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HomeMy WebLinkAboutRFP - 7067 RESIDENTIAL TRASH AND RECYCLABLES COLLECTIONCity of Financial Services Purchasing Division 215 N. Mason St. 2nd Floor F6rt i Cs Box 580 FPO Fort Collins, CO 80522 o ® 970.221.6775 P U rch a s i n� 970.221.6707 fcgov. corn/purchasing REQUEST FOR PROPOSAL 7067 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), October 2, 2009 Proposal No. 7067. If delivered, they are to be sent to 215 North Mason Street, 2"d 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 September 10, 2009, 1:30 pm in the Community Room located on the first floor of the building at 215 N. Mason (northeast corner), Fort Collins, CO 80521. Questions concerning the scope of the project should be directed to Project Managers Ann Turnquist (970) 224-6094 or 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 Request for Proposals may be obtained as follows: Download the Request for Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Request for Proposals. 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, 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. rev 01/08 9) List and describe any regulatory non-compliance issues, including but not limited to any inquiries or notifications by regulatory agencies, which the contractor has experienced within the past 5 years, including details of the resolution of such issues. 10) List and describe all litigation in which the contractor has been party in the last 5 years, including court docket numbers and identifying all parties in the litigation, and describing the subject matter of the litigation. H SA rev07/08 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 a signed contract with the City of Fort Collins within 30 days of notice of award. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER'S NAME: SIGNATURE: SERVICE ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL #: EMERGENCY: BACKUP: BILLING ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL #: EMERGENCY: BACKUP: II SA rev07/08 5. General Terms The contract with the City expects to utilize general form of the City's Services Agreement (see attached sample) and together with additional General Terms including, but not limited to, provisions substantially similar to the following: Maintenance of Records and Reporting 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. Data will be provided to the City in an electronic format which is mutually acceptable such as Microsoft Excel or similar form. Reports shall be submitted by the tenth day of each month to the City documenting and reconciling the following information: 1. Optional services performed under the terms of the contract to be billed by the City; 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; 5. A description of any regulatory notices or inquiries received or made by the contractor or events of noncompliance by the contractor in the preceding month; 6. A listing of all accounts for which a change of container size was implemented during the month (i.e., 32-gallon service to 64-gallon service, etc.); 7. Weights in tons of trash for materials collected from District customers; 8. Weights in tons of recyclable materials collected, the location to which these materials were transported, and what rebates or prices were received for them; and 9. Vehicle miles traveled for servicing the contracted District. In order to be able to report accurate data regarding trash and recycling volumes in the District, the contractor must describe how it will segregate loads or dedicate trucks in order to collect such data. If the contractor collects trash or recyclable materials from commercial customers within the District, the contractor may do so with the same vehicles which are used for District customers, but must report the number of accounts, service volumes and weights so that accurate data is presented regarding the collection of trash and recycling from District customers. Compensation Payment Schedule The City will bill all eligible households in the District on a monthly basis for subscription levels of service. The City will pay the contractor for service at the subscription levels according to the City's customer account records. Payment will be made in arrears, within an agreed upon number of days of the close of the calendar month of service. Customers will be allowed to place extended (greater than 90 days) vacation or vacancy holds on service, as long as a 10-day notification is provided to the City at the designated customer service address, and will be eligible for a fee credit for such periods. The City will establish a vacancy/vacation hold policy which can be verified by the City for qualifying holds. Vacation/vacancy credits will only be provided after collection service resumes and the vacancy 12 SA rev07/08 is verified though utility meter readings. The contractor will not be paid by the City for services to vacation/vacancy hold accounts. 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 contractor invoices. The City will retain full auditing rights of the contractor's accounting records as they pertain to the City's contract, as well as any other records required to be created, maintained or reported under the City Code or the contract. Confidentiality of Customer Records The contractor will be provided personal financial information related to specific customers within the District. The contractor will be required to ensure that such records are maintained in a manner which ensures continued confidentiality of customer's personal financial information and in compliance with the current Federal Trade Commission (FTC) Red Flag Rules pertaining to identity theft. Liquidated Damages Liquidated damages may be levied for certain types of contract breaches the actual damages for which will be difficult to ascertain as provided in the contract. If a covered breach is documented in an incident report presented by the City to the contractor, liquidated damages will be deducted from the monthly payment made by the City to the contractor. Disagreements will be subject to the review and resolution procedures provided in the contract. Action or Omission Commencement of residential collection prior to 7:00 a.m. or continuance after 7:00 p.m. except as expressly permitted. Failure to collect spilled materials Leakage from contractor vehicles or vehicle contents. Liquidated Damages $100.00 per incident (each truck on each route is a separate incident). Twice the cost of cleanup to the City plus $1,000 each incident $500 each vehicle, each inspection. 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 other than the day specified excluding inclement weather or holiday schedule. Collection as garbage of source -separated recycling. $50.00 per structure. $1,000.00 per incident. Misrepresentation by contractor in records $1,500 per incident. or reporting. B SA rev07/08 Failure to make required reports on time. Failure to maintain clean and sanitary vehicles. $500.00 per incident. $250.00 per vehicle per occurrence. The contract will also 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 will not affect the City's ability to terminate the contract for breach. 6. Review and Assessment Contractors 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 QUALIFICATION STANDARD FACTOR Does the proposal show an understanding of the 2.0 Scope of Proposal project objective, provide an effective methodology, and indicate successful results? 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 frame? Finn/Individual Does the firm/individual have the capability, financial 2.0 Capability stability, and experience to succeed? Have they done revious projects of this type and scope? 2.0 Cost of Proposal Does the proposed cost compare favorably with the Project Manager's estimate? 1.0 Safety Record Does the contractor have established safety programs which effectively protect employees and thepublic? Is the contractor actively working to ensure Regulatory and compliance will all regulations and environmental 1.0 Environmental standards related to the service? Has the contactor Compliance been the subject of significant regulatory enforcement actions? 14 SA rev07/08 7. Reference Evaluation (Top Ranked Firm): The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. STANDARD QUALIFICATION 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? Did the project meet the scope of work? Were any problems encountered Job Knowledge corrected quickly and effectively? 15 SA rev07/08 ATTACHMENT A Trash Districting Pilot Project • _(\V11 t\\ •S L •__ •W,Vine Dr_ "•r a ... 'YV Vir:e Dr� '�' 287 1 z f I • �: • _ z • •� • + to • in rn �-� .�.«..• Laporte Ave -L ~ . ..... • • _ ' o •, .. .«.•'.. .. la ••a Zia CIO ng • f • . • �t �I�tountain.4ve • • r• 1 . «ROO t }'' • High School �.0 1 f is10 •• -z ,City •..� •. �L• Par 8 .I ' y�;�•.: f �1 FEW r- W htuiberryoSt_ «' •. 1 J M.� U�3: • 1 ' ice. i •� ®� • • ��+ to •�¢i �• •'75 �f �' • ��� � � _ . �•a t •• .�—W Laurel St= •� CSU «. . » ... .�e. c C"�• J, Elizabeth S<t- _ �• 36f • • O._ <n •� •• • •• • �n �� may 9 d 1 • •« aN os • • ' • t Wwil f Pros ect Rd f e( • t. {ram/ ,�'t�" p �. 1 • d c•s 1S: j ^- .• S 230 V • Pilot Project Boundary B Included Pilot Address 0 Excluded From Pilot tr} Pesiderruat — 3 Units Bt:srr ess tt . Futula Ccnsirurton Colorado State Urriversiry Government Owned Data derived „orn Nousing.4t.hon:^; ± arnrer Data Adore Than 3 Unrrs PoLvre F r3 AL,, r(Onh! �eirgrOZ�s , Schoo! ........ ��a..a.. ui-,.e a.. n..>..aw� ere. urarnr<.-.>:,..,,...-.a•.a--.,r..d,...._>o�=.t.,xd:�.�.w rr....n.. City of F`rt Collins u [b�.=:t�a-,I �..e.p lvtr. t-r,m rt¢CI:Y Dr Y�]N:t0.'JIS r4FC]fgA'Vrv.�Nit^.r Y(pCrylyilglJ:Y tR VYPPJtitt PCR rrt>ess ar ux rau o.ur:Kw rtmroec, wv�cc arr ruin, m: y u.sr:r ro mcx r.v a.crxrs on me �wne.,:r.e c.+t a, kr �..� a ee.,c na,,ma,.sx. as �z'nnr.ur,u.r,w:...aa.e>+eura r.,>n..x «+nr...m.a •a w.e n.IxY-,.�...a. GIS .a V..tla�,e rcr,e+r9 ta,•rl�aYC•n.iP'-a<1.nt'>sf..a:..f'Mt='!Y.-�.±V ntl•.Yn rtkm+em •r4sl.INw<� 'lkrf'n ofaob a�b�e trM rcde aa� .i l�.-tirn>J�cw..z,rea.ry^Oibtlw[y.a.oaw.aatl.rclb!.a laLFi �rWJde*.a�. W.alm4wf.•Lr s�S, Printed:AUgUst21, 200 SA rev07/08 ATTACHMENT B Licenses and Business Regulations ARTICLE XV. SOLID WASTE COLLECTION AND RECYCLING SERVICES* Sec.15-411. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Collector shall mean the person or entity providing collection service. * Editor's note —Prior to its repeal and reenactment by Ord. No. 116, 1990, adopted Oct. 16. 1990, Art. XV was entitled 'Refuse Haulers"; consisted of §§ 15-411-15-415; and was derived from Code 1972, H 54-7-54-9, 54-12, 54-13, and Ord. No. 183, 1986, § 1(54-26)-- (54-30), adopted Nov. 18, 1986. Cross -reference —Garbage and refuse, § 12-16 et seq. 15-43 Stipp. No. 91 § 15-391 Commercial customers shall mean any premises util- izing collection service where a commercial, industrial or institutional enterprise is carried on, including, with- out limitation, retail establishments, restaurants, hospi- tals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities. Communal system for the collection of waste shall mean an arrangement for the collection of waste from multiple properties or residences using collection con- tainers shared by those properties or residences. Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk or in the street. If the curb and any sidewalk are of unitary con- struction, the term means behind the sidewalk. Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside location or within a dumpster site. Electronic equipment shall mean any electronic de- vice or electronic component as those terms are defined in the Colorado Hazardous Waste Regulations, 6 Code of Colorado Regulations 1007-3, Section 260.10. Group account shall mean a customer account for solid waste collection services that provides for collec- tion of waste from multiple residential customers, re- gardless of the method by which such services are con- tracted or arranged. An account for service arranged by a single property owner for collection of solid waste from multiple locations owned by that property owner shall not constitute a group account for the purposes of this Article. Household recycling container shall mean bags, bin - type containers, carts or bulk -volume dumpsters and plastic receptacles used for storing and setting out recy- clable materials. Multi family customers shall mean residential proper- ties for which there is a communal system for the col- lection of solid waste. Poly -cart shall mean a durable, plastic, wheeled con- tainer with a hinged lid, manufactured and used for the collection of recyclable materials or for the collection of refuse. Qualified recycling facility shall mean a facility that arranges for or causes the recovery of useful materials from one (1) or more specified recyclable materials Licenses and Business Regulations — Solid Waste Collection including items for reuse, and shall be deemed to in- clude only a facility that meets any federal or state stan- dards that may be established to regulate or designate such recycling facilities. Recyclable materials shall mean materials which have been separated from solid waste and can be recov- ered as useful materials and are properly prepared for the purpose of recycling, provided that such materials have been designated by the City Manager as recycla- ble. Recycling shall mean the process of recovering useful materials from solid waste, including items for reuse. Refuse shall mean solid waste. Residential customers shall mean residential proper- ties for which a communal system for the collection of waste is not employed. Service shall mean collecting, transporting or dispos- ing of solid waste or recyclable materials. Solid waste shall mean all putrescible and nonpu- trescible waste, excluding discarded or abandoned vehi- cles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other sludge, discarded home or industrial appliances, hazardous wastes, materials used as fertilizers or for other productive purposes and recy- clable materials which have been source separated for collection. Solid waste collector shall mean the person who pro- vides solid waste collection service on a regular, recur- ring schedule. Source separation shall mean to separate recyclable materials from solid waste at the waste source. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 1, 6-6-95; Ord. No. 025, 2004, § 1, 4-20-04; Ord. No. 024, 2007 § 4, 2-20-07; Ord. 052, 2009, § 2, 5-19-09) Sec. 15-412. License requirement. (a) License required. No person shall operate as a solid waste collector within the corporate limits of the City without first obtaining a collection license for such activity. (b) Exemptions. The following persons or entities are not required to obtain a solid waste collection li- cense: 15-44 Supp. No. 92 § 15-411 (1) A civic, community, benevolent or charitable nonprofit organization that collects, transports and markets materials for resource recovery solely for the purpose of raising funds for a charitable, civic or benevolent activity; (2) A person who transports solid waste or recycla- ble materials produced by such person; (3) A property owner or agent thereof who trans- ports solid waste or recyclable materials left by a tenant upon such owner's property, so long as such property owner does not provide solid waste collection service for compensation for tenants on a regular or continuing basis; (4) A demolition or construction contractor or land- scaper who produces and transports solid waste in the course of such occupation, where the solid waste produced is merely incidental to the par- ticular demolition or construction work being performed by such person. (c) volume -based rates. (1) Any person licensed to operate as a solid waste collector within the City shall charge all residen- tial customers, including but not limited to resi- dential customers provided service through a group account, on the basis of the volume capac- ity (or volume capacity category) of the contain- ers of solid waste placed for collection by each residential customer. The amount to be charged for such containers shall be determined by each solid waste collector; provided, however, that no volume capacity category shall exceed a range of variation in volume capacity of more than thirty- two (32) gallons. Collectors shall determine a rate for the thirty -two -gallon service, and that rate shall be used to determine the rates for all other service levels. Said charges shall be based upon the container size, rather than the volume of solid waste actually deposited within such containers by the residential customers. The charge for additional containers of the same vol- ume capacity (or volume capacity category) shall be no less than the charge for the first such con- tainer. The charge for prepaid bags or labels or for solid waste volumes in excess of a customer service subscription level shall be by volume ca- pacity and shall be proportional by volume to the collector's standard rate for a thirty -two -gallon container. Licenses and Business Regulations — Solid Waste Collection (2) In order to further ensure that the charge for the collection of solid waste is based upon volume as required above, any person licensed as a solid waste collector shall provide to each residential customer disposable bags, or labels to be at- tached to nondisposable containers, showing the volume capacity (or volume capacity category) of such containers, or shall establish another sys- tem for accomplishing the same purpose which is acceptable to the City. A solid waste collector shall arrange for provision of service to each group account in a manner that results in an indi- vidual selection by each individual residential customer of a level of service from the full range of container sizes and levels of service offered by the hauler. (3) In offering or arranging for services, a solid waste collector shall provide reasonable notice of the full range of bag or container sizes or levels of service offered by the hauler, and shall pro- vide to each residential customer that customer's .requested container size or level of service. (4) It shall be unlawful for any person to knowingly attach any such label to a container exceeding in volume the volume capacity (or volume capacity category) shown on, or represented by, such la- bel, and to place said container for collection. (5) No solid waste collector shall collect or transport solid waste which has not been placed for collec- tion through such system or in bags or containers upon which such labels have been attached. Upon emptying any such containers, the collec- tor shall remove or otherwise void all such la- bels. (6) The provisions of this Subsection shall not be construed as prohibiting any collector from also establishing rules and regulations regarding the maximum weight of containers of solid waste and/or recyclable materials. (7) A collector shall not collect any overloaded con- tainer unless the collector accounts for and bills the customer the appropriate fee or charge for the 15-45 Supp. No. 92 § 15-412 collection of such excess solid waste. Loading of a container so as to prevent the lid of the con- tainer from closing securely shall be deemed to constitute overloading of the container for the purposes of this provision. The determination of overloading and charges therefor shall be made on an individual pick-up date basis, and there shall be no "averaging" of pick-up volumes to al- low for overloading at one (1) time offset by a low volume at another time. (d) Fixed fees. (1) In addition to the volume -based rates required pursuant to Subsection (c) above, solid waste collectors may, but are not required to, charge a fixed fee only for solid waste collection services where bags or tags are used by their customers rather than reusable containers for the purpose of covering the fixed operational costs of routing service trucks for such collections. Surcharges for fuel or other special surcharges or fees shall be deemed to constitute a fixed fee and shall be permitted and charged only as set forth in this Subsection. (2) If a solid waste collector elects to charge such fixed fee, said fee shall not exceed thirty-five (35) percent of the monthly volume -based rate charged for one (1) thirty -two -gallon container per week. (3) In the event that a solid waste collector elects to establish a fixed fee, all bills for services pro- vided by such collector to residential customers shall clearly show both the fixed fee and the vol- ume -based rate. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 2, 6-6-95; Ord. No. 165, 1995, §§ 1, 2, 1-2-96; Ord. No. 5, 1996, § 1, 2-20-96; Ord. No. 025, 2004, § 2, 4-20-04; Ord. 052, 2009, §§ 3, 8, 5-19-09) Sec. 15-413. Recycling requirement. (a) Curbside%n-site collection. (1) Each solid waste collector licensed by the City shall make available to its multi -family and commercial customers, and other customers re- ceiving solid waste collection services through a 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 II, CPPO, FNIGP Director of Purchasing & Risk Management where renewal is a way of life Licenses and Business Regulations — Solid Waste Collection communal system of waste collection, at the cus- tomer's option, curbside collection of recyclable materials as said materials are designated from time to time by the City Manager as provided in § 15-414 of this Article. Notwithstanding the foregoing, the collection of recyclable materials from customers pursuant to this Subsection shall not be required if the collector provides docu- mentation satisfactory to the City verifying that there is not sufficient space available to allow the placement of recycling containers without en- croaching on needed parking areas or on the sidewalk or street, or without impairing or im- peding bicycle, pedestrian or vehicular traffic. (2) Each solid waste collector licensed by the City shall provide to each residential customer in the City, as a part of any solid waste collection ser- vices provided by such solid waste collector, the collection at curbside of both solid waste and re- cyclable materials, as said materials are desig- nated from time to time by the City Manager as provided in § 15-414 of this Article. No such collector shall be permitted to divide or diminish the provision of said basic service at the request of such customer or for any other reason. (b) Collection of recyclable materials; rights and duties of collectors. All licensed collectors of recyclable materials and solid waste operating within the City shall have the following duties and rights: (1) Except for materials which customers have not properly prepared for recycling, collectors may not commingle designated recycle materials with refuse, nor dispose of recyclable materials set out by recycling customers by any means other than at a qualified recycling facility. Recyclable mate- rials shall include all those materials designated by the City Manager as materials which collec- tors must offer to collect for recycling. § 15-413 container with words or symbols or both. Collec- tors must annually offer each residential recy- cling customer, in writing, a choice of at least two (2) sizes of poly -cart containers at least sixty-four (64) gallons in capacity, one (1) of which must be at least ninety-six (96) gallons in capacity. The collector must provide the re- quested poly -cart without additional charge to such customer, except that the collector may re- quire the payment of a refundable damage or loss deposit or a charge for lost or damaged poly - carts, not to exceed the actual cost of the con- tainer. The collector must provide a poly -cart for recycling to all residential recycling customers except those customers who expressly decline a poly -cart, and must provide a poly -cart to any customer at any time upon request within one (1) billing period after the request is made. (3) The collector may establish such reasonable and industry -accepted requirements for the prepara- tion of materials for recycling as are necessary to provide for the orderly collection of recyclable materials, including requirements regarding the preparation of materials for collection, the col- lection of recyclable materials and requirements for source separation. (4) In the event that a collector elects to perform col- lection of solid waste or recyclable materials through subcontractors or agents, such agency relationship shall not relieve the collector of re- sponsibility for compliance with the provisions of this Code and the rules promulgated here- under. (5) (2) On or before January 1, 2010, collectors must provide to each solid waste customer who util- izes curbside recycling services within the City a poly -cart container for storing and setting out re- cyclable materials meeting the requirements of (6) this Subsection, clearly marked as a recyclables 15-46 Supp. No. 91 All recyclable materials placed for collection shall be owned by and be the responsibility of the customer until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector. No person other than the customer or the collec- tor of recyclable materials shall take physical possession of any recyclable materials placed for collection. Any vehicle used for the collection of recycla- bles must be clearly and unambiguously marked as a recycling truck, whether by permanent de- cals or markings, or by signage or placards dis- played at all times during such use. Licenses and Business Regulations — Solid Waste Collection (e) Frequency of collection. (1) All collectors providing solid waste collection services to residential customers shall provide curbside recycling collection services to all cus- tomers who desire such services. Recycling col- lection services shall include collection from poly -cart recycling containers for all customers except those who expressly opt to forego receipt of a poly -cart. Such curbside recycling collection services shall be provided on at least a once - weekly basis and on the same day of the week as the day of collection of solid waste from the cus- tomer; provided, however, that collection of re- cyclable materials need not be accomplished on the same day as the collection of solid waste for multi -family dwelling units and dwelling units located within mobile home parks. After January 1, 2010, or after a collector has offered and made available to its customers poly -cart recycling containers, whichever first occurs, said collector may modify its recycling collection schedule as long as curbside recycling collection services are provided on the same day of the week as the day of collection of solid waste from the customer and no less frequently than two (2) times per month. (2) Collectors providing collection services to multi- family and/or commercial customers shall pro- vide services for the collection of recyclable ma- terials from such customers who desire such ser- vices with such frequency as is necessary to prevent overflow of the recycling containers. (d) Customer notification. (1) Upon the initial provision of solid waste collec- tion services to new customers. and on or before December 31 of each year with respect to exist- ing customers, collectors shall notify in writing such customers of the availability of the collec- tion of recyclable materials, the range of poly - cart recycling containers available, the materials designated for recycling collection pursuant to § 15-414 and such rules and regulations as have been established by the collector for the orderly collection of recyclable materials as authorized pursuant to Paragraph 15-413(b)(2). Such notice I5-47 Supp. No. 91 § 15-413 shall further include notification of the variable - rate solid waste collection service options of- fered by the solid waste collector and the related volume -based rates and fixed charges. (2) The form of notice shall be submitted to the City for review for consistency with the requirements of this Article, and to ensure that the notice is sufficient to fully inform customers of the avail- ability of recycling and level of service options (3) For group accounts, the notices required here- under may be sent to the group representative for said account, provided that such notice shall fur- ther notify said representative of its obligation to notify all individual residential customers within the group of the availability of recycling services and the terms of variable -rate service options, pursuant to Subsection 12-19(b). (4) All verbal and written communications with cus- tomers by or on behalf of a collector, whether in person, by telephone, in written form or through any other means, must be consistent with and clearly and accurately describe all components of the system employed by the collector to provide and charge for variable -rate solid waste collec- tion and recycling services. (5) The collector shall deliver to the City's Natural Resources Director a true and correct copy of each form of such notification sent on or before December 31 of each year. (e) Recycling only of electronic equipment. (1) No collector shall collect for disposal any elec- tronic equipment, regardless of whether such electronic equipment has been placed or set out for disposal. (2) Collection of electronic equipment for recycling shall be at each collector's option; provided, however, that no collector providing collection services for electronic equipment may dispose of any such electronic equipment. Instead, each such collector must deliver any collected elec- tronic equipment for recycling at a qualified re- cycling facility for electronic equipment. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 3, 6-6-95; Ord. No. 025, 2004, § 3, 4-20-04; Ord. No. 024, 2007 §§ 61 7, 2-20-07; Ord. 052. 2009, § 4, 5-19-09) Licenses and Business Regulations — Solid Waste Collection Sec. 15-414. Designation of recyclable materials. (a) The City Manager shall, on or before the 30th day of November of each year, after consultation with the Larimer County Board of Commissioners, the Natu- ral Resources Advisory Board and representatives of the licensed solid waste collectors operating within the City, determine which items shall be designated for recycling collection based upon the following criteria: (1) Local, state and federal laws and regulations, in- cluding but not limited to the requirements of this Article; (2) Potential for waste stream reduction; (3) Availability of markets; (4) Market price; (5) Safety factors and risks of transportation; and (6) Risks of commingling of liquid wastes. (b) All collectors shall be responsible for notifying their customers of the items identified to be recycled. (c) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation and enforcement of this Article. (Ord. No. 116, 1990, 10-16-90; Ord. No. 024, 2007, § 8, 2-20-07) Seca 15-415. Application for license. (a) Any person desiring to obtain a license to engage in the business of solid waste collection shall make written application to the Financial Officer on forms provided by the City. All applications for renewal of a license by a licensed collector must be submitted no later than November 30 in advance of the new license year. The application shall include, without limitation, the following information: (1) The name and address of the applicant; (2) The principal place of business for the business to be conducted; (3) A list of vehicles owned and/or operated by the applicant directly in the collection of solid waste and/or recyclables, or operated or located at any time in the City during the current or pending li- cense year, including vehicle make, color, year, 15-48 Supp. No. 91 § 15-414 U.S. Department of Transportation safety inspec- tion identification number, cubic yard capacity, Colorado license plate number and empty tare weight. (4) A description of the system to be used to account for and charge volume -based rates, as required under Subsection 15-412(c), and a plan describ- ing the structure and operation of the recycling collection services to be offered to each customer class. The description of the system shall include a detailed description of the means by which residential customers are notified of and offered the full range of sizes of bags or containers pro- vided for solid waste collection and those pro- vided for curbside recycling. In addition, the de- scription shall provide sufficient detail to allow the Financial Officer to determine the means by which volume -based rates are applied to residen- tial customers receiving waste -hauling services through any group account, such as the formula used to set volume -based rates for any group ac- counts, and the methods used to offer and ac- count for the volume -based charges. (5) All information required pursuant to Subsection 15-418(a) for the preceding twelve-month pe- riod. (b) The Financial Officer shall determine whether an application meets the requirements of this Article, and whether all taxes, fees, penalties, interest or other finan- cial obligations to the City of the applicant or any prede- cessor in interest of the applicant have been met, and whether the applicant is in current compliance with the requirements of this Article. The Financial Officer may request such additional information as he or she deems relevant to a determination of whether the requirements of this Article will be met by the applicant. The Finan- cial Officer may deny any application if the Financial Officer reasonably determines that any requirements of this Article will not be met by the operation proposed by the applicant, or if the applicant is ineligible for a li- cense under the terms of a revocation determination by the City Manager pursuant to § 15-426. (c) Upon a determination by the Financial Officer of whether a license shall issue under this Section, the Financial Officer shall give written notice to the appli- cant of his or her decision thereon. An applicant whose application has been denied may, within twenty (20) Licenses and Business Regulations — Solid Waste Collection days after such decision is mailed, petition the City Manager for a hearing on the denial. The City Manager shall notify the applicant in writing of the time and place of the hearing. After such hearing, the City Man- ager shall make such order in the matter as he or she deems just and proper and shall furnish a copy of such final order to the applicant. (Ord. No. 116, 1990, 10-16-90; Ord. No. 22, 2000, § 3, 3-7-00; Ord. No. 025, 2004, § 4, 4-20-04; Ord. 052, 2009, § 5, 5-19-09) Sec. 15-416. License requirements; fees and insur- ance. Upon approval of a license application, but prior to issuance, the collector shall furnish to the Financial Officer the following: (1) A license fee in the sum of one hundred dollars ($100.) for each vehicle required to be identified under Subsection 15-415(a); and (2) Proof that the collector has obtained a general comprehensive liability/automobile insurance policy protecting the collector from all claims for damage to property or for bodily injury, includ- ing death, which may arise from operations un- der or in connection with this license and provid- ing limits of coverage of not less than five hundred thousand dollars ($500,000.) for bodily injury and property damage per occurrence or in the aggregate. (3) Proof that each vehicle required to be identified under Subsection 15-415(a) has been registered with the U.S. Department of Transportation. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 41 6-6-95; Ord. 052, 2009, § 6, 5-19-09) Sec. 15-417. Term of license. All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day of December of the year in which such license is issued. All licenses shall expire on December 31 of each year. Licenses are not transferable. (Ord. No. 116, 1990, 10-16-90) Sec. 15-418. Plans, recordkeeping and reports. (a) Each collector must accurately and completely . account for and record, and report to the City using a form provided by the City, the following: 15-49 Supp. No. 91 § 15-415 (1) The specific manner in which trash collection and recycling services have been delivered in compliance with this Article, including but not limited to a complete list of all rate schedules used to charge for such services, including those offered to individual customers and those offered to group accounts, as well as the frequency of collection of trash collection and recycling ser- vices; (2) A description of any system used to impose and verify charges for trash volumes in excess of customer subscription levels; (3) The number of individual residential, multi- family and commercial customers who received solid waste collection services from the collector, by category, together with the number of group accounts within each category and the number of any such customer category that received ser- vices through a group account; and (4) The number of customers within each category that subscribe to each level of solid waste and re- cycling services, as well as the number of cus- tomers that utilize prepaid bag or tag services, and the number of recycling poly -carts provided to customers, by size of poly -cart. (b) In addition, prior to implementation of any change to operational systems, plans or structures of any licensee which are required to be reported for issuance of a license or annually hereunder, the collector must submit such changes to the City for review. (c) All information submitted to the City pursuant to this Section shall constitute public information, except as otherwise provided in the Colorado Open Records Act. Any such information constituting confidential customer records or financial proprietary information and identified as such by the licensee shall be main- tained as confidential by the City, unless otherwise required by court order or as agreed by the relevant party -in -interest. If the City receives a request for public inspection or a request for release of any collector cus- tomer records or collector financial information to a third party, the City shall provide timely notice of such request to the licensee. Licenses and Business Regulations — Solid Waste Collection (d) Each collector licensed pursuant to this Article shall maintain accurate and complete records of the service provided to each residential customer, the charges to such customer and payments received, the form and recipients of any notice required pursuant to this Article, and any underlying records, including any books, accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each collector to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (e) Promptly upon a request by the City Manager in connection with an audit or other investigation he or she has initiated, a licensee shall make records retained pursuant to Subsection 15-418(d) available, at its place of business or in such other reasonably convenient loca- tion as the licensee shall specify, for review by the City Manager, the Financial Officer or his or her designee, or an officer of the City charged with the investigation of potential violations of the Code, for the purpose of en- forcing the requirements of this Article. (f) A licensee shall make available for review by the City such records in its possession as may be relevant to the investigation of any complaint regarding such licen- see that has been submitted to the City or is under inves- tigation by the City. (g) All collectors shall accurately and completely report to the City the following information, which shall be deemed to constitute public information: (1) Number of tons of solid waste collected in the City from all residential, multi -family and com- mercial customers, and any other customer cate- gory, reported by category of customer. The weight, of solid waste collected shall be docu- mented and verified based on actual load weight measurements of a representative solid waste load no less frequently than on a calendar quarter basis, using a scale certified by the State, which actual weight information shall also be described and reported. 15-50 Supp. No. 9l § 15-418 (2) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of recy- clables collected through the commercial and multi -family recyclables collection program. (3) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of household recyclables collected through the curbside recyclables collection program. (4) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of household recyclables collected by drop-off sys- tem. Such reports shall be made on forms to be provided by the City and shall be made for each full half -year of curbside collection performed by the collector. A half -year shall mean January I through June 30 or July 1 through December 3L All such reports shall be submitted to the City Manager no later than thirty (30) days fol- lowing the close of each half -year. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 5, 6-6-95; Ord. No. 22, 2000, § 4, 3-7-00; Ord. No. 025, 2004, § 5, 4-20-04; Ord. 052, 2009, § 7, 5-19-09) Sec. 15-419. Disposal of solid waste. All persons holding licenses pursuant to this Article and engaged in the business of collection of solid waste shall dispose of all such refuse and solid waste at the Larimer County Landfill or at any other disposal site which is approved by any state. No solid waste shall be disposed of at any other location either inside or outside of the City. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 6, 6-6-95; Ord. No. 22, 2000, § 5, 3-7-00) Sec. 15-420. Identification of vehicles. Each vehicle used in the solid waste collection busi- ness shall bear an identification sticker issued by the Financial Officer in a conspicuous place upon the vehi- cle, which identification sticker shall be issued by the Financial Officer at the time the license is granted. (Ord. No. 116, 1990, 10-16-90) Sec. 15-421. Hours of operation. No collector shall operate any vehicle for the purpose of collection of solid waste or recyclable materials on any street designated by the City as "local residential" or "residential collector" between the hours of 7:00 p.m. and 7:00 a.m. (the "Nighttime Hours"). (Ord. No. 58, 1995, § 7, 6-6-95) Licenses and Business Regulations — Solid Waste Collection Sec. 15-422. Investigation of reports, records and other items relating to compliance with this Article. For the purpose of ascertaining the correctness of any reports, plans or other documents submitted or required to be prepared and maintained by a licensed collector pursuant to this Article, or for the purpose of determin- ing compliance with any requirements of this Article of any person, whether or not the same is licensed under this Article, the City Manager may hold investigations, including audits, and hearings concerning any matters covered by this Article, and may examine any relevant books, papers, records or memoranda of any such per- son and may require the attendance of such person, or any officer or employee of such person, or of any person having knowledge of transactions involved, and may take testimony and proof of the information. The City Manager shall have the power to administer oaths to such persons. Except for routine or random audits, any such investigation shall be based upon reasonable suspi- cion of a violation as determined by the City Manager. The City Manager shall provide advance notice to the affected solid waste collector of his or her intent to con- duct an investigation under this Section, unless the City Manager determines that provision of such notice may compromise the purpose of the investigation. (Ord. No. 22, 2000, § 6, 3-7-00; Ord. No. 025, 2004, § 6, 4-20-04) Sec. 15-423. Subpoenas and witness fees. All subpoenas issued under the terms of this Article may be served by any person over the age of eighteen (18) years. The fees of witnesses for attendance in re- sponse to a subpoena shall be the same as the fees of witnesses before the District Court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the City Manager, such fees shall be paid by the City, but when a witness is subpoenaed at the instance of any other party to such proceeding, the City Manager may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose in- stance the witness is summoned. In such case, the City Manager, in his or her discretion, may require a deposit to cover the cost of such service and witness fees prior to issuing such subpoenas. A subpoena issued as afore- said shall be served in the same manner as a subpoena issued through a court of record. (Ord. No. 22, 2000, § 6, 3-7-00) 15-5 t Supp. No. 91 § 15-422 Sec. 5424. Attendance of witnesses and produc- tion of evidence to be compelled by Municipal or District Judge. Any Judge of the Municipal Court or the District Court, upon the application of the City Manager, may compel the attendance of witnesses, the production of books, papers, records or memoranda and the giving of testimony before the City Manager, by an action for contempt or otherwise in the same manner as the pro- duction of evidence may be compelled before such court. (Ord. No. 22, 2000, § 6, 3-7-00) Sec.15-425. Depositions. The City Manager, or any party to an investigation or hearing before the City Manager, may cause the deposi- tion of witnesses residing within or without the State to be taken in the manner prescribed by law for depositions in civil actions in courts of this State and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda. (Ord. No. 22, 2000, § 6, 3-7-00) Sec. 15-426. Suspension or revocation of license. The City Manager may, after written notice of no less than ten (10) days and an opportunity for a hearing if requested by the licensee within twenty (20) days of such notice, suspend or revoke any license issued under this Article as he or she determines reasonably appro- priate upon a finding that the licensee has failed to com- ply with any provision of this Article or has violated other applicable laws intended to protect public health, safety or the environment. No period of suspension shall exceed six (6) months in duration. In the event of a revocation of a license, the City Manager may further declare such licensee ineligible for licensure under this Article for a period of up to one (1) year from the date of revocation, if he or she reasonably determines that the circumstances so warrant. In lieu of suspension or revocation of a license under this Section, or as a condi- tion of future eligibility for licensure, if a licensee is declared ineligible for the same, the City Manager may establish reasonable terms and conditions for continua- tion of a license or such future eligibility. A license shall be subject to immediate suspension in the event of vio- lation of any such terms and conditions for continuation of a license. (Ord. No. 22, 2000, § 6, 3-7-00) Licenses'and Business Regulations — Solid Waste Collection Sec.15-427. Notices. All written notices required to be mailed, served or given to any person under the provisions of this Article shall be hand delivered or mailed, postage prepaid, ad- dressed to such person at the last known address of such person on file with the City and shall be deemed to have been received by such person when so mailed or deliv- ered. (Ord. No. 22, 2000, § 6, 3-7-00) Sec. 15-428. Review of decisions of the City Man- ager. The licensed collector or other person subject to final action of the City Manager under this Article may apply for review of such action in the Larimer County District Court in accordance with Rule 106 of the Colorado Rules of Civil Procedure. The review must be sought no later than thirty (30) days after the date of the decision to be reviewed. (Ord. No. 22, 2000, § 6, 3-7-00) See.15-429. Violations. It shall be unlawful for any person to: (1) Fail or refuse to make or file any record, report, application or other document required to be made or filed by this Article or to make any false or fraudulent record or report or any false or fraudulent statement in any such document; (2) Operate as a solid waste collector within the cor- porate limits of the City without the license re- quired by this Article or to continue to do busi- ness during a period of suspension of such license or after such license is revoked; or (3) Aid or abet another in any attempt to evade any requirements imposed by this Article. (Ord. No. 22, 2000, § 6, 3-7-00) Sec. 15-430. Other remedies unaffected. Nothing in this Article shall be construed to limit or forbid the City or any other person from pursuing any other remedies available at law or in equity to enforce the provisions of this Article, including, without limita- tion, the prosecution of violations of this Article pursu- ant to § 1-15 of this Code. (Ord. No. 22, 2000, § 6, 3-7-00) 15-52 Supp. No. 91 § 15-427 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 ( ) pages, 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 Agreement. 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. SA rev07/08 4. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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 clause 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 sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins 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 SA rev07/08 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. SA rev07/08 Request for Proposals 7067 Residential Trash and Recyclables Collection City of Fort Collins, Colorado 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 essentially shift trash and recycling collection by multiple private contractors, who contract individually with homeowners in the District, to a single district -wide contract in which the City would be billed for services provided by the contractor. While residents within the District 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 covered homeowners regardless of whether they actively utilize the services provided. Fees will be collected through the City's utility billing system based on account information provided by the City to 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 in the District that currently offer their residents curbside trash and recycling collection services in accordance with the group account requirements of the Code of the City of Fort Collins (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. 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 only for the accounts to which service is provided. The boundaries of the Trash Services Pilot District will be Prospect Road, College Avenue, the Poudre River and Overland Trail. A map of the District is included as Attachment A. All residential properties within the District are determined to be single-family, duplex or triplex dwellings will be included under the contract. Exceptions will only be made for residences within HOAs as described above, and those properties that receive trash service through a communal dumpster, as defined in City Code, Section 15-411. A start date for collection services will be set by mutual agreement between the City and the contractor, and is anticipated to be in the first quarter of 2010. 2. General Information Demographics The City has an estimated population of 136,000 people residing in an approximately 53.4 square mile area. The City contains an estimated 55,480 household units. In the geographic area of the pilot districting project, there are an estimated 7,500 single-family, duplex and triplex household SA rev07/08 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. 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, 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 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 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 party's reasonable attorney fees and costs incurred because of the default. SA rev07/08 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. 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 Fort 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 SA rev07/08 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 Employing 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 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 SA rev07/08 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. 20. Amendment 54 To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any SA rev07/08 political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. 21. 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. SA rev07/08 CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP 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 SECRETARY SA rev07/08 (Corporate Seal) 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 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 Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's 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: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. 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 from 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. units. The City anticipates that "HOA exempted households" could constitute as much as 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. As noted above, a map of the Pilot Trash District is attached as Attachment A of this document. Service to commercial and industrial trash customers is 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 (5-year) 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 reasonably priced and 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, 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 "RecycleBank" TM, or other incentive based programs; ability to begin providing service within the proposed timeline; and prior successful contractor performance with waste collection systems on a scale similar to the project described herein. 3. Basis of Proposal Proposals submitted will be for the contractor to provide collection services for trash and recyclables to all covered residences 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/municipaUchapterl5.htm#articleXV (see Attachment B). Proposals must also conform to those portions of the Code which have been approved by City Council in Ordinance 2009-052, scheduled to take effect in January 2010, and which require SA rev07/08 residential trash haulers to offer 64- or 96-gallon recycling containers to customers, upon request, no later than January 1, 2010. Solid Waste Materials: The City requires that all refuse collected in the District be delivered to Larimer County Landfill for disposal. The contractor must provide a statement of its willingness to comply with this requirement. Recyclable Material: Recyclable materials will be collected in compliance with City Code regarding the materials which are included in the City Manager's annual designation of recyclable to be collected materials (Section 15-414 (a)). This list of materials is generally updated one time per year, according to those materials which are generally acceptable to the Larimer County Recycling Center. Recyclable material shall be delivered to the Larimer County Recycling Center (LCRC), except for materials which are not accepted at 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 twice -monthly collection of recyclables. The recyclable materials will remain the property of the contractor. Recyclables are to be collected from households on the same day of the week as their trash is collected. 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 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. Customer Service The City will provide billing services to trash and recycling customers within the District. This billing service will include monthly billing based on subscription levels of service, start-up and stop service requests, changes to levels of subscription service, and questions regarding such billings. The City will provide information to the contractor on a regular basis regarding changes in subscription level (container size) and other service issues. The contractor will be responsible for providing all other customer service functions including handling customer requests for special services, resolving customer complaints, addressing SA rev07/08 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. When customers contact the City regarding these types of questions, the City staff will forward these phone calls directly to the contractor. 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 at its own expense an 8-1/2" x 11" two-color mailing to each District customer, (approximately 6,000-7,000 required). This mailing 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 not fit into the collection bins, etc. The contractor will be required to provide another such mailing at six months into the contract, and at minimum 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 mailing will be approved by the City. Proposers may provide additional education approaches or incentives for increasing recycling rates as a part of their proposal. 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. Proposed Term of Contract and Annual Renewals The contractor must provide a proposal for a five-year contract, including any provisions for yearly cost review. Cost reviews may include factors such as the Denver/Boulder Consumer Price Index annual average for the previous year, tipping fee costs and fuel cost inflation. Proposals should specify a proposed date and basis for annual adjustments. In addition, the City will consider requests for special rate adjustments to be made in the event of other significant events such as changes to legislation which materially affects the provision of service under the contract. Alternatives for additional annual contract terms may be presented for consideration. Any multi- year contract entered into by the City is subject to annual appropriation. 4. Submittals: Submittals should address the following subjects, clearly identifying responses to each section by number provided below (4a, 4b, 4c, etc.): a. Unit -Based Pricing The contractor shall propose charges for weekly trash removal, incorporating the cost of at least twice -monthly removal of recyclables. Subscription service will be provided for all single-family residences and multi -family dwellings up to 3 units in SA rev07/08 the proposed District, with the exception of Homeowner's Associations with existing contracts that include all residences in the HOA and residences with communal dumpster service. 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 trash, incorporating the cost of recyclable material. Proposals must include: • Unit base pricing information for the cost of providing a single 96-, 64- and 32-gallon trash container; contractor must specify whether the cost of trash containers (toters or polycarts) is included in the proposal and whether existing ("used") equipment will be utilized by the contractor. • Suggested methods for offering an "extremely low" or "trash buster" rate for customers who generate less than 32-gallon subscription service levels of trash each week. • All unit pricing for trash removal must include costs for required recycling services. At a minimum, recycling containers shall be available in sizes of 96- and 64-gallons. • Collection of trash in excess of subscription levels of service via a bag/tag or similar system including how customers would pay for these overages. b. Additional Services The contractor may propose 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/disposal • Polycart change fee or delivery fees • Front door pick-up for physically impaired residents • Curb -side yard waste collection and disposal at a permitted composing facility • Electronic notifications for service dates • Suggested methods for keeping residents informed regarding who to call for various types of customer service needs, weeks for recycling pick up, or other relevant information (e.g., refrigerator magnets, flyers, etc.). c. 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 shall be designed for "single stream" recycling. d. Alley Collection In the Pilot Trash District there are many alleys, so the contractor should acquaint itself with the special needs and accommodations that will be required for alley collection. The contractor must indicate whether it will provide alley service within the district. If alley service is proposed at a different price from curbside -only SA rev07/08 services, the additional cost of providing alley service to specific customers may be presented as an alternative for the City's consideration. e. Trucks and Equipment The contractor must provide information about vehicles' age and size, types of trucks, and any automated equipment that it proposes to use for the District, as well as other equipment necessary for the job such as communication devices, GP routing 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 proofmg, 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, reduction in trucks' vehicle miles of travel and air pollution, the use of split - compartment vehicles to minimize truck traffic, or other actions which address the City's overall goals. The contractor should include a statement of the location from which the contractor will stage vehicles for collection of materials from the District; f. 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. g. Customer Service 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. At its own expense, the contractor will be required to develop a web site/page exclusively for information pertaining to operations in the City. h. Information Requests and Requirements If applicable, contractors are to indicate the number of residences in the district currently being served by the proposer, including the number of accounts served through homeowner associations. The contractor shall provide information about the projected distribution of service levels that it anticipates will occur within the district, including container size, the number of containers, and number of accounts recycling and utilization of any special services. i. Transition Plan The contractor shall provide an outline of its transition plan for fulfilling the terms of the contract. Subjects to be addressed in the Transition Plan should include: SA rev07/08 • A plan for providing information to residents regarding choices for collection containers and service changes; • A proposed timeline for implementation including projected time necessary to secure equipment and staff to provide the contracted service; • A proposed schedule for providing trash and recycling containers to customers within the district; • A description of how the appropriate removal of previous service providers' recycling and trash containers will be conducted. j. Qualifications of Contractor 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. 1) 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. 2) 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. 3) Include a list of your company's current number of employees, trucks (year, make and model), and trash and recycling containers, by sizes. 4) List up to three (3) service contracts from the past five years, with a description and assessment of your success with these projects (e.g., HOA contracts, municipal contracts or other similar programs). 5) Include a statement regarding how your firm demonstrates its customer service values; describe what services you provide that demonstrate your commitment to ensuring customer satisfaction. 6) Provide a financial statement for your company that demonstrates a minimum of $850,000 in annual revenue for at least three of the past four fiscal years. 7) Provide completed Vendor Statement and Contact Information signed by an authorized person from your company. 8) Describe safety programs in place for the contractor's employees SA rev07/08