Document Arvada_doc_7297715fbd

1 Award of this RFP is contingent upon further action by the City Council. Proposal RFP-19-Organized Waste Hauling Title: Arvada Organized Waste Hauling RFP Issued: May 24, 2019 Mandatory Pre-proposal Meeting: None planned Question Deadline: June 10, 2019 5:00 p.m. local time Questions and responses will be posted on BidnetDirect.com Proposals Due By: June 27, 2019 1:00 p.m. local time Please submit 2 paper copies and a thumb drive to: City of Arvada City Hall 8101 Ralston Rd. 3nd floor Arvada, CO 80002 Late responses will not be considered for award. Projected Start Date: To be considered by City Council and IF approved to proceed, implementation would begin after June 2020 Submit questions to: [EMAIL REDACTED] Arvada Vision: We dream big and deliver. Mission: We are dedicated to delivering superior services to enhance the lives of everyone in our community. Values: Innovation – We excel in creativity, flexibility and the use of best practices while valuing diverse backgrounds, ideas and perspectives. Passion – We are a high performing, inclusive team inspiring each other to pursue excellence. Opportunity – We value our diversity, embrace possibilities, face challenges, persevere and take action to deliver quality results. ---PAGE BREAK--- 2 Award of this RFP is contingent upon further action by the City Council. GENERAL TERMS AND CONDITIONS 1. PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES. Financial obligations of the City of Arvada, if any, after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted and otherwise made available by the City Council for the City of Arvada. The City of Arvada's obligations under the Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the City of Arvada within the meaning of Article X, Section 20 of the Colorado Constitution. 2. TAXES. The City of Arvada is not subject to taxation. Contractor shall not invoice Arvada for any state, federal or local taxes whatsoever. Upon written notification by the City of Arvada, Contractor shall reimburse the City of Arvada in a timely manner for any taxes erroneously paid by the City of Arvada. The Colorado Department of Revenue, Certification of Exemption for Colorado State Sales/Use Tax account number for the City of Arvada is 98-01789-0000. An exemption certificate will be provided, where applicable, upon request. 3. NO INDEMNIFICATION BY ARVADA. The City of Arvada is prohibited by Article XI, Section 1, Colorado Constitution, from indemnifying anyone. Therefore, notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, the City of Arvada does not indemnify Contractor or anyone else under this Agreement. 4. INDEMNIFICATION OF CITY. A. Contractor: Notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, Contractor agrees to investigate, defend, indemnify and hold harmless Arvada, its elected officials, officers, employees, agents, insurers, and representatives from and against any claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorney fees and other costs and expenses of litigation, which may be asserted against or incurred by Arvada or for which Arvada may be liable, arising from the negligence, willful misconduct, or other fault of Contractor or its employees, agents, or subcontractors in performance of the Agreement. Nothing herein is intended to constitute a covenant, promise, or agreement to indemnify and hold harmless Arvada from any liability or damages directly caused by or attributable to Arvada's own negligence. Nothing herein intended to be nor may be construed as a waiver of the immunities, protections, or limitations on damages provided to Arvada by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as it may from time to time be amended. (or) B. Architect, Engineer, Surveyor Services for Public Works Construction: Contractor agrees to hold harmless and indemnify Arvada, its officers and employees, from and against any liability or any claims, suits, or actions arising out of, made, or asserted for any damage to persons or property resulting from errors, omissions or fault of Contractor in connection with the performance by Contractor of obligations under this solicitation and any subsequent Agreement with Arvada. Nothing herein is intended to constitute a covenant, promise, or agreement to indemnify and hold harmless Arvada from any liability or damages directly caused by or attributable to Arvada’s own negligence. Nothing herein is intended to be nor construed as a waiver of the immunities, protections, or limitations on damages provided to Arvada by the Colorado Governmental Immunity Act, C.R.S. §§24-10-101 et seq., as it may from time to time be amended. 5. NO OPINION OF COUNSEL LETTERS. Pursuant to Section 8.1 of the Arvada City Charter, the City Attorney provides advice to the City Council and City Officials in matters relating to their official powers and duties, and will perform such other duties as City Council may prescribe by ordinance or resolution. The City Attorney will not issue opinion of counsel letters, memoranda or statements to third parties, including, but not limited to that any contract or lease is binding on the public entity, enforceable, etc. 6. OPEN RECORD REQUESTS. Notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, the City of Arvada is obligated to comply with the Colorado Open Records Act (C.R.S. §§24-72-101 et seq.), which may require the City of Arvada to disclose all or a portion of communications relating to the Agreement, or terms of same, or of any transaction under the Agreement, and other related matters. Contractor has been advised to familiarize itself with the Colorado Open Records Act. Therefore, any confidentiality provisions in the contract, lease, escrow agreement or any other type of agreement are subject to the provisions of the Act. 7. OWNERSHIP OF WORK PRODUCT. The originals of all plans, reports, studies, data, or other materials or information relating to the Work that are produced by Contractor shall be delivered to and become the property of Arvada. Contractor may retain copies of any originals; however, no plans, reports, studies, data, or other materials or information relating to the Work shall be released to any person or entity without the prior written consent of Arvada. Nothing in this clause is intended to affect Contractor’s right to use generic know-how learned in the course of providing services under the Agreement for the future benefit of the City of Arvada or others. ---PAGE BREAK--- 3 Award of this RFP is contingent upon further action by the City Council. 8. ASSIGNMENT. Contractor shall not assign the Agreement without the prior written consent of the City of Arvada, which will not be unreasonably withheld, conditioned, or delayed. Contractor may assign the Agreement to any successor to the business of the party by merger, consolidation, or sale of assets. No assignment shall be permitted that enlarges any duty, responsibility or obligation of the City of Arvada, or that limits, curtails, or diminishes any right or privilege of the City of Arvada without the City of Arvada’s express written consent. 9. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of the Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to Arvada and Contractor and nothing contained in the Agreement shall give or allow any such claim or right of action to any other third party on the Agreement. It is the express intention of Arvada and Contractor that any person other than Arvada or Contractor receiving services or benefits under the Agreement shall be deemed to be an incidental beneficiary only. 10. INDEPENDENT CONTRACTOR. Contractor and Arvada hereby represent that Contractor is an independent contractor for all purposes hereunder. As such, Contractor is not covered by any worker's compensation insurance or any other insurance maintained by Arvada except as would apply to members of the general public. Contractor shall not create any indebtedness on behalf of Arvada. 11. SUBCONTRACTING. Contractor shall not subcontract any of its responsibilities without Arvada's prior written approval, which will not be unreasonably withheld, conditioned, or delayed. Contractor shall be responsible for any failure by any subcontractor or subcontractor personnel to perform in accordance with the Agreement or to comply with any duties or obligations imposed on Contractor under the Agreement to the same extent as if such failure to perform or comply was committed by Contractor or Contractor's personnel. Contractor shall be Arvada's sole point of contact regarding the services, including with respect to payment. 12. ILLEGAL ALIENS; PUBLIC CONTRACTS FOR SERVICES. To the extent that obligations and responsibilities may be established by C.R.S. §§8-17.5-101 et seq., (as amended) (the "Act"), with respect to certain public entities and those contracting therewith as to the procurement of services: A. Successful Contractor ("Contractor") shall not knowingly employ or contract with an illegal alien to perform work under the Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Agreement. Contractor confirms the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services through participation in either the E-Verify Program or Department Program (the "Program"). B. Contractor is prohibited from using Program procedures to undertake pre-employment screening of job applicants while the Agreement is being performed. C. If Contractor obtains actual knowledge that a subcontractor performing work under the Agreement knowingly employs or contracts with an illegal alien, Contractor shall be required to: Notify the subcontractor and the City of Arvada within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii). Terminate the subcontract with the subcontractor if within three days of receiving the above notice the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the subcontract if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. D. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to the authority established in the Act. E. Any provision of the Agreement to the contrary notwithstanding, if Contractor violates any provision of this Section, the City of Arvada may terminate the Agreement, without breach or default by the City of Arvada, and Contractor shall be liable for actual and consequential damages to the City of Arvada arising out of such violation. F. Contractor represents that, prior to executing the Agreement, Contractor has certified that at the time of the certification, Contractor does not knowingly employ or contract with an illegal alien who will perform work under this public contract for services and Contractor will participate in either the E-Verify Program or Department Program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. By execution of this Agreement, Contractor shall be deemed to have renewed such certification. G. Contractor acknowledges its responsibility to comply with the certification requirement pursuant to C.R.S. 17.5-102(2)(b)(I) (as amended). ---PAGE BREAK--- 4 Award of this RFP is contingent upon further action by the City Council. 13. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing contained in this or any of the exhibits attached thereto shall be construed as a waiver of any of the immunities, limitations, privileges, rights, procedures, or requirements contained in the Colorado Governmental Immunity Act, C.R.S. §§24-10-101 et seq. 14. RIGHT TO TERMINATE. The City of Arvada shall have the right to terminate, without cause, the Agreement. Any such termination shall not be considered a breach of the Agreement or any extension thereof. In the event of termination by the City of Arvada for convenience, Contractor will be paid for requested work performed up until the time of termination by the City of Arvada, not to exceed the total amount of the contract price agreed upon by the parties. 15. COMPLIANCE WITH ALL LAWS. All of the services performed under this Agreement by Contractor shall comply with all applicable laws, rules, regulations and codes of the United States and State of Colorado, and with the charter, ordinances, rules and regulations of the City of Arvada. 16. WAIVER OF BREACH. A waiver by any party to the Agreement or the breach of any term or provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 17. GOVERNING LAW AND VENUE. Notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, the Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under the Agreement or for the enforcement of the Agreement shall be in the appropriate court for Jefferson County, Colorado. 18. FORCE MAJEURE. Any delays in or failure of performance by any party of his or its obligations under the Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 19. BINDING ARBITRATION PROHIBITED. The City of Arvada does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in response to the solicitation, or incorporated by reference, shall be null and void. 20. PARAGRAPH CAPTIONS. The paragraph captions in this solicitation or in the Agreement are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of the Agreement. 21. BINDING AUTHORITY. Contractor represents and affirms that the signature page hereof accurately states the full legal name of Contractor (whether as a corporation, partnership, limited liability company, sole proprietorship, or other), contains all requisite signature(s) on behalf of Contractor, has been properly acknowledged by attestation, notary acknowledgment, or both, and in all other respects is effective to bind Contractor, in accordance with all applicable statutes, regulations, resolutions, rules, bylaws, agreements, or similar sources of authority or limitation. SPECIAL TERMS AND CONDITIONS 1. PRICES FIXED AND FIRM FOR THE TERM OF THE CONTRACT: Prices proposed by the Contractor shall remain fixed and firm during the term of the contract; however, the Contractor may offer incentive discounts from the fixed price. This contract shall commence upon the date specified in the Contract or Purchase Order and shall remain in effect until such time as all items/services purchased in conjunction with this solicitation have been delivered and accepted by the City's authorized representative. It shall be understood and agreed that any warranty period which exceeds this term shall remain in full force for the duration of the warranty period. 2. OPTION TO RENEW FOR SUBSEQUENT YEARS The contract resulting from this Solicitation is intended to extend for three years from the effective date of the contract, at which time the City shall have the option to renew the contract for four additional one year periods (for a total of 7 years); provided that the Contractor provided satisfactory performance during the contract period. Continuation of the contract beyond the initial period is a City prerogative and not a right of the Contractor. Unless otherwise notified in writing, the option period shall become automatic at the end of the original period. At the end of years 2-6 of this Agreement, Contractor shall have the ability to increase the charges for residential collection service. During the option periods, the City will consider an adjustment to the pricing structure. For consideration, the Contractor must document that it was subject to a price adjustment by its suppliers or by the Denver/Boulder/Greeley All Urban CPI (Consumer Price Index). Any price adjustments shall not exceed the amount being passed on and shall also not exceed 3.5% annually, and not to exceed a cumulative 8%maximum over the term of the seven year contract, subject to approval by City Council Resolution. ---PAGE BREAK--- 5 Award of this RFP is contingent upon further action by the City Council. 3. CONTENTS OF OFFER. Contractors are required to submit offers with the following conditions: 1) Contractors shall make all investigations necessary to inform themselves of the facilities affected by the delivery of products and services required by the Solicitation. 2) Any official interpretation of the Solicitation may only be issued by an authorized agent of the City. The City shall not be responsible for other interpretations offered by employees not authorized. 3) The City shall issue Addenda if substantial changes are required which may impact the content and submission of Offers. A copy of such addenda will be publicly posted with the original RFP posting. 4) The apparent silence or omissions within this Solicitation regarding a detailed description of the materials or services shall be interpreted to mean that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be provided. 4. CLARIFICATION AND MODIFICATIONS. The contract resulting from this solicitation will be subject to the Solicitation materials, City Ordinance, State and Federal Statutes. When conflicts occur, the highest authority shall prevail. Contractors are required to indicate any variances to the terms, conditions, requirements and specifications of this Solicitation; no matter how slight. If variations are not stated in the Contractor's Offer, it shall be agreed that the Contractor's Offer fully complies with all conditions identified in this Solicitation. 5. ELIGIBILITY OF CONTRACTORS: MUST BE ENGAGED IN SUPPLYING PRODUCTS OR SERVICES RENDERED. Offers will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services described in this Solicitation. Contractors must be able to produce evidence that they have an established satisfactory record of performance for at least five years and have sufficient finances and structure to ensure that they can satisfactorily execute the Contract requirements, as determined by authorities of the City. The City reserves the right, before awarding the contract, to require a Contractor to submit evidence of its qualifications including, but not limited to, financial, technical and other qualifications, as well as past performance with the City, for consideration in making the award in the best interest of the City. 6. CONFIDENTIAL DOCUMENTS Contractors may designate specific pages or sections within their submission as trade secret or confidential commercial information or as otherwise protected by law (“Confidential Information”). Documents and data that are considered Confidential Information shall be clearly marked as such and separated from the rest of the solicitation submission documents. Comingling is not acceptable. The City does not favor blanket assertions of Confidential Information. Please note that blanket assertions that merely classify and/or broadly claim information is confidential are insufficient as a matter of law. See, International Brotherhood of Electrical Workers Local 68 v. Denver Metropolitan Major League Baseball Stadium District, 880 P.2d 160 (Colo.App. 1994). Any information that will be included in any resulting contract cannot be considered Confidential. Under no circumstances may submission pricing information be considered Confidential. In the event a formal contract is entered into with the City and a portion of the Proposal/Response carries a designation indicating the Contractor believes it is Confidential Information, then the City agrees that it will use its best efforts to forward any request for the disclosure of the Confidential Information to the Contractor. By its submission of the Proposal/Response ,Contractor agrees to respond to the request for disclosure with any objections and reasons therefor in accordance with the Colorado Open Records Act C.R.S. §§24-72-101 et seq. and any other applicable law. Further, Contractor agrees to assume the obligation to defend, hold harmless, and indemnify the City in any legal proceeding that arises from non-disclosure of documents or data pursuant to the Contractor’s objection. 7. MODIFICATIONS TO EXISTING CONTRACT Terms and conditions may be added, modified, and deleted upon mutual agreement between authorized agents of the City and the Contractor provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities, and increases or decreases in the time limits for an existing contract. Any and all modifications must be signed by authorized agents of the City and the Contractor prior to the enactment of such modifications. 8. CITY NOT LIABLE FOR DELAY In no event shall the City be liable or responsible to the Contractor or to any other person for or on account of any stoppage or delay of the work herein provided for by injunction or other legal or equitable proceeding, or from or by on account of any delay for any cause over which the City has no control. ---PAGE BREAK--- 6 Award of this RFP is contingent upon further action by the City Council. ARVADA’S INSURANCE REQUIREMENTS The following listed insurance requirements shall be carried by the selected vendor for the entirety of the contract. Applicable requirements for this solicitation are identified by completed check boxes. 1. Commercial General Liability, written on an occurrence form, for limits not less than $1,000,000 for bodily injury and property damage for each occurrence and not less than $2,000,000 aggregate. Coverage shall include premises and operations liability, blanket contractual, broad form property damage, products and completed operations and personal injury endorsements. 2. Workers’ Compensation and Employers Liability as required by statute. Employers Liability coverage is to be carried for a minimum limit of $1,000,000. 3. Automobile Liability for limits not less than $5,000,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles. All hazardous waste hauling vehicles must include MCS 90 endorsement and the ISO Form CA 9948 (Pollution Liability Broadened Coverage for Business Automobile). 4. Umbrella Liability of $10,000,000, written on a following form basis to the Commercial General Liability and Automobile Liability policy. 5. Pollution Legal Liability Insurance for limits not less than $5,000,000 per occurrence (or claims made) and not less than $5,000,000 aggregate for bodily Injury, personal Injury and property Damage. Additional Insurance Requirements:  Contractor will be required to, at its own expense, keep in full force and effect during the term of the Agreement, and during the term of any extension or amendment of the Agreement, insurance reasonably sufficient to insure against the liability assumed by Contractor pursuant to the provisions of the solicitation sent by the City of Arvada or as determined by the City of Arvada Risk Manager.  Issuance of a Purchase Order/Contract is contingent upon the receipt of the insurance documents. Work shall not commence before this requirement is met. If the vendor fails to submit the required insurance documents within fifteen (15) calendar days after notice to submit such policies is given to the vendor by a City representative, the vendor may be in default of the Award.  All coverages must be endorsed to provide a waiver of subrogation in favor of City of Arvada and any other Additional Insureds.  The General Liability, Automobile Liability, and Umbrella policies must be endorsed to be primary to any coverage held by the City of Arvada or any other Additional Insured, with such coverage held by the City of Arvada or any other Additional Insured being non- contributory.  Except for Workers Compensation and Employer’s Liability insurance, Professional Liability insurance, all insurance policies shall be endorsed to provide the City of Arvada, and any other party required by the City of Arvada are an additional insured on a Certificate of Insurance, with such coverage provided the Additional Insureds being primary and non-contributory.  All coverage must be written with carriers holding a minimum A.M. Best rating of A-:VII, and authorized to do business in Colorado. Coverage shall be primary, and any insurance held by the City of Arvada is excess and non-contributory.  The City, through its Risk Manager, reserves the right to require additional insurance coverage and other requirements. ---PAGE BREAK--- 7 Award of this RFP is contingent upon further action by the City Council. ADMINISTRATIVE INFORMATION 1. PURPOSE - TO OBTAIN PROPOSALS: The purpose of this Solicitation is to provide qualified Contractors with sufficient information regarding the City's needs in order to adequately prepare and submit a Proposal. The contracted work is expected to begin approximately 180 days after a contract is executed. Proposals must be received by the date and time established in this solicitation. Once the deadline has passed, the Proposals will not be accepted and will be returned to the Contractor. Proposals are proprietary working documents offered by prospective Contractors and, as such, are not subject to public inspections until an official award is made. 2. PERFORMANCE MEASUREMENTS – SERVICES MORE THAN $15,000 The City has incorporated Performance Management into its organizational culture. When Contractors submit offers to the City in response to solicitations for Services (not associated with the primary purchase of goods, supplies, or software), they shall identify the methods and goals by which they will monitor and report their performance providing those services to the City. Examples of Performance Measures the City desires include: A report of Waste Diversion in % and Customer Service metrics (calls answered and resolved during first call, etc.). SERVICES means: the furnishing of labor, time, effort, maintenance, etc., by a Contractor/contractor/consultant, with an initial contract amount of more than $15,000. 3. PREPARATION AND SUBMISSION Offers will be prepared as follow: 1) A blank shall be construed as "No Bid/not offered". Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail. 2) Contractors will not knowingly participate in solicitations where there exists a conflict of interest with their firm and a member of City staff or their immediate family. 3) Solicitations and addenda are available at WWW.BIDNETDIRECT.COM. Registration is available to receive email notification of new solicitations, addenda and communications. 4) Contractors who qualify their Offers by requiring alternate contractual terms and conditions as a stipulation for contract award, must include such alternate terms and conditions in its Offer. The City reserves the right to declare the Contractor's Offer as non-responsive if any of these alternate terms and conditions are in conflict with the City's terms and conditions, or its best interest. Once Offers have been opened, the City shall not consider any subsequent submissions of alternate terms and conditions. 4. MODIFICATION, WITHDRAWAL OR REJECTION OF OFFERS Modifications to Offers- Changes to the Offer after the submission deadline shall be allowed only when the Contractor can show convincing evidence that an unintentional factual mistake was made. Modification requests must be made in writing. Any modification submitted to the City must have the Contractor's name, address, Solicitation Number and title included. Withdrawal of Offers- Offers may not be withdrawn after the deadline for the Solicitation for a period of ninety (90) calendar days. If an Offer is withdrawn by the Contractor during this ninety (90) day period, the City may, at its option, suspend the Contractor and may not accept any Offer from the Contractor for a six month period following the withdrawal. Rejection of Offers- A. The City may reject an offer, in whole or in part, for reasons including, but not be limited to: 1) The Contractor misstates or conceals any material fact in its Proposal; 2) The Contractor's Offer does not strictly conform to the law or requirements of the Solicitation; 3) The Offer expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Special Conditions; 4) The Offer does not include documents which are required for submission with the Offer; or 5) The Offer has not been executed by the Contractor through an authorized signature. B. The City may, at its sole and absolute discretion: 1) Reject all or parts of Offers submitted by prospective Contractors; 2) Re-advertise this Solicitation; 3) Postpone or cancel the Solicitation; 4) An Offer may not be accepted from, nor any contract be awarded to, any person or firm which a) is in arrears to the City for any debt or Contract, or is a defaulter as surety for any obligation to the City. b) has failed to perform faithfully any previous contract with the City, State or Federal governmental for a minimum period of one year after this previous Contract was terminated for cause. c) has pending litigation against the City on the date and time that the Solicitation is due. ---PAGE BREAK--- 8 Award of this RFP is contingent upon further action by the City Council. 5. BEST VALUE AGENCY The City of Arvada is a best value agency. The intent of this solicitation is to award to the lowest responsive, responsible proposer that meets or exceeds the specifications and requirements incorporated in these solicitation documents. It is solely incumbent on the staff of the City of Arvada to conduct due diligence to determine best value prior to award. METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN PROPOSAL: It is the intent of the City to award a contract to the Contractor(s) who receives the highest score from the City's RFP Evaluation Committee. Components important to the City’s evaluation will include superior customer service, stability of service and inclusion of local waste Contractors currently serving the City. The Committee will score written Proposals by reviewing documentation submitted by the Contractors. Evaluation will be based on the following criteria: A. The capability of the bidder to fully assume responsibility for waste collection and disposal in the City in accordance with the Contract. Commitment to the business including local and regional (to the Front Range of Colorado) experience in waste collection and disposal. B. Experience in furnishing all services: solid waste, recyclable material and compost/yard clipping/landscape material collection and disposal services. The following factors will be considered: work previously completed by the Contractor, plant and equipment available for use, statement of material on hand and available for this work, the Contractor’s technical experience, qualification to currently do business in the state of Colorado, the established evidence of the reliability and responsibility of all proposed subcontractors and suppliers, ability to maintain and repair carts. C. Ability to provide written proof of the disposal facilities to be utilized and associated tonnage reports. D. Completeness of Proposal. E. Involvement in recycling, waste reduction, marketing of recyclable materials and related public education and resource recovery awareness programs. F. A list of references, identifying municipal customers and Colorado Front Range Home Owners Associations with whom the bidder currently provides, or has provided within the last five calendar years, municipal waste collection and disposal services. Such list shall identify the persons to be contracted, their position, address and telephone number. G. Pricing for services requested to be rendered under the Contract Documents. H. Inclusion of sample reports, both required and offered. I. Performance Measures included in the proposal. J. Proposed implementation of Education/Marketing programs. K. Proposed implementation of the program to City Staff and Residents. L. Customer Service details and administration, including potential options for billing and financing of carts. PRESENTATIONS: A second phase will be incorporated, in which the Committee will invite a limited number of Contractors who received high scores during phase one, to provide an oral presentation. The evaluative score from the oral presentations will determine the top rated Contractor(s). ---PAGE BREAK--- 9 Award of this RFP is contingent upon further action by the City Council. Definitions. The following terms, words and phrases, and their derivatives, as used in the Request for Proposal, Instructions to Bidders, Proposal Forms, etc. shall have the following meanings:  "City" shall mean the City of Arvada.  “Bulk items” are defined as:  Items longer than 6' will not be picked up, disassemble or cut up longer items  Items too heavy for two people to lift will not be picked up.  Acceptable items: Washers, dryers, ranges, dishwashers, microwave ovens, water heaters, bathtubs, toilets, mattresses, lumber furniture, bicycles, carper, doors, swing sets, lawn mowers (fluids must be drained) railroad ties, sections of fencing, auto parts (fluids must be drained) lawn furniture, bed frames, cabinets, tree limbs and stumps over 8 inches in diameter and 6' or shorter. The most common materials included: mattresses, fences, wood, construction debris, car parts, bikes, lawn mowers.  Unacceptable items: Household waste, appliances with Freon, pesticides, paints, commercial waste, car bodies, electronic appliances and waste, tires, concrete, soil, sod, tree limbs, shrubs, grass clippings, sealed Carts or drums, bricks, batteries, corrosives, flammable or combustibles, hazardous waste.  "Compostable material” shall mean food scraps and yard debris materials resulting from landscaping such as grass clippings, leaves, weeds, twigs, pruning, shrub clippings, garden waste, old potting soil and dirt incidental to minor yard work; and also vegetative food scraps, raw and cooked meat, dairy products and bones and food soiled paper products such as napkins and paper towels.  "Hazardous and Flammable Materials" shall mean those materials which are explosive or which would be hazardous to the health, safety and welfare of any Contractors or workers or to those employees in the operation of an incinerator plant for the disposal of refuse. These materials would, by way of illustration, but not by limitation, include and be similar to the following: gasoline, fuel oil, kerosene and other petroleum products as well as chemical products, including a large volume of pressurized Carts, that would be dangerous to the operation of an incineration process and industrial products that would be hazardous or dangerous to the operation of an incineration process.  "Mixed Waste" shall mean a mixture of solid waste, refuse, rubbish, garbage, brush, building refuse and recyclable materials excluding yard waste, generated by a residential dwelling unit.  "Recyclables" shall mean a specific garbage, rubbish or solid waste that is required to be picked up separately for the purpose of recycling. These items shall include, but not be limited to, cardboard, newspapers, paper, junk mail, magazines, glass bottles and jars, aluminum, tin and steel metal cans, plastic bottles, tubs, jugs and jars.  "Residential dwelling unit" shall mean all structures, buildings, premises and/or realty utilized for residential purposes. "Residential dwelling unit" shall not include apartment buildings or multiple family dwelling units consisting of 8 or more. Duplexes are considered to be two residential dwelling units P. "Special Collection" shall mean any collection of refuse at a time other than the regularly scheduled once per week collection, or of a volume or quantity of refuse exceeding the limitations of this Ordinance whether requested by an owner or occupant or done by the City to eliminate a violation of City Ordinances. ---PAGE BREAK--- 10 Award of this RFP is contingent upon further action by the City Council. GOALS OF ORGANIZED WASTE HAULING 1. Improve Arvada’s low recycling rates. 2. Decrease road damage. 3. Decrease noise nuisance and air pollution. 4. Provide additional services to residents (recycle, bulk pick up). 5. Increase street safety for pedestrians, kids, pets, vehicles. 6. Lower cost for residents. SCOPE OF WORK SERVICES REQUIRED: The City of Arvada wishes to consider implementation of an organized waste collection and disposal program. The City is seeking proposals to provide solid mixed waste, recyclable materials and optional compostable material waste collection and disposal services. The City intends to provide mixed waste pick up and curbside recycle, and bulk item pick up as base services to residences within the City. The City is dedicated to delivering a high level of service to enhance the lives of everyone in our community. It is believed that this solicitation will result in enhanced services at a price that may be significantly lower for non-HOA dwellings and provide optional enhance service offerings to HOA communities that will encourage their membership to opt-in. The City intends to provide weekly mixed waste disposal pickups and every other week recycle pickups. Recycled pickups are to be priced as part of the basic services offered to all residential dwelling units. Bulk item pick-up is a required part of the basic program offered to all residential dwelling units in the City and included in the Base Cost fee. Bulk item services will be determined by the Contractor and the City. Compostable disposal will be offered to dwelling units for an optional fee. The term of service, if approved by Council, is projected to begin implementation in June 2020. The City has a full time population of approximately 119,000 residents with an estimated 47,000 households in 33 square miles. Based on Colorado Revised Statute, that excludes multi-family properties of eight or more units from residential waste collection services, the number of households that would qualify for organized waste hauling is approximately 41,400. The number of households anticipated to participate at contract outset is approximately 32,000, with additional households currently residing within home owner associations with contracts potentially opting in over the course of the City’s contract. Pickup routes will be scheduled on Monday-Friday. Scheduled pickup of all basic and optional services (including compost) must occur on the same day for every route. Pick up may occur on Saturday or Sunday after previously designated and approved holidays. The bid package requires the waste Contractor to provide a guaranteed unit price for curbside solid waste, recyclable materials, compost/yard clipping/landscape material collection, disposal services, and bulk pick-up for residential dwelling units. Curbside service shall be in all cases, at or near the public right-of-way on the street and curbside. Residential dwellings will have the option to opt out of the service for basic waste and recycle weekly pickup. These households, however, will be required to pay a minimum service fee and will be eligible for bulk item pickup. Hazardous Household Waste materials will remain under a separate contract with Rooney Road. Mixed Waste Collection and Disposal. The Contractor shall provide, once a week, collection, transportation, and disposal of all mixed waste placed at curbside from residential dwelling unit according to the agreed Trash Collection Schedule. ---PAGE BREAK--- 11 Award of this RFP is contingent upon further action by the City Council. Recyclable Materials. At a minimum of every other week and on the same day as mixed waste collection, the Contractor shall collect, transport and dispose of recyclable materials placed at the curbside by residential dwelling units. All collected recyclable materials shall be delivered to a materials recovery facility registered as a recyclable material processor with the State of Colorado for processing and marketing. Recyclable materials must be collected in separate Carts, but on the same day as mixed waste. An extra Cart will be provided by the City to dwellings upon request and will be picked up by the Contractor at no additional charge. Recyclable materials shall be collected in a single co-mingled stream. The cost of recycling collection should be embedded in the cost of mixed waste collection. Optional weekly household food compost/landscape clippings/food scraps. The Contractor shall offer a weekly collection, transportation and disposal of Compost/yard clippings/landscape material placed at curbside by residential dwelling units. Yard waste must be collected separately but on the same day as the mixed waste. All compostable food and yard waste materials must be delivered to a facility that is approved by the State of Colorado. The cart shall not be smaller than 64 gallons. Volume based pricing. The City is contemplating volume based pricing options to encourage customers’ reduction in trash removal, while maximizing the amount of recyclables and compostables processed. Trash containers shall be available in sizes of 96, 64 and 32 gallons. Recycling containers must be provided in a 95- or 96-gallon size. The base bid amounts will be added to the cart sizes selected to determine the total billed to each dwelling. Overflow trash. Should volume based pricing be awarded, contractors will document and charge for trash left outside the trash container through a fee-based program. Respondents shall provide the price per overflow unit and a description of how the program will be administered, including an automatic increase in container size if the customer has overflow trash on a regular basis, as defined as more than 25% of collection days in one quarter. Bulky item collection. The City wishes to provide bulk item services to residents (excluding HOAs if they are not in the program). This would be considered the base level of service. The City will consider multiple options for this service, as provided by the Contractor. Service offerings that may be considered include, but are not limited to, one free quarterly collection per household, annual or more frequent neighborhood curbside collection events, centralized drop-off events or other creative service offerings as outlined in the proposal. In addition, Contractors are required to submit a price for any additional bulky item collections requested by the residence and billed directly to the residence. Bulk item pick-up should clearly list any size limitations and provide pricing for bulk items on a unit cost basis. Billing Data Reporting. The City will consider the option to have the City invoice residential dwelling units for the organized waste hauling or include a service fee for the Contractor to invoice the service. The successful Contractor and the City will work together to develop a format for reporting of Billing data. The contractor shall bill the City every other month on a per account basis for services provided. If this option is selected, the collection of fees will be the sole responsibility of the Contractor as an agent of the City. The City retains the right to bill the customer for trash and recyclables collection and any other customer-selected services included in this scope as a part of a City utility bill. Residential Dwelling Units. Residential Dwellings are defined as single family homes and attached units of seven or less units. The Contractor shall provide service to each residential dwelling unit. In addition, the number of residential dwelling units within the City may change during the life of the Contract as the population grows and as HOAs opt-in to the program. The City will continue to assist in providing a list of the residential dwelling units to be serviced under the Contract. ---PAGE BREAK--- 12 Award of this RFP is contingent upon further action by the City Council. The City estimates the total participating households at contract onset to be (Total City of Arvada residential addresses) – (Multi-family residences with 8 or more units) – (HOAs with existing waste hauling contracts) = 32,000 households. Estimate 22 Private Agreements by HOAs. The collection of residential waste, recycle (and optionally compost) is to begin with all non-Home Owners Association (HOA) residential dwellings. HOAs without existing waste hauling contracts will begin service with non-HOA dwellings. The City makes no express obligation that phasing in of all HOAs will be completed during the initial contract term. The City anticipates that current Home Owners Association contracts may continue, however, they will have the option and be encouraged to opt in sooner as they may desire to offer their residents the optional compost service. Refuse Removal for Non-Contract Waste and Special Collection. A property owner requesting the removal of non-contract waste or special collection may contact the Contractor to provide the property owner a price quotation for all costs associated with the removal and disposal. The property owner shall sign a form authorizing the Contractor to remove the material and bill the property owner directly the price quoted. Physically Impaired Carry-Out Service. The Contractor shall upon request by the City, as an integral part of its services and at no additional cost to the Customer provide for carry-out Refuse and Recycling service for Customers who are physically unable to move their Refuse and/or Recyclables carts to the regular collection area. Such carry-out service shall be provided by drivers, taking the residential container from the Customer’s home to the collection location, dumping the container, and returning the container to the Customer’s home. The City shall provide a list of those Customers who are eligible to receive this special service, and the City may periodically update this list as necessary. The Contractor and City shall determine criteria for eligibility. Improperly Prepared Materials. When the Contractor encounters Refuse or Recyclables not authorized for pick-up, or encounters improperly prepared Refuse or Recyclables, the Contractor shall leave the unauthorized or improperly prepared Refuse or Recyclables and shall complete a written notice to the Customer, to be left at either the main entrance to the Customer’s residence or on the unauthorized or improperly prepared materials or container holding the same. Such notice shall provide a brief explanation concerning the unauthorized or improperly prepared materials and what can be done to resolve the problem. Notwithstanding any part of the foregoing, the Contractor may, but shall not be obligated to, collect the unauthorized or improperly prepared materials and dispose of the same as Master Address Assigned Residential Addresses Residential Sub Type Count TOWNHOME 4,535 SINGLE-FAMILY 35,410 DUPLEX 1,493 TOTAL 41,438 Master Addresses Assigned w/ HOA Waste Hauling Contract * Residential Sub Type Count TOWNHOME 1,559 SINGLE-FAMILY 7,589 DUPLEX 289 TOTAL 9,437 ---PAGE BREAK--- 13 Award of this RFP is contingent upon further action by the City Council. Refuse, so long as it provides the Customer with written notice of the unauthorized or improperly prepared materials in accordance with this paragraph, along with a statement that the same has been disposed of as Refuse. Districts. The City MAY be divided into three “districts.” Contractors are therefore encouraged to submit Proposals with options for one or more districts or combination of districts. The City may choose to award any combination of districts to one or more Contractors. Operational Specifications A. Contractor Performance. The Contractor agrees that it will perform all the work and meet all of the requirements; it will provide, at its own expense, all labor, materials, equipment or accessories necessary to perform the work in accordance with the Contract Documents; and it will accept as payment in full for such work and services compensation based on the proposed schedule of rates. B. Inspection by Bidder - Each bidder is encouraged to examine carefully all conditions affecting the collection, transportation, handling and disposal of the solid waste, recyclable materials and compost/yard clippings/landscape material in the City and to make all necessary investigations to acquaint themselves with the quantity and character of materials to be handled under the Contract. C. Schedules and Routes. The Contractor shall operate according to an agreed upon Collection Schedule. Prior to the commencement date of the contract, the contractor shall furnish to the City its confirming collection schedules and route maps for each section of the City. Any changes to the initially established collection schedules and routes shall be furnished to the City for the City's review and approval. Pickup routes may be scheduled Monday-Friday. Pickup of all basic service and optional compostables must occur on the same day for every route. The bid package requires the waste Contractor to provide a guaranteed unit price for curbside solid waste, recyclable materials, compost/yard clipping/landscape material collection, disposal services, and bulk pick-up for residential dwelling units. Curbside service shall be in all cases, at or near the public right-of-way on the street and curbside. The Contractor shall, at its own expense by written notice with postage prepaid and forwarded through the United States mail or by personal delivery, notify each owner or occupant, annually, of the day of the week on which mixed waste, recyclable material and compostable materials shall be collected and any changes to such schedule. This notice shall contain the following information: the day of the week upon which Collections will be made; the name, address and telephone number of the Contractor; the proper location for the Carts pending collection, and the time of day at which Carts must be so placed. The work shall be confined to street right-of–ways or other land controlled by the City or as directed by the City. The Contractor will provide alley collection of refuse, recyclables and compostables to all areas of the City with alleys. In areas where alley service is provided, contractor shall not be required to additionally provide curbside service except in such circumstance where homes are isolated from alleys. Site access will be limited to normal working hours unless otherwise provided in the contract or directed by the City. In the event of inclement weather that prevents the collection of Refuse and/or Recyclables on the scheduled day, the make-up day shall be the following day. ---PAGE BREAK--- 14 Award of this RFP is contingent upon further action by the City Council. Holidays shall be New Year’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day, unless otherwise determined by the City and the Contractor. If the holiday falls on a collection day, then the next business day following the holiday may be an authorized collection catch up day. D. Collection Trucks and Equipment. The Contractor shall make all collection of mixed waste, recyclable material and compost/yard clippings/landscape material and shall transport same to the disposal location, in and by the use of modern sanitary collection vehicles, which are completely enclosed. The Contractor shall provide a sufficient number of trucks during those periods of the year when waste collections are at peak volumes (e.g. spring, fall) to ensure that all routes are completed within the time limits set forth herein. The Contractor shall provide and maintain during the entire term of the Contract a fleet of such collection vehicles and support or backup vehicles sufficient in number and capacity to efficiently perform the work and render the services required of it by the Contract. In the event of the Contractor's equipment failing, the Contractor shall take immediate action to have the equipment properly removed from its location to the Contractor's maintenance facility. The equipment shall be cleaned regularly and maintained in good condition and order. Each piece of equipment shall be assigned a number, which shall be clearly painted on the side doors of the cab along with the Contractor's name. The Contractor shall not use a name implying municipal ownership. The contractor shall immediately clean-up spills or leaks resulting from equipment failure or refuse. Waste will be picked up in Carts whose lids are propped partially open. E. Contractor Maintenance Facility. The Contractor shall identify the storage and maintenance facility, as well as the staging location, if any, in their submitted bid. F. Cart Ownership. The City is considering options for the purchase or lease carts with wheels and lids, and would like to explore pricing options with either the Contractor or the City purchasing the carts. The City may buy the trash and recycle carts or may consider options for the successful Contractor to purchase the carts and lease to own back to the City. The City retains ownership of the carts at the end of the original term of the Agreement. In the case of default by the Contractor, the City shall have the right to take immediate possession, without compensation to the Contractor, of all organic containers/carts. If a volume based program is selected, at the start of the program, the Contractor is responsible for contacting the residents to determine choice of carts sizes. During the initial 180 day implementation of the program, residents may exchange cart sizes at no additional fee. After that period, exchanges may be made once annually at no charge. The City maintains the exclusive right to use City logos or messaging on carts. Any other message, graphic or logo is expressly forbidden. The carts will remain the property of the City at the end of the contract term. The cost of cart purchase should not be included in any Contractor service pricing. Waste Cart Care, Replacement and Management. The maintenance, repair and replacement of carts will be the sole responsibility of the contractor. Contractor shall be responsible for providing storage, maintenance and deployment of appropriate containers to households in the contracted area initially and as the level of service changes. In all cases, the cost of repair or replacement of containers shall be borne by the Contractor. The Proposal shall provide information detailing how requests for repairs, replacement and changes in container sizes will be accommodated. ---PAGE BREAK--- 15 Award of this RFP is contingent upon further action by the City Council. The Contractor shall exercise all reasonable care and diligence in handling Carts. The Contractor must exercise due care in preventing damage thereto and shall replace Carts in an erect position with the lids replaced. In the event the Contractor damages a Cart(s), the Contractor shall be responsible to replace said Cart(s) with one of equivalent value at Contractor's expense and within forty-eight (48) hours (excluding Saturday and Sundays). Spare carts will be stored and managed by the Contractor. Vendor must provide cart repair at no extra charge for labor (broken lids and wheels) and delivery of the replacement carts. Replacement carts and repair parts will be provided at the Contractor’s expense. Graffiti must be removed from carts or the cart must be replaced within one week after notice by the City. G. Office. The Contractor shall be responsible for providing all customer service functions including informing customers of current services, handling customer requests, and resolving customer complaints. The Contractor shall maintain a local Denver metro office for the receipt of service calls and complaints. Such office shall be open and available for such calls Monday through Friday of each week from 8 a.m. to 5 p.m. The Contractor shall provide an employee attendant during all hours that such office is required to be open to take care of complaints, orders for special pickup service, or to receive instructions. The Contractor shall maintain a real time app or web site link for customer service and education purposes. H. Complaints. The Contractor shall respond to all complaints concerning the collection, transportation and disposal of waste. The Contractor will provide a report of these complaints to the City. Any complaints received by the City will be forwarded to the contractor for review and disposition. Every complaint shall be investigated by the Contractor. I. Disposal Site. The Contractor shall dispose of all mixed waste, recyclable material, yard waste and bulky items collected for the duration of the Contract. The Contractor shall secure any and all permits, licenses, privileges or rights of any nature whatsoever necessary for the collection and disposal of waste materials from the appropriate governmental agencies. The Contractor shall abide by any and all rules and regulations that are imposed by any authorized agency or unit of government. The Contractor shall be responsible for paying all disposal fees and other financial obligations for all materials collected and disposed of at the disposal facilities. The Contractor assumes the risk of all governmental surcharges and costs of operation. The Contractor shall make all arrangements necessary for any short time storage of all waste materials collected. Each bidder shall provide the City with the operating license of each of the disposal site(s) to be utilized prior to the award of the Contract. In the event it becomes necessary for the Contractor to change the disposal site(s) during the term of the Contract, the Contractor shall notify the City in writing. A copy of the facility's license shall be submitted to the City. J. Permits and Licenses. The Contractor shall secure any and all permits, licenses, privileges or rights of any nature whatsoever necessary for the collection and disposal of waste materials from the appropriate governmental agencies. The Contractor shall abide by any and all rules and regulations that are imposed by any authorized agency or unit of government. Each bidder shall provide the City with the operating license of each of the disposal site(s) to be utilized prior to the award of the Contract. In the event it becomes necessary for the Contractor to change the disposal site(s) during the term of the Contract, the Contractor shall notify the City in writing of said change and submit documents verifying the facility’s license. K. Fees. The Contractor shall be responsible for paying all disposal fees and other financial obligations for all materials collected and disposed of at the disposal facilities. The Contractor assumes the risk of all governmental surcharges and costs of operation. All missed pick-ups must be credited on the next billing cycle. ---PAGE BREAK--- 16 Award of this RFP is contingent upon further action by the City Council. L. Reports. The Contractor shall provide reports on customer service metrics, including issue resolution, as well as other reports including material tonnage. M. Recyclables. The recyclable materials collected through recyclables collection services will become Contractor property. Contractor shall deliver recyclables to a materials recycling facility registered as a recyclable material processor with the State of Colorado. Contractor shall not dispose of recyclable materials collected in the recycling stream in a landfill. If a recycling load is rejected by the materials recycling facility, the occurrence must be documented and reported to the City, including volumes and reason for rejection. Contractor shall provide to the City the names and locations of facilities to be used for the processing of recyclables. N. Compostables. The compostable materials collected through weekly compost collection services and yard waste pickup events will become Contractor property and shall be delivered to a compost facility that participates in the US Composting Council Seal of Testing Assurance Program. Contractor shall not dispose of compostable materials collected in the compost stream in a landfill. If a compostables load is rejected by the compost facility, the occurrence must be documented and reported to the City, including volumes and reason for rejection. Contractor shall provide to the City the names and locations of facilities to be used for the processing of compostables. O. Customer Service Contractor will work closely with the City to provide service-oriented information to residents and for developing and executing public education to encourage waste reduction and diversion. Start-up Outreach: Sixty (60) to Ninety (90) days prior to the commencement of the trash and recyclables collection services, Contractor shall provide a City dedicated website/page acceptable to the City with information (in Spanish and English) on the specifics of the trash and recyclables collection program and additional services, including, but not limited to:  complete list of fees and services offered to each customer  information on additional services available to customers including weekly compost, door- to-curb service, etc.  collection schedule  listing of what materials can go into the recyclable materials container  listing of what materials can go into the compost materials container  instructions on the proper handling of the collection containers  instructions on changing container size  instructions on what customers are to do with trash that does not fit into the collection containers  customer service contact information for questions and complaints P. Reporting - Contractor shall provide or quarterly report including:  Number of customers per level of trash service  Number of customers subscribed to compost collection service  Tonnage of trash material collected from weekly collection  Tonnage of recyclable materials collected and destination  Tonnage of compostable material collected from weekly collection and destination  Tonnage of material collected from each bulky item pickups events and destination  Number of customers subscribed to door-to-curb services  Cart inventory, including number of containers by size that are in service, in storage, and broken  Log of customer complaints and resolutions  Log of the dates of missed collections and responses;  Log of vehicle accidents and traffic violations within the City involving the Contractor’s vehicles  Contractor shall include a sample report with the Proposal. ---PAGE BREAK--- 17 Submission Requirements: A. Describe your capability to fully assume responsibility for waste collection and disposal in the City in accordance with the Bid Package. Describe your experience in furnishing solid waste, recyclable material and compost/yard clipping/landscape material collection and disposal services for similar size municipalities, other Front Range Communities or Home Owner Associations. B. Identify how many customers your firm currently has in the City of Arvada (per District if you are quoting by District) or total C. Describe your involvement in recycling, waste reduction, marketing of recyclable materials and related public education and resource recovery awareness programs. D. Proposals shall list all sub-contractors/sub-Contractors intended to be providing any parts of the service, including company names, contacts, address, phone, and email address(es). E. Identify all municipal customers and all Colorado Front Range Home Owners Associations with whom you currently provide, or have provided within the last five calendar years, municipal waste collection and disposal services. Such list shall identify the persons to be contacted, their position, address and telephone number. F. Provide details of any internal safety based programs implemented to ensure safe operations. Additionally, submit any community based safety initiatives or programs that have been implemented in conjunction with the communities they serve including examples of program results. G. Describe your process for communicating with residents and the City when there is any service delay due to weather, equipment or other acts. This communication includes the bidder's approach to resuming/rescheduling services. H. Please provide proposed Cart specifications including manufacturer, model, warranty and graffiti resistance. The Contractor shall identify how requests for cart repair and replacement will be handled and how changes in cart size will be accommodated. I. Describe your plan for collecting and disposing of rubbish, recyclables and compostable materials according to the Collection Schedule. This plan should include the number of trucks, types of trucks, equipment that will be purchased to augment the current fleet, number of employees, the completed table below and any other information you deem necessary. J. Describe your plan for collecting bulk items from residents, including frequency of collection, equipment used, materials accepted, proposed collection schedule and any other relevant information. K. Please detail your proposed service fee and process for managing overflow trash from residents. L. Describe proposed customer support and service plans to be provided to residents. Include sample service reports and an escalation plan for service issues. Describe your process for customer service including methods for residents to contact your company (phone, email, or other means), and your procedure for responding to customer service inquiries. ---PAGE BREAK--- 18 M. Provide an inventory of proposed vehicles that would be servicing City residents in a format similar to the chart below. Please note fleet efficiency goals. MIXED WASTE AND RECYCLE VEHICLES Year of Make of Model of Vehicle Fuel Source Vehicle Vehicle Vehicle ID Number N. Provide the names and a brief professional biography or resume of the individuals that will be managing and/or supervising services to the City of Arvada. Include billing, site management and customer service personnel. O. Describe how your company would transition to being the City's Organized Waste Contractor. Specifically, how will you communicate with residents about the change in service providers; how you will deliver Carts; how you will inform residents of any changes to their services; and how you will be assured that residents are aware of any changes. P. Provide any corporate information (brochures, information packages) that you think will be useful to the City's understanding of your corporate capabilities, mission and vision. Q. Detailed statement of experience in municipal solid waste, recyclable material and yard clipping collection and disposal. R. List of disposal sites intended to be used. S. Storage, maintenance, staging facility and office locations. T. The names and addresses of all owners, partners, officers and/or shareholders or other persons financially interested in this Proposal. U. Creative options for service, such as additional collection services, education programs, marketing programs or other program elements. V. Name and address of the Insurance Company(s) who will be providing the insurance policies required by the contract: Workers Compensation, Commercial Automobile Liability Coverage, Commercial Liability Coverage, Umbrella Liability, Pollution Liability Coverage. W. A violation record concerning past and pending civil claims and criminal investigations, as well as prior judgments and determinations against the bidder and its affiliates within the last ten (10) years of the following types of laws, regulations or ordinances which are under the jurisdiction of various departments of the State of Colorado: Environmental: Department of Natural Resources; Safety: Occupational Safety and Health Department; Health: Occupational Safety and Health Department; Price Fixing: Anti-Trust: Fraud: ---PAGE BREAK--- 19 REQUIRED CONTRACTOR SUBMITTAL FORM SUBMITTED BY: Company Name: Contact Names: Sales/Customer Service: Address: Phone: Email(s): The undersigned hereby affirms that:  He/she is a duly authorized agent of the Contractor;  He/she has read all Terms and Conditions and technical specifications made available in conjunction with this solicitation and fully accepts and acknowledges this offer is consistent with the specifications and terms and conditions, unless specific variations have been clearly and expressly listed in the offer.  The Offer is in all respects fair, without outside collusion or otherwise illegal action.  The bid has been arrived at by the bidder independently and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with, any other bidders or Contractor of materials, supplies, equipment or services described in the Request for Bids, designed to limit independent bidding or competition. Signature of Authorized Agent Date FEIN Typed/Printed Name of Agent Title of Agent Agent email PAYMENT TERMS: If the Contractor does not accept a percentage discount, the City standard is net thirty (30) days after the date that the City receives an accurate invoice and has accepted the product or service. Payment is the date of the check mailing. Discount: Days, Net: 30____Days, VARIATIONS: The Contractor shall identify all variations and exceptions to any RFP documents. Submittal of a Contractor Contract is considered excessive in Variations and may be cause for determining that the Bid/Offer is non-responsive and ineligible for award. For each variation listed, reference the applicable section of the solicitation document as per the example below. If no variations are listed here, it is understood that the Contractor's Offer fully complies with all terms and conditions. Attach additional Variation sheets in the same format as below after starting the first three on this page. Page Item # or Section: Variance Page Item # or Section: Variance Page Item # or Section: Variance ---PAGE BREAK--- 20 SUBMITTAL INSTRUCTIONS: Proposals shall be submitted in the order listed below with each section clearly identified.  Submit ON-LINE or as instructed on the cover page.  Cover & Executive Summary.  Detail Firm’s and employees’ Capabilities, Experience, Licensing, and Compliance Status.  Details of Proposal – Proposed products & services, implementation timeline and warrantees as requested in the submittal requirements.  Completed City Submittal Forms including this sheet and all other attachments specifically requested.  Pricing – All fee associated with the proposal. The City is requesting more than one program to be priced so our Council and residents may make a fully informed decision. Contractors are not required to price every option.  Performance Measures, when an applicable service.  Insurance – Checking this box accepts that the insurance requirements listed by the City are acceptable unless listed in the variations on the previous page.  CONFIDENTIAL information, if any, MUST be stamped as such on each page and submitted separately.  Please initial to acknowledge Addenda, if any, have been considered in your proposal: #1 #2 #3 REFERENCES:  Check here if Firm’s standard reference sheet is attached, otherwise, use the space below. Name: Contact Person: Address: Telephone No: Email: Name: Contact Person: Address: Telephone No: Email: Name: Contact Person: Address: Telephone No: Email: ---PAGE BREAK--- 21 PRICING FORM All service options include: weekly collection and disposal of mixed waste (trash), every other week disposal of recycled materials, bulk item pickup and optional compost/landscape materials pickup for an additional fee. Base cost includes bulk pick up. Contractors are not required to price every option. OPTION A – AWARD TO SINGLE CONTRACTOR CITY-WIDE (approx. 32,000 households) VOLUME BASED PRICING - RESIDENTS SELECT 32, 64 or 96 GALLON CARTS. 96 GALLON RECYCLE CART SERVICE IS INCLUDED. Base Cost * + Household, per month 32 Gallon waste cart $ household, per month OR 64 Gallon waste cart $ household, per month OR 96 Gallon waste cart $ household, per month TOTAL Household, per month Charge for Contractors to perform BILLING/Accounts Receivable services for this option 6 times per year, every other month: OPTION B - AWARD TO SINGLE CONTRACTOR CITY-WIDE (approx. 32,000 households) ALL PARTICIPATING RESIDENTS RECEIVE THE SAME SIZE 96 GALLON TRASH CART. 96 GALLON RECYCLE CART SERVICE IS INCLUDED. Base Cost* plus + Household, per month 96 Gallon cart Household, per month TOTAL Household, per month Charge for Contractors to perform BILLING/Accounts Receivable services for this option 6 times per year, every other month: ---PAGE BREAK--- 22 PLEASE REFER TO THE DISTRICT MAP ATTACHED for OPTIONS C-H OPTION C – DISTRICT 1 ONLY VOLUME BASED PRICING - RESIDENTS SELECT 32, 64 or 96 GALLON CARTS. 96 GALLON RECYCLE CART SERVICE IS INCLUDED. Base Cost* + Household, per month 32 Gallon waste cart $ household, per month OR 64 Gallon waste cart $ household, per month OR 96 Gallon waste cart $ household, per month TOTAL Household, per month Charge for Contractors to perform BILLING/Accounts Receivable services for this option 6 times per year, every other month: OPTION D – DISTRICT 1 ONLY ALL PARTICIPATING RESIDENTS RECEIVE THE SAME SIZE 96 GALLON TRASH CART. 96 GALLON RECYCLE CART SERVICE IS INCLUDED. Base Cost* + Household, per month 96 Gallon cart Household, per month TOTAL Household, per month Charge for Contractors to perform BILLING/Accounts Receivable services for this option 6 times per year, every other month: ---PAGE BREAK--- 23 PRICING OPTION E – DISTRICT 2 ONLY VOLUME BASED PRICING - RESIDENTS SELECT 32, 64 or 96 GALLON CARTS. 96 GALLON RECYCLE CART SERVICE IS INCLUDED. Base Cost* + Household, per month 32 Gallon waste cart $ household, per month OR 64 Gallon waste cart $ household, per month OR 96 Gallon waste cart $ household, per month TOTAL Household, per month Charge for Contractors to perform BILLING/Accounts Receivable services for this option 6 times per year, every other month: OPTION F – DISTRICT 2 ONLY ALL PARTICIPATING RESIDENTS RECEIVE THE SAME SIZE 96 GALLON TRASH CART. 96 GALLON RECYCLE CART SERVICE IS INCLUDED. Base Cost* + Household, per month 96 Gallon carts Household, per month TOTAL Household, per month Charge for Contractors to perform BILLING/Accounts Receivable services for this option 6 times per year, every other month: ---PAGE BREAK--- 24 OPTION G – DISTRICT 3 ONLY. VOLUME BASED PRICING - RESIDENTS SELECT 32, 64 or 96 GALLON CARTS. 96 GALLON RECYCLE CART SERVICE IS INCLUDED. Base Cost* + Household, per month 32 Gallon waste cart $ household, per month OR 64 Gallon waste cart $ household, per month OR 96 Gallon waste cart $ household, per month TOTAL per household, per month Price per overflow unit Charge for Contractors to perform BILLING/Accounts Receivable services for this option 6 times per year, every other month: OPTION H – DISTRICT 3 ONLY. ALL PARTICIPATING RESIDENTS RECEIVE THE SAME SIZE 96 GALLON TRASH CART. 96 GALLON RECYCLE CART SERVICE IS INCLUDED. Base Cost* + Household, per month 96 Gallon carts Household, per month TOTAL per household, per month Charge for Contractors to perform BILLING/Accounts Receivable services for this option 6 times per year, every other month: ---PAGE BREAK--- 25 CHARGES FOR ADDITIONAL OPTIONAL SERVICES I. Added cost for Contractor to purchase trash/mixed waste carts. 32 Gallon waste cart $ household, per month 64 Gallon waste or compost cart $ household, per month 96 Gallon waste or recycle cart $ household, per month II. Compost added to any option $ household, per month III. Optional upgrade for door to door service $ household, per month IV. Additional Bulky Item Collection $ Item V. Price per overflow unit Price per overflow unit Price per overflow unit Price per overflow unit VI. Charge for cart exchange more than twice per year exchange (not per cart) Bid Bond – NO Bid bond will be required. Performance Bond. The Contractor shall, at its sole cost and expense, obtain and maintain during the life of the Contract, a corporate surety bond with a United States Surety Company authorized to do business in the State of Colorado and found acceptable by the City attorney, in the amount of Two hundred and fifty thousand and 00/100 ($250,000.00) Dollars to guarantee full performance of its obligations and faithful adherence to all requirements of the Contract Documents. The Contractor shall provide this corporate surety bond to the City no later than thirty (30) days prior to commencement of operations. The bond shall contain the following endorsement: ---PAGE BREAK--- 26 SAMPLE PERFORMANCE AND PAYMENT BOND Bond No. (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter called Principal; and (Firm) (Address) hereinafter called Surety, are held and firmly bound unto the City of Arvada, a Colorado municipal corporation, 8101 Ralston Road, Arvada, Colorado 80002, hereinafter called the City, in the penal sum of $250,000, Dollars, in lawful money of the United States, for the payment of such sum will and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION are such that the Principal entered into a certain Contract with the City, dated the day of , 2019, a copy of which is hereto attached and made a part hereof, for the performance of City of Arvada Project No.’s . NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City, with or without Notice to the surety and during the life of the guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, and if he shall make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of which shall be deemed an original, this the ___day of 2019. IN PRESENCE OF: Address (Corporate Seal) (Surety Seal) SURETY Attorney___________ in Fact Address Note: If Contractor is Partnership, all partners should execute Bond. Important: Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the City. ---PAGE BREAK--- HYATT LAKE KELLY LAKE BERKELEY LAKE LAKE RHODA STANDLEY LAKE SMART RESER- VOIR WELTON RESERVOIR UPPER LONG LAKE HIDDEN LAKE BROAD LAKE JIM BAKER RES. POND LAKE LAKE ARBOR LEYDEN LAKE RALSTON RESERVOIR TUCKER LAKE ARVADA/BLUNN RESERVOIR WARD ROAD POND UPPER OBERON LAKE LOWER HAYES LAKE VERN LAKE MEADOWLAKE LAKE FOUR ACRE LAKE POMONA LAKE LONG LAKE WOMAN CREEK RESERVOIR W. 72nd Ave Ward Rd Wadsworth Blvd Sheridan Blvd W. 80th Ave W. 88th Ave Alkire St Simms St W. 64th Ave Ralston Rd W. 52nd Ave Indiana St WXYZÿ WXYZ¹ I} DATE: 5/20/2019 WASTE HAULING RFP The maps provided are graphical representations intended for general informational purposes only, and may not reflect the most current information or conditions. THE CITY OF ARVADA MAKES NO WARRANTY OF MECHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR A PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE GRAPHICAL REPRESENTATIONS OR THE UNDERLYING DATA. Any users of these graphical representations or map products accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility for the use thereof, and further covenants to hold the City harmless from and against all damage, loss, or liability arising from the use of this map product, in consideration of the City's having made this information available. L E G E N D 0 1 2 0.5 Miles E G:\GIS_Data\MXD\City_Manager\Waste_Hauling\WasteHauling_RFP_Districts.mxd District Boundary District 1 - 13,686* Households District 2 - 14,070* Households District 3 - 13,684* Households HOA locations Current Waste Hauling Contract No or Unknown Waste Hauling Contract Interstate Regional Highway Major Roads Local Roads * Residential Assigned Address Count. Single Family, Duplex, and Townhomes ---PAGE BREAK---