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HomeMy WebLinkAbout2009-075-07/21/2009-ADOPTING PILOT TRASH AND RECYCLING SERVICES DISTRICT BOUNDARIES AND DIRECTING THE CITY MANAGER TO RE RESOLUTION 2009-075 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING PILOT TRASH AND RECYCLING SERVICES DISTRICT BOUNDARIES AND DIRECTING THE CITY MANAGER TO REQUEST PROPOSALS FOR TRASH AND RECYCLING COLLECTION SERVICES WITHIN SAID DISTRICT WHEREAS,in 2007-08,the City Council directed City staff to conduct a trash services study to examine ways in which the City can reduce the impacts of trash collection services in Fort Collins, including street wear, air quality,neighborhood aesthetics, noise, and other neighborhood impacts, and to identify ways that the City might improve diversion rates for recyclables; and WHEREAS, in 1999, the City Council adopted Resolution 1999-139, establishing the goal of diverting 50% of the community's waste stream from landfill disposal by 2010; and WHEREAS, the Fort Collins Climate Action Plan identifies recycling and waste diversion as a vital strategy to reduce greenhouse gas emissions; and WHEREAS, having numerous heavy trash vehicles on City streets impedes the attainment of these goals and also accelerates the deterioration of City streets; and WHEREAS, at least three residential trash haulers currently provide service within the community,resulting in at least three trash trucks and three recycling trucks using residential streets to provide residential collection services each week, causing increased street wear, air pollution, noise and other neighborhood impacts; and WHEREAS,at its December 9,2008,work session,the City Council evaluated the feasibility of contracting services for single-family residential trash and recycling collection in order to address these issues and expressed interest in the development of a trash services pilot district for a portion of the community; and WHEREAS,on May 5,2009,the City Council adopted Resolution No. 046-2009,directing the City Manager to develop for City Council's formal consideration on July 21, 2009, a detailed proposal and contractual arrangements for one or more pilot trash services districts within a portion of the City that would meet the following criteria: I. be of sufficient size, duration and scope to provide a clear test of the policy's effectiveness in achieving the City Council's goals for limiting the impact of trash vehicles on the community; 2. offer new opportunities to meet the additional goal of increasing the community's waste reduction and recycling rates; and 3. allow trash haulers to submit competitive proposals for the opportunity to provide service within the designated pilot area and otherwise comply with the statutory requirements for initiating municipal trash services; and WHEREAS, City staff has reviewed the possibilities for pilot trash services districts, considered the relevant characteristics of various areas of the City and the objectives articulated by the City Council for such a program, and has recommended that the City Council establish a single pilot trash service district within the area described in Section 1 below(the "Pilot District"); and WHEREAS, staff has prepared for City Council review a preliminary Request for Proposals for Municipal Refuse and Recyclables Collection, attached hereto as Exhibit A and incorporated herein by this reference(the"RFP"),describing the proposed terms of trash and recycling collection services and conditions and requirements for such service; and WHEREAS,the City Council desires to proceed with the next steps toward implementation of a system for City trash and recycling collection services in the Pilot District, in the manner described and recommended by City staff. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby adopts as the Pilot District that area bounded by College Avenue on the east; Prospect Road on the south; the Cache La Poudre River on the north; and the current City limit on the west, excluding enclaves currently existing within that area,if any. Section 2. That the City Council hereby directs the City Manager to: 1. proceed to finalize and issue a request for proposals for trash and recycling collection services within the Pilot District that are generally consistent with the RFP,with such additional terms and conditions or modifications as the City Manager,in consultation with the City Attorney, determines to be consistent with this Resolution and necessary or appropriate to protect the interests of the City or advance the objectives of the City Council; 2. publish notice of the City's intent to arrange for trash and recycling collection services within the Pilot District,in accordance with the applicable Colorado statute; 3. review all proposals submitted in response to the RFP; 4. select a proposal from among those submitted and either negotiate a contract for services with the trash hauler so selected or determine that no proposal is sufficient or satisfactory, and report to the City Council the outcome of the RFP process no later than December 1, 2009; and -2- 5. develop a proposal for a trash and recycling collection services fee to be imposed on residential properties within the Pilot District, and present that proposal for City Council consideration no later than December 1, 2009. Passed and adopted at a regular meeting o4Counci the City of Fort Collins this 21 st day of July A.D. 2009. ATTEST: City'Clerk -3- EXHIBIT A C�ty of Financial Services Fort Collains Purchasing Division 215 N.Mason St.2 Floor PO Box 580 Fort Collins,CO 80522 970.221.6775 P U rt 8 Si fig 970.221.6707 /cgov.com/purchasing REQUEST FOR PROPOSAL DMF=T Residential Trash and Recyclables Collection The City of Fort Collins (City) is soliciting proposals from qualified contractors for single-family residential trash and recyclable materials (i.e., refuse)collection services in a specifically defined geographic district (District), as a pilot trash collection program. Written proposals, six (6)will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock+), Proposal No. 7052. If delivered, they are to be sent to 215 North Mason Street, 2Id Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A pre-proposal meeting has been scheduled for 2009, am•at Questions concerning the scope of the project should be directed to Project Manager Susan Gordon (970) 221-6265. Questions regarding proposals submittal or process should be directed to Ed Bonnette, CPPB, C.P.M. Buyer(970)416-2247. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcciov.com/er)rocurement 2. Come by Purchasing at 215 North Mason St., 2Id floor, Fort Collins, and request a copy of the Bid. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, rev 01/08 gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. . sincerely, James B. O'Neill Il, CPPO, FNIGP Director of Purchasing & Risk Management where renewal is a way of life ®RIFT Request for Proposals Municipal Trash and Recyclables Collection City of Fort Collins, Colorado July 15, 2009 1. Introduction The City of Fort Collins(City) is soliciting proposals from qualified'contractors for residential trash and recyclable materials collection services in a specifically defined geographic district (District), as a pilot trash collection program. The services.specified in this Request for Proposal (RFP) represent a departure from past City practices. The system being considered would shift trash and recycling collection from multiple private contractors who contract individually with homeowners in the District, to a district-wide contract. While residents will not be prohibited from arranging for service from a service provider other than the City's contractor, City trash collection fees will apply to all homeowners regardless of whether they utilize the services provided. Fees will be collected through the City's utility billing system based on account information provided by the contractor except for those meeting opt out criteria based on participation in a contracted trash service through a Homeowner's Association(HOA.) Homeowner associations (HOAs) in the District that currently offer their residents curbside trash and recycling collection services in accordance with the group account requirements of the City, Code may request an exemption from participation for so long as the group account service is provided to all households within the HOA in accordance with the City Code of the City of Fort Collins(City Code). In the event of an exemption;the properties within the HOA area will be excluded from the service area and no City fee will,be.collected in that area. The contractor will be compensated for the accounts to which service is provided. A start date_ for collection services will be set by mutual agreement between the City and the contractor, and is anticipaied,to be'in-the first quarter of 2010. Questions may be referred to, and photocopies of this proposal-inay be obtained from the City of Fort Collins Purchasing Department,Proposals must.be sent to the City of Fort Collins Purchasing Department, PO Box 580, Fort Collins, Colorado 80522-0580 in a sealed envelope, and must be received by 3:00 p.m. on Monday, October 5,2009.. ' 2. General Information Demographics The City has an estimated population of 137,200 people residing in an approximately 53.4 square mile area. The City contains an estimated 76,832 household units. In the geographic area of the pilot districting project, there are an estimated 6,500 single-family household units. The City anticipates that"HOA exempted households"could be 10 to 15 percent of the total number of single-family units, with the remainder to be included in the new City-arranged collection program. A map of the Pilot Trash District is attached as Exhibit A of this document. 3 Commercial and industrial trash customers are not part of this request for proposals. City Goals and Objectives The City intends to provide trash collection and curbside recycling for all single-family and multi-family residences (up to 3 dwelling units) within the District, and to bill this service as part of the City's monthly utility bill. The City intends to make this a long-term service to the residents of the District, with the transition to this service transparent to the customer. The City believes in maintaining a high.level of commitment to quality customer service. In procuring the services described in this RFP, the City seeks to provide high quality public services that are convenient for the residents. In addition, the City seeks to provide services that help citizens decrease the amount of trash sent to landfills, increase waste reduction'and recycling practices, reduce the individual household cost to dispose of trash and reduce.the volume of heavy truck traffic on the City's residential streets. Reservation of Rights This request for proposals is a solicitation and not an offer to contract. The City reserves the right to reject any and all proposals. The City retains the right to abandon or terminate the RFP process at its discretion at any time. The City further reserves the right to issue clarifications and other directives concerning this request for proposals; to require clarification or further information with respect to any proposal, and to determine the final terms of any contract. Interviews will be required by the City with selected contractors to clarify contractor proposals and to allow for contract negotiations. Acceptance of any proposal will be based upon factors including, but not limited to: costs for service; completeness of proposal; thoroughness of information provided; ability to meet standards for service level compliance with local requirements and customer service; value added service; other innovations proposed by the bidder which will reduce trash and increase diversion, e.g., special recycling events, market- based initiatives such as Recycle 13ank, or other incentive based programs; ability to begin providing service within the proposed timeline; and prior successful contractor performance with waste collection systems similar to,'a scale described herein. a.. 3. Basis of Proposal Proposals submitted will be for the`contractor to provide exclusive collection services for trash and recyclables within the'District limits."All proposals must conform to the requirements of the City Code;including but not limited to Chapter 15, Article XV regarding licensing of trash collection services: http://www.colocode.com/ftcollins/municipal/chapterl5.htm#articleXV Proposals must include, by paragraph numbers, basic information addressing the following: Unit-Based Pricing The contractor shall propose charges for weekly trash removal and biweekly removal of recyclables. Subscription service will be provided for all single family residences and multi- family dwelling up to 3 units in the proposed district, with the exception of Homeowner's Associations with existing contracts that include all residences in the HOA. The price structure must comply with the volume-based service requirements of Section 15-412 of the City Code. The proposal must include the combined cost for removal of both trash and recycled material. Proposals must include: • Unit base pricing information for the cost of providing a single 96, 64 and 32 gallon trash container(additional bags for non-subscribed levels of service, such 4 as overages,will be sold to the public at designated City buildings and/or other places arranged by the selected hauler). • Haulers may provide suggested methods for offering an"extremely low" or"trash buster" rate for customers who generate less than 32 gallon subscription service levels each week. • All unit pricing for trash removal must include incorporate costs for required recycling services. At a minimum, recycle containers shall be available in sizes of 96 and 64 gallons. Additional Services The contractor may provide a list of additional services that would be,offered to customers on an optional basis, together with a price list(if any) for such services.;These services may include but are not limited to: • Bulky item pick-up • Front door pick-up for physically impaired residents • Curb-side yard waste collection • Electronic notifications for service dates Recyclable Material Recyclable material shall be delivered to the Larimer County:Recycling Center(LCRC), except for materials which are not acceptable to the LCRC. Recyclables shall be collected in material streams acceptable to the LCRC, commingled according to what is mutually acceptable to the City, the contractor and the LCRC. The contractor shall base its proposal on every other week collection of recyclables. The recyclable materials will-remain the property of the City. Consequently, all revenues received from or costs,-due to the LCRC for the recyclable materials collected in the performance ofthe contract shall be the City's. By household, recyclables are to be collected on the sarne.day of the week as trash`, Collection Bins TRASH bins.-Contractor must provide information to the City about what types and sizes of bins will be"provided to the customers, how requests for bin repair and replacement will be handled and how changes,in bin size will be accommodated. RECYCLING bins—Contractor must provide appropriate recycling bins to each household. Containers sliall.be designed for"single stream"recycling. It is estimated that 25%of residents will choose 96 gallon containers, 50%will choose 64 gallon containers and 25%of residents will choose smaller containers. " Alley Collection In the Pilot Trash District, there are many alleys, and the contractor should acquaint itself with the special needs and accommodations that will be required for alley collection. The proposal must include a statement of willingness by the contractor to continue alley service, and a description of special accommodations that will be made to accomplish this. Hours and Days of Operation All collections must be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Friday, except as expressly permitted by the City. Saturday and Sunday collections are not permitted unless expressly authorized by the City representative or as permitted in Holiday 5 Schedules section below. The City will work with the selected contractor to divide the District into collection areas, and assign a collection day to each area. The City prefers that the number of collection days each week be minimized. Recyclables must be collected on the same day of the week as trash is collected. The proposal must include a proposed schedule that meets this framework and that accommodates changes due to inclement weather and holidays. Holiday Schedules Holidays shall be New Year's Day, Memorial Day,41h of July, Labor Day, Thanksgiving Day; and Christmas Day. If the holiday falls on a weekday, then the Saturday following the holiday may be authorized as a catch-up collection day. Trucks and Equipment The contractor must provide information about the size and types of trucks and automation that it proposes to use, as well as other equipment necessary for the job such as communication devices, GPS systems and others. The City reserves the right to visit the facilities of all interested contractors and observe the equipment used and the operational methods. These site visits will be coordinated with the appropriate representative(s) from each of the interested contractors. Any contract entered into by the City may contain provisions regarding equipment weight, leak proofing, and similar performance standards. The contractor may include innovative strategies that would help the City provide more sustainable collection services, including but not limited to the use of alternative fuels. Use of Subcontractors The contractor must indicate in the proposal whether or not it intends to use subcontractors for any part of the service being provided, together with a list of all said subcontractors, including qualification information. Subcontractors may not be used for more than 20% of the work. Promotion and Education- . The contract will.require that the;contractor work with the City to provide service-oriented information to customers and for developing and executing public education to encourage waste reduction and diversion:Specifically, 30 days prior to the commencement of service the contractor shall provide an 8-.1/2" x 11"two-color insert to be included in each District customer's monthly bill (approximately 5,000-6,000 inserts required). This insert will inform District residents of the specifics of the trash and recyclables collection program, including a collection schedule, a listing of what materials can go into the recyclable materials bin, instructions on the proper handling of the collection bins, instructions on what customers are to do with trash that does novfit into the collection bins, etc. The contractor will be required to provide another such insert at six months into the contract, and each twelve months thereafter. At the same time, contractor will be required to provide a complete list of fees and services offered to each customer. The contents of the insert will be approved by the City. Contractor must propose a cost to allow the City the option of requiring that the inserts will be directly mailed to all customers by the contractor. Proposers may provide additional education approaches or incentives for increasing recycling rates as a part of their proposal. r 6 Public Informational Meetings Upon selection but prior to implementation of the trash collections service, the selected contractor will be required to participate with City staff and Council in two or more public meetings which will describe the new service to City residents/customers. Customer Service The City will provide billing services to trash and recycling customers within the District. This billing service will include monthly billing for subscription levels of service, start-up and stop service requests, changes to levels of subscription service, and questions regarding such billings. The contractor will be responsible for providing other customer service,functions including handling customer requests for special services, resolving customer complaints, addressing missed-pick-up calls, delivery and maintenance of trash and recycling bins, and questions regarding the preparation of materials for trash or recycling pick-up. The proposal must include information addressing the contractor's proposals for methods and a time frame for communicating with the customers and responding to their questions and complaints. The contractor must also include with the proposal a copy of its customer service standards. The contractor will be required to develop a web site/page exclusively for information pertaining to operations in the City. Information Requests and Requirements Contractors are to indicate the number of residences in Fort Collins currently being served including the number of accounts served through homeowner associations. Information on container size, the number of containers, number of accounts recycling and utilization of special services are to be provided. Contractors should.also provide available information on the gross amount of recyclables being collected from accounts in Fort Collins. Proposed Term of Contract The contractor must provide a proposal for a five-year contract, including any provisions for yearly cost escalation. Alternatives for longer terms may be presented for consideration. Any multi-year contract entered into the City is subject to annual appropriation. 4. Qualifications of Proposer The following supporting data "regarding the qualifications of the contractor must be provided with the proposal'and certified by a suitable officer of the proposing contractor, in order to enable the City to evaluate whether the contractor is qualified and responsible. The City requires the submission of the following certified supporting data regarding the qualifications of the contractor in order to determine whether it is qualified and responsible. 7 • Attach a brief history of your experience in this type of business, including resume(s) of key person(s)who will be directly involved with this contract. Name(in the spaces provided below) the single point of contact(and their backup) who will be handling the City of Fort Collins Service Issues, including telephone, fax, e-mail address, cell-phone and emergency phone numbers. Name of the single point of contact(and their backup) who will be handling the City of Fort Collins Billing Issues, including telephone, fax, e-mail address, cell-phone and emergency phone numbers. • Submit at least three(3) current references who can attest to your company's ability to successfully carry out this type of project, including address/telephone/e-mail contact information. • Include a list of current equipment that your company has, including the number of employees, trucks(year, make and model), and trash& recycling container sizes and quantities. • List up to three(3) similar projects from'the past five years, description,and your assessment of your success with these projects. • Provide a financial and operations statement for your company that demonstrates a minimum of$850,000 in annual revenue. • Completed Vendor Statement and Contact Information signed by an authorized person from your company. Vendor's Statement: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further;agree that the method of award is acceptable to my company.-I also agree to complete contract with the City of Fort Collins within 30 days of notice of award:' FIRM NAME ADDRESS: EMAIL ADDRESS: PHONE: BIDDER'S NAME: SIGNATURE: 8 SERVICE ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL#: EMERGENCY: BACKUP: BILLING ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL#: EMERGENCY: BACKUP: 5. General Terms The contract with the City shall utilize the template of the City's Services Agreement(see sample attached) and may also,include, but not be limited to, additional General Terms that are substantially as follows. . Maintenance of Records and Reporting i The contractor shall maintain in its local office full and complete operation and customer service records that"shall at all reasonable times be open for inspection and copying for any reasonable purpose by the City. Reports shall be submitted by the tenth day of each month to the City documenting the following information:', 9 1. The customers to whom service was provided and level of service(noting overage charges); 2. A log of complaints and resolutions for trash and recycling collection services; 3. A log of missed collections and responses; 4. A description of any vehicle accidents or infractions; and 5. A listing of all accounts for which a change of service during the month(i.e., 32-gallon service to 64 gallon service, etc.) was completed; and 6. Weights in tons of trash 7. Weights in tons of recyclable materials collected and where these items were transported to. 14 Compensation Payment Schedule The contractor will be required to bill the City monthly on,a per account;liasis for services provided. Within 60 days before the start of the Contract the contractor will.be required to coordinate with the City's Utility Billing department to,establish mutually acceptable billing forms. The City will retain full auditing rights of the contractor's_ accounting records.as they pertain to the City's contract. The City recognizes that one of the primary costs of the contractor to fulfill this contract is the price of vehicle fuel, which is outside the control of the contractor. Proposal should specify any provision for fuel adjustment the contractoHias based the proposaVon. The City is willing to negotiate an"energy shock"clause based upon uging;the followin ,US Energy Information Administration (USEIA) Index: http:Htonto.eia.doe. og v/6og/info/wohdp/diesel.asp Liquidated Damages Liquidated damages may be levied.if documented"in an incident report presented by the City to the contractor. Liquidated'damageswill be deducted.from the monthly payment made by the City to the contractor. Disagreements will be subjec'Ho the review and resolution procedures provided in the.contract. t. Action or Omissiop Liquidated Damages `Commencement of residential°:collection $100.00 per incident(each truck on each >o .ra. , �, prioo.7:00 a.m. or'con.�r.tmuance after 7:00 route is a separate incident). p.m.'exi ept as expressly permitted. Failure to collect spilled materials. Twice the cost of cleanup to the City plus $1,000 each incident Leakage from contractor vehicles or $500 each vehicle, each inspection. vehicle contents. Failure to collect any and all garbage, $250.00 each incident. recyclable materials, and yard debris within one business day after notification. Collection from residential premises on $50.00 per structure. other than the day specified excluding 10 inclement weather or holiday schedule. Collection as garbage of source-separated $1,000.00 per incident. recycling. Misrepresentation by contractor in records $1,500 per incident. or reporting. Failure to make required reports on time. $500.00 per incident. Failure to maintain clean and sanitary $250.00 per vehicle per occurrence. vehicles. The above table is not an exclusive list of the acts or omissions for which,liquidated damages may be assessed. Also, the Contract will include provisions detailing those acts and omissions of the contractor which shall be considered violations or breaches of the contract. The Contract will reserve to the City the right to exercise any and all remedies it may have with respect to these and other violations and breaches. Any schedule of liquidated damages shall not affect the City's ability to terminate the contract for breach. Performance Bond The contractor will be required to provide a bond in the amount of$100,000 or equal to the cost of three months' service to the City, whichever i§-greater, to cover the City's costs in the event of contractor default. The Contract for the services will include a number of provisions protecting City interests in case of contractor default. 11 6. Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview sessions. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD Does the proposal show.an understanding of the 2.0 Scope of Proposal project objective, provide an effective methodology, and indicate successful results? Do the assigned personnel have the necessary skills 2.0 Assigned Personnel and experience, and do they have working knowledge of the community and the needs of the City? 1.0 Availability Can the project objectives be met by this firm/individual in a timely manner? Does the firm/individual demonstrate interest, and 1.0 Motivation can the project be accomplished in the required time flame? Firm/Individual Does'the firm/individual'have the capability, financial 2.0 stability;and experience to succeed? Have they Capability done previous projects of this type and scope? 2.0 Cost of Proposal Does the proposed'cost compare favorably with the Project Manager's estimate? 7. Reference Evaluation (Top Ranked Firm): The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory: . QUALIFICATION STANDARD Overall Performance Would you hire this firm again? Did they show the skills required for the requested services? Timetable 'Did the contractor perform work in a timely manner? If a project schedule was developed, did the contractor meet the indicated deadlines? Completeness Was the firm responsive to client needs; did the firm anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? If the project/work was a study, did it meet the scope of work? If the Job Knowledge project/work involved construction activities, was the final product functional upon completion? Were any problems encountered corrected quickly and effectively? 12 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "Service Provider". WITNESSETH: In consideration.of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of pages and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit"B", consisting of_(_) page[s] and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to-this Agreement shall be initiated within ( ) days following execution of this Agreemenf. Services shall be completed no later than Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. -Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1)year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 13 4. Contract Period. [Option 2] This Agreement shall commence 200_, and shall continue in full force and effect until , 200_1 unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed _ (_) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City,of such condition within fifteen (15) days from the onset of such condition. [Early Termination claus6 here as an option 6. Early Termination' by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at'any time without cause by providing written notice of termination to the Service Provider.Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties::.All notices provided under this Agreement shall be effective when mailed, postage prepaid and sentto the following addresses: City: Copy to: Service Provider: City of Fort Collins ; V City of Fort Collins Attn: Purchasing Attn: PO Box 580 PO Box 580 Fort Collins,_CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service 14 Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and' deletions provided herein, per the attached Exhibit "A", consisting of pages, and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his-or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Personal.Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal-services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior Written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services,shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 15 b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, z provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. 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. 14. 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 parry declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or(c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions,against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting parry's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16 16. Indemnity/Insurance. a. The Service Provider agrees $o indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary.precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured.under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O..Box 580;,rort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement: This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained'in this Agreement shall not be binding on the parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Emoloving Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and i 17 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program")or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e:•.Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment(the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 18 J 20. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, F-NIGP Director of Purchasing and.Risk Management Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY .: j 19 Trash Districting Pilot Project �kI s N Q N NU Z • Z W Vine Dr Vine Dr •••� jE I •' •• i rr • Z . N..c Laporte Aere .•-- ,..: - _ ' ' - rI • : ,,--�j . ' az u Po re •��•• �' W Mountain Ave `- High School—J • a11 1KE r. 1 Park - J ' g.•N:: ul�m't = L e •� : i i _W Lau St _r z. . • 1 p _ • ' csu •. . n Q c 'W Elizabeth 5t� • i Y �W Proepeq /�-�� •�`• o Legend Pilot Project Boundary &.1. iz>:m Excluded From Pilot 0 0.105 0.25 M 075 Included Pilot Address wvmmen � o 0.2 5.. 0.3 is is M.. . -e..v......• , . w.,.„<..,,e .w., «,...., . ...,. .,w_,•. >.... ,. City of a� " Fort Collins .inuvva.u.e so..n.ncmo..u.roee eas.evawa nanuo.wrx.e.oEcr.O TK.xeev•.u�mnvvcr.o.rxr wne.in..v n..n+...�..�......x, ...... .�.. .....�...•...•...,�w aWm°a.......,..A�.�.x�.»,...„..,....M>.x.,.w..�M,.�..,•.r Printed:June 25.2009. EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10)days written notice has been received by,the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service'Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be F. ' due or become due the Service Provider under this Agreement,.,The City, its officers;:agents and employees shall be named as additional insureds::on,the Sektice Provider's general liability and automobile liability insurance policies for any claims arising-ouf'of work performed under this Agreement. 2. Insurance coverages shall be as follows:., A. Workers' Compensation & Employer'g`Liability. The Service Provider shall maintain during the life of this Agreement for all of.the.Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law 4;rr� 2---- Empl6yersLiability-insurance with limits of$100,000 per accident, - $500,000,d6ase aggregate, and $100,000 disease each employee. �1 ' _ B\ Commercial General'&Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly'fro'm the performance of work under this Agreement. Coverage for property damage shall be on a"broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury"'and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 20 .