Loading...
HomeMy WebLinkAbout109244 WASTE MANAGEMENT OF COLORADO - CONTRACT - RFP - 8093 WASTESTREAN MANAGEMENT SERVICESServices Agreement 8093 Waste Stream Management Services Page 1 of 29 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 WASTE MANAGEMENT OF COLORADO, INC., 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 "D", consisting of seven (7) pages and incorporated herein by this reference. Irrespective of references in Exhibit D to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence June 1, 2015, and shall continue in full force and effect until December 31, 2016, unless sooner terminated as herein provided (the “Initial Term”). In addition, at the option of the City and upon mutual agreement of the parties, the Agreement may be extended for additional one year periods not to exceed three (3) additional one year periods; and, one additional period that shall commence January 1, 2020 until May 31, 2020. Renewals and pricing changes shall be as detailed in Exhibit D. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. 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. 4. Early Termination for Convenience 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, with the following exception: during the Initial Term for the period June 1, 2015 – December 31, 2016, the City shall waive the option for Early Termination for Convenience, as detailed in Exhibit D. 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: DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 2 of 29 Service Provider: City: Copy to: Waste Management of Colorado, Inc. Attn: Melissa Kolwaite 5500 S. Quebec Street, Ste 250 Greenwood Village, CO 80111 mkolwait@wm.com City of Fort Collins Attn: Susan Gordon 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. 5. 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 unit pricing in attached Exhibits "C", consisting of four (4) pages, and incorporated herein by this reference. 6. 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. 7. 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. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit D, Scope of Services 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 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. 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 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 3 of 29 written consent of the City. 10. Acceptance Not Waiver. The City's and/or Service Provider’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 parties under this Agreement or cause of action arising out of performance of this Agreement. 11. 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 provided by Service Provider hereunder shall be 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. 12. 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. 13. 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. 14. 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. 15. Indemnity/Insurance. DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 4 of 29 a. Except in the event of a negligent or unlawful act by the City, 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 E, 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. 16. 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. 17. 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. 18. 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 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 5 of 29 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. 19. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "F" - Confidentiality, DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 6 of 29 consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney WASTE MANAGEMENT OF COLORADO, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Melissa Kolwaite Dir of Public Sector Solutions 9/29/2015 10/5/2015 Services Agreement 8093 Waste Stream Management Services Page 7 of 29 EXHIBIT A TRASH LOCATIONS Trash Collection Location Address Container Size Bin Qty Frequency of Service Weeks/Year or Seasonal Archery Range 2825 Frontage Rd SW 3cyd 1 on call (est 1X/month) 52 Avery House 108 N Meldrum 96 gal cart 1 2x 52 City Hall Complex 300 Laporte Ave (west complex) 2cyd 1 1 52 City Park Ballfield 211 S Bryan 6 cyd. 1 on call 28 (April - Oct) City Park Nine 411 S Bryan 3cyd 1 3 24 (April - Oct) 3 cyd 1 on call 24 (Nov-Mar) City Park Picnic Bryan & Oak 6cyd 1 1 28 (April - Oct) City Park Pottery 1541 W Oak 6cyd 1 every other week 52 Civic Center Parking 120 N Mason 2cyd 2 1 52 Club Tico/Pool 1599 City Park Dr 6 cyd 1 1x month 32 (Oct - April) 6 cyd 1 3 20 (May - Sept) Collindale Golf / Restaurant 1441 E Horsetooth 3cyd 1 5 24 (April - Sept) 1441 E Horsetooth 3cyd 1 2 28 (Oct - Mar) Crushing Facility 1380 Hoffman Mill Rd 2cyd 1 on call (est 1X/month) 52 Customer Service (Utilities) 117 N Mason / 200 MT. 2cyd 1 1 52 Downtown Restrooms 123 E Oak St 3cyd 1 1 52 Downtown Maint Shop 220 N. Howes N. side of alley 3cyd 1 3 52 Edora Park 1420 E Stuart St 6cyd 1 on call (est 1X/month) 24 (Nov - March) 6cyd 1 3 28 (April - Oct) EPIC 1801 Riverside Ave 8cyd 1 3 52 3cyd 1 on-call 52 Equipment (Fleet Shop) 835 Wood St 4cyd 1 1 52 Equipment (Fleet Shop) 835 Wood St 30cyd (Roll-off) 1 on call (est 1X/month) 52 Fleet 906 W Vine 4cyd 1 1 52 Fossil Creek Park 5833 S. Lemay -Shop 30cyd (Roll-off) 1 on call (est 4X/yr) 52 40cyd compactor 1 on call (est Services Agreement 8093 Waste Stream Management Services Page 8 of 29 Martinez Park N Sherwood 6cyd 1 on call (est 1X/month) Nov-Mar Martinez Farm 600 N. Sherwood 4cyd 1 on call (est 1X/month) 20 (Oct - April) Martinez Farm 600 N. Sherwood 4cyd 1 1 May - Sept Meadow Spring Ranch 62000 1-25 Access Rd. Carr. Co. 4 cyd 1 1 x month Tyler Hose - 380-0608 on site Museum 200 Mathews St 3cyd 1 1 52 Museum of Discovery 408 Mason Ct. 3cyd 1 2 52 Nix Farmhouse 1745 Hoffman Mill Rd 30cyd (Roll- off)compactor 1 on call (est 1X/month) 52 Northside Aztlan Community Center 112 E Willow Mon and Fri 3cyd 2 2 52 Office Bldg (City Bldg) 215 N Mason 3cyd 1 3 52 Operation Services 300 Laporte Ave (east complex) 3cy 1 1 52 Parking Garage 102 Remington 4cyd 1 2 52 Parks Shop 413 Bryan 30cyd (Roll-off) 1 on call (est 1X/month) 52 30cyd compactor 1 on call (est 7X/year) 52 Park Shop @ Spring Canyon 3156 Overland Trail 30 cyd roll off 1 on call PFA Station 1 505 Peterson St 3cyd 1 on call 52 PFA Station 2 415 S Bryan St 2cyd 1 on call 52 PFA Station #3 2000 Mathews St 2cyd 1 3 PFA Station 4 1945 W Drake Rd 2cyd 1 on call 52 PFA Station 5 615 Hogan Dr 3cyd 1 on call 52 PFA Station 6 2511 Donella Ct 3cyd 1 on call 52 PFA Station 7 2817 N Overland Trail 2cyd 1 on call 52 PFA Station 8 4104 Main St, Timnath 96 gal cart 1 on call 52 PFA Station 9 Shoreline Dr. Larimer County 2 cyd 1 on call 52 PFA Training 3400 W Vine 3cyd 2 1 52 PFA Station 10 2067 Vermont Drive 2cyd 1 on call 52 PFA Station 12 321 E Country Club Rd 2cyd 1 on call 52 PFA Station 14 2109 Westchase Rd 2 cyd 1 on call 52 281 N. CollegePlans/Parks/Eng 281 N College 3cyd 1 2 52 Police Services 2221 S Timberline Rd 6cyd 1 2 52 Primrose Studio 4300 W County Rd 50 (Michaud Lane) 30cyd (Roll-off) 1 on call (est 1X/yr) 52 Main Library 201 Peterson St 3cyd 1 2 52 Rolland Moore Park 2201 S Shields 6cyd 1 3 28 (April - Oct) 6cyd 1 on call (est Services Agreement 8093 Waste Stream Management Services Page 9 of 29 Southridge Golf Maintenance 5790 S Lemay 6cyd 1 1 52 Spring Park E Stuart & Busch Ct 6cyd 1 1 28 (April - Oct) 1 on call Nov-Mar Streets 625 9th Street 20 cyd (Roll-off) 1 on call (est 1X/month) 52 3cyd 2 2 52 6cyd 1 1 Traffic Operations 626 Linden St 3cyd 1 1 52 96gal 1 1 Trailer, Construction 1809 Longworth Rd 3cyd 1 1 52 Transfort 6570 Portner Rd 6cyd 1 2 52 Udall Natural Area Willow & E Lincoln 20 cyd (Roll-off) 1 on call (est 3X/yr) 52 Utilities Water Crew Bld A 700 Wood St 4cyd 1 2 52 Utilities -Bld C Light & Power 700 Wood St 30cyd 1 on call (est 1X/month) 52 Utilities - Water Meter Bld D 700 Wood St 4cyd 1 1 52 Vehicle Storage 701 Wood Street 4cyd 1 1 52 Vehicle - Dewatering Boxes 701 Wood Street 20 cyd (Roll-off) 1 on call (est 9X/yr) 52 Warehouse 518 N Loomis Ave 4cyd 1 1 52 Warren Park 1101 E Horsetooth 6cyd 1 2 April- Oct Warren Park 1101 E Horsetooth 6cyd 1 on call (est 1X/month) 24 (Nov - March) Water Reclamation 3036 Environmental Dr 2cyd 5 7 52 Water Reclamation 3036 Environmental Dr 30cyd 1 on call (est 1X/month) 52 3036 Environmental Dr 4 cyd 1 on call (est 1X/month) 52 Water Rec Mulberry Plant 918 E. Mulberry St. 2 cyd 1 6 52 Water Pollution Lab 3036 Environmental Dr 2 cyd 1 on call 52 Water Treatment Plant 4316 W. Laporte 3cyd 2 1 52 Water Treatment Plant 4316 W. Laporte 2cyd 2 1 Water Quality Lab 4316 W. Laporte 2cyd 1 1 52 Webster House Lib Admin 301 E. Olive 3cyd 1 1 52 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 10 of 29 EXHIBIT B RECYCLING LOCATIONS Recycling Collection Location Address Container Size Bin Qty Frequency (weekly) Archery Range 2825 Frontage Rd SW 96 gal cart 1 on call Avery House 108 N Meldrum 96 gal cart 1 every other week City Hall Complex 300 Laporte Ave (west complex) 3 cyd 1 1 Shredding on call (est 1X/month) City Park Nine 411 Bryan St 2cyd 1 1 Apr-Oct 2cyd 1 On Call Nov- Mar City Park - Parks Shop 413 Bryan St 3 cyd 3 1 City Park Pottery 1541 W Oak 96 gal cart 1 EOW Club Tico 1599 City Park Dr (next to Trash enc) 6 cyd 1 1 x a month (Nov-Apr) 1599 City Park Dr (next to Trash enc) 6 cyd 1 2 x a week (May-Sept) Crushing Facility 1380 Hoffman Mill Rd 96 gal cart 1 on call (est 1X/month) Customer Service (Utilities) 117 N Mason 3 cyd 1 2 Shredding on call (est 1X/month) Downtown Parks Maintenance Shop 220 N Howes, N side of alley 96 gal cart 4 1 EPIC 1801 Riverside Ave 3cyd 1 2 Edora Park West Parking Lot-Ballfields 3 cyd 1 on call (Apr- Oct) Equipment (Fleet Shop) 835 Wood St 8cyd 1 1 Fleet Annex 906 W Vine 96 gal cart, Aerosol cans 2 every other week 2cy 1 once a month Gardens on Spring Creek 2145 S Centre Ave 3cyd 1 EOW Grandview Cemetary Shop 1900 W Grandview 96 gal cart 1 EOW Library Tech Annex 256 Mountain 3cyd 1 1 96 gal cart 2 1 Lincoln Center 417 W Magnolia St 3 cyd 2 2 Martinez Farm 600 N Sherwood, N of dumpster 2cyd 1 on call (est 1X/month) Museum of Discovery 408 Mason Ct 3 cyd 1 1 Services Agreement 8093 Waste Stream Management Services Page 11 of 29 Office Bldg (City Bldg) 215 N Mason 3 cyd 1 2 Shredding on call (est 1X/month) Operation Services 300 Laporte Ave (east complex) 2cyd 1 1 Park Shop (@ Fossil Creek Park) 5833 S Lemay 3 cyd 2 1 Spring Canyon Community Park 3156 Overland Trail 3 cyd 2 every other week (May- 3 cyd 2 1 x a month (Sept-Apr) PFA Administration 102 Remington 96 gal cart 1 1 PFA Station 1 505 Peterson St 2cyd 1 on call PFA Station 2 415 S Bryan St 96 gal can 1 on call PFA Station 3 2000 Mathews St 96 gal cart 1 on call PFA Station 4 1945 W Drake Rd 96 gal cart 1 on call PFA Station 5 615 Hogan Dr 96 gal cart 1 on call PFA Station 6 2511 Donella Ct 96 gal cart 1 on call PFA Station 7 2817 N Overland Trail 96 gal cart 1 on call PFA Training 3400 W Vine 3cyd 1 on call PFA Station 8 4104 Main St Timnath 96 gal cart 1 on call PFA Station 9 Shoreline Dr Larimer County 96 gal cart 1 on call PFA Station 10 2067 Vermont Drive 96 gal cart 1 on call PFA Station 12 321 E Country Club Rd 96 gal cart 1 on call PFA Station 13 3400 W Vine 96 gal cart 1 on call PFA Station 14 2109 Westchase Rd 96 gal cart 1 on call Plans/Parks/Eng 281 N College 3 cyd 1 2 Police Services 2221 S Timberline Rd 3 cyd 1 3 Shredding on call (est 1X/month) Public Library (Main) 201 Peterson St 3 cyd 1 1 Roselawn Cemetary 2718 E Mulberry 96 gal cart 1 once a month Senior Center-Northeast area 1200 Raintree Dr 3cyd 1 2 Senior Center-Southwest area 1200 Raintree Dr 3cyd 1 1 Southridge Golf 5750 S Lemay 3cyd 2 2 x a week (May-Aug) Southridge Golf 5750 S Lemay 3cyd 2 1 x a week (Sept-Apr) Southridge Golf Maintenance 5750 S Lemay 6cyd 1 every other week Streets 625 9th Street 8cyd 1 2 Traffic Operations 626 Linden St 6cyd 1 once a month DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 12 of 29 96 gal cart 1 every other week Transfort 6570 Portner Rd 3cyd (next to trash) 1 every other week 96 gal cart 1 once a month Transit Center 250 N Mason (uses 281 N. College trash enclosure) South Transit Center Fossil Blvd 2cyd 1 1 Utilities Water Crew Bld A 700 Wood St- on dock 8cyd 1 2 Utilities - Water Meter Bld D 700 Wood St -N Fence 3cyd 1 every other week 2 cyd, Aerosol cans 2 every other week Vehicle Storage 701 Wood Street 3cyd 1 every other week Warehouse 518 N Loomis Ave 3cyd 1 on call Water Quality Lab (at WTF) 4316 W Laporte (next to Trash) 2cyd 1 every other week Water Treatment Facility Plant 4316 W Laporte (NE side of bldg, near shed by the shop) 3cyd 2 1 WWT#2 (Wastewater Plant) 3036 Environmental Dr 4 cyd 1 on call Pollution Control Lab 3036 Environmental Dr 2 cyd 1 on call Webster House Admin Center 301 E. Olive St. 3cyd 1 1 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 13 of 29 EXHIBIT C COMPENSATION Trash Cost Matrix, 2015 (6/1/15-12/31/15) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.74 * $3.34 * $5.80 * 2 YD $5.93 $11.38 $19.77 3 YD $8.89 $17.05 $29.64 4 YD $11.85 $22.74 $39.50 6 YD $17.78 $34.12 $59.28 8 YD $23.70 $45.48 $79.00 15 YD (Wastewater Plant) $370.00 Trash 20 YD Open Top $185.00 * Trash or Recycle 30 YD Open Top $225.00 * Trash or Recycle 34 YD Compactor 40 YD Compactor $296.00 $299.27 Compactor Compactor Source: 2014 x 12.1% *Price reflects Waste Management’s Waste Stream Management Services RFP 8093 proposal submitted April 29, 2015 Recycle Cost Matrix, 2015 (6/1/15-12/31/15) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.68 * $3.21* $5.59* 2 YD $6.09 $11.69 $20.30 3 YD $9.14 $17.54 $30.47 4 YD $12.19 $23.39 $40.64 6 YD $18.28 $35.08 $60.95 8 YD $24.37 $46.77 $81.25 Rolloff $130.00 * Shredding $0.36/lb. (Either On-Site or Off-Site) Source: 2014 x 12.1% *Price reflects Waste Management’s Waste Stream Management Services RFP 8093 proposal submitted April 29, 2015 Trash Cost Matrix, 2016 (1/1/16-12/31/16) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.74 $3.34 $5.80 2 YD $6.96 $13.35 $23.21 3 YD $10.44 $20.02 $34.81 4 YD $13.93 $26.69 $46.42 6 YD $20.89 $40.04 $69.63 8 YD $27.85 $53.38 $92.84 15 YD (Wastewater Plant) $370.00 Trash 20 YD Open Top $185.00 Trash or Recycle 30 YD Open Top $225.00 Trash or Recycle 34 YD Compactor 40 YD Compactor $296.00 $370.00 Compactor Compactor Source: Waste Stream Management Service RFP 8093 proposal submitted April 29, 2015 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 14 of 29 Recycle Cost Matrix, 2016 (1/1/16-12/31/16) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.68 $3.21 $5.59 2 YD $6.70 $12.85 $22.34 3 YD $10.05 $19.27 $33.51 4 YD $13.41 $25.69 $44.69 6 YD $20.11 $38.54 $67.03 8 YD $26.81 $51.39 $89.37 Rolloff $130.00 Shredding $0.39/lb. (Either On-Site or Off-Site) Source: Waste Stream Management Service RFP 8093 proposal submitted April 29, 2015 Trash Cost Matrix, 2017 (1/1/17-12/31/17) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.78 $3.42 $5.93 2 YD $7.10 $13.62 $23.67 3 YD $10.65 $20.44 $35.57 4 YD $14.20 $27.25 $47.34 6 YD $21.30 $40.87 $71.00 8 YD $28.40 $54.50 $94.68 15 YD (Wastewater Plant) $377.40 Trash 20 YD Open Top $188.70 Trash or Recycle 30 YD Open Top $229.50 Trash or Recycle 34 YD Compactor 40 YD Compactor $302.00 $377.40 Compactor Compactor Source: 2016 rate x 2% Recycle Cost Matrix, 2017 (1/1/17-12/31/17) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.71 $3.28 $5.70 2 YD $6.83 $13.10 $22.77 3 YD $10.25 $19.67 $34.17 4 YD $13.68 $26.25 $45.60 6 YD $20.51 $39.35 $68.38 8 YD $27.35 $52.48 $91.18 Rolloff $132.60 Shredding $0.40/lb. (Either On-Site or Off-Site) Source: 2016 rate x 2% DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 15 of 29 Trash Cost Matrix, 2018 (1/1/18-12/31/18) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.82 $3.49 $6.07 2 YD $7.24 $13.89 $24.14 3 YD $10.86 $20.84 $36.20 4 YD $14.48 $27.79 $48.28 6 YD $21.72 $41.68 $72.40 8 YD $28.97 $55.59 $96.60 15 YD (Wastewater Plant) $384.95 Trash 20 YD Open Top $192.47 Trash or Recycle 30 YD Open Top $234.10 Trash or Recycle 34 YD Compactor 40 YD Compactor $308.00 $384.95 Compactor Compactor Source: 2017 rate x 2% Recycle Cost Matrix, 2018 (1/1/18-12/31/18) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.74 $3.34 $5.80 2 YD $6.97 $13.38 $23.24 3 YD $10.45 $20.05 $34.84 4 YD $13.95 $26.77 $46.50 6 YD $20.92 $40.15 $69.74 8 YD $27.90 $53.54 $93.00 Rolloff $135.25 Shredding $0.41/lb. (Either On-Site or Off-Site) Source: 2017 rate x 2% Trash Cost Matrix, 2019 (1/1/19-12/31/19) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.86 $3.57 $6.20 2 YD $7.38 $14.16 $24.60 3 YD $11.08 $21.26 $36.94 4 YD $14.77 $28.34 $49.24 6 YD $22.15 $42.50 $73.85 8 YD $29.55 $56.70 $98.52 15 YD (Wastewater Plant) $392.65 Trash 20 YD Open Top $196.32 Trash or Recycle 30 YD Open Top $238.78 Trash or Recycle 34 YD Compactor 40 YD Compactor $314.16 $392.65 Compactor Compactor Source: 2018 rate x 2% DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 16 of 29 Recycle Cost Matrix, 2019 (1/1/19-12/31/19) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.77 $3.40 $5.80 2 YD $7.10 $13.62 $23.24 3 YD $10.66 $20.46 $34.84 4 YD $14.23 $27.30 $46.50 6 YD $21.34 $40.95 $69.74 8 YD $28.46 $54.61 $93.00 Rolloff $137.95 Shredding $0.42/lb. (Either On-Site or Off-Site) Source: 2018 rate x 2% Trash Cost Matrix, 2020 (1/1/20-5/31/20) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.90 $3.65 $6.33 2 YD $7.53 $14.45 $25.10 3 YD $11.30 $21.68 $37.67 4 YD $15.07 $28.92 $50.24 6 YD $22.59 $43.35 $75.32 8 YD $30.14 $57.84 $100.50 15 YD (Wastewater Plant) $400.50 Trash 20 YD Open Top $200.25 Trash or Recycle 30 YD Open Top $243.56 Trash or Recycle 34 YD Compactor 40 YD Compactor $320.44 $400.50 Compactor Compactor Source: 2019 rate x 2% Recycle Cost Matrix, 2020 (1/1/20-5/31/20) Size On Call/each service EOW-Monthly Rate 1x/week-Monthly Rate 96 Gal $1.80 $3.45 $6.00 2 YD $7.24 $13.89 $24.14 3 YD $10.87 $20.95 $36.24 4 YD $14.51 $27.84 $48.38 6 YD $21.77 $41.78 $72.58 8 YD $29.03 $55.71 $96.79 Rolloff $140.71 Shredding $0.43/lb. (Either On-Site or Off-Site) Source: 2019 rate x 2% DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 17 of 29 EXHIBIT D SCOPE OF 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. 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, as contracted by this procurement, and to meet future needs (see Exhibits A and B).  Service Provider shall procure all licenses, pay all charges and fees, and give all notices necessary and incidental to the lawful fulfillment of the services to be provided.  Service Provider shall provide all scales equipment and/or pay costs for measuring and reporting material by weight as required by the City (see sections 8 & 9).  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. The City shall designate a Contract Administrator who will fulfill the same function on behalf of the City. DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 18 of 29  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 every six weeks 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. Service Provider will provide minutes of these meetings to the City’s Contract Administrator; to include any action items identified in the meeting, who is assigned responsibility for it, and anticipated date of the item’s completion. During these meetings, Service Provider’s SPOC will provide updates of any new recyclables opportunities the Service Provider has to offer. 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. DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 19 of 29  Service Provider must have valid documents for all workers through Homeland Security, Immigration and Custom Enforcement (ICE).  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 suitably repair or replace any malodorous, vandalized or damaged containers. Corrective action is to be taken to remedy the situation within one (1) week.  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.  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 yellow 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 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 20 of 29 is not limited to: “Dumpsters”, cardboard cages, poly-carts or compacting recycling bins as approved by the City.  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.  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. A. See Appendix 1 for list of Recycling containers that as of the date of the Agreement do not yet have yellow lids. Retrofit or replacement of these containers with yellow lids is to be completed by not later than October 1, 2015. 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 ).  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.  The City requires the Service Provider to collect confidential documents for destruction and recycling. Shredding security is maintained through the use of locked containers at the point of collection and maintained in locked storage containers through final processing and destruction. DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 21 of 29  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, processing 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. Service Provider shall provide to the City annually an average weight per yard for Fort Collins for trash and recycle, in order to verify that an accurate conversion factor was generated by the contractor. Such annual report shall be provided to the City’s designated representative by January 30th of each year. 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 representative. 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 no later than the fifteenth (15th) of the month (for the preceding month’s data). The Exceptions Report shall list, 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.  All payments will be made by the City on a Net 30 days basis from the date of the invoice.  The City reserves the right to withhold payment for missed or skipped pickups.  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. 9. Resource Management Services:  Service Provider shall generate and submit by the 15th of each month as required a report to the City Contract Administrator whenever the following conditions are encountered. Corrective action is to be taken to remedy the situation within one (1) week from the date the condition is identified: o Broken or tagged bins. DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 22 of 29 o Missed pickups. If these are caused by a condition onsite such as snow & ice buildup or blocked access, a photo of the condition is to be included with the report to the City Contract Administrator. o Overflowing or underutilized bins: One-time issues will not be reported. If the condition recurs on a consistent basis, a photo of the condition is to be included with the report to the City Contract Administrator.  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 prepare a summary report detailing observations, recommendations and opportunities for improvement on an annual basis. Such report shall be submitted to the Contract Administrator by January 30th of each year.  Service Provider shall identify any sorting and contamination issues and provide prompt feedback to the City on reported contamination issues, by department and/or location, to the Contract Administrator.  Service Provider shall 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.  Audits: At least two (2) on-site audits of trash and recycling will be performed each year of the Agreement by the Service Provider, at a site to be selected by the City’s Project Manager, per the protocol for Audits provided by the City (see Appendix 2).  Training: The Service Provider shall provide training on sustainability practices as reasonably requested by the City. 10. Additional Information:  The City is awarding a renewable contract, with option to renew for up to four times (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.  The Initial Term of the contract shall be from June 1, 2015 to December 31, 2016. There are two tiers of pricing that shall apply during the Initial Term of the contract:  June 1, 2015 – December 31, 2015: See Exhibit C.1 (previous contract +12.1%)  January 1, 2016 – December 31, 2016: See Exhibit C.2 (pricing submitted in Waste Management proposal to RFP 8093 Waste Stream Management Services dated April 29, 2015)  During the Initial Term; the City is suspending the Early Termination by City clause of the Services Agreement. It will be reinstated if the contract is renewed from January 1, 2017, going forward.  If the contract is renewed from January 1, 2017 going forward; the following annual rate adjustments shall apply: DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 23 of 29 1. 1/1/17-12/31/17: +2.0%: See Exhibit C.3 2. 1/1/18-12/31/18: +2.0%: See Exhibit C.4 3. 1/1/19-12/31/19: +2.0%: See Exhibit C.5 4. 1/1/20-5/31/20: +2.0%: See Exhibit C.6 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 24 of 29 EXHIBIT E 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, 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. DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 No new insurance required Services Agreement 8093 Waste Stream Management Services Page 25 of 29 EXHIBIT F 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. DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Services Agreement 8093 Waste Stream Management Services Page 26 of 29 APPENDIX 1 RECYCLING BIN LOCATIONS NEEDING YELLOW LIDS WM # Collection Location Address Container Size Bin Qty Notes 855-934633 Archery Range 2825 Frontage Rd SW Trash 3yd 1 Recycle 96 gal cart 1 Trash 96 gal cart 1 Recycle 3cyd 1 Found bins on North side of building by 321 Maple St Recycle Shredding 4 Trash 2cyd 1 Recycle 2cyd 1 Trash 3cyd 1 855-340171 City Park Ballfield 211 S Bryan Ave Trash 6cyd 1 855-371514 City Park Picnic Area Bryan Ave and Oak St Trash 6cyd 1 855-1000319 City Parks Shop 413 S Bryan Ave Recycle 3 cyd 2 Recycle 96 gal cart 1 Trash 6cyd 1 Recycle 6 cyd 1 Trash 6 cyd 1 Recycle 3 cyd 1 Trash 3 cyd 2 Recycle 96 gal cart 1 Trash 2cyd 1 Recycle 3 cyd 1 Trash 2cyd 1 Recycle 96 gal cart 4 Trash 3cyd 2 855-929559 Downtown Restrooms 123 E Oak St Trash 3cyd 1 Recycle 3cyd 1 Trash 8cyd 1 Trash 3cyd 1 Recycle 3 cyd 1 Trash 6cyd 1 Recycle 8cyd 1 Trash 4cyd 1 855-916808 Equipment (Fleet Shop) 835 Wood St Roll-Off 30yd 1 Recycle 2yd 1 Trash 4cyd 1 Recycle 3 cyd 1 trash 2cyd needs to be replaced and Services Agreement 8093 Waste Stream Management Services Page 27 of 29 Recycle 2cyd 1 Trash 4cyd 1 855-337391 Martinez Park 599 N Sherwood St Trash 6cyd 1 855-1000558 Meadow Springs Ranch 62000 I-25 Access Rd Trash 4cyd 1 Recycle 3cyd 1 Trash 3cyd 1 Recycle 3cyd 1 Recycle 4cyd 1 not onsite anymore Trash 6cyd 1 Trash 3cyd 1 855-1000563 Nix Farmhouse 1745 Hoffman Mill Rd Recycle 6 cyd 1 Recycle 3 cyd 1 Trash 3cyd 2 Recycle 3cyd 1 Recycle Shredding Trash 3cyd 1 Recycle 2cyd 1 Trash 3cyd 1 855-1000576 Park Shop (@ Fossil Creek Park) 5833 S Lemay Ave Recycle 3cyd 2 855-1000577 Park Shop @ Spring Canyon Park 3156 S Overland Trl Recycle 3cyd 2 855-339599 Parking Garage 102 Remington St Trash 4cyd 1 Recycle 96gal cart 1 Trash 3cyd 1 Recycle 96gal cart 1 Trash 2cyd 1 855-336328 PFA Station 3 2000 Mathews St Recycle 96 gal cart 1 Recycle 96 gal cart 1 Trash 2cyd 1 Recycle 96 gal cart 1 Trash 3cyd 1 96 gal cart 2 Recycle 96 gal cart 2 Trash 3cyd 1 Recycle 96 gal cart 1 Trash 2cyd 1 Recycle 96 gal cart 1 Trash 96 gal cart 1 Recycle 96 gal cart 1 Trash 2cyd 1 Recycle 3cyd 1 Trash 3cyd 2 Recycle 96 gal cart 1 Trash 2cyd 1 Recycle 96 gal cart 1 Trash 2cyd 1 Recycle 96 gal cart 1 Trash 2cyd 1 Recycle 3cyd 1 Services Agreement 8093 Waste Stream Management Services Page 28 of 29 Trash 6cyd 1 Recycle 6 cyd 1 Trash 6yd 1 Recycle 96 gal cart 1 Recycle 3cyd 1 Recycle 3cyd 1 Trash 3cyd 1 Trash 3cyd 1 Recycle 8cyd 1 Trash 6cyd 1 Trash 3cyd 2 Recycle 3cyd 2 Trash 6cyd 1 Recycle 6cyd 1 Trash 6cyd 1 855-340236 Spring Park Stuart St and Busch Ct Trash 6cyd 1 Recycle 6cyd 1 Trash Toter 1 Trash 3cyd 1 Recycle 3cyd 1 Trash 6cyd 1 Recycle 8cyd 1 currently no lid on bin due to location Trash 4cyd 1 Recycle 3cyd 1 Recycle 2yd 1 Trash 4cyd 1 855-519449 Utilties - Light and Power 700 Wood St Trash 6cyd 1 Recycle 3cyd 1 Trash 4cyd 1 Recycle 3cyd 1 Needs new bin (wheels not working) Trash 4cyd 1 855-371522 Warren Park 1100 E Horsetooth Rd Trash 6cyd 1 Recycle 2cyd 1 Trash 2cyd 1 Recycle 3cyd 2 3cyd on east side of furthest building doesn't get used except seasonally. Needs to get set up for on-call Trash 3cyd 2 Trash 2cyd 2 Recycle 2cyd 1 Trash 2cyd 1 Recycle 4cyd 1 Trash 4cyd 1 855-330834 Water Reclamation Process 3036 Environmental Dr Trash 2cyd 5 855-339645 Water Reclamation Mulberry Plant 918 E. Mulberry St Trash 2cyd 1 Recycle 3cyd 1 Services Agreement 8093 Waste Stream Management Services Page 29 of 29 APPENDIX 2 PROPOSED PROTOCOL FOR AUDITS OF CITY OF FORT COLLINS (MUNICIPAL) WASTE STREAM The City of Fort Collins aspires to be the leader in the community in moving towards Zero Waste through its own initiatives in waste reduction and recycling. Auditing - in other words, evaluating the contents of trash collection containers and recycling bins - provides an understanding of the organization's current waste composition, reduction opportunities and employee training gaps. The City will work with its contracted vendor to implement audits using the following specifications: 1. Schedule trash or recycling audits of two individual municipal buildings per year  Locations to be agreed upon in advance between City and vendor.  Vendor will be responsible for carrying out audits but will keep the City informed in the event City employees are available to participate. 2. Trash audits will be used to determine how much recyclable material is being inappropriately discarded. 3. Recycling audits will be used to determine how much foreign material is being inappropriately placed in recycling bins, which creates "contamination" that reduces the value of the recyclables. 4. The following categories of materials found during audits will be evaluated:  recyclables  compostables  high volume hard-to-recycle items  trash 5. Containers will be emptied onto tarps laid on the ground for the purpose.  contents may need to be manually spread out for better evaluation  contents will be quantified with verbal descriptions and general percentages of the overall sample  digital photos will be taken to aid with reporting and assessment  upon completion of audit, all materials/trash will be replaced in original containers for collection on the next scheduled pick-up date 6. A final report will be submitted within two weeks after the audit by the vendor, including pictures of each category of waste found in the trash/recycling container, and recommendations on how to increase the waste diversion of the facility that was audited. DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Trash 3cyd 1 Recycle 96 gal cart 1 Trash 3cyd 1 Trash 3cyd 1 Recycle 2cyd 1 Recycle 96 gal cart 1 Color Coding: Yellow Lids Need Yellow Lids Issue 855-1000557 855-1023800 South Transit Center 4915 Fossil Blvd 855-1006811 Webster House Adm Center 301 E. Olive St 855-1000723 Water Pollution Lab 3036 Environmental Dr. 3036 Environmental Dr. Water Reclamation 855-927596 4316 W Laporte Ave (NE side of bldg. near shed by the shop) Roselawn Cemetary 2718 E Mulberry St Senior Center 5750 S. Lemay Ave. Rolland Moore Park 2201 S Shields St 1200 Raintree Dr Southridge Golf Clubhouse 855-339882 4316 W Laporte Ave (next to Trash ) 855-339572 855-922007 626 Linden St Transfort Utilities Water Crew Bld A 855-339785 Streets Traffic Operations 5090 S. Lemay Ave Southridge Maintenance Water Quality Lab Warehouse 855-941283 855-339777 Youth Activity Center 701 Wood St 518 N Loomis St 855-914234 415 E Monroe Dr 6570 Portner Dr 855-328791 855-1001088 855-983620 Water Treatment Plant Vehicle Storage 700 Wood St -Recycle at N. Fence Utilities - Water Meter Bld D 700 Wood St- Recycle at dock 855-340201 855-354652 855-341119 625 9th St 855-501728 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Trash 3cyd 1 Recycle 3cyd 1 Trash 6cyd 1 Recycle 3cyd 1 Trash 3cyd 1 855-334848 PFADr Station 5 4615 Hogan 855-859169 855-497836 855-330036 2221 S Timberline Rd 321 E Country Club Rd 855-337332 PFA Station 7 855-771067 2067 Vermont Dr 4914 Shoreline Dr, Larimer County Police Services PFA Station 6 PFA Station 10 PFA Station 9 PFA Training 4104 Main St, Timnath 855-339564 Plans/Parks/Eng 855-Rd998476 1945 W Drake Northside Aztlan Community Center Office Bldg Main Library 855-335771 855-339556 2109 Westchase Rd 855-336719 201 Peterson St 281 N College Ave 2817 N Overland Trail PFA Station 8 3400 W Vine Dr PFA Station 4 Operation Services 505 Peterson St 855-339653 415 S Bryan Ave 855-1000614 PFA Station 14 855-983268 855-924414 855-539873 600 N Sherwood St-N of dumpster Martinez Farm 855-1007120 Museum of Discovery 408 Mason Ct. 112 E Willow St 215 N Mason St 300 Laporte Ave (east complex) 855-912412 PFA Station 1 2511 Donella Ct PFA Station 2 855-333884 PFA Station 12 855-901121 MuseumSt 200 Mathews 855-337383 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 doors to trash enclosure need repair Trash 2cyd 1 855-918925 Gateway Park 5216 Poudre Canyon Dr Trash 3cyd 2 855-911665 Greenbriar Park 730 E Willox Ln Trash 3cyd 1 855-1000320 Grandview Cemetary Shop 1900 W Grandview Ave Recycle 96 gal cart 1 Recycle 3cyd 1 Trash 2cyd 1 Recycle 3cyd 2 Trash 3cyd 1 855-336433 Marksmen Range 2554 Midpoint Dr Trash 3cyd 1 Library Tech Annex/112 N. Howes FleetDr Annex 906 W Vine Lincoln Center 855-984150 855-1000564 855-340244 2145 S Centre Ave Equipment (Fleet Shop) Edora Park 855-339718 855-994377 855-610292 Customer Service (Utilities)/200 Mt. 1380 Hoffman Mill Rd 855-927862 835 Wood St 417 W Magnolia St 256 W Mountain Ave- N. side against bldg. Gardens on Spring Creek 855-998811 855-340252 855-339874 City Park Nine 1541 W Oak-South West door 855-339688 1420 E Stuart St - West Parking Lot-Ballfields AverySt House 108 N Meldrum 300 Laporte Ave (west complex on North side of building) Club Tico 1441 E Horsetooth Rd City Hall City Park Pottery 411 S Bryan Ave 220 N Howes St - N side off alley 117 N Mason St 855-339807 855-339629 Downtown Maintenance Shop 1599 City Park Ave Crushing Facility 855-340163 855-928146 855-337235 Collindale Golf Restaurant EPIC 1801 Riverside Ave DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 Museum 200 Mathews St 3 cyd 1 1 Nix Farmhouse 1745 Hoffman Mill Rd 6cyd 1 once a month Northside Aztlan Community Center 112 E Willow 3 cyd 1 2 DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 1X/month) 24 (Nov - March) Roselawn Cemetary 2718 E. Mulberry St 6yd 1 on call (est 1X/month) 52 Senior Center - south area 1200 Raintree Dr 3cyd 1 4 52 Senior Center - north area 1200 Raintree Dr 3cyd 1 1 52 Southridge Golf 5750 S. Lemay 6cyd 1 1 (Apr-Sept) 6cyd 1 1 (Oct-Mar) DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2 4X/yr) 52 Gardens on Spring Creek 2145 S Centre Ave 2cyd 1 1 52 Gateway Natural Areas 5216 Poudre Canyon Hwy 3cyd 1 1 Apr-Sept 1x month Oct- Mar Greenbriar Park 730 Willox Lane 3cyd 1 on call (est 1X/month) Sept - Apr 1 1 May- Aug Library Tech Annex 256 Mountain 2cyd 1 1 52 Lincoln Center 417 W Magnolia St 3cyd 1 4 52 Marksmen Range 2554 Midpoint Dr 3cyd 1 EOW 52 Martinez Park N Sherwood 6cyd 1 3 Apr-Oct DocuSign Envelope ID: B9A86828-7EFC-432D-A4EC-5D4DF4DFBDD2