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HomeMy WebLinkAboutRFP - 8103 UNIVERSAL RECYLCING ORDINANCE DEVELOPMENT CONSULTING (2)RFP 8103 Universal Recycling Ordinance Development Consulting Page 1 of 19 REQUEST FOR PROPOSAL 8103 UNIVERSAL RECYCLING ORDINANCE DEVELOPMENT CONSULTING The City of Fort Collins is requesting proposals from qualified firms to help the City evaluate potential aspects to a Universal Recycling Ordinance. 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 24, 2015 and referenced as Proposal No. 8103. 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, Caroline Mitchell at (970) 221-6288 or cmitchell@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 Caroline Mitchell , with a copy to Ed Bonnette, no later than 5:00 PM our clock on April 10, 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 Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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 8103 Universal Recycling Ordinance Development Consulting Page 2 of 19 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 8103 Universal Recycling Ordinance Development Consulting Page 3 of 19 8103 UNIVERSAL RECYCLING ORDINANCE DEVELOPMENT CONSULTING Introduction In Fort Collins, trash and recycling services are provided by the private sector in a competitive open market system. The City regulates trash and recycling haulers through licensing requirements. In 1995, Fort Collins passed a Pay-As-You-Throw (PAYT) ordinance that has been instrumental in incentivizing and growing recycling in the community; licensed haulers must comply with the PAYT ordinance by charging volume-based pricing for trash services and providing curbside recycling at no extra charge for single-family residential customers. The ordinance establishes a 100% price differential between trash bin sizes (32, 64, or 96-gallon trash carts); private sector haulers, however, set their own rates within that framework. Additionally, the ordinance does not allow private haulers to charge additional fees such as environmental fees or fuel surcharges. Trash collection is provided weekly for single family homes and single stream recycling service is typically provided every other week to residents. Tip fees at local landfills are ~$18 / ton. The local materials recovery facility recently updated the contract with their service provider and has recently gone from an $18/ton rebate for single- stream recyclables (December 2014) to a $34/ton tip fee for recyclables in April 2015. The community diversion rate for Fort Collins (2013) of 64.5% is based on all residential, commercial, multifamily and industrial sources. The 2013 MSW diversion rate (excluding industrial materials) was 43.3%. Citizens and elected representatives in Fort Collins have consistently expressed support for strong programs and measures that divert more materials from landfill disposal. In 2013, the City worked closely with the community to develop a roadmap to achieve greater waste diversion, resulting in the Road to Zero Waste Plan and a City Council-adopted goal of diverting 75% of the community’s waste (based on the community diversion rate, which includes industrial materials) from the landfill by 2020, 90% by 2025, and zero waste by 2030. A significant strategy in the Road to Zero Waste is an update to Fort Collins’ PAYT ordinance and consideration of amendments that could expand it into a Universal Recycling Ordinance (URO). The purpose of this Request for Proposals is to select and hire an experienced and knowledgeable consulting firm to support staff in developing this URO. Fort Collins may hire additional consulting for regional waste reduction and recycling work in late 2015 or early 2016. Therefore, the consulting firm selected for the URO project will be awarded a Professional Services Agreement that could possibly be amended to include additional projects within the next year. Information Available Fort Collins’ 155,400 residents and its businesses are served by at least 12 private, licensed trash/recycling collection companies that deliver to the Larimer County Landfill as well as private landfills located outside the county. Information about trash and recycling volumes is documented by collection companies in mandatory reports to the City of Fort Collins, then aggregated in City staff reports available for use in this planning process. A waste stream study completed in 2012 and the Road to Zero Waste Plan (2013) can be found on the City’s website at fcgov.com/recycling/reports. Chapter 15 of the Municipal Code containing Fort Collins’ PAYT ordinance can be found at fcgov.com/recycling/ordinances.php. 1. Project Overview Fort Collins seeks the consulting services of a qualified company to help the City evaluate four potential aspects to a Universal Recycling Ordinance: RFP 8103 Universal Recycling Ordinance Development Consulting Page 4 of 19 1) changes to the PAYT service requirements to continue to incentivize waste diversion without placing all costs on trash collection, and which may allow haulers to recover more of the costs inherent in collecting recyclable or compostable materials 2) inclusion of commercial and multi-family entities in the PAYT ordinance or creation of a separate section of the PAYT ordinance that creates service requirements that incentivize waste diversion for these sectors 3) addition of curbside yard debris collection as an option that trash haulers must offer to single-family home residents 4) inclusion of a fee on trash haulers’ bills to be passed through to the City to fund zero waste projects The City will conduct extensive community outreach throughout this project. The selected consultant will assist staff in soliciting and responding to community input, and will use community input to form final recommendations on the URO. Consulting firms that are experienced in evaluating waste reduction and recycling systems, have demonstrated success at working with a diverse set of stakeholders to develop outcomes, and are knowledgeable about innovations being implemented in other communities are invited to respond to this Request for Proposals. 2. Project Schedule Optimal Schedule  Early-mid May – complete selection process, award contract, conduct kick-off meeting / conference call  May / June – consultant will conduct research and start analysis  By June 16: consultant will provide research findings and initial recommendations to City staff  June 16-23: consultant will work with City staff to identify top recommendations  By July 10: consultant will provide deeper analysis and create metrics for top recommendations  June - August – ongoing public outreach and involvement  Early September – consultant will submit draft report, to be reviewed / edited by City staff  September 18 – final draft report/recommendations that reflects editing suggestions from City staff will be submitted by the consultant, for distribution to City Council in preparation for a Council work session*  October/November– first and second reading of amendments to PAYT ordinance* *timing of topic going before City Council is subject to change 3. Scope of Work Consultants are invited to submit proposals for delivering the following services, detailed below: Task 1 - Research RFP 8103 Universal Recycling Ordinance Development Consulting Page 5 of 19 Consultants will research and collect information about communities in the U.S. (minimum 15-20) that have waste reduction/diversion programs or aspects of programs that are relevant to this project. Special attention should be paid to programs that have a competitive private hauling system. Consultants will create a written analysis that summarizes this research, including information about sample communities':  PAYT service requirements that apply to single-family homes o outcomes and results, pros / cons, unanticipated consequences that were experienced, and other implementation strategies such as delivering every- other-week trash service  PAYT or other ordinances that apply to commercial and multi-family entities that incentivize diversion o outcomes and results, pros / cons, and unanticipated consequences  Curbside yard debris collection o crucial elements to success, impact made to diversion rates, any unanticipated consequences  Fees on trash bills that are used to help fund municipal waste diversion / zero waste projects o amount charged and allowable uses of fees Task 2 - Analysis Based on research (Task 1) and in collaboration with City staff to focus on successful strategies that may apply to Fort Collins, consultant will prepare a prioritized list of professional recommendations for developing a Universal Recycling Ordinance that address:  Best options for PAYT service requirements for single-family homes (see goals in Overview section) o Include a description, anticipated outcomes, pros / cons, anticipated cost impact to consumers, metrics to evaluate waste diversion potential, anticipated greenhouse gas emission reductions, and estimated costs for implementation.  Best options for PAYT or other ordinances that apply to commercial and multi-family entities that incentivize diversion (see goals in Overview section) o Include a description, anticipated outcomes, pros / cons, anticipated cost impact to consumers, metrics to evaluate waste diversion potential, anticipated greenhouse gas emission reductions, and estimated costs for implementation.  List of key requirements (such as composting infrastructure type and proximity, etc.) necessary for the successful implementation of yard debris collection for all single family home residents. Special attention should be paid to the following factors:  application of the recommendations for single-family home service requirements to Homeowners Associations (HOAs) and incorporation of URO program fees into HOAs' group billing systems. RFP 8103 Universal Recycling Ordinance Development Consulting Page 6 of 19  including an option for every-other-week trash service for single-family home residents  PAYT service requirements for single family homes should be conducive to adding curbside yard debris collection when the service is feasible.  outside influences on local waste diversion programs such as fluctuations in recycling markets. The consultant’s research, analyses, and professional recommendations will be used to discuss and evaluate potential amendments to Fort Collins’ PAYT ordinance during the public outreach and involvement phase of the project. The consultant will also assist City staff to complete a Sustainability Assessment on project recommendations using City of Fort Collins’ Sustainability Assessment Tool. Task 3 - Cost Projections The consultant will provide a projection of costs for two final selected options -- one that addresses single-family PAYT service requirements and one that addresses business / multifamily PAYT service requirements (staff will collaborate with the consultant to select which final options to model). The model will be submitted in Microsoft Excel and will include:  Detailed cost projection for first 5 years of implementation  Ongoing projection for 20 years Task 4 - Public Involvement During the course of the project, the consultant will attend at least two (2) public Open Houses hosted by City staff, up to three (3) meetings with the City Council or other community interest groups in Fort Collins, such as the Natural Resources Advisory Board, and at least three (3) meetings with a group of stakeholders convened by staff to provide ongoing input to the project. (Meetings may be timed to occur on same-date schedules for as few as two visits to Fort Collins.) Task 5 - Final Report A final draft report that incorporates staff comments and editing, and which has been written and produced to meet standards for professional publications will be submitted to the City of Fort Collins no later than September 18, 2015, including:  An executive summary not to exceed two pages  A summary of research, analyses, public involvement/input, and cost projections The report shall be submitted in electronic format using Microsoft Word. A final draft must be provided to the City that can be proof-read and readily edited by City staff before the report is published. Consultants shall allow at least two weeks to work with City staff to edit report before the report is due. Final formatting will be conducted by City staff to ensure consistency with internal publication standards. 4. Potential Second Project – Regional Planning Fort Collins works collaboratively on regional landfilling, waste reduction and recycling issues with Larimer County the City of Loveland, Colorado State University, and other neighboring agencies. Potential projects that are being considered include a regional waste plan to evaluate existing infrastructure and programs, and identify service needs that apply throughout the regional waste shed. RFP 8103 Universal Recycling Ordinance Development Consulting Page 7 of 19 5. Consultation The City of Fort Collins reserves the right to negotiate a modified statement of work with the selected consultant to best carry out the purposes of the project within the available budget. The City of Fort Collins reserves the right to negotiate additional work for the Professional under the awarded Professional Services Agreement using the scheduled rates contained in the resulting Agreement. Such work would be incorporated into the Agreement by way of a Change Order process to be initiated by the City, and the Scope of Work for such would be as mutually agreed upon by the awarded Professional and the City. All data collected in this study will become the property of the City. Confidential and proprietary information must be clearly marked as outlined in the Terms and Conditions of this document. The consultant will not publish results from this study in any form without prior approval of the City. The consultant will be prepared to respond to any questions or uncertainties the City might have about the completed data or other reporting, and to give other information, as requested, about the conceptual analysis. 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) cooperative purchasing group may contact the awarded vendor(s) with a desire to piggyback on the resulting contract as a cooperative user. Other agencies in particular that have indicated a potential interest in piggybacking on this Professional Services Agreement include the City of Loveland, Colorado, and Larimer County, Colorado. 6. Submittal Requirements The City’s intent is to choose the most qualified firm/team based upon approach, methods, qualifications and experience, availability, and schedule of rates. Once a firm is selected, a detailed scope of services will be developed for the awarded Professional Services Agreement. Of prime importance is the firm’s flexibility in responding to services as requested by City staff. Submittals are to be limited to 10 pages or less, exclusive of work product samples. 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 the tasks in the Scope of Work described 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. 2. Qualifications and Experience - Provide relevant information regarding previous experience related to developing similar plans and services to the ones listed under our Scope of Work above: RFP 8103 Universal Recycling Ordinance Development Consulting Page 8 of 19  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. Organization Chart/Proposed Project Team - An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this contract shall be provided in this section. 5. 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. 6. Schedule of Rates – Provide a schedule of hourly rates that will apply for the tasks described above under Scope of Work, and your estimate of the cost and hours required to complete the project. RFP 8103 Universal Recycling Ordinance Development Consulting Page 9 of 19 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 PROFESSIONAL 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: 918-43 Environmental Consulting 925-35 Environmental Engineering 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 Project Manager. 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 Professional 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 8103 Universal Recycling Ordinance Development Consulting Page 10 of 19 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 2.0 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? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 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? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal include detailed cost break-down for each cost element as applicable and are the line- item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager’s estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 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? RFP 8103 Universal Recycling Ordinance Development Consulting Page 11 of 19 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 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 8103 Universal Recycling Ordinance Development Consulting Page 12 of 19 PROFESSIONAL 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 "Professional". 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional 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 ( ) pages, and incorporated herein by this reference. 3. Contract Period. 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 four (4) 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 Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. 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 Professional. 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: Professional: 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 any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory RFP 8103 Universal Recycling Ordinance Development Consulting Page 13 of 19 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. RFP 8103 Universal Recycling Ordinance Development Consulting Page 14 of 19 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Subcontractors. Professional 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 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional 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 of drawings, designs, plans, specifications, RFP 8103 Universal Recycling Ordinance Development Consulting Page 15 of 19 reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 14. 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. 15. 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. 16. 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. 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional 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. RFP 8103 Universal Recycling Ordinance Development Consulting Page 16 of 19 b. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional 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. Professional 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 Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. 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 one (1) pages, attached hereto and incorporated herein by this reference. RFP 8103 Universal Recycling Ordinance Development Consulting Page 17 of 19 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney PROFESSIONAL By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ RFP 8103 Universal Recycling Ordinance Development Consulting Page 18 of 19 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional '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 Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 3. 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 Professional 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 Professional 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. RFP 8103 Universal Recycling Ordinance Development Consulting Page 19 of 19 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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.