.
o Fees charged for the quarter sorted by fee type.
o Number of accounts over 90 days delinquent.
• Special service situations and fees assessed.
o Include the incident date, service address, incident resolution and fee charged for
the following incident types:
▪ Overflow Solid Waste.
▪ Prohibited items in Solid Waste carts (such as Recyclable Cardboard,
Electronics, etc.).
▪ Blocked carts.
▪ Contaminated Recyclable Materials carts.
▪ Contaminated Yard Trimmings carts.
• Bulky Items collection.
o Service address, date service request received, date of bulky item pick up, and
number of items by type (in categories agreed upon by Contractor and the City
Representative)
• Customer service.
o Number of customer communications.
▪ Include date and type of customer service (complaint, service change, or
information request).
o Percent of phone calls answered via roll over to Northwest area pod or national
staff.
o Summary of Customer responses to customer service survey.
o Percent abandoned phone calls.
o Average hold times for phone calls.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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o Average number of phone calls per time of day.
▪ Contractor and the City Representative shall mutually determine time categories,
such as before 8 am, 8am-11am, 11am-1pm, 1pm to 3pm, 3pm -5pm, 5-6pm,
after 6pm.
• Cart activity (includes deliveries, replacements, repairs, removal or exchanges).
o Include type of cart, type of action (delivery, repair, replacement, removal,
exchange), request date, completion date, and service address. If Customer is
changing cart size, include the initial and new cart size.
• New opportunities: any new opportunities identified by Contractor to decrease
materials landfilled, increase reuse, recycling or composting of materials.
• Number of Customers opting out of Collection Service.
Annual Report
• Annual average of the number of Customers receiving Collection Services through
the City contract.
• Monthly scale-based weight data for Solid Waste, Recyclable Materials, Yard
Trimmings and Bulky Items collections, including facilities where they were delivered
for reuse, recycling, composting, disposal or other management for each month of
the year.
• Annual summary of the number of the following:
▪ Missed collections by Contractor*.
▪ Missed collections due to Customer (late set-out, blocked cart etc.)*.
▪ Number of contaminated loads of Recyclable Materials or Yard Trimmings
rejected by processor with brief notes of the cause.
▪ Carts delivered, repaired, replaced, removed or exchanged, sorted by activity
type as a number and as a percentage of carts serviced by Contractor’s
Collection Services.
* Express these data points as a raw number and as a percentage out of all the
Customers receiving Collection Services through the City.
• Annual summary of each of the following Financials.
▪ Amount of Administrative Fee remitted to the City.
▪ Amount of liquidated damages remitted to the City.
▪ Amount of fees charged, sorted by fee type.
▪ Collection Services rates charged to Customers.
• Summary of Bulky Item material collection by item type.
• New opportunities: any new opportunities identified by Contractor to decrease
materials landfilled, increase reuse, recycling or composting of materials.
Available to City Upon Request
• Customer and service level details.
o Customer name, service address, billing address, phone number, Customer
email, cart serial number and related cart sizes per service type.
• Customer invoice.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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• Time and date stamped photograph of any incident of a late set out, overflow solid
waste, prohibited item in Solid Waste cart, blocked cart, contaminated Recyclable
Materials cart, contaminated Yard Trimmings cart.
• Recording of customer service interactions over the phone (must be retained for
ninety (90) days after interaction).
• Copy of written customer service interactions (must be retained for six (6) months
after interaction)
Quarterly Meeting
City Representative and Contractor contact shall meet quarterly to review and discuss
Contractor performance. Either Party may also invite additional staff members as
appropriate.
Records Retention and Auditing Rights
The Contractor shall maintain all records for a minimum of three (3) years from the end of
the Agreement Term and any extension, with the exception of phone customer service
interactions, which shall be retained for at least ninety (90) days and written customer
service interactions, which shall be retained for at least six (6) months from the interaction.
Contractor shall retain records of tip fees paid during the Agreement Term for a minimum of
three (3) years from the end of the Agreement Term and any extension.
Contractor records shall be available at all reasonable times for inspection by the City,
including records of tip fees paid.
The City will retain full auditing rights of the Contractor’s accounting records as they pertain
to this Agreement.
Materials to Provide to City Near the End of Agreement Term
Contractor shall provide documentation certifying transfer of ownership of carts and of cart
warranty to the City Representative within 30 days from the end of the Agreement Term.
Contractor shall provide the following to the City Representative within 30 days of the end of
the Agreement Term:
• Customer name, service address, billing address, phone number, Customer email, cart
serial and related cart sizes per service type to the City in Excel or other electronic
format acceptable to both Parties.
4.10 Solid Waste, Recyclable Materials and Yard Trimmings Composition Analysis
If the City or any agent hired by the City conducts a composition analysis of Solid Waste,
Recyclable Materials, Yard Trimmings or other materials, the Contractor shall support by
diverting loads identified by the City Representative or their agent to the designated sort site
(within Larimer County) during the composition analysis and any significant additional cost
shall be negotiated by the Parties in good faith.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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4.11 Contractor Compensation
Service Price Changes
The City agrees that the Contractor’s pricing as stated in Exhibit B may be adjusted
annually beginning on the first anniversary of the Service Commencement Date and
annually thereafter, except in instances when performance violations on contract non-
compliance issues are unresolved.
The adjustment will be three percent (3%) annually effective on the anniversary date of
the Service Commencement Date.
Uncontrollable Cost Increases or Decreases
On an annual basis beginning on the first anniversary of the Service Commencement
Date the Contractor may petition the City for an additional pricing adjustment due to
uncontrollable costs limited to disposal or processing tip fee increases or changes in
applicable regulations. The Contractor shall petition the City at least ninety (90) days
prior to the anniversary date.
Price adjustment petitions developed by the Contractor for tip fee increases shall include
written documentation of tip fees for all materials collected in Collection Services as of
the time of the application as well as an average over the last twelve (12) months.
The petition shall consider decreases in other tip fees as a potential counterbalance for
other uncontrollable costs.
Any pricing change under this subsection shall be effective on the anniversary of the
Service Commencement Date.
Any petition shall include documentation to justify how the cost increases exceed the three
percent (3%) per year standard increase.
The City reserves the right, as a condition of approval, to inspect Contractor financial
records that justify a change in the pricing.
The City has no obligation to approve any petition but acknowledges uncontrollable costs
may occur and intends to negotiate with the Contractor in good faith without unreasonable
delay. In the event the Parties are unable to agree on such uncontrolled costs the pricing
shall increase 3.5% inclusive of the increase stated in Service Price Changes stated above
and either party shall have the right to terminate the Agreement with twelve (12) months
written notice.
4.12 Administrative Fee and Liquidated Damages Remittance
The Contractor shall collect the Administrative Fee through Customer billing on behalf of the
City. Contractor shall remit the Administrative Fee and liquidated damages from
performance violations to the City Representative within thirty (30) calendar days of the last
day of the calendar quarter via check made out to the City of Fort Collins.
5.0 CONTRACTOR PERFORMANCE
5.1 Performance Standards & Liquidated Damages
Performance standards and liquidated damages for non-compliance to the Agreement
requirements are stated in Table 3.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
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The liquidated damages stated in Table 3 are reasonable estimates as to the dollar amount
of damages incurred in relation to each offending act or omission. The City may assess
liquidated damages regardless of whether the Contractor has met or is meeting the related
performance standards percentages stated in Table 3. The liquidated damages are not
intended as a penalty and the assessment of liquidated damages shall not be deemed a
default except in the event the Contractor fails to cure in accordance with the Agreement.
During the Agreement Term, the Contractor shall sustain the performance standards stated
in Table 3. In the event the Contractor fails to sustain the stated performance standards
and/or is not in compliance with the terms of the Agreement, the City may deem the
Contractor to be in default in accordance with the provisions of Section 20.
In the event of non-compliance, the City shall notify the Contractor in writing of the basis for
each assessment of liquidated damages. City shall work in good faith with the Contractor to
resolve any disputes related to liquidated damages.
Liquidated damages shall be due to the City on the next quarterly remittance following
assessment of the liquidated damages (per Section 4.12).
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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Table 3
PERFORMANCE STANDARDS & LIQUIDATED DAMAGES
Material Conditions for Contract Default
PERFORMANCE STANDARD
VIOLATION
LIQUIDATED
DAMAGES
CALCULATION
BASIS FOR
PERFORMANCE
STANDARD
PERFORMANCE
STANDARD
Failure to meet schedule for any
Transition Plan activity
$500 per
day Daily 100%
Failure to deliver all Solid Waste to
mutually-agreed-upon permitted
landfill, all Recyclable Materials to
the Larimer County Recycling
Center, and all Yard Trimmings to
mutually-agreed-upon facilities OR
landfilling properly source
separated Recyclable Materials or
Yard Trimmings
$3,000 per
load 1 - Load 100%
Failure to maintain required
insurance coverage
$5,000 per
incident
Insurance
expiration date 100%
Failure to maintain irrevocable
letter of credit
$5,000 per
incident
ILOC expiration
date 100%
Misrepresentation in reporting
including inaccurate Administrative
Fees or liquidated damages
$5,000 per
incident
Each Reporting
Period 100%
Contractor utilizing a driver to
provide Collection Services that
does not have a valid Class B CDL
with air brakes endorsement and
Colorado Drivers’ License and/or
is not current with DOT required
training or other DOT
requirements
$1,000 per
driver per
day
All Drivers 100%
Delayed remittance of
Administrative Fees or liquidated
damages
$500 per
day
Each Billing
Period 100%
Failure to participate in mutually
scheduled quarterly meeting
$1,000 per
incident
Each Quarterly
Meeting 100%
Failure to allow City audits or
maintain records for three (3)
years or retain customer service
phone recordings for ninety (90)
days or customer service written
correspondence for six (6) months
$3,000 per
incident
Each City Audit
or Each
Information
Request
100%
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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PERFORMANCE STANDARD
VIOLATION
LIQUIDATED
DAMAGES
CALCULATION
BASIS FOR
PERFORMANCE
STANDARD
PERFORMANCE
STANDARD
Failure to provide written notice
within 24 hours of any serious
accident involving injury or death
or significant spill the date,
description and
resolution/corrective action taken
for any vehicle accidents,
infractions, or overweight vehicles
that occurred.
$1,000 per
incident
Each Reporting
Period 100%
Failure to deliver specified loads of
material to a designated location in
support of a material composition
analysis conducted on behalf of
the City
$1,000 per
load per
audit
Annual Audit 100%
Failure to appropriately bill
Customers according to the
Agreement OR billing Customers
for fees not approved by City OR
failure to provide text in Spanish
with directions for accessing full
bills in Spanish
$300 per bill,
up to $3,000
per quarterly
billing cycle
Per Customer Bill 100%
Failure to provide dedicated
service representatives in the
Colorado Pod and NW Pod during
each respective pod’s customer
service hours in this Agreement
$500 per
day Daily 100%
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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Daily Operations
PERFORMANCE
STANDARD VIOLATION
LIQUIDATED
DAMAGES
CALCULATION
BASIS FOR
PERFORMANCE
STANDARD
REQUIRED TIME
PERIOD OR
MEASUREMENT
UNIT
PERFORMANCE
STANDARD
Collection Services taking
place before
7 a.m. or after 7 p.m. (each
route shall be separate
incident)
$250 per
incident Monthly
Collected
between
7 a.m. and
7 p.m.
98%
Failure to collect missed
collections reported by 4
p.m. within one (1) business
day or those reported after 4
p.m. within two (2) business
days (excludes late setouts
& blocked carts which shall
be collected within one (1)
calendar week) (excludes
severe weather delays,
which shall be serviced in
accordance with Section 4.5)
$150 per
Customer per
day plus one
month credit
to each
missed
Customer
Monthly Within specified
time frame 98%
Failure to deliver carts to
new Customers (after initial
service start-up) OR to
replace and/or repair
damaged/lost carts OR to
collect carts when Customer
ends service OR to deliver
correct cart type and size if
initial cart delivery was
incorrect by the next
scheduled service day
$150 per day
per cart plus
one month
credit to each
impacted
customer
Monthly Within two (2)
business days 98%
Failure to respond to
Customer queries within one
(1) business day
$250 per
incident Monthly Within one (1)
business day 98%
Failure to resolve billing
inquiries and disputes within
two (2) business days
$250 per
incident Monthly Within two (2)
Business Days 98%
Failure to maintain an
average hold time of three
(3) minutes or less for
customer service over the
phone
$500 per
month Monthly Average Less than three
(3) Minutes 98%
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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PERFORMANCE
STANDARD VIOLATION
LIQUIDATED
DAMAGES
CALCULATION
BASIS FOR
PERFORMANCE
STANDARD
REQUIRED TIME
PERIOD OR
MEASUREMENT
UNIT
PERFORMANCE
STANDARD
Failure to maintain an
average abandonment rate
of less than three percent
(3%) of customer calls for
customer service over the
phone
$500 per
month Monthly Average
Less than three
percent (3) of
Customer Service
calls
98%
Failure to clean up any
vehicle leaks or collect
materials spilled during the
execution of
Collection Services within
twenty-four (24) hours of
spill
Twice (2X)
cost of clean-
up incurred by
City
Monthly Within twenty-four
(24) hours 100%
Collection of overflow Solid
Waste, prohibited materials,
contaminated Recyclable
Materials or contaminated
Yard Trimmings without
tagging and / or charging
appropriate fee to customer
$500 per
incident Monthly Each Customer 98%
Late or incomplete
submission of
on-request, monthly,
quarterly OR annual reports
$250 per day
Monthly /
Quarterly/
Annually
Within specified
time frame 100%
Failure to cover vehicles that
contain Solid Waste,
Recyclable Materials, Yard
Trimmings or Bulky Items
OR to maintain vehicles in
clean, sanitary and good
working order
$250 per
incident Each Load Each Vehicle 100%
Failure to provide Bulky Item
collection within five (5)
business days of Customer
request
$150 per
Customer per
day plus one
month credit
to each
impacted
Customer
Monthly Within five (5)
business days 98%
Driver providing Collection
Service utilizing a cell phone
in a moving vehicle
$500 per cell
phone
infraction
Per Incident All drivers 100%
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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PERFORMANCE
STANDARD VIOLATION
LIQUIDATED
DAMAGES
CALCULATION
BASIS FOR
PERFORMANCE
STANDARD
REQUIRED TIME
PERIOD OR
MEASUREMENT
UNIT
PERFORMANCE
STANDARD
Failure to maintain required
color-coding for Solid Waste,
Recyclable Materials or Yard
Trimmings carts OR to
maintain hot-stamp labels on
all carts OR to maintain
printed material guidelines
on Recyclable Materials or
Yard Trimmings carts
$250 per cart
per day Monthly Each Cart 98%
Failure to distribute
approved notifications &
collection calendars OR to
develop/use approved
service tags
$250 per day Monthly Within specified
time frame 98%
5.2 Contactor Performance Review
The City reserves the right to conduct a full review of Contractor performance at any time during the
Agreement Term. If during the review process or any other deliberative process the City
determines the Contractor’s performance is not in compliance with the terms of the Agreement
(regardless of liquidated damages paid), the City may declare the Contractor in default and
terminate the Agreement pursuant to Section 20, Defaults of this Agreement.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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Attachment 1
Yard Trimmings Opt-In or Opt-Out Effectivity Dates
Date of Customer Notification to
Contractor Requesting to Opt-In or Opt-Out
Date Effective for Service and Billing
First Six Months after Service Commencement Date
By September 1, 2024 October 1, 2024
By October 1, 2024 November 1, 2024
By November 1, 2024 December 1, 2024
By December 1, 2024 January 1, 2025
By January 1, 2025 February 1, 2025
By February 1, 2025 March 1, 2025
By January 1 February 1
By February 1 March 1
By March 1 April 1
By April 1 August 1
By May 1 August 1
By June 1 August 1
By July 1 August 1
By August 1 December 1
By September 1 December 1
By October 1 December 1
By November 1 December 1
By December 1 January 1
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
45 | P a g e
Attachment 2
Schaefer Cart Warranty Transfer Acknowledgement
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
Schaefer Plastics North America, LLC | 10301 Westlake Drive, Charlotte, NC 28273 | schaeferwaste.com
CITY OF FORT COLLINS, CO
RE: WARRANTY TRANSFER CONFIRMATION
1/20/2023
To Whom It May Concern:
Please accept this letter as confirmation that the 10-year warranty of the Schaefer carts,
that would be purchased for the City of Fort Collins, CO contract, will transfer to the city
from Republic Services at the conclusion of the intial term of the 5-year contract. The
result will be the remaining years of warranty from cart purchases for the contract will
transfer with the asset to the City of Fort Collins, CO.
This arrangement is possible due to the partnership Schaefer and Republic Services
share, spanning over 20 years.
If there are any further questions or clarifications needed, please feel free to contact me.
We sincerely hope to partner with the city during this project for a smoothly executed
transition for the residents of Fort Collins.
Thank you,
Brett Belda
Vice President, Waste Technology Division
Schaefer Plastics North America, LLC.
Brett.Belda@ssi-plastic.com
(440) 679- 2430
46/Page
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
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Attachment 3
Transition Plan
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
Program Transition Services Updated 1/3/23 Start Date Completed Date Touch Points Assigned
Denotes a milestone.
Project Start Date Completed Date Touch Points Assigned
EV Vehicle - Pilot Program with Xcel Energy
EV Mobile Battery Charging Single Charging Station Installed 12/2022 (exp.)Q1-Q2 2023 Single HQ EV Team Republic Services
EV Truck Arrives Q3 2023 N/A Single HQ EV Team Republic Services / Kevin O'Reilly Fleet Maintenance Shop
EV Truck Show & Tell with Partners (Invite Event)Q3/Q4 2023 Ongoing Educational Events Multiple HQ Republic Services Marketing, Holli McElwee and Partner with City on Invites
Elected Officials/Staff
EV Truck to Begin Route in Fort Collins Q3/Q4 2023 Ongoing Single Kevin O'Reilly Fleet Maintenance and Austin Self Operations Manager
RNG Trucks (ASL)
RNG Infrastructure Construction Begins/Concludes Q1 2023 Q2/Q3 2024 Multiple HQ EV Team Republic Services / Kevin O'Reilly Fleet Maintenance Shop
RNG Truck Order Placed Q1/Q2 2023 Q1/Q2 2024 Multiple HQ EV Team Republic Services / Kevin O'Reilly Fleet Maintenance Shop
RNG Trucks Arrive Q3 2024 Q3 2024 Multiple HQ EV Team Republic Services / Kevin O'Reilly Fleet Maintenance Shop
Single-Hauler Communications
Monthly Coordination Meetings with City Representative 3/20/2023 9/29/2029 Monthly Holli McElwee; Austin Self; Tony Jimenz(Other Dept. Managers, As Necessary)
Press Release 1 3/21/2023 3/22/2023 Single Subject: Single Hauler Contract with Republic Services Adopted; City of Fort Collins
(RS Requests Ability to Review); Approved by City Staff
Cart Set-Out Times and Locations 5/1/2024 9/14/2024 Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
Develop Public Notifications to Customers 6/1/2023 9/14/2024 Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
Directions: Changing Service, Managing Solid Waste Overflow 6/1/2024 12/30/2024 (Ongoing)Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
Press Release 2 3/1/2024 3/15/2024 Single Subject: Ordering Carts; City of Fort Collins (RS Requests Ability to Review);
Approved by City Staff
Create Letter, Postcard, Website Landing Page - Multiple Touch Pts. 11/1/2023 12/1/2024 Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
Distribute Public Notifications to Customers 1/1/2024 2/1/2024 Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
Facilitate and Manage Customer Cart Size Collection Communications and Ordering 11/1/2023 3/31/2024 Series Out HQ Marketing, Digital, Holli McElwee, CS, Billing & Ops; Approved by City Staff
Press Release 3 5/1/2024 5/16/2024 Single Subject: Ordering Carts Reminder City of Fort Collins (RS Requests Ability to
Review); Approved by City Staff
Produce Service Tags (Oops, Contamination, Blocked Carts)6/1/2024 8/1/2024 (Ready 9/30/24)Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
Annual Collection Calendar 6/1/2024 8/7/2024 Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
Press Release 4 6/1/2024 8/15/2024 Single Subject: Program Roll-Out & Collection Service - City of Fort Collins (RS Requests
Ability to Review); Approved by City Staff
Develop and Mail the Yard Waste Recycling Guide 6/1/2024 9/1/2024 (& YOY: New Starts)Mailed & Digital HQ Marketing and Holli McElwee; Approved by City Staff
Recycle Guide 6/1/2024 9/1/2024 (& YOY: New Starts)Mailed & Digital HQ Marketing and Holli McElwee; Approved by City Staff
City of Fort Collins E-Newsletter 6/1/2024 8/30/2024 Multiple City of Fort Collins (RS Requests Ability to Review); Approved by City Staff
Annual Communications - English/Spanish - Using the App 6/1/2024 9/30/2024 (& YOY)Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
Service Levels & Rates 6/1/2024 9/30/2024 Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
New Customer Start Service Electronic Packet 6/1/2024 9/30/2024 Multiple & Series Out HQ Marketing and Holli McElwee; Approved by City Staff
Cart Hanger Postcard for Cart Deployment/New Carts Delivered 6/1/2024 10/4/2024 Placed on New Carts HQ Marketing, Holli McElwee & Schaefer; Approved by City Staff
Change of Service Levels 6/1/2024 12/30/2024 Multiple & Series Out Holli McElwee Creative; CS Containers; Approved by City Staff
Service Addresses and Orders
Meet with City of Fort Collins Environmental Services Representative By 3/30/2023 Possible Weekly Touch Pts. TBD TBD Republic's GM, Austin Self, Holli McElwee, Catherine Morrow and Area Representative
Fort Collins staff answers questions while Republic drafts a Complete Residential Address
List ***Per RFP Interview Discussion 3/31/2023 8/30/2023 (Ongoing w' Moves/Builds)Have to Determine City Staff & Republic Services Representatives
Meet with other haulers to determine if they want their carts collected along with Republic
carts 6/1/2024 9/30/2024 TBD TBD
Cross Reference the List With Republic's Existing Customer List 8/30/2023 9/30/2023 Have to Determine Republic Services Operations (Austin Self), Routing Manager and Area Team
Color Details, Hot Stamp, Artwork, City Phone #, Stream, Cart Sizes All Due 2/1/2024 2/1/2024 Single
Holli McElwee, Austin Self, Stephen Walker, HQ Marketing, City Representative and
All Approved by City Representative
Set-up All Routing for 45,500 (+-) Customers (Will Coordinate with the City on Exacts)3/1/2024 6/30/2024 Series Republic Services Operations (Austin Self), Routing Manager and Area Team
Conduct All Billing Set-Up 3/1/2024 9/20/2024 Series Out HQ Billing/Franchise Specialists, Catherine Morrow, Kathy Sommermeyer
Cart PO Placement and Order Finalization 4/1/2024 4/1/2024 Bulk Order #1 Stephen Walker and Josh Jones
Carts arrive 6/1/2024 7/1/2024
***Place 2nd Cart Order; Only if Needed; Stragler Order (Move-ins/outs, Late Orders,
HOAs or Residents or Late Adopters)5/1/2024 6/15/2024 If Needed Stephen Walker, Operations Manager and Josh Jones, Shop Supervisor
Develop and Distribute a Collection Calendar to All Customers 9/1/2024 9/7/2024 Series Out YOY HQ Marketing and Holli McElwee; Approved by City Staff
Issue OOPS Tags 9/30/2024 (Ongoing & As Need Per HH)Series Out Drivers on Route; Approved by City Staff
Hiring and Training Class B CDL Drivers
Post job openings for Class B CDL drivers. Target the Northern Colorado / Southern
Wyoming regions. Determine if out-of-area geo targeting needs to occur as we work
through the recruitment process. 6/1/2023 9/30/2024 (Ongoing)Series Out
Maria Placencio and Republic Service's Recruiter
Begin interviewing. Note: Some interviews will take place sooner or later than this date,
just depending on the candidate pool.11/1/2023 9/30/2024 (Ongoing)Series Out Maria Placencio, HR Manager, and Republic Service's Recruiter
Begin background checks and drug testing. Note: Some interviews will take place sooner or
later than this date, just depending on the candidate pool.12/1/2023 9/30/2024 (Ongoing)Series Out Republic Service's Recruiter and Outside Agency
Hire, new hire orientation and train (18+ days for training/driver).2/1/2024 8/1/2024 (Ongoing)Series Out
Karisa Sommermeyer, Ops Clerk (New Hire Orientation), Shadow Other
Departments, Operations Supervisor (Driver Training)
*Not all-inclusive of every detail. We are proposing a draft timeline, but it is our intent to sit down with the City to mutually agree upon dates, as we are using best estimates right now. We typically provide a draft and very early after signing an agreement we
sit down with the City to walk through it and make sure we are aligned on dates or changes needed.
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DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
Project Start Date Completed Date Touch Points Assigned
Drivers are route ready. Until service officially begins 9/30/24, we will utilize this pool of
drivers in other lines of business, on yard waste routes and as SOS relief drivers for other
BUs.2/19/2024 8/20/2024 (Ongoing)Series Out
Austin Self and Tony Jimenez
Post for Collection Helpers, if needed 3/1/2024 As Needed Series Out Maria Placencio, HR Manager, and Republic Service's Recruiter
City-wide contract collection services begin.9/30/2024 9/29/2024 (5-Year)Series Out All Resi Fort Collins Crew(s)
Continued driver safety training and daily huddles/crew-outs.9/30/2024 Ongoing Series Out Austin Self, Tony Jimenez, Stephen Walker, and Special Visits by Area on Occasion
Keep the Class B CDL job posting opened and candidate pool steady, as there is bound to
be natural ebbs and flows with the workforce.9/30/2024 Ongoing Series Out Maria Placencio, HR Manager, and Republic Service's Recruiter
Hiring and Training Customer Service Representatives (Republic's CRC)
Begin recruiting for 20 CRC agents.9/30/2023 11/30/2023 Series Out Depending on Applicant FlowRepublic's Recruiter and CRC Manager
Begin interviewing.12/1/2023 1/15/2024 Series Out Depending on Applicant FlowRepublic's Recruiter and CRC Manager
Begin making offers, background check, drug testing/screening.1/15/2024 2/15/2024 Series Out Depending on Applicant FlowRepublic's Recruiter and CRC Manager
Begin new hire orientation, training, onboarding, taking calls, expecting 20 agents by the
"Completed Date".2/15/2024 (Ongoing)8/15/2024 (Ongoing)Series Out Depending on Applicant FlowRepublic's Recruiter and CRC Manager
Cart Pickup and New Cart Deployment - Cart Deployment Can Be Scaled Up or
Down
Republic Secure the Rental of Two Yards, One for New Carts and Other for Legacy Carts 7/1/2024 10/31/2024 Republic's GM
Pick Up Legacy Carts; Deliver New Cart Roll-Out Assemble & Deliver New Carts to All
Residential Units 8/26/2024 9/20/2024 Routed Out; Series Schaefer Representative & A&D Team
Clean-up From New Cart Roll-Out (Any Missed Residents/Changes); Some Overlapping of
Above New Cart Roll-Out 9/20/2024 10/24/2024 As Needed Schaefer Representative & A&D Team
First Day of Monday Collection Services (MSW, REC, YW, BULK)9/30/2024 Ongoing Weekly & EOW All Departments: Ops, Billing, CS, Muni, Fleet, etc.
After the Initial Roll-Out of Carts, Republic's Delivery Department Would Deliver New
Carts, Switch-Outs, etc. 10/5/2024 9/29/2029 Daily; As Needed Republic's Operations Delivery Department
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DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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Attachment 4
Vehicle Details
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
Collection Vehicle Chart
Unit #Year Make Model Body Est. Replacement Includes Aftertreatment Age Fuel
Updated 1/31/23
12
2201 2021 Mack LR64 McNeilus 2031 Yes 1 Diesel
2202 2021 Mack LR64 McNeilus 2031 Yes 1 Diesel
2203 2021 Mack LR64 McNeilus 2031 Yes 1 Diesel
2204 2021 Mack LR64 McNeilus 2031 Yes 1 Diesel
2205 2020 Mack LR64 McNeilus 2030 Yes 2 Diesel
2206 2020 Mack LR64R DSL McNeilus 2030 Yes 2 Diesel
2207 2018 Peterbilt 520 McNeilus 2028 Yes 4 Diesel
2208 2018 Peterbilt 520 McNeilus 2028 Yes 4 Diesel
2209 2018 Peterbilt 520 McNeilus 2028 Yes 4 Diesel
2210 2018 Mack LR613 McNeilus 2028 Yes 4 Diesel
1214 2021 Mack LR64 Heil 2031 Yes 1 Diesel
1215 2021 Mack LR64 Heil 2031 Yes 1 Diesel
Avg Age 2.2
2
2080 2021 Peterbilt 520 McNeilus 2031 Yes 1 Diesel
2081 2021 Peterbilt 520 McNeilus 2031 Yes 1 Diesel
Avg. Age 1
Residential Front Load
Rear Load
This spreadsheet includes information about existing diesel collection vehicles that will provide Collection Service. Additional vehicles will be purchased. All new vehicles will be CNG-fueled vehicles.
51/Page
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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EXHIBIT B
PRICING
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
Fort Collins Residential Solid Waste Collection Services Price Sheet
Collection Service Price Options
XS
Service Price
$ / month / Customer
Small Cart
Service Price
$ / month / Customer
Medium Cart
Service Price
$ / month / Customer
Large Cart
Service Price
$ / month / Customer
XL Cart
Service Price
$ / month / Customer
1 $10.75 $19.00 $38.25 $57.50 $115.25
2 $10.75 $17.25 $34.75 $52.25 $104.75
3 $9.75 $17.75 $35.75 $53.75 $107.75
4 $9.75 $16.50 $33.25 $50.00 $100.25
Additional Fees / Services
Yard Trimmings $ / Customer / month
Fee charged to Customers with overflow trash or recycling $4.00
Additional cart delivery fee $ / delivery instance
Fee charged to Customers and Opt-Out Customers $1.35
Dumpster Service
$ / month for service
$110.50
$183.50
$200.00
$330.00
City Administrative Fee will be charged monthly in addition to the above pricing.
Solid Waste collection, every other week Recyclable Materials collection, Yard Trimmings collection and Bulky Items collection
(Contractor may take Solid Waste to approved landfill of their choice)
Service Scenario
These service rates have been reduced by $0.25/mo to account for The Recycling Partnership grant funding.
City Administrative Fee will be charged monthly in addition to the above pricing.
Note: Contractor may not charge any fees beyond those listed in this pricing sheet
$5.00 $ per "No Additional Fee" Bulky Item
(when customer request more than 2 Bulky Item collections per calendar year)
No Additional Fee Bulky Items $ / item
$40.00
Bulky Items Collection
Solid Waste collection, weekly Recyclable Materials collection, Yard Trimmings collection and Bulky Items collection
(Requires Solid Waste go to Larimer County Landfill)
Solid Waste collection, every other week Recyclable Materials collection, Yard Trimmings collection and Bulky Items collection
(Requires Solid Waste go to Larimer County Landfill)
Solid Waste collection, weekly Recyclable Materials collection, Yard Trimmings collection and Bulky Items collection
(Contractor may take Solid Waste to approved landfill of their choice)
Weekly
Weekly
Dumpster size and type
2 cubic yard Solid Waste + 2 cubic yard Recyclable Materials
3 cubic yard Solid Waste + 2 cubic yard Recyclable Materials
4 cubic yard Solid Waste + 2 cubic yard Recyclable Materials
6 cubic yard Solid Waste + 3 cubic yard Recyclable Materials
Service Frequency
Weekly
Weekly
Delivery / exchange fee for cart delivery / exchange / repair needs
beyond two instances per year $35.00
Decrease in Customer bill if Customer declines Optional Yard Trimmings
Service
(Price decrease does not apply to XS cart customers)
City administrative fee $ / month
$ / item
$50.00
$40.00
$40.00
Call for pricing
"Additional Fee" Bulky Items
Non-CFC containing appliances
Sofas, chairs, furniture (less than 60 lbs.)
Mattresses & box springs
Large or overweight items (above 60 lbs.)
Overflow trash or recycling fee $ / 32 gallon equivalent
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DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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EXHIBIT C
INSURANCE
Without limiting any of the Contractor's obligations hereunder, the Contractor shall provide and
maintain insurance coverage naming the City as an additional insured under this Agreement, via
blanket-form endorsement, as applicable of the type and with the limits specified herein. Prior to
the Effective Date of the Agreement, the Contractor, or its authorized representative, shall deliver
to the City's Purchasing Director, purchasing@fcgov.com or P.O. Box 580, Fort Collins, Colorado
80522, one copy of a certificate evidencing the insurance coverage required from an insurance
company rated A-VIII or higher by A.M. best Company and approved in Colorado.
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 Contractor, such insurance as the City may deem
proper and charge-back the cost of such insurance.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Contractor's general liability and automobile liability insurance policies by marking the
appropriate box or adding a statement to this effect on the certificate, for any claims arising
out of work performed under this Agreement.
Insurance coverages shall be as follows:
A.Workers' Compensation & Employer's Liability. The Contractor shall maintain the
following coverage for the Agreement Term for all of the Contractor's employees engaged
in work performed under this Agreement. Workers' Compensation & Employer’s Liability
insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease for each employee, or as required by Colorado law.
B.General Liability. The Contractor shall maintain for the duration of the Agreement Term
such General Liability 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 General
Liability shall not be less than Two Million Dollars ($2,000,000) each occurrence and Four
Million Dollars ($4,000,000) aggregate.
C.Automobile Liability. The Contractor shall maintain for the Agreement Term such
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
Automobile Liability shall not be less than One Million Dollars ($1,000,000) combined
single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor 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.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City pursuant to this Agreement, the
Contractor hereby acknowledges that it has been informed that the City has established policies
and procedures with regard to the handling of confidential information and other sensitive
materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services under this Agreement, the Contractor hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Contractor
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Contractor shall not disclose any such information to any person not having a legitimate need-
to-know for purposes authorized by the City. Further, the Contractor shall not use such
information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
As part of the Services provided to the City under this Agreement, the Contractor will maintain,
store or process personal identifying information, as defined in C.R.S. § 24-73-101, of Customers
and Service Opt-Out Customers. Pursuant to C.R.S. § 24-73-102, Contractor shall maintain
confidentiality of this information and implement and maintain reasonable security procedures
and practices that are: appropriate to the nature of the personal identifying information disclosed
to the Contractor in furtherance of this Agreement; and reasonably designed to help protect the
personal identifying information from unauthorized access, use, modification, disclosure, or
destruction. If the Contractor becomes aware of any unauthorized release of personal identifying
information, it shall notify the City immediately and cooperate with the City regarding recovery,
remediation, and the necessity to involve law enforcement, as determined by the City. After any
such release, Contractor shall take steps to reduce the risk of incurring a similar type of release
in the future as directed by the City, which may include, but is not limited to, developing and
implementing a remediation plan that is approved by the City at no additional cost to the City. In
addition to any other remedies available to City under law or equity, Contractor will promptly
reimburse City in full for all costs incurred by City relating to any such release.
The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3
DRAFT AGREEMENT – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/1/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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In the event that the Contractor ceases to perform services for the City, or the City so requests
for any reason, the Contractor shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically
produced) thereof, in its possession or control or as to which it otherwise has access.
The Contractor understands and agrees that the City’s remedies at law for a breach of the
Contractor’s obligations under this Confidentiality Agreement may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
DocuSign Envelope ID: 45370BB0-3B09-4AC0-8F19-EAF7E0EEE1B3