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
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5. develop a proposal for a trash and recycling collection services fee to be imposed on
residential properties within the Pilot District, and present that proposal for City
Council consideration no later than December 1, 2009.
Passed and adopted at a regular meeting o4Counci the City of Fort Collins this 21 st
day of July A.D. 2009.
ATTEST:
City'Clerk
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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.
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Commercial and industrial trash customers are not part of this request for proposals.
City Goals and Objectives
The City intends to provide trash collection and curbside recycling for all single-family and
multi-family residences (up to 3 dwelling units) within the District, and to bill this service as part
of the City's monthly utility bill. The City intends to make this a long-term service to the
residents of the District, with the transition to this service transparent to the customer. The City
believes in maintaining a high.level of commitment to quality customer service. In procuring the
services described in this RFP, the City seeks to provide high quality public services that are
convenient for the residents. In addition, the City seeks to provide services that help citizens
decrease the amount of trash sent to landfills, increase waste reduction'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.
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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
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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
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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.
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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.
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• 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:
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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:',
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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.
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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
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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.
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6. Review and Assessment
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview sessions.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR QUALIFICATION STANDARD
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?
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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.
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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
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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.
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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.
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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 .:
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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.
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