HomeMy WebLinkAbout055 - 04/18/2023 - REPEALING ORDINANCE NO. 028, 2023, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PROORDINANCE NO.055,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO.028,2023,AND AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT FOR THE PROVISION OF
RESIDENTIAL WASTE COLLECTION SERVICES
WHEREAS,Colorado Revised Statutes (“C.R.S.”)§30-15-401(7.5)authorizes the City to
establish a residential waste collection program (the “Program”),which may require municipal
residents to use or pay user charges for residential waste services;and
WHEREAS,to establish the Program,C.R.S.§30-15-401(7.5)(b)(I)requires the City to
issue a Request for Proposals for such services,provide written notice of the Request for Proposals
to City-licensed waste haulers,and publish a six-month public notice of the Request for Proposals
in a newspaper of general circulation within the City prior to requiring the use of the services or
the time of initial imposition of the user charges;and
WHEREAS,C.R.S.§30-15-401(7.5)also requires the local governing body to award the
contract for the Program;and
WHEREAS,on July 19,2022,in Resolution 2022-079,the City Council directed City staff
to design and issue a Request for Proposals for residential waste collection services,including
trash and recycling collection services;and
WHEREAS,City staff designed a Request for Proposals and issued it on September 12,
2022,with an addendum added on October 24,2022,which are attached hereto as Exhibit A,
mailed a copy of the Request for Proposals to all waste haulers licensed by the City,a list of which
is attached hereto as Exhibit B,and published the required notice in a local newspaper,as shown
in the affidavit attached hereto as Exhibit C;and
WHEREAS,City staff received three proposals in response to the Request for Proposals
and conducted a procurement process in accordance with the requirements of the City Code;and
WHEREAS,based on the outcome of the procurement process,the City has selected Allied
Waste Systems,Inc.,which does business as Republic Services of Colorado,to provide the
Program;and
WHEREAS,Section 8-186(a)of the City Code requires that most contracts for services
(including this one)with a term of more than five years in length be authorized by the City Council
by ordinance;and
WHEREAS,the agreement negotiated with Allied Waste Systems,Inc.,which is attached
hereto as Exhibit D (the “Agreement”),will remain in effect for a period longer than five years,
that is until September 30,2029,unless the Agreement is modified or terminated early;and
WHEREAS,an extended duration of the Agreement provides the City and Allied Waste
Systems,Inc.,needed time to set up the Program and then allows for a five-year service period;
and
WHEREAS,the Council adopted Ordinance No.028,2023 (“Ordinance No.028”)to
authorize the City Manager to enter into an agreement with Allied Waste Systems,Inc.,to provide
the Program,but Ordinance No.028 was not published after adoption as required by the City
Charter;and
WHEREAS,it is necessary that the Council repeal Ordinance No.028 and adopt this
Ordinance to allow the City Manager to enter into the agreement;and
WHEREAS,the City has taken no action under Ordinance No.028.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That the City Council,in accordance with C.R.S.§30-1 5-401(7.5)and
Section 8-186(a)of the City Code,hereby approves of the attached Agreement for Residential
Solid Waste Services between the City and Allied Waste Services,Inc.
Section 3.That the City Manager is hereby authorized to execute the Agreement for
Residential Waste Collection Services in substantially the form attached as Exhibit “D”,together
with such additional terms and conditions as the City Manager,in consultation with the City
Attorney,determines are necessary or appropriate to protect the interests of the City.
Section 4.The City Manager may approve and execute future amendments to the
Agreement for Residential Waste Collection Services in accordance with Section 12-32(a)of the
City Code.
Section 5.Ordinance No.028,2023,is hereby repealed.
Introduced,considered favora y on irs rea ing and ordered published this 4th day of
April,2023,and to be presented for final passage on the 18th day of A 2023.
ATtEST:
A.
/
Passed and adopted on final reading this 18th day of April,2023.
ATT S:
—‘I
Ma5~Y
City Clerk
REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES –
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REVIEW VERSION – R2
AGREEMENT FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES
FEBRUARY 27, 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 review version of the 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 review
version of the contract prior to signing.
EXHIBIT D
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REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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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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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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(d).
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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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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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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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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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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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. Cooperative Purchase – Utilization by Other Governmental Entities. Any governmental
entity within the state of Colorado may, subject to such entity’s governing laws, rules,
and regulations, use the City’s competitive purchasing process as the basis to negotiate
a contract with the Contractor for similar services. Any governmental entity that uses
the City’s competitive purchasing process as the basis of award will be solely responsible
for negotiating all terms of such contract with the Contractor and issuing their own
contract documents. The Contractor shall be required to include in any contract with
another governmental entity that is entered into under this cooperative provision a
contract clause that will hold harmless the City from all claims, demands, actions or
causes of actions of every kind resulting directly or indirectly, arising out of, or in any way
connected with the City’s Agreement. The City makes no guarantee of usage by other
entities of this Agreement. Utilization of this cooperative provision by any other entity
must not have a negative impact on the City’s level and/or quality of service.
30. 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.
31. 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.
Signature Page Follows
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CITY OF FORT COLLINS ALLIED WASTE SYSTEMS, INC.
________________________________ ________________________
Kelly DiMartino, City Manager
_____________
Date
CITY OF FORT COLLINS
________________________________
Gerry Paul, Purchasing Director
_____________
Date
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 collection shall be performed
weekly with up to two (2) 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 Frequency of Recyclable Materials Services Collection
In the event the City wishes to change the frequency of Recyclable Materials Services
collection from weekly to every-other-week, the parties agree to negotiate in good faith the
timing to implement the change and impact to pricing with consideration to the effect of such
change on the Contractor’s operations.
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:
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•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.
•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.
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•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.
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).
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•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.
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.
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Cart ownership will transfer to the City at the end of the Agreement Term subject to Section
5 of the Agreement.
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 Collection
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.
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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.
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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.
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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.
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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).
Table 3
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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%
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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%
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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%
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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%
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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.
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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
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Attachment 2
Schaefer Cart Warranty Transfer Acknowledgement
EXHIBIT D
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
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Attachment 3
Transition Plan
EXHIBIT D
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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EXHIBIT D
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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Attachment 4
Vehicle Details
EXHIBIT D
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.
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EXHIBIT B
PRICING
EXHIBIT D
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
$9.75 $17.75 $35.75 $53.75 $107.75
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
The City Administration Fee is set by the City Manager and shall not exceed $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.
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
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
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, weekly Recyclable Materials collection, Yard Trimmings collection and Bulky Items collection
(Contractor may take Solid Waste to approved landfill of their choice)
Page / 53
EXHIBIT D
54 | P a g e
REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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.
EXHIBIT D
55 | P a g e
REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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.
EXHIBIT D
56 | P a g e
REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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.
EXHIBIT D
EXHIBIT C
EXHIBIT C
ORIGINAL MAILING LIST
Contact Name Company Name Address City ZIP
Yuliya Shymchyk
Alpine Waste & Recycling
(NOW GFL)
7373 Washington
Street Denver 80229
Lori Cate BeeLine Trucking Ltd 6042 WCR 42 Johnstown 80534
Kayla McGill Bin There Dump That
541 E Garden Drive
Unit O Sutie 140 Windsor 80550
Yvonne Cook Blue Bear Waste Systems 2180 W 60th Ave Denver 80221
Dan Garvin Colorado Iron and Metal 903 Buckingham St Fort Collins 80524
Jamie Blanchard‐Poling Compost Queen 2224 Stonegate Drive Fort Collins 80525
Geoffrey Schmidt Common Good Compost
1825 22nd Street Unit
9 Greeley 80631
Tanner Slatten Custom Disposal & Service 620 E 3rd St Eaton 80615
Stefani Richardson Dirty Deeds
2580 E Harmony Rd
ste 201 Fort Collins 80528
Nicole Hicks Dumpster Diverz PO Box 204 Timnath 80547
Paul Korte, Jenni Korte Dumpster Rental 562 Boxwood Dr Windsor 80550
Buster Dunn Dunn Teller Enterprises 45407 CR 41 Pierce 80650
Andra Presser Fuzion Field Services PO Box 200638 Evans 80620
Brooklyn Hephner, Becca
Walkinshaw
Gallegos Sanitation /
Republic Sanitation PO Box 1986 Ft. Collins 80522
Bridget Johnson Green Girl PO Box 324 Jamestown 80455
Taylor Hagen Hagens Junk Removal 1609 Hillside Dr Fort Collins 80524
Armando Home Builders Services Inc 3031 Highway 119 Longmont 80504
Mike Howard
Hulk Addicts Hauling and
Junk Removal 3836 Beechwood LN Johnstown 80524
Adam Wasson Junk King PO Box 102 Berthoud 80513
Adam Wood
McDonald Farm Enterprises
Inc.7247 E. County Line Longmont 80504
Rob Rapp Rob and Mike's Hauling 2136 Cadman St. Berthoud 80513
Jennifer Parkos Mountain High Disposal 15416 Hwy 14 Ault 80610
Andrew Meredith Mountain West Disposal
6094 Maidenhead
Drive Windsor 80550
EXHIBIT B
William Kennedy Organix
19065 Hickory Creek
Drive Suite 240 Mokena, IL 60448
John Puma Ram Waste Systems 5704 Bueno Drive Ft. Collins 80526
Ronnie Lee hicks RH Contracting PO BOX 1408 Wellington 80549
Dean Hoag RMB Recycling 1475 N College Ave Fort Collins 80521
Jonathan Heaberlin Timberline Waste Services 606 4th St Windsor 80550
Tim Lambert Tim of All Trades 9 Nantucket Ct Windsor 80550
Brian Heuer Sage Disposal 8646 Blackwood Drive Windsor 80550
David LeClair & Cathy
Johnston
S&B Waste Systems (Now
United Site Services)
6766 E County Road
18 Johnstown 80534
Patty Kennedy S&S Sanitation PO Box 673 Loveland 80539
Jeff Wright Step Up Roll Offs
1635 Foxtrail Drive
#307 Fort Collins
Deb Overturf Frank
Santiago Jeremy Bradley
Waste Management of N.
Colo.40950 W C Rd 25 Ault 80610
Kirk Barker John Newman Waste‐Not Recycling 1065 Poplar Street Loveland 80537
Kevin D Jackson Yee Haul Junk 500 N Impala Drive Fort Collins 80521
EXHIBIT B
PACKETS RESENT
Contact Name Company Name Address City Zip
Yvonne Cook Blue Bear Waste Systems 6130 Huron St Denver 80221
Brian Cleveringa
HBSCO LLC dba Home Builders
Services PO Box 3525
Greenwood
Village 80155
Jennifer Parkos Mountain High Disposal PO BOX 1100 Ault 80610
Andrew Meredith Mountain West Disposal PO Box 832 Windsor 80550
Deb Hoag
Rocky Mountain Battery Service dba
RMB Recycling 1475 N College Ave Fort Collins 80524
Beth Wright Step Up Inc 1635 Foxtrail Drive #307 Loveland 80538
Kevin D Jackson Yee Haul Junk 904 30th Avenue Ct Greeley 80634
William Kennedy Organix 3308 Bernice Ave
Russellville,
Arkansas 72802
Matt Marquardt McDonald Farm Enterprises Inc. 7440 E I25 Frontage Rd Frederick 80516
Kayla McGill Bin There Dump That
1942 East Lincoln Ave,
Unit B Fort Collins 80524
EXHIBIT B
RFP 9648 Residential Solid Waste Collection Page 1 of 42
REQUEST FOR PROPOSAL
9648 RESIDENTIAL SOLID WASTE COLLECTION SERVICES
RFP DUE: 5:00 PM MT (RMEPS Clock), October 24, 2022
The City of Fort Collins is requesting proposals from qualified Contractors to provide collection
of Solid Waste, Recyclable Materials, Yard Trimmings, Bulky Items and related services for
single family homes and multi-family buildings of 7 or fewer units. Award of a contract for the
Residential Solid Waste Collection initiative is subject to the City of Fort Collins Council approval
by ordinance.
As part of the City’s commitment to sustainability, proposals must be submitted online
through the Rocky Mountain E-Purchasing System (RMEPS) at
http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time
to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date
and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 1:00 PM MT on September 26, 2022. The pre-proposal
meeting will be hosted on-line via Zoom. Select or copy/paste the below link into your browser
for access to the meeting. Please add your name, email address, and organization name in the
Zoom chat.
Click here for the meeting: https://us02web.zoom.us/j/7056751403
Meeting ID: 705 675 1403
All questions should be submitted, in writing via email, to Gerry Paul, Purchasing Director
at gspaul@fcgov.com, no later than 5:00 PM MT on October 3, 2022. Please format your e-
mail to include RFP 9648 Residential Solid Waste Collection Services in the subject line.
Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at www.bidnetdirect.come/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
91027 Garbage/Solid Waste Removal, Disposal and/or Treatment
92677 Recycling Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, 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, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 2 of 42
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.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Contractors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version
of the proposal, Contractors may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Contractors must submit a supplemental document explaining the
justification for each redaction. Failure to provide a public viewing copy will be considered a
waiver of any claim of confidentiality under CORA without regard to how the applicant’s
proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such
statement does not necessarily exempt such documentation from public disclosure if required
by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA trade secrets, confidential commercial and financial data information is not
required to be disclosed by the City. Proposals may not be marked “Confidential” or
‘Proprietary’ in their entirety. By responding to this RFP, Contractors hereby waives any and all
claims for damages against the City for the City’s good faith compliance with CORA. All
provisions of any contract resulting from this request for proposal will be public
information.
Contractors Registration: The City requires new Contractors receiving awards from the City to
submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Contractors to
accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct
Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these
documents with your proposal, however, if you take exception to participating in Direct
Deposit (Electronic) payments please clearly note such in your proposal as an exception. The
City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole
discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 3 of 42
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Contractors shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 4 of 42
1.0 INTRODUCTION
The City of Fort Collins is requesting proposals from qualified Contractors to provide collection
of Solid Waste, Recyclable Materials, Yard Trimmings, Bulky Items and related services for
single family homes and multi-family buildings of 7 or fewer units. Award of a contract for
Residential Solid Waste Collection Services is subject to the Fort Collins City Council approval
by ordinance.
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 by adding contracted collection for
Residential Units. Fort Collins City Council has expressed support for a contracted system to
help achieve the following goals:
• 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 GENERAL INFORMATION
Subject to Fort Collins City Council approval by ordinance and final negotiations with the
awarded Contractor, definitions and general provisions of the contract will include the
following:
Alley Service: Where alleys are the primary service option, Contractor shall provide Collection
Services in alleys. Alleys are estimated to constitute 12-15% of the service area in Fort Collins.
Further information on alleys is included in Section 3.0 below.
Bulky Items: Solid Waste that does not fit in a closed Solid Waste cart, excluding Hazardous
Waste, Electronics, Yard Trimmings, Recyclable Cardboard, items that weigh over 60 pounds,
and items larger than 6’ x 6’.
Carts Terminology:
• “Small Cart” shall mean a cart with a capacity from 30-39 gallons
• “Medium Cart” shall mean a cart with a capacity from 60-69 gallons
• “Large Cart” shall mean a cart with a capacity from 90-99 gallons
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 5 of 42
City Limits: The boundary of the City of Fort Collins as identified via the City of Fort
Collins GIS system (see details in section 3.0). City Limits does not include the Growth
Management Area.
Collection Services: 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 the executed Agreement.
Contract Term: The contract shall commence on the Effective Date and shall continue for five
(5) years from the Service Commencement Date, unless terminated as provided under the
contract.
Contractor: The firm selected by the City to provide Collection Services.
Core Service: Collection Services of Solid Waste, Recyclable Materials, and Yard Trimmings.
At the City’s option, Customers may elect to opt out of Yard Trimmings collection. Core Services
may also include Bulky Items in the event the City elects to include Bulky Items in the contract.
Customer: An individual who contracts with the Contractor for Collection Services.
Door-to-Door Service: Contractor shall provide door-to-door service (in which Contractor’s staff
brings carts from the Customer’s location to the curb or alley for servicing and returns the carts)
for Customers with a disability upon request for no additional charge. Current estimated usage
of this service is less than 1% of residential Customers.
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 or Recyclable Materials.
Effective Date: Means the effective date of the Agreement, which shall be the date
stated in Section 4, Contract Period.
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.
Hazardous Waste: 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.
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.
Recyclable Materials: Means the materials listed in Table 3 and any other materials
identified by Contractor and approved by the City as recyclable materials, which have
been separated from Solid Waste and can be recovered as useful materials and are
properly prepared for the purpose of recycling.
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 6 of 42
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, subject to
certain exceptions and/or City-granted variances as stated herein, and any Service Opt-in
Customers.
Exceptions:
• Residential Units served by Dumpsters;
• Home Owner Associations (HOAs) with existing Solid Waste and recycling collection
contracts as of the Effective Date and that meet the requirements in Chapter 12,
Article II and Chapter 15, Article XV of the City code.
Variances:
• Shared Service – A variance from paying the Service Opt-Out Fee may be granted
by the City if a Residential Unit shares Collection Services with another Residential
Unit and shows to the reasonable satisfaction of the City that the Residential Units
with shared service consistently produce combined total waste in an amount equal to
or less than is collected through the Super Saver Service. Variances for this reason
are anticipated to apply to less than 0.5% of Customers.
• Excess Producers - A variance from paying the Service Opt-Out Fee may be
granted by the City if a Residential Unit shows to the reasonable satisfaction of the
City that the Residential Unit consistently produces waste in an amount greater than
the XL cart service. Variances for this reason are anticipated to apply to less than
0.5% of Customers.
Service Commencement Date: The date Collection Services at the Residential Units begins.
Such date shall be mutually agreed upon by the parties and will start not less than six (6) and
not more than twenty-four (24) months from the Effective Date of the Agreement
Service Opt-in: HOAs that meet an exception to the definition of Residential Units and
multi-unit residential buildings containing eight (8) or more dwelling units may opt in as a
Customer.
Service Opt-Out Fee: Any Customer wishing to not receive the contracted service will be
charged the Super Saver Service price in lieu of receiving service from the Contractor.
Service Suspension: Contractor shall allow Customers to suspend service once per year upon
request for a minimum of one (1) and maximum of six (6) months. Customers who request a
Service Suspension will be charged the Super Saver price during such period of time.
Contractor may not charge the Customer to start or stop the Service Suspension.
Service Year: A period of 12 calendar months beginning on the Service Commencement Date.
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 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.
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 7 of 42
Subcontractors: The Contractor may not subcontract any of the services without the prior
written consent of the City. If any of the services are subcontracted with the consent of the City,
the Contractor shall be solely responsible for the performance of all duties under the
Agreement..
Super Saver Service: A Solid Waste service level that is less than the Small Cart service (but
not necessarily 100% price differential) and is offered to Customers at a price less than the
Small Cart service. Super Saver Service shall also include the same services as are included in
the other Solid Waste service levels (Recyclable Materials, Yard Trimmings, and Bulky Items
collection). Examples of Super Saver Service options are included in Section 4.1.
Wildlife-Resistant Carts: The City does not require wildlife-resistant carts.
Yard Trimmings: Means those materials included in Table 4, and any other similar organic
materials identified by Contractor and approved by the City as yard trimmings.
3.0 DEMOGRAPHIC & CURRENT PROGRAM
Community Demographics
• Approximately 40,000-45,500 Residential Units in Fort Collins are eligible for Collection
Services under this contracted service.
• Approximately 10,500 additional Residential Units are in HOAs with existing contracts for
Solid Waste and Recyclable Materials collection.
o Some of these HOAs may be found to have contracts that are not compliant with the
City’s requirements and may join the City’s contract
o These HOAs may be required to add Yard Trimmings collection service, which may be
provided by the City’s Contractor or the HOA’s existing contracted hauler at each HOA’s
discretion. If the HOA chooses the City’s Contractor, the HOA and the Contractor will
individually negotiate the price for collection service. The requirement for Yard
Trimmings collection is anticipated to begin concurrent with the Service Commencement
Date. The HOA Yard Trimmings requirement may be considered by Fort Collins City
Council as a code change along with adoption of the Residential Solid Waste Collection
Agreement.
GIS / Geographic Information
City Limits
The Contractor shall provide Collection Services for Residential Units within the City Limits. The
City Limits can be downloaded from the City’s Geographic Information System (GIS) at
https://www.fcgov.com/gis/downloadable-data.
Alleys
• City-maintained alleys can be viewed within the “Street Centerlines” GIS data download
from www.fcgov.com/gis/downloadable-data. Filter data by STREETTYPE “Alley.”
• Privately-maintained alleys include but are not limited to alleys in the following
developments. These developments may or may not already have contracted collection via
their Homeowners’ Association (HOA):
o Observatory Village
o Harvest Park
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o Old Town North
o Sienna (neighborhood east and west of Azuro Dr.)
Homeowner’s Associations (HOAs) with Existing Contracts
A map of the location and relative size of the HOAs with existing Solid Waste and Recyclable
Materials collection contracts as well as the Fort Collins City Limits are included in the
Attachment 2.
Existing Program
Fort Collins currently has an open market system in which haulers are required to have a
license. That license requires:
• Solid Waste
o Weekly collection
o Pay-As-You-Throw pricing with 100% price differential between three cart sizes including
Small ($X), Medium ($2X), and Large ($3X).
• Recyclable Materials
o Minimum of every-other-week collection
o Up to two Large Carts bundled with Solid Waste service for no additional charge
o Hauler must offer choice of cart size to customer; including Large or Medium carts; some
offer Small Carts or open-top 18-gallon tubs.
o Current participation: 96% of households
• Yard Trimmings
o Weekly collection from April – November
o Residents must opt into the collection service and pay an additional fee
o Current subscription rates: 23% of open market households, 5% of HOAs; a combined
total of approximately 17% City-wide
Table 1 - 2021 Fort Collins Cart Distribution
Super Saver
Service
18-gal tub Small Cart Medium Cart Large Cart
Open Market Solid Waste 1% N/A 43% 41% 16%
Open Market Recycling N/A 9% 0.1 % 53% 38%
Open Market Yard Trimmings N/A N/A N/A 22% 1%
Contracted HOA Solid Waste N/A N/A 31% 36% 33%
Contracted HOA Recycling N/A 17% 1% 42% 40%
Contracted HOA Yard Trimmings N/A N/A N/A 3% 2%
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4.0 SCOPE OF WORK/COLLECTION SERVICES
4.1 Solid Waste Collection
Core Service Rates proposed in the Price Sheet (Attachment 3) shall include the following Solid
Waste Collection Service components.
Proposal Requirements - Solid Waste
Proposal shall include the following Solid Waste Collection Service components.
• Five service levels as described in Table 2
• Volume-based rates as described below
o 100% price difference between cart sizes (except for Super Saver Service)
• Weekly collection
o Super Saver Service may be less frequent
• Materials shall be collected from wheeled carts with lids as described below
• Any Solid Waste overflows shall be assessed an extra cost as described below
• At the City’s sole option, Contractor shall dispose of all Solid Waste at the Larimer County
Landfill or the permitted landfill of the Contractor’s choice
Table 2
VOLUME-BASED SOLID WASTE SERVICE DETAILS
SOLID WASTE SERVICE
LEVEL
CART SIZE
COLLECTION FREQUENCY PRICING PER MONTH for
CORE SERVICES
Super Saver Service Less than Small service To be described in proposal Less than $X
Small Service 30-39 gallon Weekly $X
Medium Service 60-69 gallon Weekly $2X
Large Service 90-99 gallon Weekly $3X
XL Service Two 90-99-gallon carts Weekly $6X
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 cost as follows:
o Cost for overflow shall be proportional to the volume of overflow solid waste
o Fee per 32-gallon bag equivalent shall be proposed in the Price Sheet (Attachment 3)
o Contractor will retain the additional cost paid by the Customer
• Note that if Contractor selects bag / tag / sticker Super Saver Service, pre-paid bags or
tagged or stickered bags shall not be considered overflow Solid Waste
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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 Customer’s Solid Waste cart (and any other
carts out for service that day). 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 carts will next be serviced
• Contractor may leave the cart un-serviced until the 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 2x the regular
amount of materials that would have been initially collected for no additional charge to
account for the missed service. In this circumstance, materials equivalent to the regular
service level shall not be considered overflow and Customer shall not be charged extra.
• If the blockage remains on the next service day, Contractor shall notify the City
Representative and does not have to service the location until the blockage is addressed
Other Prohibitions
City code prohibits Customers from 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 service day that follows the removal
of prohibited materials
o The following week, the Customer may set out 2x the regular amount of Solid Waste for
no additional charge to account for the missed service the week prior. 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 service day, Contractor shall notify
the City Representative for compliance action
Super Saver Service
Contractor’s proposal shall include the container type and service frequency for the proposed
Super Saver Service level. The service must be offered at a cost less than the Small Service but
does not have to be a 100% price differential. The Super Saver Service must also include the
same services as the other Solid Waste service levels (Recyclable Materials, Yard Trimmings,
and Bulky Items collection). Examples of programs that would qualify as Super Saver Service
that are active in northern Colorado are stated below. Contractors are welcome to propose
different approaches.
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Examples in Northern Colorado:
• Pay by the bag / tag / sticker:
o Base monthly service fee includes Core Services (including curbside collection of
Recyclable Materials, Yard Trimmings and Bulky Items collection)
o Resident purchases pre-paid trash bags / tags / stickers at the Contractor’s office and
then places the bags out for collection on service day as needed. If this option is
proposed, the proposal shall identify the location(s) where bags / tags / stickers may be
purchased by the Customer. The location(s) must not be a City facility and must be
within City Limits. The Contractor must accept cash and credit card payments for this
service.
• 16-gallon carts: An insert is placed inside a 32-gallon cart to reduce the functional size to a
16-gallon cart that can be serviced weekly with automated trucks
• Every other week service: Super Saver Small Solid Waste carts have a different color lid
and are only serviced every other week.
4.2 Recyclable Materials Collection
Core Service Rates proposed in the Price Sheet (Attachment 3) shall include the following
Recyclable Materials Collection Service components.
Proposal Requirements - Recyclable Materials
Proposals shall include the following Recyclable Materials Collection Service components
regardless of service options:
• The cost of Recyclable Materials collection shall be bundled in the Core Service price (i.e.
the Customer’s bill shall not include a separate itemized line-item price for Recyclable
Materials collection)
• Standard service shall be a Large Cart
o Residents can select a Medium Cart for no change in their monthly cost
• Collection shall be on the same day as Solid Waste collection
• Materials shall be collected in wheeled carts with lids
o Note: The City will not offer open-top 18-gallon tub service because the tubs require
manual collection and are a source of pollution when Recyclable Materials blow out of
them
• 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
• Contractor proposals may identify any proposed additions to the materials in Table 3.
• 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
immediately 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 City.
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Table 3
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, foil & pie plates
Magazines Steel / tin cans & empty aerosol cans
Paperboard Glass bottles and jars
Kraft paper Aseptic containers
See City recycling guidelines poster at http://www.fcgov.com/recycling/pdf/2018_recycle_guidelines.pdf.
Recyclable Materials Service Scenarios
Proposals shall assume provision of Recyclable Materials Service for 100% of Customers.
Proposals must provide pricing for two distinct service scenarios stated below. Contractor costs
for each scenario shall be proposed in the Pricing Sheet (Attachment 3).
• Recyclable Materials Service Scenario 1: Every-other-week collection of up to two Large
Recyclable Materials Carts
• Recyclable Materials Service Scenario 2: Weekly collection of one Large Recyclable
Materials Cart
Recyclable Materials Contamination
The Recyclable Materials contamination threshold shall be 10% by volume. When the
Contractor encounters a cart with 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
• Contractor may leave the cart un-serviced until the service day that follows the removal of
the contamination
• The following regularly schedule service day, the Customer may set out 2x the regular
amount of Recyclable Materials for no additional charge to account for the 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 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
4.3 Yard Trimmings Collection
Core Service Rates proposed in the Price Sheet (Attachment 3) shall include the following Yard
Trimmings Collection Service components.
Proposal Requirements – Yard Trimmings
Proposal shall include the following Yard Trimmings service components regardless of other
service options:
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• The cost of Yard Trimmings collection shall be bundled in the Core Service price (i.e. the
Customer’s bill shall not include a separate itemized line-item price for Yard Trimmings
collection)
• Standard service shall be a Large Cart
o Residents can select a Medium Cart for no change in their monthly price
• Materials shall be collected in the cart only (no loose materials will be accepted)
• Weekly service shall be provided seasonally from April 1st through November 30th each year
• Collection shall be on the same day as Solid Waste collection
• Materials shall be collected in wheeled carts with lids
• Contractor shall deliver Yard Trimmings to a permitted / licensed compost processing facility
o Contractor shall receive approval from the City to take materials to a facility other than a
permitted / licensed compost processing facility
o Contractor proposals shall include the planned destination(s) for Yard Trimmings
o Contractor proposals may identify any proposed additions to the materials included in
Table 4
• 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 contact
immediately 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 City.
Table 4
MINIMUM LIST OF YARD TRIMMINGS TO COLLECT
Brush & Limbs sized to fit in the cart
Grass Clippings
Leaves
Garden Trimmings / Weeds / Plant Material
Yard Trimmings Service Scenarios
Proposals must provide pricing for two distinct service scenarios stated below. Contractor price
for each scenario shall be proposed in the Pricing Sheet (Attachment 3).
• Yard Trimmings Service Scenario 1:
Bundled seasonal Yard Trimmings collection service for 100% of Customers.
• Yard Trimmings Service Scenario 2:
Optional seasonal Yard Trimmings collection service with estimated participation rate of
75% of Customers. In Scenario 2, Customers would be automatically enrolled in the service
but could contact the Contractor to decline collection service and receive a predetermined
reduction in the Core Service price.
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Yard Trimmings Contamination
The Yard Trimmings contamination threshold shall be 10% by volume. When the Contractor
encounters a cart with 10% or more contamination, 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 service day that follows the removal of
the contamination
• The following week, the Customer may set out 2x the regular amount of Yard Trimmings for
no additional charge to account for the 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 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
4.4 Periodic Residential Bulky Items Collection
Proposal Requirements – Bulky Items
Proposal shall include the following Bulky Items service components regardless of other service
options:
• Collection on an on-call basis
• Collection within one calendar week of request
• Collection need not be on the same day as regular Solid Waste services
• Contractor proposal shall include proposed collection equipment
• The City prefers but does not require proposal elements that encourage reuse of Bulky
Items rather than landfilling them
• The Contractor shall track the number of and types of items collected (in categories mutually
agreed upon by the Contractor and the City)
• Bulky Items shall be proposed in the Pricing Sheet (Attachment 3) in two categories:
1) No Additional Fee Bulky Items
Shall include common household items, including but not limited to non-freon
containing appliances and furniture, excluding the following:
o Hazardous waste
o Electronics
o Yard waste
o Recyclable Cardboard
o Items that weigh over 60 pounds
o Items larger than 6’ x 6’
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2) Additional Fee Bulky Items
Shall include items for which Customers will be charged an extra fee
o Contractor shall include in the Pricing Sheet (Attachment 3) any
Additional Fee Bulky Items and the amount proposed for each of them.
Bulky Items Collection Scenarios
Proposals must provide pricing for two distinct service scenarios stated below. Contractor costs
for each scenario shall be proposed in the Pricing Sheet (Attachment 3).
• Bulky Items Collection Scenario 1: Collection of up to two No Additional Fee Bulky Items /
year for each Customer
o The price of this Bulky Items Collection Scenario 1 shall be bundled in the Core
Service price (i.e. the Customer’s bill shall not include a separate itemized line-item
price for Bulky Items collection)
o Contractor can charge the Customer the additional price included in the contract for
each Additional Fee Bulky Item.
o Customer will pay Contractor directly for each Bulky Item collection requested
beyond the two included items. Pricing for these additional Bulky Items shall be the
pricing proposed in Bulky Items Service Scenario 2.
• Bulky Items Collection Scenario 2: Collection of unlimited Bulky Items for a separate price
o Customer will pay Contractor directly for each item. The price will be separate from
the Core Service price.
4.5 Dumpster Service for Multi-Unit Residential and Commercial Customers
In the Price Sheet (Attachment 3), proposals shall include pricing for Solid Waste and
Recyclable Materials Dumpster service for multi-unit residential buildings or commercial
buildings that opt in to receive such Dumpster service by Contractor. Service frequency and
Dumpster sizes requested are included in the Price Sheet (Attachment 3).
4.6 Other Services or Additional Material Collections or Other Ways to Improve Program
Nothing in this Request for Proposals is intended to limit the Contractor from offering other
services or collecting additional materials or other ideas for ways 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 appropriately licensed / permitted facility
• The City does not wish to pursue seasonal Yard Trimmings collection events or Bulky Items
collection days as part of the scope of the RFP
5.0 OPERATIONAL SPECIFICATION
The Contractor shall provide all resources, equipment, and personnel necessary to perform all
services described herein.
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5.1 Carts
The Contractor shall purchase, assemble, and deliver all Solid Waste, Recyclable Materials,
and Yard Trimmings carts as part of the City’s contract. Cart ownership will transfer to the City
at the end of the Agreement Term. The cost of the carts shall be itemized in the Price Sheet for
purposes of this proposal. The Customer’s bill shall not include a separate itemized line-item
price for carts. The quoted price shall not include any grant funding. The final pricing for carts
shall be reduced an amount equal to any grant funding provided by the City.
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 (if grey carts significantly alter the cart price, Contractor can
propose an alternative color other than blue or green)
o Blue for Recyclable Materials
o Green for Yard Trimmings
• Cart sizes available must be consistent with service levels in Section 4.
• Carts must be compatible with industry standard collection equipment
• Carts shall be manufactured with a minimum of five percent (5%) 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
o Contractor is not required to purchase RFID reading equipment or to use an RFID
tracking or data management system
• Carts shall be hot-stamped with City logo, contact phone number, and have full-color
guidelines for acceptable/unacceptable materials printed on the lids of the Recyclable
Materials and Yard Trimmings carts
o City will provide information and artwork for hot stamp and guidelines printing
o Contractor information shall not be included on carts
• Contractor proposal shall include the proposed cart manufacturer, model number, and brief
summary of the basis for the selected cart manufacturer and model.
o The City retains the right to approve cart manufacturer
• Contractor proposal shall include details about the cart warranty, including length of
warranty and transferability to the City at the end of the 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 City continues to seek grant
funding to offset other cart costs. The quoted price shall not include any grant funding. The final
pricing for carts shall be reduced by an amount equal to any grant funding provided by the City.
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Cart Exchanges and Replacement
Initial Service Start-Up:
• Existing service providers who are not awarded the contract will coordinate with the City to
remove their carts from households shifting to the City contract in a timely manner and with
no charge to the household, per City code
• Contractor proposal shall include a strategy for removing existing Customer carts and
replacing with new carts as well as providing carts to new Customers during the
transition period with no service disruption
• Initial cart delivery and collection of the Contractor’s existing carts shall be at no charge to
the Customer
Ongoing:
• The following cart services shall be provided to the Customer for no additional charge
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
o Contractor shall provide up to two delivery / exchange / repair instances per service
address per year for no additional charge (each instance could involve one or more
carts)
o Contractor can charge Customer a delivery / exchange fee for delivery / exchange /
repair needs beyond two instances per year
• Contractor shall deliver carts requested due to service level change requests, new
service or replacements within 2 business days of request
• Contractor proposal shall provide an overview of the strategy for maintaining the
optimum inventory and mix of cart sizes to support Customers
Cart Maintenance
Contractor shall provide routine cart maintenance, repair and replacement. The cost for such
services shall be incorporated into the cart cost proposed in the Pricing Sheet (Attachment 3).
Contractor shall:
• Maintain carts graffiti-free and in good working condition
• Clean up any spills or litter caused by collection or transportation, regardless of whether it is
on public or private property
• Repair any damaged carts that can reasonably be returned for regular service
• Replace carts that cannot reasonably be repaired
• Recycle any decommissioned carts
Contractor proposal shall include the proposed location(s) for ongoing cart storage, cleaning
and repair.
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5.2 Collection Vehicles
The Contractor shall provide all vehicles and equipment needed for materials collection and
transportation in an efficient and environmentally-sensitive manner.
The Contractor’s proposal shall include details regarding the vehicles it intends to use for the
Collection Services. Details must include, but are not limited to the following:
• Vehicle type, manufacturer, and model number
• Number of vehicle by vehicle type
• Fuel by vehicle type
• Average vehicle age by vehicle type
• Overview of vehicle replacement schedule
• Overview of preventative and corrective maintenance programs
Provide the date, description and resolution/corrective action taken for any vehicle accidents,
infractions, or overweight vehicles that occurred within the last three (3) years.
When operational, all collection and transfer vehicles shall:
• Cover their loads
• Be kept in good repair and appearance
• Be clean and sanitary
• Be compliant with all local, state and federal safety and inspection regulations
Any vehicle leaks or spills shall be cleaned up as soon as possible and no later than 24 hours
after occurrence.
Contractor proposal shall include plan to track and address overweight vehicles. Instances of
overweight vehicles shall be included in the regular report to the City.
Sustainable Vehicles
City goals include decreasing pollution and increasing sustainability. The City welcomes
proposals that further these goals.
Proposals shall include the Contractor’s level of commitment and timing to implement some or
all of the following strategies to support greenhouse gas reduction.
• Convert to and/or expand alternative fuel vehicles, especially electric and/or natural gas
vehicles utilized to provide Collection Services in the City
• Equip vehicle engines with emission-after-treatment devices such as NOx reduction
catalysts and particulate filters
• Equip vehicles with operate-in-gear-at-idle technology and automatic engine shut-
off systems
• Implement other reasonable mitigation or pollution prevention equipment or practices
• Implement noise reduction technology such as low-noise bin lifters and quiet work
practices
An evaluation of fleet status will be a compulsory component of any consideration to a proposed
change in pricing due to the cost of fuel.
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5.3 Collection Personnel
The Contractor shall maintain staffing levels required to support the Collection Services on the
schedules set forth herein. The Contractor shall have implemented 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)
Cell phones shall not be used in a moving vehicle.
5.4 SAFETY
The Contractor shall embrace a culture of safety to include a documented safety program
for the Collection Services. The safety program must include as a minimum the following:
• Health and Safety Training
• Employee/Management Responsibility
• Hazard Recognition and Control
• Incident Reporting and Investigation
The Contractor shall track and report its Experience Modification Rate (EMR) on an annual
basis. As part of the proposal please provide the EMR for the previous three (3) years.
The Contractor shall track and report its OSHA Total Recordable Incident Rate (TRIR) and
Days Away Restricted or Transferred (DART) calculated as follows:
TRIR Number of recordable cases X 200,000 DART Number of DART cases X 200,000
Number of hours worked Number of hours worked
5.5 Collection Schedule
Solid Waste, Recyclable Materials, and Yard Trimmings shall be collected from each Customer
on the same day. On-call Bulky Items collections can be on a different day.
Hours and Holidays
All collections shall be conducted between 7 AM and 7 PM Monday through Friday and 7 AM to
7 PM on Saturdays during any week with a holiday. No collections shall occur on Sundays or
holidays unless expressly authorized by the City Representative. Holidays shall include New
Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day.
Severe Weather Protocol
Contractor may suspend service on days that the City closes or when the City declares a late
start due to severe weather or other times authorized by the City Representative. In the event of
a closure/late start due to severe weather, the City will post a notification by 5 AM.
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Contractor shall collect any missed collections due to suspended service within one calendar
day of City facilities opening 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.)
5.6 Program Transition Services
The transition period will begin on the contract Effective Date and end on the Service
Commencement Date.
City Responsibilities
• Collaborate with the Contractor to design public notifications and service tags for the
Collection Services
• Provide City information for cart hot stamps and artwork for printed material guidelines on
cart lids
• 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 contracted hauling program) 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
contract. The City will keep the phone number for contract customer service, regardless of
whether a different Contractor is selected in the future
• Coordinate removal of carts from Customers of other service providers
• Establish Customer billing rates based on the contract pricing and the City’s administrative
fee established by the City Council
Contractor Responsibilities
Contractor’s proposal will include proposed dates for each of the following activities to be
completed during the transition period and thereafter during the term of the contract:
• Develop, produce and distribute public notifications to Customers
o Contractor shall collaborate with the City to design the public notifications and City 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
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▪ 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
• Facilitate and manage Customer cart size selection
• Conduct all billing set up
• 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. 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 1 color
o Have a mechanism for temporary attachment to carts
o Be a minimum size of 5” x 10”
• Remove all carts from existing Customers at no additional cost per Section 5.1
• Provide all other services stated in the RFP and/or required to provide Collection Services in
accordance with the terms of the Agreement.
5.7 Customer Billing
All Customer billing shall be conducted by the Contractor on behalf of the City.
Customer rates will be established by the City based on Contract pricing and City administrative
fee. Rates and fees shall remain unchanged during each Service Year unless otherwise
approved by an amendment to the Agreement. Customer bills may be on a monthly or quarterly
schedule and can be assessed in advance or in arrears. Contractor proposal shall include the
anticipated billing frequency and whether it will be assessed in advance or in arrears and why.
Contractor proposal shall address how the Contractor proposes to address the funding from
Extended Producer Responsibility when it comes available. See C.R.S. 25-17-101 et seq.
All Customer bills shall include the following:
• Applicable Core Service rates
• Statement that Recyclable Materials collection (and seasonal Yard Trimmings collection if
City selects Yard Trimmings collection scenario 1) are bundled services (i.e., Customer
cannot elect not to receive)
o City will provide text
• Separate itemization of any fees for overflow Solid Waste, contamination, Bulky Items
collection and any other fees approved by the City
o The only fees allowed on Customer bills are those described in this Request for
Proposals and incorporated into the executed agreement. All costs of service must be
addressed in the Core Service rate or fees described in this Request for Proposals
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• City administrative fee(s) may be itemized separately or included with the Core Service price
at the City’s discretion. If itemized, the City will provide text to be included
• Bills shall include text in Spanish providing Customers with directions for requesting their full
bill in Spanish
The Contractor shall provide Customer name, service address, billing address, phone number,
Customer email, cart number and related cart sizes per service type to the City in an electronic
format acceptable to both parties at the end of the Agreement.
5.8 Customer Service and Education
All customer service functions shall be provided starting in the transition period and shall
continue through the Agreement Term. Contractor proposal shall include dates within the
transition period when partial and/ or full Customer service capabilities will be provided that align
the Contractor’s proposed transition schedule.
Dedicated Customer Service Representatives
Prompt customer service from representatives that understand Fort Collins’ program is very
important to the City. Although the City prefers the Contractor’s customer service office to be
located in Fort Collins, the City will consider other approaches. However, all dedicated
customer service staff shall have a comprehensive working knowledge of Fort Collins
neighborhoods and the specific details of services and rates provided under the Agreement.
Contractor proposal shall include the number of customer service representatives they will
dedicate to service the Customers (distinct from centralized call center responsibilities that
service many communities), where the customer service representatives will be located, and
how Contractor will ensure customer service representatives are familiar with Fort Collins’
contract and neighborhoods.
Customer Service Hours
Dedicated customer service staff shall be available at a minimum from 8 AM to 5 PM MST
Monday through Friday and Saturdays during weeks when holidays or service suspensions
require Saturday collections. Contractor proposal shall include the hours for which dedicated
customer service representatives will be available for Customers. Contractor proposal may, but
is not required to, propose roll over hours to national call centers to extend customer service
hours (only outside of minimum business hours).
Customer Queries, Complaints and Service Change Requests
The Contractor shall detail in the RFP response their approach to effectively meet the following
requirements:
• Address all issues directly
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 shall be able to leave direct voice mail message; Contractor shall
respond to Customer query within 1 business day
o Maintain an average hold time of two minutes or less for customer service over the
phone
o Maintain an average abandonment rate of less than one percent of customer calls for
customer service over the phone
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• Resolve any missed collection issues within 1 business day
o Excluding delays associated with service suspensions
o Excluding instances where Customer had late set-out, blocked cart or excessive
contamination (all of which shall be resolved or referred to the City within 1 calendar
week)
• Resolve any other Customer or City complaints within 2 business days
• Respond to any service change or Bulky Items collection requests within 2 business days
o Actual change or collection shall be completed within 1 calendar week
• Resolve all complaints and requests to the satisfaction of Customers and the City
• City shall have access to the recording of any complaints received via phone (upon request)
• City Representative or their designate shall be copied on all responses to written complaints
via email, forms, or other means. The original complaint shall be included in any response.
• Contractor proposal may include proposed Customer service metrics beyond those stated in
Section 5.9
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 5.6
• 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 (if applicable) etc.)
• Providing service tags and utilizing them as noted throughout this RFP,
• Providing Customers with options for e-mail and text reminders prior to collection days
• Providing the City with information that will impact Customer service at least thirty days
before any changes go into effect
o Including changes in accepted Recyclable Materials or Yard Trimmings, equipment,
routing, collection schedule etc.
Contractor proposal shall include examples of similar customer notifications, service tags,
websites, and collection day reminders created for other communities it has serviced, if
applicable.
5.9 Regular Reports
All reports shall be submitted electronically in a format and with a level of detail that is
acceptable to the City. 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. 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:
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Immediate Reporting
• 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 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 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 City will develop list of complaint types that are mutually
agreeable, and they may include missed pick up, 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.)
• 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
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
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▪ 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)
• Customer service
o Number of customer communications
▪ Include date and type of customer service (complaint, service change, or
information request)
o Average hold times for phone calls
o Average number of phone calls per time of day
▪ Contractor and City shall mutually determine time categories, such as before 8
am, 8am-11am, 11am-1pm, 1pm to 3pm, 3pm -5pm, after 5pm
• 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 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 performance violations and associated liquidated damages remitted to
the City
▪ Amount of fees charged, sorted by fee type
▪ Core Service rates charged to Customers
• Summary of Bulky Item material collection by item type
• Facilities where City Solid Waste, Recyclable Materials, Yard Trimmings and Bulky
Items were delivered for reuse, recycling, composting, disposal or other management
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• 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 numbers and related cart sizes per service type
• Customer invoice
• Photograph of any incident of 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
Quarterly Meeting
City representative and Contractor contact shall meet quarterly to review and discuss Contractor
performance. Either entity 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. Contractor records shall be available at all reasonable
times for inspection by the City. The City will retain full auditing rights of the Contractor’s
accounting records as they pertain to the City’s contract.
5.10 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.
Contractor proposals may include a description and prices (see the Pricing Sheet (Attachment
2)) for the Contractor to conduct an annual Solid Waste composition analysis to identify
Recyclable Materials and Yard Trimmings still being landfilled, and possible composition
analysis of Recyclable Materials and/or Yard Trimmings to identify contamination percentages
and items. Composition analysis should utilize the same material categories as past City
composition analysis and the same methodologies as much as possible. See 2016 City Solid
Waste Composition Analysis at
https://www.fcgov.com/recycling/pdf/2016_Landfill__Waste_Composition_Report_28Fort_Collin
s29.pdf?1555024955
5.11 Contractor Compensation
Service Price Changes
The City agrees that the Contractor’s pricing as stated in Attachment 3 may be adjusted
annually beginning on the first anniversary of the Service Commencement Date and
annually thereafter to reflect changes in the cost of doing business except in instances when
performance violations on contract non-compliance issues are unresolved. The adjustment
will be the lesser of the Denver-Boulder-Greeley Consumer Price Index (CPI) or three
percent annually.
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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 such as disposal or processing tip fee increases, fuel cost 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
shall consider decreases in fuel costs (if any) as reported by the US Energy Information
Administration for the Rocky Mountain region and / or Recyclable Materials tip fees as a
potential counter-balance 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 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.
5.12 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 within 30 calendar days of the last day of the calendar quarter via check or
electronic transfer (at the City’s discretion).
6.0 CONTRACTOR PERFORMANCE
6.1 Performance Standards & Liquidated Damages
Performance standards and liquidated damages for non-compliance to the Agreement
requirements are stated in Table 5. In the event the Contractor fails to sustain the stated
Performance Standard and/or any non-compliance with the terms of the Agreement may be
considered a default subject to resolution in accordance with the terms of the Agreement. Table
5 consists of the following sub-tables:
In the event of a non-compliance, the City will notify the Contractor in writing of the basis of
each assessment of liquidated damages and will work in good faith with the Contractor to
resolve any disputes related to liquidated damages. Liquidated damages will be due to the City
on the next quarterly remittance following assessment of the liquidated damages (per Section
5.12).
See Next Page for Table 5
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Table 5
PERFORMANCE STANDARDS & LIQUIDATED DAMAGES
Material Conditions for Contract Default
PERFORMANCE STANDARD VIOLATION LIQUIDATED
DAMAGES
CALCULATION
BASIS
PERFORMANCE
STANDARD
Failure to meet schedule for any transition
activity
$500 per
day Daily 100%
Failure to deliver all Solid Waste to Larimer
County Landfill or other permitted landfill
(depending on scenario City selects), all
Recyclable Materials to Larimer County
Recycling Center or other permitted recycling
center (depending on scenario City selects),
and all Yard Trimmings to approved 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
IRLOC
expiration
date
100%
Misrepresentation in reporting including
inaccurate City 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 City 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 3 years
$3,000 per
incident
Each City
Audit 100%
Failure to provide the date, description and
resolution/corrective action taken for any
vehicle accidents, infractions, or overweight
vehicles that occurred within the last three (3)
years.
$1,000 per
incident
Each
Reporting
Period
100%
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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 bill for fees not
approved by City OR failure to provide text in
Spanish with directions for accessing full bills in
Spanish
$3,000 per
billing
Each Billing
Period 100%
Failure to provide the number of dedicated
service representatives familiar with city
neighborhoods and City contract during
business hours that are agreed upon in Service
Agreement
$500 per
day Daily 100%
Daily Operations
PERFORMANCE STANDARD VIOLATION LIQUIDATED
DAMAGES
CALCULATION
BASIS FOR
PERFORMANCE
STANDARD
CORRECTIVE
ACTION TIME
PERIOD
PERFORMANCE
STANDARD
Collection before 7 AM or after 7 PM or
not on the designated scheduled
collection day (each route shall be
separate incident)
$250 per
incident Monthly
Collected
between 7AM
and 7PM on
scheduled
collection day
98%
Failure to collect missed collections within
1 business day (excludes late set-outs &
blocked carts which shall be collected
within 1 calendar week) (excludes severe
weather delays, which shall be serviced in
accordance with Section 5.5)
$250 per
Customer per
day
Monthly
Within
specified time
frame
98%
Failure to deliver carts after service start-
up OR to replace damaged/lost carts
within 2 business days
$250 per day
per cart Monthly Within 2
business days 98%
Failure to respond to Customer queries
within 1 business day
$250 per
incident Monthly Within 1
business day 98%
Failure to resolve billing inquiries and
disputes within two business days
(including Saturdays where staffing is
required)
$250 per
incident Monthly Within 2
Business Days 98%
Failure to maintain an average hold time
of two minutes or less for customer
service over the phone
$250 per
incident Monthly Average <2 Minutes 98%
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Failure to maintain an average
abandonment rate of less than one
percent of customer calls for customer
service over the phone
$250 per
incident Monthly Average
<1% of
Customer
Service calls
98%
Failure to resolve Customer or City
complaints within 2 business days
$250 per
Customer per
day
Monthly Within 2
business days 98%
Failure to clean up any vehicle leaks or
collect materials spilled during the
execution of Collection Services within 24
hours
2X cost of
clean-up
incurred by
City
Monthly Within 24
hours 100%
Collection of overflow Solid Waste,
prohibited materials, contaminated
Recyclable Materials or contaminated
Yard Trimmings without tagging &
charging appropriate fee to customer
$500 per
incident Monthly Each Customer 98%
Failure to maintain carts in good working
condition including needed repairs in
accordance with the Agreement
$100 per Cart Monthly Each
Customer’s 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 that are clean, sanitary & in good
working order
$250 per
incident Each Load Each Vehicle 100%
Failure to provide Bulky Item collection
within 1 calendar week of Customer
request
$250 per
Customer per
day
Monthly Within 1
calendar week 98%
Driver providing Collection Service utilizing
a cell phone in a moving vehicle
$500 per cell
phone
infraction
Monthly All drivers 100%
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%
98%
6.2 Contactor Performance Review
The City reserves the right to conduct a full review of Contractor performance at any time during the
contract term if any condition identified in the Agreement (see Attachment 4) occurs. If during the
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review process the City finds that Contractor performance is unacceptable (regardless of remedies
completed or penalties paid), it may subject the Contractor to the requirements of the termination
clause in the Agreement (Attachment 4).
6.3 Irrevocable Letter of Credit
During the Term of the Agreement, the Contractor shall maintain an Irrevocable Letter of Credit as
stated in the Agreement. (See Attachment 4).
7.0 REVIEW AND ASSESSMENT CRITERIA
Contractors will be evaluated on the criteria stated in Table 7. This set of criteria will be the basis for
review and assessment of the written proposals and optional interview session. At the discretion of
the City, interviews of the top-rated Contractors may be conducted.
The rating scale shall be from 1 to 10 for each criteria category with the following baseline for ratings:
• 1 = does not meet minimum requirements
• 5 = fulfills the minimum requirements
• 10 = exceeds minimum requirements in that category
Table 7
PROPOSAL EVALUATION CRITERIA
CRITERIA
WEIGHTING
Acceptance Key Components of City Contract and Ability to
Meet Service Requirements 10%
Strategy(ies) for Enhanced Sustainability and Equity 15%
Commitment to a High-Level of Customer Service 35%
Customer Pricing 40%
Total 100%
8.0 ANTICIPATED SCHDULE
The following represents the City’s target schedule for the RFP. The City reserves the right to amend
the target schedule at any time.
• RFP issuance: September 12, 2022
• Pre-bid meeting: 1:00 PM MT on September 26, 2022
• Question deadline: 5:00 PM MT on October 3, 2022
• Proposal due date: 5:00 PM MT (our clock) on October 24, 2022
• Interviews (tentative): November / December 2022
• Award of Contract (tentative): February 2023
9.0 INTERVIEWS
In addition to submitting a written proposal, the top-rated Contractor may be interviewed by the RFP
assessment team and asked to participate in an oral presentation to provide an overview of the
company, approach to the project and to address questions. The evaluation criteria for the oral
interviews will be the same as the criteria for the written evaluations and is included in Section 8.0.
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Because of recent events involving COVID-19, the City may use non-traditional methods for the
optional interview phase of the assessment process. The City will receive and score written proposals.
However, instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a platform such
as Microsoft Teams or Zoom.
10. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding
cover pages, table of contents, dividers and Acknowledgement form, and Pricing Sheet). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing.
Links to other files or websites shall not be permitted. Proposals that do not conform to these
requirements may be rejected.
Contractors are required to provide detailed written responses to the following items in the order
outlined below. The responses shall be considered technical offers of what Contractors propose to
provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal
that does not include all the information required may be deemed non-responsive and subject to
rejection.
Responses must include all the items in the order listed below. It is suggested that the Contractors
include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
10.1 Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the program
offered, including a general description of the program and any unique aspects or benefits provided
by your firm.
Indicate your availability to participate in the interviews on the proposed dates as stated in the Section
8, Anticipated Schedule.
10.2 Contractor Background
1. Describe the Contractor’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our account.
7. Primary contact information for the company including contact name(s) and title(s), mailing
address(s), phone number(s), and email address(s).
10.3 Scope of Proposal
Solid Waste Collection Service
• Complete Pricing Sheet (Attachment 3) for Solid Waste Collection Service and overflow
Solid Waste fee
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• Provide program details for the Super Saver Service
o Container type
o Service frequency
o If proposing bag / tag / sticker service, include location within City limits where
customer would purchase bags / tags / stickers
Recyclables Collection Service
• Address any proposed additions to the materials stated in Table 3
• Complete Pricing Sheet (Attachment 3) for Recyclable Materials Service Scenario 1: Every-
other-week collection of up to two Large Recyclable Materials Carts
• Complete Pricing Sheet (Attachment 3) for Recyclable Materials Service Scenario 2: Weekly
collection of one Large Recyclable Materials Cart
Yard Trimmings Service
• Planned destination(s) for Yard Trimmings
• May identify any proposed additions to the materials included in Table 4
• Complete Pricing Sheet (Attachment 3) for Yard Trimmings Service Scenario 1: Bundled
seasonal Yard Trimmings collection service for 100% of Customers
Complete Pricing Sheet (Attachment 3) for Yard Trimmings Service Scenario 2: Optional
seasonal Yard Trimmings collection service with estimated participation rate of 75% of
Customers
Bulky Items Collection
• Provide details about the types of collection equipment to be used for Bulky Items collection
• Address your approach to encourage Customers to reuse Bulky Items rather than landfilling
them
• Complete Pricing Sheet (Attachment 3) for Additional Fee Bulky Items proposed items and
related prices
• Complete Pricing Sheet (Attachment 3) for Bulky Items Collection Scenario 1: Collection of
up to two No Additional Fee Bulky Items / year for each Customer
• Complete Pricing Sheet (Attachment 3) for Bulky Items Collection Scenario 2: Collection of
unlimited Bulky Items for a separate price
Dumpster Service
• Complete Pricing Sheet (Attachment 3) for proposed pricing for Solid Waste and Recyclable
Materials Dumpster service for multi-unit residential buildings with eight or more units and
commercial buildings that opt in to receive such service by Contractor
Additional Services or Additional Material Collection or Other Ways to Improve Program
• Provide details about any proposed additional services and/or additional material collections
and/or other ways to improve the program to be included in the scope of the City’s
Agreement
• Provide pricing for any proposed additional services and/or additional material collections or
other program improvements. Include pricing in an addendum to the Pricing Sheet
(Attachment 3)
10.4 Operational Specifications
Carts
• Provide proposed cart manufacturer, model number, and brief summary of the basis for the
selected cart manufacturer and model
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• Provide details about the cart warranty, including length of warranty and transferability to the
City at the end of the Agreement Term
• Complete the Pricing Sheet (Attachment 3) for the cost to be applied to the Customer bill for
the purchase, assembly, delivery and maintenance of the carts
• Provide strategy for removing existing Customer carts and replacing with new carts as well
as providing carts to new Customers during the transition period with no service disruption
• Provide overview of strategy for maintain the optimum mix of cart sizes to support
Customers
• Provide details about the proposed location for ongoing cart storage, cleaning and repair
Collection Vehicles
• Provide details about the vehicles to be used for the Collection Services including but not
limited to the following:
o Vehicle type, manufacturer, and model number
o Number of vehicles by vehicle type
o Fuel by vehicle type
o Average vehicle age by vehicle type
o Overview of vehicle replacement schedule
o Overview of preventative and corrective maintenance programs
• Plan to track and address overweight vehicles
• Sustainable vehicle strategy including
o Contractor’s level of commitment and timing to implement all or some of the
strategies to reduce greenhouse gases (see Section 5.2 for complete list)
Program Transition Services
Contractor’s proposal will include proposed dates for each of the following activities:
• Develop, produce and distribute public notifications to customers
o Contractor shall collaborate with the City to design the public notifications and City
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
• Facilitate and manage Customer cart size selection
• Conduct all billing set up
• 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. Tags shall:
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 35 of 42
o Include text in English and Spanish
o Be made of durable, water-resistant material that can be written on
o Be printed with 1 color
o Have a mechanism for temporary attachment to carts
o Be a minimum size of 5” x 10”
• Remove all containers from existing Customers at no additional cost per Section 6.1
• Purchase, assemble and deliver new carts to all Residential Units
• Provide services included in this Request for Proposals
Billing
• Anticipated billing frequency and whether it will be assessed in advance or in arrears and
why
• Address how the Contractor proposes to address the funding from Extended Producer
Responsibility when it comes available (HB22-1355)
Customer Service and Education
• Dates within the transition period when partial and/ or full Customer service capabilities will
be provided that align the Contractor’s proposed transition schedule
• Number of customer service representatives Contractor will dedicate to service the
Customers (distinct from centralized call center responsibilities that service many
communities), where the customer service representatives will be located, and how
Contractor will ensure customer service representatives are familiar with Fort Collins’
contract and neighborhoods
• Hours for which dedicated customer service representatives will be available for Customers
• May propose roll over hours to national call centers to extend customer service hours (only
outside of minimum business hours)
• Details of how Contractor shall:
• Address all issues directly
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 shall be able to leave direct voice mail message; Contractor shall
respond to Customer query within 1 business day
• Resolve any missed collection issues within 1 business day
o Excluding delays associated with service suspensions
o Excluding instances where Customer had late set-out, blocked cart or excessive
contamination (all of which shall be resolved or referred to the City within 1 calendar
week)
• Resolve any other Customer or City complaints within 2 business days
• Respond to any service change or Bulky Items collection requests within 2 business days
o Actual change or collection shall be completed within 1 calendar week
• Resolve all complaints and requests to the satisfaction of Customers and the City
• May include proposed customer service metrics beyond those listed in Section 6.8
• Include examples of similar customer notifications, service tags, websites, and collection day
reminders created for other communities it has serviced, if applicable
Solid Waste, Recyclable Materials and Yard Trimmings Composition Analysis
• Contractor proposals may include a description and costs (see the Pricing Sheet
(Attachment 3))
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 36 of 42
Confidential Redacted Version of Contractors Proposal
Provide redacted version (if applicable) of proposal for public disclosure. Any proposed redactions
must be limited to “trade secrets, privileged information, and confidential commercial, or financial
information” pursuant to the Colorado Open Records Act (CORA). Contractor must submit a
supplemental document explaining the justification for each redaction.
Subcontractors
The Contractor shall provide details regarding any subcontractors contractor proposes to use to
provide services under the Agreement.
Acknowledgement
All Contractors submitting a proposal must sign the Acknowledgement Form (See Attachment 1)
10.5 Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s commitment to
sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in determining the final
Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social, environmental, and
economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples
along with any metrics used to measure success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable
practices in previous similar projects on which your firm has been the prime Contractor.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on environmental
health priorities in the areas of climate resiliency, water quality and watershed protection,
regulatory performance, management systems, air quality, renewable energy, sustainable
building and design, construction materials management, and Solid Waste reduction.
b. Economic – Experience working and delivering projects with an emphasis on strategic
financial planning, job creation, business development, asset management, various project
delivery methods, value engineering, regional partnerships, transparency, stakeholder
engagement, strategic investments, aging infrastructure, repurposing of existing facilities,
and competing financial priorities.
c. Social - Experience working and delivering projects, programs, and/or initiatives that
support Equity, Diversity, and Inclusion throughout your firm’s workplace, including
leadership, and supply chain. Examples of this may be demonstration of working within
cultural and language gaps, development of diversity programs, diverse project teams,
equitable opportunity vendor supply chain, and how your firm has applied an equity lens to
processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
11. SAMPLE AGREEMENT
Included with this request for proposals is a sample Agreement that the City intends to use for
obtaining the services of the Contractor. The Contractor is required to review this Agreement and
indicate any objections to the terms of the contract. If revisions to the contractual terms are requested,
provide suggested revisions.
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 37 of 42
12. ACKNOWLEDGEMENT
The Acknowledgement form is attached as Attachment 1. Complete the attached form indicating the
Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that the Contractor has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP.
See Next Page for Attachment 1
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 38 of 42
Attachment 1
ACKNOWLEDGEMENT
Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 9648 Residential Solid Waste Collection and sample
Agreement except as otherwise noted. Additionally, Contractor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Contractor’s knowledge and belief.
b. Contractor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Contractor further agrees that the method of award is acceptable.
e. Contractor also agrees to complete the proposed Agreement with the City of Fort Collins within
10 days of notice of award. If contract is not completed and signed within 10 days, City
reserves the right to cancel and award to the next highest rated firm.
f. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). Contractor hereby waives any and
all claims for damages against the City for the City’s good faith compliance with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 39 of 42
Attachment 2
HOAs
See Next Page
EXHIBIT A
S COLLEGE AVES SHIELDS STW HORSETOOTH RDS OVERLAND TRLW MULBERRY ST
E MULBERRY STS TIMBERLINE RDS LEMAY AVESLEMAY AVELAPORTE AVE
EHARMONY RDZIEGLERRDNUS
HI
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2
8
7
N HOWESSTW LAUREL
ST
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ZIEGLERRDCOUNTRY CLUB RD
N SHIELDSSTW WILLOX
LN TURNBERRYRDNOVERLAND TRL
KECHTER RD
W VINE DR
N MASONSTS COUNTYROAD 11N COLLEGE AVERICHARDS LAKE RD
W MOUNTAIN
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5
4G
E PROSPECT RD
W ELIZABETH ST
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WCOUNTY ROAD
3 8 E
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ROAD 50
MOUNTAIN VISTA
DRTERRYLAKERDGR
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RRDN SHIELDS STS COUNTY ROAD 5TURNBERRY RDMAIN STN TIMBERLINERDNUSHIGHWAY28
7
KECHTER RD THREEBELLPKWYE HORSETOOTH RD
STATE
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WH
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W DOUGLAS
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ROAD 36
N
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S COUNTYROAD 3E DRAKE RD
W TRILBY RD
W BOARDWALK DR
W TROUTMAN PKWY
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S USHIGHWAY 287S
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1
3 S COUNTY ROAD 5CARPENTER RD
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ROAD 52
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8
7 N COUNTYROAD 17N COUNTYROAD 19INTERSTATE25E COUNTY
ROAD 48
N TAFTHILL RDE COUNTY
ROAD 30 INTERSTATE25N COUNTY ROAD 5N TAFTHILL RDSTIMBERLINE RDN TAFT HILLRDS COUNTY ROAD 19GIDDINGSRDN COUNTYROAD 9S COUNTYROAD 9E COUNTY ROAD 54
E HORSETOOTH RD
E HARMONY RD
Esri, NASA, NGA, USGS, City of Fort Collins, Esri, HERE, Garmin, SafeGraph,
GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA
Residential Areas That May Be Serviced by a
Contracted Hauler
HOA with Contract by #
Units, Likely Excluded
0-10
10-50
50-100
100-300
300-500
500-700
Class
Not Primary Residential
Out of Scope Residential
Primary Residential
Public Land
City Limits
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 41 of 42
Attachment 3
Pricing Sheet
See Separate Excel Attachment
EXHIBIT A
RFP 9648 Residential Solid Waste Collection Page 42 of 42
Attachment 4
Agreement
See Next Pages
EXHIBIT A
1
AGREEMENT FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES
THIS AGREEMENT FOR RESIDENTIAL SOLID WASTE COLLECTION
SERVICES ("Agreement") is made and entered into 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 _________________________________
("Contractor''), whose address is _______________________________________________,
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 __, 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
x, Article y of the City Code; and
WHEREAS, pursuant to C.R.S. § 30-15-401(7.5) and Section 8-186(a) of the City
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. “Bulky Waste” means Solid Waste that does not fit in a closed solid waste cart,
excluding hazardous waste, electronics, yard trimmings, recyclable cardboard,
items that weigh more than 60 pounds, and items larger than 6’ x 6’.
B. "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.
C. “Customer” means a customer of the Collection Services.
D. “Contractor” means _Firm Name_______________.
E. “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 or
recyclable materials.
EXHIBIT A
2
F. “Effective Date” means the effective date of this Agreement, which shall be the
date stated in Section 4, Contract Term.
G. “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.
H. “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.
I. “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.
J. “Recyclable materials” means the materials listed in Table 3 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.
K. “Residential Units” means all single-unit residential buildings, and multi-unit
residential buildings containing seven (7) dwelling units or fewer within the City,
subject to certain exceptions and City-granted variances as stated in Exhibit A.
Residential units also includes any service opt-in customers.
L. “Service Opt-in” means Homeowner Associations within the City that meets an
exception to the definition of Residential Units as provided in Exhibit A that opts-
in to be a Customer and/or a multi-unit residential building containing eight (8) or
more dwellings within the City that opts-in to be a Customer.
M. “Services Commencement Date” means as stated in Section 5 of this Agreement.
N. “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
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.
EXHIBIT A
3
O. “Yard trimmings” means those materials included in Table 4 of Exhibit A and any
other similar organic materials identified by Contractor and approved by the City
as yard trimmings.
2. Scope of Agreement.
A. This Agreement pertains to Collection Services for Residential Units in the
City 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 provide a high level of customer service, timely
accurate billing, and the collection, transportation and disposal of solid waste,
recyclables, yard trimmings, bulky waste from Residential Units in accordance
with the provisions of this Agreement.
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 and recyclables in accordance
with applicable laws and regulations.
3. Scope of Services. Beginning on the Effective Date or Services Commencement Date,
as applicable, the Contractor will provide the following services to the City or, as
applicable, to each Customer:
A. Contractor's Proposal. Contractor's Proposal is incorporated into this
Agreement by this reference. In the event a conflict exists between this
Agreement and any term in the Proposal, the terms in this Agreement shall
supersede the terms in Proposal.
B. Collection Services. Collection of solid waste, recyclables, yard trimmings,
bulky waste and associated services for Residential Units shall be in
accordance with Exhibit A, which is attached hereto and incorporated herein
by this reference.
C. Operating Specifications. All services performed hereunder shall be subject to
the requirements stated in Exhibit B, which is attached hereto and incorporated
herein by this reference.
D. Contractor Performance. The Contractor is required to provide a high level of
customer service, timely and accurate billing provided by Contractor 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 C. The parties agree,
assigning a monetary value for damages to the City and the public for performance
EXHIBIT A
4
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 C,
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.
E. Pricing. The Contractor shall perform Collection Services for Residential
Units at the prices stated in Exhibit D, which is attached hereto and
incorporated herein by this reference.
F. 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 of the type and with the limits
specified within Exhibit E, which is attached hereto and incorporated herein
by this reference. Prior to the Effective Date of the Agreement, the Contractor
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 acceptable to the
City.
G. Confidentiality. The Contractor shall comply with Exhibit F, which is attached
hereto and incorporated herein by this reference.
4. Contract Term. Subject to approval by ordinance of the Fort Collins City Council, this
Agreement shall commence effective ____________ (“Effective Date”) and shall
continue in full force and effect for five (5) years from the Services Commencement Date,
unless terminated as provided herein (“Term”).
5. Services Commencement Date. The Services Commencement Date is the date the
Contractor starts collecting solid waste, recycling, yard trimmings, and bulky waste under
the Agreement. This date shall be mutually agreed upon by the parties and will be not
less than six (6) and not more than twenty-four (24) months from the Effective Date of
the Agreement
6. Early Termination by City. Notwithstanding the time periods contained herein, the City
may terminate this Agreement at any time without cause by providing written notice of
termination to the Contractor. Such notice shall be delivered at least six (6) months prior
to the effective date of the termination.
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
EXHIBIT A
5
cart multiplied by the number of months remaining to reach five (5) years from the
Service Commencement Date. Upon transfer of ownership any manufacturer’s warranty
for the carts shall transfer to the City.
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
City
City of Fort Collins
Attn: Project Manager
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
PO Box 580
Fort Collins, CO 80522
9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the City, it shall be subject to annual
appropriation by City Council as required in Article V, Section 8(b) of the City Charter,
City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The
City shall have no obligation to continue this Agreement in any fiscal year for which no
such supporting appropriation has been made.
10. City Representative. The City has designated __________________________ to serve
as its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the Services provided under this Agreement. The
City may change its representative by providing written notice of such change to
EXHIBIT A
6
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 Contract Period. 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. Contractor may not subcontract any of the Collection Services set forth
in this Agreement without the prior written consent of the City. If any of the Services are
subcontracted hereunder (with the consent of the City), then the following provisions
shall apply: (a) the subcontractor must be a reputable, qualified firm with an established
record of successful performance in its respective trade performing identical or
substantially similar work, (b) the subcontractor will be required to comply with all
applicable terms of this Agreement, (c) the subcontract will not create any contractual
relationship between any such subcontractor and the City, nor will it obligate the City to
pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will
be subject to inspection by the City to the same extent as the work of the 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 without the prior
written consent of the City.
15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided
to the City under this Agreement or cause of action arising out of performance of this
Agreement.
16. Warranty.
A. The Contractor hereby warrants that it is qualified and has the 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.
EXHIBIT A
7
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.
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. "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, 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 the Service Provider’s ability to
access or use financial resources; or labor disputes or strikes. Weather that causes City
closures or delayed starts, as referenced in the Severe Weather Protocol in Exhibit A, is
not a force majeure act or event. To the extent that the performance is actually prevented,
the Service Provider must provide written notice to the City of such condition within ten
(10) days from the onset of such condition.
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
EXHIBIT A
8
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.
20. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this Agreement, such party may be declared in default thereof.
21. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail themselves of any other remedy at law or equity. If the non -
defaulting party commences legal or equitable actions against the defaulting party, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's
reasonable attorney fees and costs incurred because of the default.
22. 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 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.
EXHIBIT A
9
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.
23. 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 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.
24. Indemnity. The Contractor agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
The Contractor shall take all necessary precautions in performing the work hereunder to
prevent injury to persons and property.
25. 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.
26. 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.
27. 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.
EXHIBIT A
10
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 vendors 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 vendors and their subcontractors at every tier.
28. 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.
29. 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.
30. 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.
31. 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.
Signature Page Follows
EXHIBIT A
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day
and year first written above.
CITY OF FORT COLLINS CONTRACTOR
________________________________ ________________________
Kelly DiMartino, City Manager
_____________
Date
CITY OF FORT COLLINS
________________________________
Gerry Paul, Purchasing Director
_____________
Date
APPROVED AS TO FORM
________________________________
ATTEST
________________________________
EXHIBIT A
EXHIBIT A
SCOPE OF WORK/COLLECTION SERVICES
EXHIBIT A
EXHIBIT B
OPERATION SPECIFICATIONS
EXHIBIT A
EXHIBIT C
CONTRACTOR PERFORMANCE
EXHIBIT A
EXHIBIT D
PRICING
EXHIBIT A
EXHIBIT E
INSURANCE
The Contractor will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Contractor shall furnish the City with certificates of insurance showing the type, amount, class of
operations covered, effective dates and date of expiration of policies.
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 may deduct the cost of such insurance from any monies which may be due or become
due the Contractor under this Agreement.
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 during the
life of this Agreement 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 each employee, or as required by Colorado law.
B. General Liability. The Contractor shall maintain during the life of this Agreement 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 during the life of this Agreement 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.
EXHIBIT A
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.
EXHIBIT A
EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant
to this Agreement (the “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. Pursuant to
C.R.S. § 24-73-102, Contractor shall 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.
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.
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
EXHIBIT A
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.
EXHIBIT A
Addendum 1 Page 1 of 6
ADDENDUM NO. 1
RFP 9648 Residential Solid Waste Collection Services
CLOSING DATE: 5:00 PM MT (Our Clock) October 24, 2022
To all prospective proposers under the specifications and contract documents described above,
the following changes/additions are hereby made and detailed in the following sections of this
addendum:
Exhibit 1 – Questions and Answers
Please contact Gerry Paul, Purchasing Director, at gspaul@fcgov.com with any questions
regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE REQUEST FOR PROPSAL STATING THAT THIS ADDENDUM HAS
BEEN RECEIVED.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
EXHIBIT A
Addendum 1 Page 2 of 6
Questions and Answers:
1. For Bulky Items Scenario 2, is that an on-call service? Customers would call in to
request pick-up.
Answer: On-call means that the service is only provided when a Customer calls to
request the service (as opposed to regularly-scheduled service).
2. Does Fort Collins have a storage yard we could use to store carts as they are deployed?
Answer: Proposals must reflect the RFP request that the Contractor is responsible for
securing space for cart storage during assembly and delivery. Contractors may also
propose an alternative scenario proposing the City provide a space and related cost
savings.
3. What process was used to gather information related to container size currently in use
by residents?
Answer: One of the requirements of Fort Collins’ hauler license is that haulers report the
number of homeowners’ association and open market customers and the size of cart to
which they subscribe. The table in the Request for Proposals (RFP) is a compilation of
that information from 2021 reports from all residential haulers currently servicing Fort
Collins.
4. On the bulky item definition, is it correct that anything over 60 pounds is not considered
a bulky item?
Answer: The following items are always excluded from the Bulky Items collection:
Hazardous Waste, Electronics, Yard Trimmings, Recyclable Cardboard.
The following items may be included in the Additional Fee Bulky Items at a fee
determined by the Contractor: items that weigh over 60 pounds, items larger than 6’ x 6’,
and other items identified by the Contractor.
5. Will the City of Fort Collins be responsible for maintaining the Utility lines within the
Alleyways? Our firm requires a minimum height of 15ft to enter the alley safely.
Answer: Fort Collins utility lines are primarily underground. In general, the owner of the
utility line is responsible for its maintenance. There may be various owners of any
overhead lines in Fort Collins alleys.
6. Will code enforcement handle overgrown trees to ensure we can safely navigate the
alleys and roadways?
Answer: The City Forester is generally responsible for the maintenance of trees within
the City’s rights-of-way and on other City property.
EXHIBIT A
Addendum 1 Page 3 of 6
For trees located on other property, the property owner is responsible for tree
maintenance, including for trees in an alley adjacent to the property up to the center line
of the alley.
Property owners must ensure tree branch growth is maintained at a height no lower than
14 feet over the travel lanes of a street or alley.
If a property owner fails to maintain a tree as required by the City Code, the City
Forester may provide notice to the property owner that the work must be accomplished.
If the tree has not been brought into compliance as required by the City Forester, the
work may be done by the City.
For a complete understanding of tree maintenance responsibility within the City, see
Chapter 27 of the Fort Collins City Code.
7. Section 5.1 Carts: Will the City consider the option of using one color for all cart bodies
and different lids to designate Garbage, Recycle, and Yard Waste?
Answer: Proposals must reflect the RFP request, and the City’s preference is, that cart
bodies and lids be the same color. Contractors may also include an alternative proposal
in which cart bodies would be all one color with different color lids along with
corresponding cost savings.
8. On page 13 of the RFP, taking the Yard Trimmings to a permitted/licensed facility is
detailed. Currently, in the publicized Policy Advisory Council Notes from Larimer County
website dated 9/8/22, it is not a guarantee the Compost Facility will be funded. EX: The
estimated Compost Facility would be $6,250,000. If pricing for the North Landfill and
Transfer Station is more than anticipated, the Compost Facility will not be funded as
anticipated. Reference: Solid Waste Policy Advisory Council Packet Document (4).pdf
Beyond not having disposal rates secured at a facility that may or may not be built,
should Contractors explore any other area disposal permitted outlets and they cannot
handle the volume, how does the City recommend Contractors handle this volume?
Answer: There are several regional facilities other than the potential Larimer County
facility that can accept yard trimmings.
9. As a way to achieve more favorable sustainability goals and lower customer pricing,
would the City of Fort Collins consider a contract length of 7-10 years versus 5 years?
Answer: Proposals must reflect the RFP request for a 5-year contract length.
Contractors may also propose a term length greater than 5 years, not to exceed 10
years with corresponding cost savings. A contract term longer than 5 years would
require City Council approval via an ordinance.
10. At the Contractor's determination, can we require some residential customer segments
who predominantly receive alley service to all have their carts serviced in the alley,
versus some residents selecting curbside?
Answer: One of the City’s objectives of the contract services is to provide a level of
service equal to or better than the current service level. Residential customers on a
EXHIBIT A
Addendum 1 Page 4 of 6
block that predominately receives alley service are currently able to select curbside
service as an alternative.
Proposals must reflect the current service level. Contractors may also submit an
additional alternative approach and related cost savings.
11. In the attached RFP, can the winning Contractor request the right to negotiate the final
contract with the City?
Answer: The RFP includes a sample Agreement that the City intends to use for
obtaining the services under this RFP. As stated in the RFP, any objections to the terms
of the contract need to be stated in the proposal with suggested revisions. The City will
consider negotiating the final contract terms with the selected Contractor, based on the
objections stated as part of the Contractor’s proposal.
12. Based on the Pre-Bid Meeting Call last week, we understand that Yard Trimmings are
part of the bundled package with MSW and Recycling. By being bundled together with
these other services, it is our understanding that PAYT Guidelines, with 100% multipliers
among the tiers labeled Small, Medium and Large Cart Packages, must be
followed. Can you please confirm this is accurate?
Answer: All pricing scenarios are based on 100% price difference between small,
medium and large solid waste carts. All pricing scenarios include recycling for no
additional charge. The “Yard Trimmings Collection Service” column in the pricing sheet
indicates whether that pricing scenario is based on bundled or optional yard trimmings
service.
Bundled yard trimmings collection means 100% of customers receive yard trimmings
collection as part of the core services rate for no additional charge.
Optional yard trimmings collection means that customers would be automatically
enrolled in the service but could contact the Contractor to decline collection service and
receive a reduction in their core service price. The pricing sheet includes a field to enter
the amount of reduction in the customer’s bill if the customer elects to decline service
(cell D48). The City estimates 75% of Customers would participate in the optional
service scenario.
13. Page 15 Section 4.4 - Dumpster Service for MFUs and Commercial Customers: Is it
required to provide pricing in this section, as there are multiple factors to consider:
frequency of the service, enclosure considerations, potential recycling contamination and
fees, location nuances, and the fact MFUs and Commercial Customers are subject to
open market in the State of Colorado?
Answer: Contractors are required to provide pricing for dumpster service for Multi-Unit
and Commercial Customers. The Pricing Sheet (Attachment 3 of the RFP) states the
service frequency and various dumpster sizes by type. If there are other considerations
that may impact pricing for the dumpster service, please state these factors and the
associated financial impact as part of the proposal. Dumpster service may or may not be
included in the final scope of the contract.
EXHIBIT A
Addendum 1 Page 5 of 6
14. For the customer hold time, would the City consider a 90-second prompt to receive a call
back as “answered" within the 2-minute time frame? This would be whether the resident
chooses to continue holding or asks for a call back in the order their call was received.
Answer: Proposals must reflect the RFP request for calls to be answered within two
minutes. Contractors may also submit an additional alternative approach and related
cost savings.
15. Can you define what the City deems as uncontrollable rates/cost on page 23? Does the
City consider it be a certain percentage and above?
Answer: An uncontrollable rate/cost is an expense over which the Contractor has no
direct control. Under this contract the City anticipates uncontrollable costs may
potentially include 1) fuel, 2) tip fees, and 3) changes in regulations. As part of the
contract negotiations the City intends to negotiate and establish the specific indices for
fuel and tip fees which will be the basis for considering an annual price adjustment
above the lesser of the Denver-Boulder-Greeley Consumer Price Index (CPI) or three
percent.
16. How big is the sample size for estimates in table 1 for small, medium, and large carts?
Answer: One of the requirements of Fort Collins’ hauler license is that haulers report the
number of homeowners’ association and open market customers and the size of cart to
which they subscribe. The table in the Request for Proposals (RFP) is a compilation of
that information submitted for 2021 by all residential haulers currently servicing Fort
Collins.
17. There is an inconsistency/contradiction in RFP surrounding the amount of time to
exchange out carts – Section 5.8 says must respond within 2 days, Section 5.1 says we
need to respond within 2 days but 7 days to deliver the carts. I would like clarity that it
means we need to provide a response within 2 days but have 7 days to actually deliver
the carts.
Answer: Thank you for identifying this inconsistency. The accurate text for both sections
is:
“Contractor shall collect, deliver or swap carts for any service change requests and fulfill
Bulky Items collection requests within 1 calendar week.”
18. For non-payment accounts is there a method the City would like to propose or do you
want Contractor to specify that? Do we put them down to super saver service or other
approach?
Answer: The City does not specify a process for addressing non-payment accounts.
Contractors shall propose how they would handle non-payment accounts.
EXHIBIT A
Addendum 1 Page 6 of 6
19. Does this RFP apply to the junk removal business?
Answer: This RFP does not apply directly to on-call junk removal Customers. Although
pricing is requested for Bulky Items and dumpster service, the City intends to award a
contract to one firm for ongoing residential solid waste cart-based services which may
also include some level of services for Bulky Items and dumpsters.
20. Does this RFP apply to firms offering large roll-offs?
Answer: This RFP does not apply directly to on-call roll-off services. Although pricing is
requested for dumpster service, the City intends to award a contract to one firm for
ongoing residential solid waste cart-based services which may also include some level
of services for Bulky Items and dumpsters.
EXHIBIT A
ORIGINAL MAILING LIST
Contact Name Company Name Address City ZIP
Yuliya Shymchyk
Alpine Waste & Recycling
(NOW GFL)
7373 Washington
Street Denver 80229
Lori Cate BeeLine Trucking Ltd 6042 WCR 42 Johnstown 80534
Kayla McGill Bin There Dump That
541 E Garden Drive
Unit O Sutie 140 Windsor 80550
Yvonne Cook Blue Bear Waste Systems 2180 W 60th Ave Denver 80221
Dan Garvin Colorado Iron and Metal 903 Buckingham St Fort Collins 80524
Jamie Blanchard‐Poling Compost Queen 2224 Stonegate Drive Fort Collins 80525
Geoffrey Schmidt Common Good Compost
1825 22nd Street Unit
9 Greeley 80631
Tanner Slatten Custom Disposal & Service 620 E 3rd St Eaton 80615
Stefani Richardson Dirty Deeds
2580 E Harmony Rd
ste 201 Fort Collins 80528
Nicole Hicks Dumpster Diverz PO Box 204 Timnath 80547
Paul Korte, Jenni Korte Dumpster Rental 562 Boxwood Dr Windsor 80550
Buster Dunn Dunn Teller Enterprises 45407 CR 41 Pierce 80650
Andra Presser Fuzion Field Services PO Box 200638 Evans 80620
Brooklyn Hephner, Becca
Walkinshaw
Gallegos Sanitation /
Republic Sanitation PO Box 1986 Ft. Collins 80522
Bridget Johnson Green Girl PO Box 324 Jamestown 80455
Taylor Hagen Hagens Junk Removal 1609 Hillside Dr Fort Collins 80524
Armando Home Builders Services Inc 3031 Highway 119 Longmont 80504
Mike Howard
Hulk Addicts Hauling and
Junk Removal 3836 Beechwood LN Johnstown 80524
Adam Wasson Junk King PO Box 102 Berthoud 80513
Adam Wood
McDonald Farm Enterprises
Inc.7247 E. County Line Longmont 80504
Rob Rapp Rob and Mike's Hauling 2136 Cadman St. Berthoud 80513
Jennifer Parkos Mountain High Disposal 15416 Hwy 14 Ault 80610
Andrew Meredith Mountain West Disposal
6094 Maidenhead
Drive Windsor 80550
EXHIBIT B
William Kennedy Organix
19065 Hickory Creek
Drive Suite 240 Mokena, IL 60448
John Puma Ram Waste Systems 5704 Bueno Drive Ft. Collins 80526
Ronnie Lee hicks RH Contracting PO BOX 1408 Wellington 80549
Dean Hoag RMB Recycling 1475 N College Ave Fort Collins 80521
Jonathan Heaberlin Timberline Waste Services 606 4th St Windsor 80550
Tim Lambert Tim of All Trades 9 Nantucket Ct Windsor 80550
Brian Heuer Sage Disposal 8646 Blackwood Drive Windsor 80550
David LeClair & Cathy
Johnston
S&B Waste Systems (Now
United Site Services)
6766 E County Road
18 Johnstown 80534
Patty Kennedy S&S Sanitation PO Box 673 Loveland 80539
Jeff Wright Step Up Roll Offs
1635 Foxtrail Drive
#307 Fort Collins
Deb Overturf Frank
Santiago Jeremy Bradley
Waste Management of N.
Colo.40950 W C Rd 25 Ault 80610
Kirk Barker John Newman Waste‐Not Recycling 1065 Poplar Street Loveland 80537
Kevin D Jackson Yee Haul Junk 500 N Impala Drive Fort Collins 80521
EXHIBIT B
PACKETS RESENT
Contact Name Company Name Address City Zip
Yvonne Cook Blue Bear Waste Systems 6130 Huron St Denver 80221
Brian Cleveringa
HBSCO LLC dba Home Builders
Services PO Box 3525
Greenwood
Village 80155
Jennifer Parkos Mountain High Disposal PO BOX 1100 Ault 80610
Andrew Meredith Mountain West Disposal PO Box 832 Windsor 80550
Deb Hoag
Rocky Mountain Battery Service dba
RMB Recycling 1475 N College Ave Fort Collins 80524
Beth Wright Step Up Inc 1635 Foxtrail Drive #307 Loveland 80538
Kevin D Jackson Yee Haul Junk 904 30th Avenue Ct Greeley 80634
William Kennedy Organix 3308 Bernice Ave
Russellville,
Arkansas 72802
Matt Marquardt McDonald Farm Enterprises Inc. 7440 E I25 Frontage Rd Frederick 80516
Kayla McGill Bin There Dump That
1942 East Lincoln Ave,
Unit B Fort Collins 80524
EXHIBIT B
EXHIBIT C
EXHIBIT C
REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES –
2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE
PARTIES
1 | P a g e
REVIEW VERSION – R2
AGREEMENT FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES
FEBRUARY 27, 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 review version of the 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 review
version of the contract prior to signing.
EXHIBIT D
2 | P a g e
REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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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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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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(d).
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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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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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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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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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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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. Cooperative Purchase – Utilization by Other Governmental Entities. Any governmental
entity within the state of Colorado may, subject to such entity’s governing laws, rules,
and regulations, use the City’s competitive purchasing process as the basis to negotiate
a contract with the Contractor for similar services. Any governmental entity that uses
the City’s competitive purchasing process as the basis of award will be solely responsible
for negotiating all terms of such contract with the Contractor and issuing their own
contract documents. The Contractor shall be required to include in any contract with
another governmental entity that is entered into under this cooperative provision a
contract clause that will hold harmless the City from all claims, demands, actions or
causes of actions of every kind resulting directly or indirectly, arising out of, or in any way
connected with the City’s Agreement. The City makes no guarantee of usage by other
entities of this Agreement. Utilization of this cooperative provision by any other entity
must not have a negative impact on the City’s level and/or quality of service.
30. 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.
31. 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.
Signature Page Follows
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CITY OF FORT COLLINS ALLIED WASTE SYSTEMS, INC.
________________________________ ________________________
Kelly DiMartino, City Manager
_____________
Date
CITY OF FORT COLLINS
________________________________
Gerry Paul, Purchasing Director
_____________
Date
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 collection shall be performed
weekly with up to two (2) 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 Frequency of Recyclable Materials Services Collection
In the event the City wishes to change the frequency of Recyclable Materials Services
collection from weekly to every-other-week, the parties agree to negotiate in good faith the
timing to implement the change and impact to pricing with consideration to the effect of such
change on the Contractor’s operations.
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:
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•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.
•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.
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•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.
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).
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•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.
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.
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Cart ownership will transfer to the City at the end of the Agreement Term subject to Section
5 of the Agreement.
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 Collection
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.
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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.
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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.
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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.
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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).
Table 3
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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%
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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%
EXHIBIT D
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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%
EXHIBIT D
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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%
EXHIBIT D
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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.
EXHIBIT D
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PARTIES
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
EXHIBIT D
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45 | P a g e
Attachment 2
Schaefer Cart Warranty Transfer Acknowledgement
EXHIBIT D
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
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EXHIBIT D
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2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE
PARTIES
Attachment 3
Transition Plan
EXHIBIT D
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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EXHIBIT D
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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PARTIES
Attachment 4
Vehicle Details
EXHIBIT D
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.
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PARTIES
EXHIBIT B
PRICING
EXHIBIT D
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
$9.75 $17.75 $35.75 $53.75 $107.75
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
The City Administration Fee is set by the City Manager and shall not exceed $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.
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
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
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, weekly Recyclable Materials collection, Yard Trimmings collection and Bulky Items collection
(Contractor may take Solid Waste to approved landfill of their choice)
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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.
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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.
EXHIBIT D
56 | P a g e
REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023
SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES
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.
EXHIBIT D