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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 – 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 3 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 4 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 5 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 6 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 7 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 8 | P a g e 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: EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 9 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 10 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 11 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 12 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 13 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 14 | P a g e 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 ________________________________ EXHIBIT D 15 | 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 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 16 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 17 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 18 | P a g e •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: EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 19 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 20 | P a g e •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). EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 21 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 22 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 23 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 24 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 25 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 26 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 27 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 28 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 29 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 30 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 31 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 32 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 33 | P a g e 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.). EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 34 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 35 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 36 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 37 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 38 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 39 | P a g e 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% EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 40 | P a g e 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 REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 41 | P a g e 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 REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 42 | P a g e 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 REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 43 | P a g e 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 44 | P a g e REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE 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 REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 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 46/ Page EXHIBIT D 47 | P a g e REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 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. Page/48 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 Page/49 EXHIBIT D 50 | P a g e REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE 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. Page / 51 EXHIBIT D 52 | 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 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 8 of 42 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% EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 9 of 42 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 10 of 42 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 11 of 42 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 12 of 42 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: EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 13 of 42 • 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 14 of 42 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’ EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 15 of 42 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 16 of 42 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 17 of 42 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 18 of 42 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 19 of 42 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 20 of 42 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 21 of 42 ▪ 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 22 of 42 • 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 23 of 42 • 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: EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 24 of 42 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 25 of 42 ▪ 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 26 of 42 • 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 27 of 42 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 28 of 42 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% EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 29 of 42 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% EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 30 of 42 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 31 of 42 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. EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 32 of 42 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 33 of 42 • 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 EXHIBIT A RFP 9648 Residential Solid Waste Collection Page 34 of 42 • 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 G H W A Y 2 8 7 N HOWESSTW LAUREL ST S TAFT HILL RDW DRAKE RD ZIEGLERRDCOUNTRY CLUB RD N SHIELDSSTW WILLOX LN TURNBERRYRDNOVERLAND TRL KECHTER RD W VINE DR N MASONSTS COUNTYROAD 11N COLLEGE AVERICHARDS LAKE RD W MOUNTAIN AVE NLEMAYA VEE TRILBY R D JE F F E R S O N ST W PROSPECT RD E COUNTY ROAD 38 E MULBERRY STE MULBERRY ST E DOUGLAS RDCOU NT Y ROAD 5 4G E PROSPECT RD W ELIZABETH ST E MULBERRY ST WCOUNTY ROAD 3 8 E E COUNTY ROAD 50 MOUNTAIN VISTA DRTERRYLAKERDGR E G O R Y RD ZIE G L E RRDN SHIELDS STS COUNTY ROAD 5TURNBERRY RDMAIN STN TIMBERLINERDNUSHIGHWAY28 7 KECHTER RD THREEBELLPKWYE HORSETOOTH RD STATE H I GHWAY 392 WH ARMONY RD W DOUGLAS RD W VINE DR E COUNTY ROAD 36 N U S HI G H W A Y 2 8 7 S COUNTYROAD 3E DRAKE RD W TRILBY RD W BOARDWALK DR W TROUTMAN PKWY E HARMONY RD S USHIGHWAY 287S C O U N T Y R O A D 1 3 S COUNTY ROAD 5CARPENTER RD E COUNTY ROAD 36 E C O U N T Y ROAD 30 E COUNTY ROAD 30 E COUNTY ROAD 52 S COUNTYROAD 11E COUNTY ROAD 52 S S U M M I T V I E W D R N U S H I G H W A Y 2 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 3 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 4 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 5 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 6 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 7 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 8 | P a g e 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: EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 9 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 10 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 11 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 12 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 13 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 14 | P a g e 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 ________________________________ EXHIBIT D 15 | 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 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 16 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 17 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 18 | P a g e •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: EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 19 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 20 | P a g e •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). EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 21 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 22 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 23 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 24 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 25 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 26 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 27 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 28 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 29 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 30 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 31 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 32 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 33 | P a g e 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.). EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 34 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 35 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 36 | P a g e •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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 37 | P a g e 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. EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 38 | P a g e 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 EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 39 | P a g e 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% EXHIBIT D REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 40 | P a g e 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 REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 41 | P a g e 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 REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 42 | P a g e 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 REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 43 | P a g e 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 44 | P a g e REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE 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 REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE PARTIES 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 46/ Page EXHIBIT D 47 | P a g e REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 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. Page/48 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 Page/49 EXHIBIT D 50 | P a g e REVIEW VERSION – RESIDENTIAL SOLID WASTE COLLECTION SERVICES – 2/27/2023 SUBJECT TO CITY COUNCIL APPROVAL AND EXECUTION BY THE 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. Page / 51 EXHIBIT D 52 | 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 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