Loading...
HomeMy WebLinkAboutRFP - 10034 Waste Stream Management ServicesRFP 10034 Waste Stream Management Services Page 1 of 44 REQUEST FOR PROPOSAL 10034 WASTE STREAM MANAGEMENT SERVICES RFP DUE: 3:00 PM MT (Mountain Time), March 7, 2025 The City of Fort Collins is requesting proposals from qualified Service Providers to implement a waste management program for City offices, workplaces, and facilities that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The City seeks to partner with a single entity that will coordinate trash removal and recycling service, in order to optimize collection efficiencies and track progress toward waste reduction goals. All proposals must include both trash and recycling services. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/ city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. Proposals must be received before 3:00 p.m. (our clock) on March 7, 2025 and referenced as Proposal No. 10034. All questions should be submitted, in writing via email, to Ed Bonnette, CPM, CPPB, Senior Buyer at ebonnette@fcgov.com, with a copy to Carole Herrick, Project Manager, at Cherrick@fcgov.com, no later than 3:00 PM MT on February 21, 2025. Please format your e-mail to include: RFP 10034 WASTE STREAM MANAGEMENT SERVICES in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 91027 Garbage/Trash Removal, Disposal and/or Treatment 92677 Recycling Services Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 10034 Waste Stream Management Services Page 2 of 44 The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Provider hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Service Providers Registration: The City requires new Service Providers receiving awards from the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. 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. RFP 10034 Waste Stream Management Services Page 3 of 44 Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Service Provider shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 10034 Waste Stream Management Services Page 4 of 44 I. GENERAL INFORMATION The City of Fort Collins is requesting proposals from qualified Service Providers to implement a waste management program for City offices, workplaces, and facilities that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The City seeks to partner with a single entity that will coordinate trash removal and recycling service, in order to optimize collection efficiencies and track progress toward waste reduction goals. All proposals must include both trash and recycling services. Failure to provide a proposal for both services will disqualify the proposal from consideration by the City. Joint proposals between multiple service providers may be submitted as long as there is a single lead entity that would contract with the City. We do not consider the full potential for recycling to have been realized yet. The City is seeking to work closely with a Service Provider who is able to draw upon a range of skills and capabilities, including: recycling technical expertise; familiarity with industry best management practices; and introduction of new waste reduction technologies and approaches such as in- bin cameras that help verify volumes and check quality of recyclables. The Service Provider is requested to assist the City in developing and implementing a more integrated, comprehensive process of managing its waste stream which is characterized by accurate measurement, reporting, cost efficiencies, and innovation. The City intends to allow the Service Provider to retain payments for all recyclable commodities included in the contract. II. SCOPE OF PROPOSAL A. Work Requirements 1. General Requirements: a. The Service Provider shall provide all labor, equipment, apparatus, appliances, tools, transportation and permits as required for refuse hauling and recycling services from outdoor collection sites and based on the schedule agreed upon (see Exhibit A, Current Deployments), as contracted by this procurement, and to meet future needs. b. Service Provider shall procure all licenses, pay all charges and fees, and give all notices necessary and incidental to the lawful fulfillment of the services to be provided. c. Service Provider shall provide all scales equipment and/or pay costs for measuring and reporting material by weight as required by the City. d. All services performed under this contract will be to the highest industry standards for services of this type, done by those normally engaged in this type of business, and shall also be in compliance with all applicable codes and regulations. e. Service Provider shall comply with all City, State and Federal health, environmental safety and fire ordinances while performing the prescribed work. RFP 10034 Waste Stream Management Services Page 5 of 44 f. Service Provider will be held liable for any property damage resulting from the performance of services under the contract. Multiple incidents of damage or safety violations may be cause for termination of this contract and restrictions from future contracts. g. Service Provider shall designate a single point of contact (SPOC) with whom the City will work to handle all matters related to the contract. The contact person must hold a position that allows them to take appropriate action for immediate problem resolution. The City shall designate a Contract Administrator who will fulfill the same function on behalf of the City. h. When Service Provider’s SPOC is not available (vacation/illness, out of office, etc.), an alternate point of contact name, phone number, and email address shall be provided to the City. i. Service Provider shall give the City written notification of any change in the SPOC within two (2) calendar days of the change. j. The City requires that Service Provider’s SPOC meets with the City’s Contract Administrator on no less than a quarterly basis to review operational performance issues. The City reserves the right to increase this to a monthly basis at its option in the event it is deemed warranted by the City Contract Administrator. 2. Hours of Work: Service Provider shall work with facility managers to determine mutually agreeable collection times for all refuse and recycling containers. Service Provider may not collect waste or recyclables between the hours of 7:00 p.m. and 7:00 a.m. if the facility is in, or adjacent to, a residential neighborhood or multi-family housing complex. 3. Pick-Up Requirements: a. “Pick-up” includes emptying trash and recycling containers. b. Pick-up service must be regularly scheduled at the appropriate frequencies to prevent containers from overflowing. c. Service Provider shall clean up from the grounds any trash or recyclables spilled during the transfer process or such material in the immediate vicinity. d. Service Provider shall provide on-call or emergency pick-up service for any materials requested by the City within 24 hours. e. The City shall have the right to visit and inspect any disposal or recycling sites owned, operated or used by the Service Provider. Service Provider’s improper dumping of materials designated on the City’s list of recyclables may be cause for immediate contract cancellation, and possible legal action. RFP 10034 Waste Stream Management Services Page 6 of 44 f. Service Provider shall perform in a manner that eliminates undue noise, safety hazards or damage, and does not create unsanitary or unsightly conditions at the pick-up sites or City facilities at large. 4. Items to be Provided by Service Provider: a. Trash Containers: Service Provider shall at minimum furnish fixed-hinge, covered trash containers, e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity listed in Exhibit D, Bid Sheet, Trash Cost Matrix. i. Other equipment such as wheeled poly-cart containers (96-gallon, in most cases) or compacting bins may be designated for trash collection in some instances. All containers must be approved by the City prior to placement. ii. Service Provider shall maintain trash containers in clean, sanitary and serviceable condition at all times, and shall wash and sanitize containers as needed and upon request. iii. Service Provider shall immediately replace any malodorous, vandalized or damaged containers. b. Roll-Offs: Periodically, “on call” roll-off bin deliveries may be requested by authorized City personnel for trash and/or recycling removal in excess of normal subscription levels of trash (or recycling) service. Service Provider shall furnish roll-off bins (e.g., 20- or 30-yd) in clean, serviceable condition and which feature weather-resistant covers, for waste collection. Roll-off bin pricing shall be included in Exhibit B, Bid Sheet, Roll-Off Pricing; and Exhibit C, Backup Roll-Off Hauling for Timberline Recycling Center (TRC). Please note that Backup Roll-Off Hauling for the TRC is a back-up contingency plan that will only be deployed in the event of interruption to TRC’s primary hauling arrangement. c. Recycling Containers: Service Provider shall at minimum furnish outdoor recycling containers e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity listed in of the size and quantity listed in Exhibit E, Bid Sheet, Recycling Cost Matrix. i. Inside Recycling Containers: Service Provider is to provide indoor recycling containers e.g., 96-gallon wheeled poly-carts with hinged lids for recycling collection in breakroom areas. ii. Additionally, Service Provider shall furnish appropriately sized containers upon request as new or expanded recycling opportunities develop, material collection strategies change, or changes in service levels are needed. This may include but is not limited to: “Dumpsters”, cardboard cages, poly-carts or compacting recycling bins as approved by the City. iii. The City intends to use all outdoor collection sites; however, in the event that an indoor location is necessary to use as a collection site for the Service Provider when emptying recycling bins, the City will furnish indoor recycling containers. d. Signage: Service Provider shall furnish signage for trash and recycling containers as provided for use in outdoor collection sites, in both English and Spanish. At a minimum, signage should clearly identify items accepted (for recycling bins), labeling and other means such as color-coded container lids for trash and recycling RFP 10034 Waste Stream Management Services Page 7 of 44 bins which clearly differentiates them from one another, and contain contact information for the Service Provider. 5. Trash Service: a. Service Provider shall pick up refuse from municipal bin locations shown on Exhibit A, Current Deployments, Trash & Recycling Services for disposal at Larimer County Landfill as the default site. If you propose to use alternate sites, please state what they are in your proposal. b. Types of waste that will not be collected under this RFP include: hazardous wastes, light bulbs, batteries, surplus scrap metals, appliances, refrigerators, and electronic waste (computers & electronic equipment). c. Service Provider shall report to the City on a monthly basis on trash volumes picked up at each City location. d. Trash compactors: Include the cost to deploy these at Parks and/or other locations, and the criteria under which they become feasible. 6. Recycling Service: a. Service Provider shall pick up recycling from municipal bin locations shown on Exhibit A, Current Deployments, Trash & Recycling Services for single-stream recycling of materials at the Larimer County Material Recovery Facilities (MRF) as the default site. If you propose to use alternate sites, please state what they are in your proposal. b. Any recyclables collected from City facilities are to go to the Larimer County Recycling Plant (unless an alternative processor is approved by the City’s Contract Administrator or other designated City representative). c. The Designated List of recyclables which, at a minimum, will be collected includes: clear and colored glass bottles and jars, tin and aluminum cans, plastic containers #1-7 as accepted at Larimer County MRF, mixed paper, paperboard, and corrugated cardboard (this is the same list defined for curbside collection on the City’s website at www.fcgov.com/recycling ). d. Service Provider may elect to propose “dual-stream” collection for commingled recyclables in lieu of “single-stream” as part of their proposal, at no extra cost to the City. e. The City desires for the Service Provider to introduce opportunities to recycle other materials included by not limited to: packaging materials such as shrink-wrap plastic, plastic strapping, and Styrofoam; food waste and other compostable materials; dimensional lumber and other wood scraps; deconstruction waste such as window glass and dry-wall; and used surplus office furniture. f. The City is interested in opportunities to separately recycle high-value materials such as White Office Paper. Include in your proposal how you would deploy this or any other future opportunities. RFP 10034 Waste Stream Management Services Page 8 of 44 g. Service Provider shall advise the City of opportunities to utilize zero-waste management for special events, etc. h. Service Provider may keep all recycling payments, and shall report to the City on a monthly basis: amounts of payments received for each recyclable commodity, and, processing plants or brokerage agencies from which payments are received. 7. Reporting and Billing Requirements: a. The City requires accurate measurements of trash (landfill) material and recyclable material collected from municipal locations to be taken, and reported, on a monthly basis. b. The Volumes Report must be submitted in a mutually agreed upon electronic format, such as Excel, no later than the fifteenth (15th) of the month (for the preceding month’s data) to the City’s Contract Administrator. The Volumes Report shall also reflect monthly charges per account and provide the underlying calculations for the conversion factor from volumes to weights. c. Service Provider must provide a monthly Exceptions Report to the City’s designated Contract Administrator that lists, by department and location, any extra service requests for trash removal and/or recycling beyond the normal service level to which that department or location subscribes. d. Service Provider shall provide a single monthly billing statement to the City’s Accounts Payable Department at invoices@fcgov.com that itemizes service fees for each collection location’s normal “subscription” service level, listed by the appropriate location and account number. A copy of the monthly statement is to be provided to the City’s designated Contract Administrator. e. In addition, Service Provider will provide a separate, itemized bill to Accounts Payable at invoices@fcgov.com for any extra services rendered, by department and location. A copy of this is to be provided to the City’s designated Contract Administrator. f. The City reserves the right to withhold payment for missed or skipped pickups. 8. Resource Management Services: a. Service Provider shall identify any sorting and contamination issues and provide prompt feedback to the City on reported contamination issues, by department and/or location, to the Contract Administrator. Service Provider shall provide pictures of any recycling contamination issues to the City’s Contract Administrator. b. Service Provider is to inform the City how it proposes to help the City to reach its Zero Waste/Climate/Sustainability/Transportation Goals as part of your Proposal. Service Provider shall also submit an annual report to the City’s Contract Administrator detailing their progress in these areas: i. What are your plans within the next five years to incorporate alternative fuel collection trucks (i.e. compressed natural gas (CNG), electric, etc.) RFP 10034 Waste Stream Management Services Page 9 of 44 ii. What are your plans within the next five years to collect food waste and/or to support commercial composting? iii. What innovations and supporting technologies do you have planned within the next five years to help the City reduce its volume of trash generated, increase the ratio of recycle to trash, and to move toward becoming a Zero Waste operation? iv. Tell us about your capability to facilitate site-specific trash and/or recycling audits for selected City facilities. c. The City is interested in smart metering technology that can tell the driver if the bin is full, half-full, or empty. Tell us about any plans you have to employ or acquire this technology within the next five years. d. Gainsharing Incentives: i. Tell us about your plans for resource efficiency improvements to yield savings from areas including, but not limited to: avoided hauling costs, avoided disposal costs, or other cost savings opportunities or initiatives. ii. Propose a gain sharing split between the offeror and the City for savings realized; so both parties share incentives for operational improvements. 9. Additional Information: a. The City intends to award a contract with a one-year term, renewable for up to four additional one-year terms. The City will consider awarding a non-cancelable contract with a five-year term in the event an extended term provides more advantageous pricing. All prices are to be firm fixed prices, inclusive of all applicable taxes, fees, surcharges, etc. NO additional charges or fees (administrative, environmental, late charges, fuel surcharges, Recycling Contamination Fees, etc.) will be allowed. b. In addition, the City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor(s). Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) and/or the Colorado Educational Purchasing Council (CEPC) cooperative purchasing groups, and other public agencies that may have a desire to participate in any resulting awards as a potential cooperative user. B. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: February 7, 2025 • Question deadline: 3:00 PM MT on February 21, 2025 • Final Addendum Issued: February 26, 2025 • Proposal due date: 3:00 PM MT on March 7, 2025 • Interviews (tentative): Week of March 24, 2025 • Award of Contract (tentative): April 18, 2025 RFP 10034 Waste Stream Management Services Page 10 of 44 C. Interviews In addition to submitting a written proposal, the top-rated Service Providers may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. D. Subcontractors Service Provider will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Service Provider; therefore, subcontractors will be the responsibility of the Service Provider. E. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. F. Fees, Licenses, Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. G. Laws and Regulations The Service Provider agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). H. Invoicing and Payment Invoices are to be emailed monthly to invoices@fcgov.com with a copy to the City’s Contract Administrator. The cost of the work completed shall be paid to the Service Provider each month following the submittal of a correct invoice by the Service Provider. Currently the trash & recycling contract bill is a single monthly bill with the service address listed; that way if a new account appears it is much easier for Accounts Payable to track down the responsible department. It is the City’s preference that this method of billing be continued by the awarded Service Provider. Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. RFP 10034 Waste Stream Management Services Page 11 of 44 III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Service Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Service Providers include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Service Provider/Professional Information 1. Describe the Service Provider’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks. RFP 10034 Waste Stream Management Services Page 12 of 44 4. Describe the methods and timeline of communication your firm will use with the City’s Contract Administrator and other parties. Please note any exceptions to the reporting requirements in paragraph 7, Reporting and Billing Requirements of the scope. 5. Include a description of the software, analysis tools, and other innovative technology such as smart metering either utilized or planned for the near future. 6. Briefly address each element of paragraph 8, Resource Management Services of the scope to describe current practices and future plans. 7. Provide a high-level implementation schedule for deployment of the equipment and time required to start-up services should you be awarded the contract. 8. Identify what portion of work, if any, may be subcontracted or outsourced to subcontractors. Include all applicable information herein requested for each Service Provider. 9. Is the project team available to attend meetings as required by the Scope of Work? D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. Provide resumes for the SPOC and other senior staff to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page. 3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 4. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subcontractors on the team and a brief description of the work and any change orders. The Service Provider authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 5. Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider’s proposal. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. RFP 10034 Waste Stream Management Services Page 13 of 44 Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Service Provider/Professional. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Cost In your response to this proposal, please provide pricing by completing the below Exhibits. Please also address any cost savings that can be offered in the event the City elected to award a five-year non- cancelable contract.. Electronic copies of the Exhibits are also posted on BidNet, for your convenience: 1. Exhibit A Current Deployments: THIS IS FOR YOUR INFORMATION ONLY TO SHOW CURRENT DEPLOYMENT LOCATIONS AND SCHEDULE. 2. Exhibit B Roll-Off Pricing. 3. Exhibit C Roll-Off Backup-Hauling Costs for Timberline Recycling Center (TRC). Please note that Backup Roll-Off Hauling for the TRC is a back-up contingency plan that will only be deployed in the event of interruption to TRC’s primary hauling arrangement. 4. Exhibit D Trash Cost Pricing Matrix for the locations in Exhibit A. 5. Exhibit E Recycle Cost Pricing Matrix for the locations in Exhibit A. 6. Provide proposed annual price increases expressed as a percentage for years 2 through 5, for both an annual contract and a five-year non-cancelable contract. G. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Service Provider. The Service Provider is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. RFP 10034 Waste Stream Management Services Page 14 of 44 H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. RFP 10034 Waste Stream Management Services Page 15 of 44 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Service Providers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Service Providers may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Is the project team available to attend meetings as required by the Scope of Work? Will the firm’s proposal help the City to reach its Zero Waste, Climate, Sustainability, Transportation Goals? 2.0 Firm Capability & Assigned Personnel Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures? RFP 10034 Waste Stream Management Services Page 16 of 44 WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 4.0 Cost Does the proposal include detailed cost break- down for each cost element as applicable and are the line-item costs competitive? RFP 10034 Waste Stream Management Services Page 17 of 44 V. ACKNOWLEDGEMENT This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected. Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 10034 WASTE STREAM MANAGEMENT SERVICES and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider’s knowledge and belief. b. Service Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Service Provider acknowledges receipt of addenda. g. Service Provider acknowledges no conflict of interest. h. Service Provider acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Provider hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: Phone: RFP 10034 Waste Stream Management Services Page 18 of 44 Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 19 of 44 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT This SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation, (CITY) and , a(n) [enter state] [business type], (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 (Services) attached hereto as Exhibit A, consisting of [# of Pages] and incorporated herein. Irrespective of references to named third parties in this AGREEMENT and its Exhibits, the SERVICE PROVIDER shall be solely responsible for performance of all duties hereunder. 2. Project Schedule. The Services to be performed pursuant to this AGREEMENT shall be performed in accordance with the Project Schedule attached hereto as Exhibit [choose one], consisting of [# of Pages], and incorporated herein. 3. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes to the AGREEMENT. Such changes shall be agreed upon in writing by the parties. 4. Agreement Period. This AGREEMENT shall commence , 20 (the Effective Date) and shall continue in full force and effect until , 20 , 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 [choose one] additional one-year period(s). Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. [Any price changes shall not exceed percent (%) per annual renewal]. Written notice of renewal shall be provided to the SERVICE PROVIDER no later than thirty (30) days prior to AGREEMENT end. 5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY may terminate this AGREEMENT at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the SERVICE PROVIDER. 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 PROVIDER's obligations under this AGREEMENT. SERVICE PROVIDER shall submit a final invoice within ten (10) calendar days of the effective date of termination. Payment shall be the SERVICE PROVIDER's sole right and remedy for such termination. Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 20 of 44 6. Notices. All notices provided under this AGREEMENT shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: SERVICE PROVIDER: CITY: Copy to: Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this AGREEMENT shall be written. 7. Compensation. In consideration of the Services to be performed pursuant to this AGREEMENT, the CITY agrees to pay the SERVICE PROVIDER [on a time and reimbursable direct cost basis] [a fixed fee in the amount of ???? ($????)] [a fixed fee in the amount of ???? ($????) plus reimbursable direct costs, wherein all such fees and costs shall not exceed ???? ($????)] in accordance with Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. Monthly partial payments based upon the SERVICE PROVIDER's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the SERVICE PROVIDER's CITY-verified progress in completing the Services to be performed pursuant hereto and upon the CITY's approval of the SERVICE PROVIDER's actual reimbursable expenses. Final payment shall be made following acceptance by the CITY of the Services. Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project Manager. The cost of the Services completed shall be paid to the SERVICE PROVIDER following the submittal of a correct itemized invoice by the SERVICE PROVIDER. The CITY is exempt from sales and use tax. The CITY’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s approval. 8. Design and Service Standards. The SERVICE PROVIDER warrants and shall be responsible for the professional quality, technical accuracy, accessibility requirements under ADA and Public Accommodations and Technology Accessibility sections below, timely completion and the coordination of all Services rendered by the SERVICE PROVIDER, and the Project Instruments as defined in the Project Instruments and License section below. The SERVICE PROVIDER shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies from such standards. 9. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the CITY and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 21 of 44 whatsoever claimed by the SERVICE PROVIDER or third parties against the CITY arising out of or related to this AGREEMENT (including but not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the CITY's defense costs and reasonable attorney’s fees. 10. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit [choose one] consisting of [# of Pages], attached and incorporated herein. 11. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall have no obligation to continue this AGREEMENT in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the CITY shall not be construed as a breach of this AGREEMENT. 12. Project Instruments and License. a. Upon execution of this AGREEMENT, the SERVICE PROVIDER grants to the CITY an irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as- builts, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models, plans, reports, and other deliverables (Project Instruments), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the CITY substantially performs its obligations under the AGREEMENT. The license granted hereunder permits the CITY and third parties reasonably authorized by the CITY to reproduce applicable portions of the Project Instruments for use in performing the Services or construction for the project. In addition, the license granted hereunder shall permit the CITY and third parties reasonably authorized by the CITY to reproduce and use the Project Instruments for similar projects, provided however, in such event the SERVICE PROVIDER shall not be held responsible for the design to the extent the CITY deviates from the Project Instruments. This license shall survive termination of the AGREEMENT by default or otherwise. b. Upon payment of each invoice, associated Project Instruments rendered by the SERVICE PROVIDER shall become the CITY’s property. The SERVICE PROVIDER shall provide the CITY with the Project Instruments in electronic format in a mutually agreed upon file type. 13. CITY Project Manager. The CITY will designate, before commencement of the Services, the CITY Project Manager who will make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this AGREEMENT. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the CITY Project Manager. Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 22 of 44 The initial CITY Project Manager for this AGREEMENT is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change by the CITY. 14. Project Status Report. Project status reports may be required by Exhibit A – Scope of Services and shall be submitted to the CITY Project Manager. Failure to provide any required status report may result in the suspension of the processing of any invoice. 15. Independent Contractor. The Services to be performed by the SERVICE PROVIDER are those of an independent contractor and not of an employee of the CITY. The CITY shall not be responsible for withholding or remitting any portion of SERVICE PROVIDER's compensation hereunder or any other amounts on behalf of SERVICE PROVIDER for the payment of FICA, Workmen's Compensation, unemployment insurance, other taxes or benefits or for any other purpose. 16. 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. 17. Subcontractors/Subconsultants. SERVICE PROVIDER may not subcontract any of the Services without the prior written consent of the CITY, which shall not be unreasonably withheld. If any of the Services are subcontracted hereunder (with the consent of the CITY), then the following provisions shall apply: a. the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work; b. the subcontractor will be required to comply with all applicable terms of this AGREEMENT; c. the subcontract will not create any contractual relationship between any such subcontractor and the CITY, nor will it obligate the CITY to pay or see to the payment of any subcontractor; and d. the work of the subcontractor will be subject to inspection by the CITY to the same extent as the work of the SERVICE PROVIDER. The SERVICE PROVIDER shall require all subcontractor/subconsultants performing Service(s) hereunder to maintain insurance coverage naming the CITY as an additional insured under this AGREEMENT in accordance with Exhibit [choose one]. The SERVICE PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide the CITY with a copy of the certificate(s) within two (2) business days. Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 23 of 44 The SERVICE PROVIDER shall be responsible for any liability directly or indirectly arising out of the Services performed under this AGREEMENT by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. 18. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder shall not in any way relieve the SERVICE PROVIDER of responsibility for the quality or technical accuracy of the Services. 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. 19. Warranty. a. SERVICE PROVIDER warrants that all Services performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for Services of a similar nature. b. Unless otherwise provided in the AGREEMENT, all materials and equipment incorporated into any Services shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all Services must be of a quality acceptable to CITY. c. SERVICE PROVIDER warrants all equipment, materials, labor and other Services, provided under this AGREEMENT, except CITY-furnished materials, equipment and labor, against defects and nonconformances in design, materials and Service quality for the original manufacturer’s warranty term or a period beginning with the start of the Services and ending twelve (12) months from and after final acceptance under the AGREEMENT, whichever is time is longer, regardless of 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 the 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. 20. Default. Each and every term and condition hereof shall be deemed to be a material element of this AGREEMENT. In the event either party should fail or refuse to perform according to the terms of this AGREEMENT, that party may be declared in default upon notice. 21. Remedies. In the event a party has been declared in default, that defaulting party shall be allowed a period of ten (10) calendar days from the date of notice within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. terminate the AGREEMENT and seek damages; b. treat the AGREEMENT as continuing and require specific performance; or c. avail themselves of any other remedy at law or equity. Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 24 of 44 In the event of a dispute between the parties regarding this AGREEMENT, each party shall bear its own attorney fees and costs, except as provided for in the Indemnification and Technology Accessibility sections. 22. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all Exhibits and other documents incorporated herein, shall constitute the entire AGREEMENT of the parties regarding this transaction and the matter recited herein. This AGREEMENT supersedes any prior agreements, promises, or understandings as to the matter recited herein. The AGREEMENT shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this AGREEMENT shall not be binding on the parties. In the event of a conflict between terms of the AGREEMENT and any exhibit or attachment, the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this AGREEMENT. 23. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution, and enforcement of this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the CITY subsequently agrees in writing that the matter may be heard in federal court, venue will be in U.S. District Court for the District of Colorado. In the event any provision of this AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this AGREEMENT. 24. Use by Other Agencies. The CITY reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts (collectively Agency) to use the CITY’s award determination to the SERVICE PROVIDER. Use by any other Agency shall not have a negative impact on the CITY in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the CITY in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the SERVICE PROVIDER. The CITY’s concurrence hereunder is subject to the SERVICE PROVIDER’s commitment that this authorization shall not have a negative impact on the Services to be completed for the CITY. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER acknowledges that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. § 2000d to 2000d-4); C.R.S. § 24-34-401, and any associated State or Federal laws and regulations strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 25 of 44 creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. Pursuant to CITY policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the CITY strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The SERVICE PROVIDER shall comply with the CITY’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 25. ADA and Public Accommodations. In performing the Services required hereunder, the SERVICE PROVIDER agrees to meet all requirements of the Americans with Disabilities Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the SERVICE PROVIDER or which would be imposed on the CITY as a public entity. 26. Technology Accessibility. The SERVICE PROVIDER represents that the Project Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability, as established by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as provided by the OIT. The SERVICE PROVIDER shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. To confirm that the Project Instruments meet these standards, the SERVICE PROVIDER may be required to demonstrate compliance.  The SERVICE PROVIDER shall indemnify, save, and hold harmless the CITY against any and all costs, expenses, claims, damages, liability, court awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY in relation to the SERVICE PROVIDER’s failure to comply with C.R.S. § 24-85-101, or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5). The CITY may require the SERVICE PROVIDER’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the CITY to attest to the Project Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5). 27. Data Privacy. SERVICE PROVIDER will comply with all applicable data privacy regulations and laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act). SERVICE PROVIDER shall ensure that each person processing any personal data Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 26 of 44 connected to the Services is subject to a duty of confidentiality with respect to the data. If applicable, SERVICE PROVIDER shall require that any subcontractors meet the obligations of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT. The Parties agree that upon termination of the Services that SERVICE PROVIDER shall, at the CITY’s choice, delete or return all personal data to the CITY unless retention of the personal data is required by law. SERVICE PROVIDER shall make available to the CITY all information necessary to demonstrate compliance with the obligations of the Privacy Act. SERVICE PROVIDER shall allow for, and contribute to, reasonable audits and inspections by the CITY or the CITY’s designated auditor. 28. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable law. 29. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201 (CORA), and documents in the CITY’s possession may be considered public records subject to disclosure under the CORA. 30. Delay. Time is of the essence. Subject to Force Majeure , if the SERVICE PROVIDER is temporarily delayed in whole or in part from performing its obligations, then the SERVICE PROVIDER shall provide written notice to the CITY within two (2) business days defining the nature of the delay. Provision of written notice under this Section shall not operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT. 31. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the party that could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the affected party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the SERVICE PROVIDER must provide notice to the CITY of such condition within ten (10) calendar days from the onset of such condition. 32. Special Provisions. Special provisions or conditions relating to the Services to be performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] - Confidentiality, consisting of four (4) pages, incorporated herein. 33. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT, Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 27 of 44 the conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority: a. The body of this AGREEMENT (and any written amendment), b. Exhibits to this AGREEMENT, and c. The Purchase Order document. 34. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver of any provision above. Any terms included in any Exhibit or other attachment that requires the CITY to indemnify or hold SERVICE PROVIDER harmless; requires the CITY to agree to binding arbitration; limits SERVICE PROVIDER’s liability; or that conflicts with statute, City Charter or City Code in any way, shall be void. [Signature Page Follows] Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 28 of 44 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 29 of 44 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 30 of 44 EXHIBIT [CHOOSE ONE] BID SCHEDULE/ COMPENSATION The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 31 of 44 EXHIBIT [CHOOSE ONE] INSURANCE REQUIREMENTS 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. 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, insurance as the CITY may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the SERVICE PROVIDER under this AGREEMENT. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The CITY, its officers, agents and employees shall be named as additional insureds on the SERVICE PROVIDER's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this AGREEMENT. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The SERVICE PROVIDER shall maintain Worker’s Compensation and Employer’s Liability insurance during the life of this AGREEMENT for all of the SERVICE PROVIDER's employees engaged in work performed under this AGREEMENT. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The SERVICE PROVIDER shall maintain during the life of this AGREEMENT General Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this AGREEMENT. Coverage for property damage shall be on a (broad form) basis. The amount of insurance for General Liability shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The SERVICE PROVIDER shall maintain during the life of this AGREEMENT Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this AGREEMENT. Coverage for property damage shall be on a (broad form) basis. The amount of insurance for Automobile Liability shall not be less than $1,000,000 combined single limits for bodily injury and property damage. D. Errors and Omissions. The SERVICE PROVIDER shall maintain errors and omissions insurance in the amount of $1,000,000. E. Cybersecurity. The SERVICE PROVIDER shall maintain cybersecurity insurance in the amount of $5,000,000. Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 32 of 44 EXHIBIT [CHOOSE ONE] CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER under this AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this AGREEMENT, the party who owns the referenced information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this AGREEMENT refers to information that is not public and/or is proprietary, including but not limited to location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, ideas, CITY customer identifiable information (including account, address, billing, consumption, contact, and other customer data), utility metering data, service billing records, customer equipment information. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, SERVICE PROVIDER shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the CITY, including but not limited to the non-exclusive list of Confidential Information above. In the case of disclosure in non-documentary form of non- customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party before the execution of this AGREEMENT and related to the services for which SERVICE PROVIDER has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this AGREEMENT with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this AGREEMENT and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The CITY and SERVICE PROVIDER shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall survive this AGREEMENT as an on-going obligation of the Parties. Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 33 of 44 SERVICE PROVIDER shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this AGREEMENT. 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party: (a) was generally known to the public through no wrongful act of the Receiving Party; (b) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (c) has been approved for release by a written authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement of a governmental agency or by operation of law, subject to Paragraph 5 below. 5. Required Disclosure. Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing Party may seek an appropriate protective order before disclosure or waive the Receiving Party’s compliance with this Exhibit. The Receiving Party shall furnish a copy of this Exhibit with any disclosure. Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required by law or authorized in writing by Disclosing Party. 6. Data Protection and Data Security. SERVICE PROVIDER shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of Confidential Information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. (a) SERVICE PROVIDER’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 34 of 44 Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security (b) Subcontractors. SERVICE PROVIDER may use subcontractors, though such activity shall not release or absolve SERVICE PROVIDER from the obligation to satisfy all conditions of this AGREEMENT, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Confidential Information received, for any subcontractor SERVICE PROVIDER may use. Accordingly, any release of data, confidential information, or failure to protect information under this AGREEMENT by a subcontractor or affiliated party shall be attributed to SERVICE PROVIDER and may be considered to be a material breach of this AGREEMENT. 7. Information Storage. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the SERVICE PROVIDER can ensure security for the Confidential Information so stored. Workstations or laptops to be used in the Services will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 8. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time thereafter unless specifically authorized by the CITY in writing. 9. Termination Remedy. If SERVICE PROVIDER breaches any of the terms of this Exhibit, in the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw SERVICE PROVIDER’s right to access Confidential Information. 10. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide Project Instruments and work product, all material, i.e., various physical forms of media in which Confidential Information is stored, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon return of such materials, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing Party’s request, written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 11. Injunctive Relief. SERVICE PROVIDER Receiving Party acknowledges that the Disclosing Party may, based upon the representations made in this AGREEMENT, disclose security information that is critical to the continued success of the Discloser’s business. Accordingly, Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this AGREEMENT. Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 35 of 44 Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 36 of 44 Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 37 of 44 Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 38 of 44 Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 39 of 44 Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 40 of 44 Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 41 of 44 Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 42 of 44 Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 43 of 44 Official Purchasing Document Last updated 5/2024 RFP 10034 Waste Stream Management Services Page 44 of 44