HomeMy WebLinkAboutRFP - 7600 OPERATIONS & MANAGEMENT OF RECYCLING FACILITYREQUEST FOR PROPOSAL
7600 OPERATIONS & MANAGEMENT OF RECYCLING FACILITY
The City of Fort Collins is requesting proposals from qualified organizations, companies,
or other entities to install, operate and maintain a recycling facility located at 1809 S.
Timberline Road (directly south of the electrical substation) for non-traditional materials
(NTM) in the City.
Proposals submission via email is preferred. Proposals shall be submitted n
Microsoft Word or PDF format 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 will be received before 3:00 p.m. (our clock), February
28, 2014 and referenced as Proposal No. 7600. 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.
A pre-proposal meeting will be held on February 13, 2014 at 10:00 AM in the
Community Room located at 215 N Mason Street, Fort Collins.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
Questions concerning the scope of the project should be directed to Project Manager,
Susie Gordon at (970) 221-6265 or sgordon@fcgov.com.
Questions regarding bid submittal or process should be directed to John Stephen,
CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com.
All questions must be submitted in writing via email to Susie Gordon and
Caroline Mitchell (cmitchell@fcgov.com), with a copy to John Stephen, by 5:00
PM (our clock) on February 19, 2014. Responses to all questions submitted will be
documented in an addendum provided to all respondents and posted on the webpage
noted below.
A copy of the Request for Proposal may be downloaded from the BuySpeed Webpage,
www.fcgov.com/eprocurement
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
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
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identified and will be protected to the extent legally permissible. Proposals may not be
marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to
material treated as confidential in the normal conduct of business, trade secrets,
discount information, and individual product or service pricing. Summary price
information may not be designated as proprietary as such information may be carried
forward into other public documents. All provisions of any contract resulting from this
request for proposal will be public information.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council,
shall have a financial interest in the sale to the City of any real or personal property,
equipment, material, supplies or services where such officer or employee exercises
directly or indirectly any decision-making authority concerning such sale or any
supervisory authority over the services to be rendered. This rule also applies to
subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment,
kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal
will be rejected and reported to authorities as such. Your authorized signature of this
proposal assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive
any irregularities or informalities.
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
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REQUEST FOR PROPOSAL
7600 OPERATIONS AND MANAGEMENT OF RECYCLING FACILITY
OVERVIEW
The City of Fort Collins invites qualified organizations, companies, or other entities to
submit a proposal to install, operate and maintain a recycling facility for non-traditional
materials (NTM). The project is designed to create a new, “for-a-fee” drop-off recycling
center at 1809 S. Timberline Road in Fort Collins on a 3.2-acre property owned by the
City (directly south of the electrical substation). The selected contractor will take full
responsibility for operating the NTM facility, including provision of collection equipment
and bins, brokering the sales and distribution of recyclables, as well as transporting
materials to market destinations. In exchange for providing these services on City
property, the contractor will assume all operating costs and will retain all gate fees and
rebates from sales of materials.
The City will: provide the property on which to operate the recycling center at no charge
to contractor; pave access road and work surfaces; install fencing; provide
communications to the public, including but not limited to web-based information on the
City’s website; and, regularly conduct publicity that motivates people to patronize the
facility. As a partner with the City of Fort Collins on this project, the contractor will be
highly accountable and responsive to City staff, and will be held to the City’s high
standards for excellent customer relations, public accessibility, and safety on the site.
In acknowledgement of the new-ness of this venture, the City encourages applicants to
consider forming teams and submitting proposals that allow each team member to apply
their own unique and specialized skills to the operations and maintenance of this
project, thereby helping ensure its long-term success in enabling the community to
divert more of waste from landfill disposal.
This is a one year agreement but, 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.
Tentative Schedule
Pre-proposal Meeting February 13, 2014
Deadline to Submit Questions February 19, 2014 5:00 pm
Notify Short Listed Firms Week of March 10, 2014
Short List Oral Interview March 20, 2014
Notice to Proceed Earliest May 1, 2014
PROJECT DESIGN
Basic concepts for creating a collection site for non-traditional materials are outlined in a
study commissioned by the City in 2012 (Draft Report: Integrated Recycling Facility
Feasibility Analysis, available at http://www.fcgov.com/recycling/reports.php).
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During spring, 2014, the City will grade, pave, and landscape the site according to a
plan approved by the Planning and Zoning Board in August, 2013 (see attachment 1).
The approved Proposed Development Plan (PDP) is currently being reviewed by the
Planning Department for amendments proposed by staff. It is important to note that
the amended plan will not include any type of building to be constructed on the
site and that at this point in time, the City does not intend to run any utilities
including water, electrical power or sewer to the proposed facility. It is anticipated
that the site will be available for contractor use in the third quarter of 2014.
SCOPE OF FACILITY
The Integrated Recycling Facility Feasibility Analysis (please see citation above)
described an integrated recycling facility developed in phases by creating a basic set-
up for accepting NTM materials, moving the existing recycling facility (1702 Riverside)
to be co-located at the Timberline facility, and, in a future phase, accepting yard debris.
Ultimately the opportunity exists to create a small-scale pilot project of waste conversion
technology (non-incineration), e.g., anaerobic digesting systems. The City intends to
roughly follow this phasing schedule over time, as funding allows.
At this initial stage, the City plans to start with the following list of materials that would
be collected in an open air set-up.
1. Metal items
2. Aggregates (concrete, bricks, asphalt, etc.)
3. Corrugated cardboard
4. Wood products (non-treated, unpainted)
5. Yard debris
6. Source-separated glass (for industrial users only, e.g., local brewery companies)
Proposals must include the six materials listed above, at minimum, for collection and
recycling. While mixed loads of materials will be welcomed for recycling, the facility is
designed to be largely self-serve, whereby patrons unload their own materials into
easily accessed one- or two-yard “hoppers”. Users are likely to represent local
construction, remodeling, and demolition businesses seeking to implement Fort Collins’
Green Building Code requirements (2012) to recycle lumber, metal, cardboard, and
aggregates from construction sites.
In addition, the City will require the contractor to develop plans to collect certain other
products after the first year of operations, including but not limited to:
1. Electronic waste
2. Batteries, motor oil, latex paint, and antifreeze
3. High-density polypropylene items (i.e., bulky plastics)
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SOLICITATION OF PROPOSALS
In responding to this RFP, parties are requested to describe how a recycling facility for
NTMs might be implemented, operated and maintained at 1809 S. Timberline Road in
Fort Collins. The response should include the following information and in the same
order.
1. Capital elements:
a) Describe infrastructure needed at the facility and estimated costs for:
i) collecting materials, preparing them for shipment, and transporting them to
processing facilities,
ii) sheltering facility workers from weather/elements without building new
structures on the property,
iii) providing site maintenance and upkeep, and,
iv) payment/tracking systems and technology.
b) Suggest how phasing of a facility and future build-out might work.
i. address if/how increased volumes/types of NTMs would be collected
ii. address how increased volumes of some NTMs could be potentially managed
as part of a waste-to-clean-energy project in Phase III.
c) Describe how the local recycling businesses in Fort Collins might integrate with
or complement a recycling facility for NTMs.
2. Operations:
a) Must be licensed to conduct business in Fort Collins
b) Describe basic business model for this facility based on your experience. Include:
i. a fee structure and fee schedule (please see pg. 46 of the Integrated
Recycling Facility Feasibility Analysis for preliminary fee suggested by
consultants),
ii. types of collection bins that will be used,
iii. hours of operation, and
iv. payment systems that would be used, including credit cards.
c) List the management structure for your proposal.
i. Describe any portions of operations that will be subcontracted.
d) Describe how offered recycling services will comply with Americans with
Disability Act.
e) List software that will be used to manage information.
i. Describe how reports will be made to the City, their frequency (i.e.,
monthly, quarterly) and which data will be included.
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f) Provide schedule for opening the facility.
g) Describe how you would provide for safety of employees, volunteers, and the
public.
h) Address potential strengths and weaknesses of the recycling program you
propose for Fort Collins.
i) Verify you are able to be in regulatory compliance (e.g., acquire certifications)
when antifreeze, batteries, latex paint, and motor oil are added for collection at
the facility in future.
3. Company or Team Overview (please describe):
a) The structure of your organization or team and your business model for providing
a recycling facility for NTMs in Fort Collins
b) The major players, including staff, sub-contractors and community partners
c) Your experience in providing or implementing similar projects, including
developing partnerships
d) Awarded contractor must have a minimum three years’ experience doing similar
type of work.
e) Provide cell phone number and email address for primary site contact.
SUPPLEMENTAL PROJECT INFORMATION
The goals of the City are to:
‐ Open a recycling facility for NTMs in 2014/2015,
‐ Encourage and promote recycling by Fort Collins residents and businesses, and
‐ Complement and encourage existing recycling businesses and programs.
The facility should be:
‐ Easily accessible to the public and inviting to customers of all abilities,
‐ Financially sustainable
‐ Easily expanded to meet demands for recycling NTMs in subsequent years,
‐ Able to meet or exceed identified performance measures (see below); and
‐ Strongly rooted in the community, to foster local partnerships and sponsorships.
The facility should:
‐ Have sufficient infrastructure to provide a viable and functional service,
‐ Shift residents’ and businesses’ disposal habits from landfill usage to greater
participation in recycling,
‐ Create new recyclers in the community, including businesses and industry,
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‐ Seek strong partnerships and integration with other entities in Fort Collins,
including recycling businesses, hauling companies, and Colorado State
University, and
‐ Establish a high level of usage and customer satisfaction.
BACKGROUND INFORMATION
Fort Collins has a strong culture of recycling and waste reduction built on demands and
expectations expressed by the public over the past 30 years.
City Policy
A goal set in 1999 to divert half of the community’s waste stream from landfill disposal
was surpassed in 2012, when a 58% community-wide diversion rate was documented.
Policies for waste diversion and recycling were significantly expanded when the City’s
Master Plan (“City Plan”) was updated in 2010. The City passed landfill disposal bans
on electronic waste (2007) and corrugated cardboard (2013). In 2013, the City Council
adopted a new goal of Zero Waste by 2030 for the community, with interim goals of
75% diversion (by 2020) and 90% (by 2025).
Current Recycling and Trash Services
The City does not provide a municipal trash/recycling collection service but does require
trash haulers to be licensed. Haulers must apply a pay-as-you-throw (PAYT) fee
structure, including providing recycling at no additional charge, to their single-family
residential accounts. Information about the PAYT ordinance is available at
http://www.colocode.com/ftcollins/municipal/chapter15.htm#articleXV .
Since 2012, the City has operated a free public recycling drop-off facility for traditional
types of materials (commingled bottles/cans, paper fiber commodities, source-
separated glass) at a property leased from Rivendell School at 1702 Riverside
(http://www.fcgov.com/recycling/dropoff.php). At a future stage in development of a
new recycling facility for NTMs, the Rivendell drop-off site is intended to be moved and
co-located at the Timberline facility (although designed to continue accepting traditional
recyclables at no fee).
PROJECT PERFORMANCE MEASURES
The selected contractor must provide the following information in reports to the City:
Tracking Measures:
‐ Number of customers (day/quarter/annual)
‐ Tons of materials collected
o Residue rates for materials
‐ Revenues from sales of NTM (quarter/annual)
o Residentially-delivered material
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o Material received from businesses and industry
‐ Losses incurred for recycling of NTM (quarter/annual)
‐ Levels of customer satisfaction
Annual Evaluation Measures:
‐ Customer satisfaction ratings
‐ Job creation
‐ Increase in amount of materials diverted from landfill disposal and specific levels
of diversion in the community each market category of recyclables
LINKS TO OTHER INFORMATION
City of Fort Collins Recycling Webpage: http://www.fcgov.com/recycling/
City of Fort Collins Integrated Recycling Facility Feasibility Analysis:
http://www.fcgov.com/recycling/reports.php
City of Fort Collins Building Services – Green City Codes:
http://www.fcgov.com/building/greenclasses.php
City of Fort Collins Geographic Information Systems (GIS) Links:
http://www.fcgov.com/gis/maps.php
Attachment A - Parcel Map (attached)
‐ Parcel map showing Parcel A (3.2 acres, in green color) on the SE corner of the
overall property, is where the facility is being constructed.
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REVIEW & ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the
basis for review of the written proposals and optional interview session. At discretion of
the City, interviews of top rated firms may be held.
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 show an understanding of
the project objective, methodology to be used
and results that are desired from the project?
2.0 Assigned
Personnel
Do the persons who will be working on the
project have the necessary skills? Are
sufficient people of the requisite skills 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 Motivation Is the firm interested and are they capable of
doing the work in the required time frame?
2.0
Cost and
Work Hours
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 in each project task or
phase?
2.0 Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm
done previous projects of this type and scope?
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Reference Evaluation (Top Rated 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
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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SAMPLE SERVICES AGREEMENT (reference only – Do Not Sign)
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of ( )
page and incorporated herein by this reference. Irrespective of references in Exhibit
A to certain named third parties, 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 ( ) page , and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of
the essence. Any extensions of the time limit set forth above must be agreed upon in a
writing signed by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
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the City, the Agreement may be extended for an additional period of one (1) year at the
rates provided with written notice to the Professional mailed no later than ninety (90) days
prior to contract end.
5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall
continue in full force and effect until , 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed ( ) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget
Office will be used as a guide. Written notice of renewal shall be provided to the Service
Provider and mailed no later than ninety (90) days prior to contract end.
6. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in
writing by the parties. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
City of Fort Collins
Attn: Purchasing Dept.
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PO Box 580
Fort Collins, CO 80522
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
8. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, ($ ) as per the
attached Exhibit " ", consisting of page , and incorporated herein by this
reference.
9. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
10. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
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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.
12. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
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defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
15. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
16. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non-defaulting party for the non-defaulting party's reasonable
attorney fees and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
18. Indemnity/Insurance.
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a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit , consisting of one (1) page, attached hereto and incorporated herein by
this reference. The Service Provider before commencing services hereunder, shall
deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort
Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
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seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
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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.
22. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality,
consisting of ( ) pages, attached hereto and incorporated herein by this
reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
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Assistant City Attorney
By:_______________________________
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PRINT NAME
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TITLE
Date:_____________________________
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EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
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 $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
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ATTACHMENT “A” – PARCEL MAP
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