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HomeMy WebLinkAboutRFP - 8093 WASTESTREAN MANAGEMENT SERVICES (2)RFP 8093 Waste Stream Management Services Page 1 of 22 REQUEST FOR PROPOSAL 8093 WASTE STREAM MANAGEMENT SERVICES The City of Fort Collins is requesting proposals from qualified firms to implement a waste management program for City offices, workplaces and facilities that places a high emphasis on diverting more material away from landfill dispossal towards recycling, as well as systematic reduction of the overall waste stream. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), April 29, 2015 and referenced as Proposal No. 8093. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Susie Gordon, at (970) 221-6265 or sgordon@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Susie Gordon , with a copy to Ed Bonnette, no later than 5:00 PM our clock on April 15, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the 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 8093 Waste Stream Management Services Page 2 of 22 Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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. 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. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP 8093 Waste Stream Management Services Page 3 of 22 REQUEST FOR PROPOSAL 8093 WASTE STREAM MANAGEMENT SERVICES I. GENERAL INFORMATION: The City of Fort Collins (City) is seeking 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 bid 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 point of contact provided to the City. The City reserves the right to make split awards or multiple awards, if that is more advantageous to 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. 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. WORK REQUIREMENTS: 1. General Requirements:  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 Exhibits A and B), as contracted by this procurement, and to meet future needs.  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.  Service Provider shall provide all scales equipment and/or pay costs for measuring and reporting material by weight as required by the City.  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.  Service Provider shall comply with all City, State and Federal health, environmental safety and fire ordinances while performing the prescribed work.  Service Provider will be held liable for damage resulting from negligence. Multiple incidents of damage or safety violations may be cause for termination of this contract and restrictions from future Contracts.  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. RFP 8093 Waste Stream Management Services Page 4 of 22 The City shall designate a Contract Administrator who will fulfill the same function on behalf of the City.  When Service Provider’s representative 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.  Service Provider shall give the City written notification of any change in account representation within two (2) calendar days of the change.  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 their option in the event it is deemed warranted by the City Contract Administrator or Project Manager. 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:  ‘Pick-up” includes emptying trash and recycling containers.  Pick-up service must be regularly scheduled at the appropriate frequencies to prevent containers from overflowing.  Service Provider shall clean up from the grounds any trash or recyclables spilled during the transfer process or such material in the immediate vicinity.  Service Provider shall provide on-call or emergency pick-up service for any materials requested by the City within 24 hours.  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 prosecution.  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. Security Clearance and Worker Identification Requirements for City Facilities:  Prior to beginning work under this Contract, any Service Provider employees who will work on this Contract must obtain a background clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations-Crime Information Center. Security clearance requirement applies in particular to: personnel that handle secure documents destruction services; and, personnel entering secured areas such as police services, the water treatment facility, the wastewater treatment facilities, and the trash and recycling pickup area at the Utilities facility at 700 Wood Street. It may be extended at the City’s discretion to any personnel who enter City premises in the course of duties.  Service Provider must have valid documents for all workers through Homeland Security, Immigration and Custom Enforcement (ICE). RFP 8093 Waste Stream Management Services Page 5 of 22  An appointment must be made with Operations Services, City of Fort Collins for a City picture ID; Service Provider personnel must bring a copy of the CBI report for City records. The City may deny clearance to any person who has:  an active criminal arrest warrant, felony arrest or conviction  a drug-related misdemeanor or drug-related petty offensive conviction  a non-drug-related misdemeanor or a petty offensive conviction within the past three (3) years  been a suspect in an active criminal investigation  been previously terminated from employment by the City of Fort Collins  been determined to be a threat to the safety of persons or property, or to the confidentiality of City information. 5. Items to be Provided by Service Provider:  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 A, Bid Sheet, Trash Services.  Other equipment such as poly-cart containers or compacting bins may be designated for trash collection in some instances. All containers must be approved by the City prior to placement.  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.  Service Provider shall immediately replace any malodorous, vandalized or damaged containers.  Roll-Offs: Periodically, “on call” roll-off bin deliveries may be requested by authorized City personnel for trash removal in excess of normal subscription levels of trash 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 C, Bid Sheet, Roll-Off Pricing.  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 B, Bid Sheet, Recycling Services.  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.  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. RFP 8093 Waste Stream Management Services Page 6 of 22  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.  At City locations where confidential documents are routinely collected for shredding, the Service Provider will provide appropriate security, such as locking cabinets or wheeled poly-carts.  When “on call” shredding services are requested, Service Provider shall furnish all equipment and containers necessary to ensure security measures and procedures are followed.  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 bins which clearly differentiates them from one another, and contain contact information for the Service Provider. 6. Trash Service:  Service Provider shall pick up refuse from municipal bin locations shown on Exhibit A, Bid Sheet, Trash Services for disposal at Larimer County Landfill.  In the event there is an alternate landfill in closer proximity or, if Larimer County Landfill is not available, Service Provider must deposit an offsetting volume of trash equal to or greater than the municipally generated waste into the Larimer County Landfill in order to compensate for the “volume loss” to Larimer County Landfill.  Types of waste that will not be collected under this bid include: hazardous wastes, light bulbs, batteries, surplus scrap metals, appliances, refrigerators, and electronic waste (computers & electronic equipment).  Service Provider shall report to the City on a monthly basis on trash volumes picked up at each City location. 7. Recycling Service:  Service Provider shall pick up recycling from municipal bin locations shown on Exhibit B, Bid Sheet, Recycling Services for single-stream of materials accepted at local Material Recovery Facilities (MRF).  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 ).  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.  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. RFP 8093 Waste Stream Management Services Page 7 of 22  The City requires the Service Provider to collect confidential documents for destruction and recycling. Verification of the security system used to manage shredded paper must be provided to the City, as part of the proposal. See Exhibit D, Shredding Services.  Service Provider shall advise the City of opportunities to utilize zero-waste management for special events, etc.  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, processimg plants or brokerage agencies from which payments are received. 8. Reporting and Billing Requirements:  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. The City requires that sample weights be provided at least annually for a representative number of trash collection locations, in order to verify that an accurate conversion factor was generated by the contractor. The City requires that all material collected for recycling must be reported in weights; the weights of each designated material must be reported individually.  The Volumes Report must be submitted in a mutually agreed upon electronic form, such as Excel, no later than the fifteenth (15th) of the month (for the preceding month’s data) to the City’s designated Data Analyst. The Volumes Report shall also reflect monthly charges per account and provide the underlying calculations for the conversion factor from volumes to weights.  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.  Service Provider shall provide a single monthly billing statement to the City’s Accounts Payable Department that itemizes service fees for each collection location’s normal “subscription” service level, listed by the appropriate location and account number.  In addition, Service Provider will provide a separate, itemized bill to Accounts Payable for any extra services rendered, by department and location.  The City reserves the right to withhold payment for missed or skipped pickups. 9. Resource Management Services:  Service Provider will work collaboratively with the City to identify opportunities to reach its recycling and waste reduction goals, and to render cost efficiencies/savings to the City, for example, to down-size trash at specific locations when a smaller size bin will provide sufficient capacity, or to reduce the frequency of collection. Service Provider will at minimum review existing municipal practices and make recommendations for improvement on an annual basis.  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. RFP 8093 Waste Stream Management Services Page 8 of 22  Service Provider shall instruct its drivers to monitor container utilization levels for trash and recycling so that the City receives maximum use and services of each container, and report to the City Contract Administrator when adjustments in bin size, bin quantity, and/or pickup frequency need to be made. 10. Additional Information:  The City will award a one-year renewable annual contract, with annual option to renew for up to four optional renewal years (maximum length five years total). 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, etc.) will be allowed.  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 include: Poudre School District Larimer County Climate Wise Partners Front Range Community College Fort Collins Housing Authority 11. Optional Items for Proposal of Interest to the City Team:  The City is highly interested in any proposals that include the use of alternative fuel collection vehicles, such as collection trucks that use compressed natural gas (CNG), or are electric.  The City is interested in any proposals for collecting food waste that would be managed through commercial composting systems.  In order to encourage participation in this competitive process; the City is willing to consider proposals from DBE firms that would include a cost-sharing approach whereby the City purchases (and owns) collection bins or dumpsters, and allows the awarded Service Provider to use them.  The City is interested in any additional innovations that will help meet the City organization’s aggressive goals for waste reduction, including by not limited to the following example: i. Site-specific audits or site-specific observations made by collection truck drivers. III. SUBMITTAL REQUIREMENTS: The City’s intent is to choose the most qualified firm/team based upon approach, methods, qualifications and experience, availability, and submitted costs. Once a firm is selected, a detailed scope of services will be developed for the awarded Services Agreement. Of prime importance is the firm’s flexibility in responding to services as requested by City staff. RFP 8093 Waste Stream Management Services Page 9 of 22 Submittals are to be limited to 10 pages or less, exclusive of work product samples and Bid Sheets. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1. Methods and Approach - Describe your expected or recommended approach to addressing all the elements described in section II, Work Requirements above. Describe the anticipated interaction with the City. a. Sustainability: All qualified consulting firm/teams participating in the submitted proposal are to explain in detail what their organization does in the way of a Sustainability Plan as a subset of this section. This is to include as a minimum what you do in the way of use of materials, equipment, vehicles, fuel, recycling, office practices, etc. as an organization that demonstrates leadership and that you “walk the talk” in regard to sustainable practices within your own organization. Also in this section, include and describe any of the Optional Items for Proposal of Interest to the City Team from section II.11, above. 2. Qualifications and Experience - Provide relevant information regarding previous experience related to developing similar plans and services to the ones listed under our Deliverables above:  Number of years in the business.  Overview of services offered and qualifications  Names and location of similar projects. Three references of such projects, to include: a) Service provided b) Date of service c) Client organization d) Contact name and title, phone, and e-mail address of public agency reference(s) overseeing the planning effort.  Samples (preferably three via a web link or pdf files) of work products for similar projects. 3. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The résumés shall include at least three references from previous assignments. 4. Availability – Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO THE WEEKS OF MAY 11 AND MAY 18, 2015 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. 5. Cost – Proposers are to, at a minimum, submit costs for Exhibit A Trash Services, Exhibit B Recycling Services, and Exhibit C Rolloff Pricing in order for their proposals to RFP 8093 Waste Stream Management Services Page 10 of 22 be considered. Pricing for Exhibit D Shredding Services may be proposed as a subcontractor; if included in an award for Trash, Recycling, and Rolloff Services, the SPOC for the awarded vendor will also be held responsible for the performance of the subcontractor. The City reserves the right to award Rolloff Services and or Shredding Services separately, if in the best interests of the City to do so. a. Submit your Cost for Trash Services by filling in the “Monthly Cost” and “Annual Cost” cells for each Service Location on Exhibit A, Bid Sheet, Trash Services. Note that current container sizes, quantities, and pick-up frequencies are listed for each location. Accounts are arranged by Months/Year of Service (including12-month accounts, and seasonal accounts). Bidders must calculate and list the Monthly Cost and the Annual Cost for each location on the Bid Sheet; fill in the Trash Service Total for all locations combined. b. Submit your Cost for Recycling Services by filling in the “Monthly Cost” and “Annual Cost” cells for each Service Location on Exhibit B, Bid Sheet, Recycling Services. Note that current container sizes, quantities, and pick-up frequencies are listed for each location. Accounts are arranged by Months/Year of Service (including 12-month accounts and seasonal accounts). Bidders must: circle the appropriate description for the proposed collection system (dual- , single- , or alternative/hybrid-stream) at the top of each Page: calculate and list the Monthly Cost and the Annual Cost for each location on the Bid Sheet; fill in the Recycling Service Total for all locations combined. c. Record the Annual Cost, Trash Service Total, All Sites: $________________ Record the Annual Cost, Recycling Service Total, All Sites: $________________ Lump Sum, Total Trash and Recycling Service Annual: $________________ d. Trash Cost Matrix: Include in your Proposal the Unit Costs used on your Exhibit A Bid Sheet, Trash Services. e. Recycling Cost Matrix: Include in your Proposal the Unit Costs used on your Exhibit B Bid Sheet, Recycling Services. f. Rolloff Pricing: Submit your Cost per Pull for Rolloffs on Exhibit C, Roll-Off Pricing. Bidders must calculate the Estimated Annual Cost by multiplying the Cost per Pull by the Average Pulls per year; fill in the Rolloff total to estimate the annual cost for all sizes combined. Report that total here: Lump Sum, Total Rolloff Service Annual: $________________ g. Secure Document Shredding Pricing: Submit your Cost per Pound for Secure Document Shredding from Exhibit D here: $________________ RFP 8093 Waste Stream Management Services Page 11 of 22 Vendor Statement: I have read and understand the specifications and requirements for this Request for Proposal 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 SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: CELL: EMAIL: COMMODITY CODES USED FOR THIS RFP: 910-27 GARBAGE/TRASH REMOVAL AND DISPOSAL 926-77 RECYCLING SERVICES Compensation and Contract Process A. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Contract Administrator. City payment terms will be Net 30 Days from receipt of invoice. B. The selected Contractor shall be expected to sign the City’s standard Services Agreement prior to commencing Services (see sample attached to this Proposal). C. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. D. The City reserves the right to negotiate with any vendor as determined at the City’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 8093 Waste Stream Management Services Page 12 of 22 IV. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and any optional interview session. At the discretion of the City, interviews of the top rated firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 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? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 2.0 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? Note: any Optional Items for Proposal of Interest to the City Team are weighed here. 2.0 Cost Does the proposal include detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the proposed costs compare favorably with the Project Manager’s estimate? 2.0 Firm Capability 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? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing RFP 8093 Waste Stream Management Services Page 13 of 22 products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs? Did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 8093 Waste Stream Management Services Page 14 of 22 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 ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , 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 Service Provider mailed no later than ninety (90) days prior to contract end. 5. 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 6. 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 RFP 8093 Waste Stream Management Services Page 15 of 22 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. 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: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 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 Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. 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. 10. 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. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is 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 RFP 8093 Waste Stream Management Services Page 16 of 22 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. 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. 13. 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. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 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. 15. 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. 16. 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 RFP 8093 Waste Stream Management Services Page 17 of 22 attorney fees and costs incurred because of the default. 17. 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. 18. 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 , 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. 19. 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. 20. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. 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 RFP 8093 Waste Stream Management Services Page 18 of 22 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. RFP 8093 Waste Stream Management Services Page 19 of 22 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 8093 Waste Stream Management Services Page 20 of 22 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul 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:_____________________________ RFP 8093 Waste Stream Management Services Page 21 of 22 EXHIBIT 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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: 1. 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 $1,000,000 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. RFP 8093 Waste Stream Management Services Page 22 of 22 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.