Loading...
HomeMy WebLinkAboutR3 CONSULTING - CONTRACT - RFP - P1109 TRASH SERVICES STUDYPROFESSIONAL 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 R3 Consulting Group Inc., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ten (10) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence within five (5) days of signing and shall continue in full force and effect until June 24, 2008 unless sooner terminated as herein provided. Final report must be delivered to the City of Fort Collins by June 6, 2008, 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: R3 Consulting Group Inc. City of Fort Collins City of Fort Collins, Purchasing 4811 Chippendale Drive Ste 708' Attn: Ann Turnquist PO Box 580 Sacrament, CA 95841 300 LaPorte Ave Fort Collins, CO 80522 Fort Collins, CO 80521 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the • Regulatory; • Financial; and • Contractual. Quantifying and Minimizing Vehicle Impacts Our approach to quantifying and analyzing options to minimize vehicle impacts is also designed to draw upon our extensive hands on experience assisting jurisdictions with analyzing vehicle impacts and implementing options to minimize those impacts. Those options are expected to include co -collection systems, alternative fuels (e.g., low sulfur diesel, biodiesel, LNG, CNG), regulatory requirements and others. Schedule We are sensitive to the City's schedule. To facilitate the analysis we will prepare a preliminary Draft List of Options in advance of, and for discussion as part of the Task 2 Kick -Off Meeting. We will also provide a draft of our proposed Comparative Options Matrix that is intended to serve as a summary comparison of the various options. Scope of Work Task 1 Information Request Upon authorization to proceed, R3 will provide the City wit General h • City Municipal Code and ordinances related to solid waste; • Number of residential solid waste accounts; • Annual diversion tonnage information including tons by program, annual diversion rate supporting calculations, etc.; • Relevant background reports and documents; and • List of jurisdictions the City uses to benchmark performance, if any. Street and Street Maintenance Data • Vehicle count and classification data (e.g., percent of trucks vs. cars) by street type (local, collector, arterial); • Street maintenance expenditure data by type of expenditure (e.g., pavement vs. non - pavement) and street type, or as otherwise available; • Street maintenance funding data by source (e.g., Federal, State, Local, General Fund) by type of expenditure and street type, or as otherwise available; • Number of local, collector and arterial street lane miles; and • Other relevant data, as necessary. Residential Trash Hauler Data • Number and type of residential collection vehicles operating in City (solid waste, recycling, yard waste); • Total number of weekly vehicle miles driven, and number of weekly miles driven on residential streets by collection vehicle type; • Axle distribution profiles for each vehicle type (or if not available, number of rear axles, vehicle gross weights, tare weights and legal capacities); • Average vehicle payload by collection vehicle type; • Average number of passes each vehicle makes down a residential street segment; and • Other relevant data, as necessary. Note: To the extent that requested data is not available R3 will work with City staff to develop reasonable assumptions and/or R3 will provide industry standard data as necessary. Task 2 Meetings Task 2.1 Kick -Off Meeting R3 Project Staff will hold a Kick -Off Meeting with City staff within two weeks of receipt of authorization to proceed. The purpose of the Kick -Off Meeting will be to review and discuss/confirm the following: • Project communication protocol and contacts; • Project objectives; • Project work scope and deliverables; • Schedule and format for deliverables; • Data availability; • Opportunities for incorporating Industrial Ecology concepts into the project deliverables; and • Additional data needs and any other key issues. These discussions will help ensure a successful project by clarifying the objectives and expectations of the City. Task 2.2 Follow -Up Staff Meetings Immediately following the Kick -Off Meeting R3 Project Staff will hold meetings with appropriate City staff to, among other things: • Review City's current policies, practices and programs in detail (in support of Task 3 below); • Review available street maintenance and related information (in support of Task 4 below); • Review relevant analysis conducted to date; • Develop a draft list of diversion, districting and other options to be considered, including those identified in the recent report "Fort Collins Solid Waste 5-Year Strategic Plan; Strategies to Reach 50 percent Diversion from Landfill Disposal; and • Discuss potential format for various project deliverables (e.g., Comparative Options Matrix). In support of the forth and fifth bullets above, R3 will prepare a preliminary Draft List of Options, that will include a preliminary Draft List of Collection System Alternatives, and a draft Comparative Options Matrix for discussion as part of this task. As part of the review of the Comparative Options Matrix we propose to work with City staff to determine the specific criteria that will be used for the evaluation. As specified in the City's RFP those criteria are to include impacts on street conditions, air quality, neighborhood esthetics, safety, noise and estimated cost of implementation. We also propose to include evaluation of: • Additional diversion potential; • Potential impacts on current haulers;' • Potential impacts on costs to customers; • Impact to customers for ease of use and quality of service; • Ease of implementation and required lead time; • Administrative requirements; and • Other criteria as agreed to with City. Task 2.3 Hauler Meetings If requested by the City, R3 Staff will also be available to meet with the residential haulers to discuss the project objectives, data needs, answer questions, etc. We have assumed that any such meeting(s) will be scheduled on the day of the Task 2.1 Kick -Off Meeting or the following day and that the City will schedule any such meeting(s) it deems appropriate. Task 2 Deliverables: • Kick -Off Meeting Agenda; • Preliminary Draft List of Options; • Preliminary Draft List of Collection System Structure Alternatives; and • Preliminary Draft Comparative Options Matrix. Task 3 Review Current Policies, Practices, and Programs to Meet 50 Percent Diversion Goal Our approach to this engagement is designed not to recreate the wheel, but effectively build upon the good work that has already been completed by the City. The first step in doing so is to have a full understanding of the City's current policies (e.g., "pay -as -you -throw" and recycling ordinance), practices and programs, and review relevant analysis and reports that have been developed. Obtaining that understanding will start with our review of relevant documents that have been provided in advance of the Task 2 Kick -Off Meeting. We have reviewed a number of those documents as part of the preparation of this proposal and will review all other available documents that are provided. Information gathered from those documents will be used to prepare the preliminary Draft List of Options for discussion as part of Task 2.2 above. Additional review and analysis will be conducted following the Kick -Off Meeting as part of this task. Task 3.1 Review Existing Data and Practices 3.1.1 Review Ordinances / Evaluate Opportunities to Improve Diversion The City's recycling ordinances and incentive / promotion programs will be evaluated to determine opportunities to improve recycling and diversion rates. This review will be coordinated with our broader consideration of options conducted as part of Task 5. As part of our review of the City's ordinances we will reference ordinances from other jurisdictions which we drafted or are familiar with that have been designed to support diversion and/or effective solid waste management efforts. 3.1.2 Evaluate Diversion Rate Metrics and Measurements R3 Project Staff regularly conducts "diversion audits" as part of project work for clients to assure that diversion is being accurately reported. As part of this task we will evaluate the accuracy and effectiveness of the City's metrics and measurements for solid waste and recycling diversion rates (including compost and construction debris). We will comment on the City's current data tracking methods and make recommendations for improvement, as appropriate. One aspect of this task will involve reviewing the extent to which data is tracked by program and sector so that associated diversion rates can be determined. If this is not currently occurring we anticipate recommending changes to the City's tracking systems so that data is available that will allow the City to track diversion rates by individual program and by waste stream (residential, commercial, roll -off). This type of data is critical for diagnostic benchmarking in support of program improvements. Task 3.2 Document "Best Practices" R3 Project staff will identify and document Best Practices in other jurisdictions as they relate to the structure of residential solid waste collection systems and increasing residential diversion. R3 has worked with numerous jurisdictions that have implemented a wide range of solid waste management and diversion policies, practices, and programs, many of which may be effectively incorporated into the various Collection System Structure Alternatives that the City is considering. Those policies, practices and programs will be documented, along with others that we are aware of or that are identified as part of our project specific research, and will be included in the evaluation of options conducted in Task 5. Task 3 Deliverables: • Documentation and evaluation of the City's recycling ordinances and incentive / promotion programs; • Documentation and evaluation of other ordinances and incentive / promotion program options; and • Documentation of Best Practice options to be included in the Task 5 analysis. Task 4 Data Collection and Analysis Task 4.1 Establish Accurate Local Data R3 will use information from the City, local private trash haulers, and other public agencies (e.g., Larimer County and State) to establish accurate local data on impacts of trash collection services on the community. This data will be used in the analysis of trash vehicle impacts conducted in Tasks 4.2 and 4.3. Task 4.2 Analyze Street Maintenance Impact of Trash Trucks 4.2.1 Quantify Trash Truck Impacts Project staff will prepare and present a detailed analysis of the impacts of trash trucks on the City's residential streets, including older streets and those which are built to street standards adopted in 1999, for each of the Collection System Structure Alternatives considered. That analysis will update the information in the 1998 Trash Districting Feasibility Study and establish a new baseline of both the impacts of trash trucks and their allocated portion of street maintenance expenses. Our analysis will be based on the methodology that R3 has successfully used for the last 10 years incorporating specific data from the local haulers and the City, as available. In addition to quantifying trash truck impacts, our project budget also provides for calculating a draft fee that could be charged to haulers to offset their associated street maintenance costs. The fee calculation will be based on the calculated trash truck impacts and the City's current Restricted Funding Shortfall (General Fund Funding Requirement). 4.2.2 Evaluate Other Vehicle Impacts As part of the analysis of trash truck impacts we will prepare a comparative analysis of the impacts of trash collection vehicles and other types of service/delivery trucks, as well as buses. This analysis will be based on estimated vehicle axle weights for the comparative vehicle types. The analysis will be presented in the form of a single vehicle to vehicle comparison. 4.2.3 Evaluate Impact of Overloaded Vehicles Our quantification of the impacts of trash trucks will include an analysis of the impact of overloaded vehicles. The analysis will account for the impacts based on "legal" weights, typical fully -loaded weights and the impact of trash trucks operating at one (1) and two (2) tons over their legal capacities. Task 4.3 Quantify Impacts Related to Trash Collection Task 4.2 is focused on analyzing the impacts of trash trucks on the City's streets. As part of this task impacts to air quality, neighborhood, safety and community aesthetics related to trash collection will be evaluated (quantitatively or qualitatively, as appropriate). As with Task 4.2, the analysis will consider and compare the impacts for each of the Collection System Structure Alternatives considered. This analysis will build upon the analysis presented in the City's 1998 Trash Districting Feasibility Analysis, incorporating additional analysis performed as part of this task. Task 4.4 Consider Market Impacts of Districted Collection R3 Project Staff will conduct research in an effort to identify the market impacts that have been observed in other communities that have districted their trash collection service, such as whether new haulers who were not previously in business in the community, bid on contracts, and if local independent haulers discontinued business under the new system. The results of that research will be included in our Draft and Final Reports. Task 4 Deliverables: • Quantification of trash truck impacts on street maintenance costs for each of the Collection System Structure Alternatives; • Comparison of trash truck street maintenance impacts to other vehicle types; • Evaluation of the street maintenance impacts associated with overloaded vehicles; • Quantification or qualification of trash truck impacts to air quality, neighborhood safety and community aesthetics; and • Presentation of research results on market impacts of districted collection. Task 5 Research and Evaluate Options Task 5.1 Define Options The preliminary Draft List of Options developed as part of Task 2 will be expanded based on the work conducted in Task 3, Task 5.2, and this task resulting in a Final List of Options that will be evaluated in Task 5.3. The list of options will include, but not necessarily be limited to: • Null alternative (no changes to the existing open / competitive system); • Changes and/or additions to regulations affecting trash collection; • Direct involvement by local government in creating a trash collection district whereby districts are bid upon competitively by private haulers; • Alternatives that make improvements to the system without harming existing haulers; and • New recycling initiatives. As discussed in our Approach, one of the focuses of our review is to fully explore changes to the collection system structure in addition to the Null Alternative and Districted Collection alternative. Any such additional Collection System Structure Alternatives will be included in the Final List of Options. Task 5.2 Identify Additional Alternatives R3 Project Team staff will draw upon our collective knowledge and experience, which we will supplement with additional research to identify additional alternatives to those identified in Task 5.1, with respect to both increasing diversion and minimizing trash truck impacts. Those alternatives will be included in the Final List of Options that are evaluated in Task 5.3. Additional alternatives to be considered may include, but are not limited to the following • Technology innovations in hauling industry which may address one or more of the identified issues; • Regulation of haulers to improve either mileage (VMT) such as route planning software, mileage tracking or other methods for addressing the impact of trucks on air quality; • Regulations on the operation of trash vehicles, including weight limitations and enforcement of overweight violations; • Improvements in recycling and diversion rates that may reduce the impact of trash trucks on streets; • Establishment of local environmental fee by City government to pay for waste diversion programs; and • Pursuit of regional solutions. Task 5.3 Evaluate Impacts of Each Option Each option defined in Task 5.1, along with additional alternatives identified in Task 5.2, will be evaluated for its impacts on street conditions, air quality, neighborhood aesthetics, safety, noise, and estimated cost of implementation. As discussed in Task 2.2 above, we also propose to consider the following evaluation criteria as part of the analysis of options: • Additional diversion potential; • Potential impacts on current haulers; • Potential impacts on costs to customers; • Impact to customers for ease of use and quality of service; • Ease of implementation and required lead time; • Administrative requirements; and • Other criteria as agreed to with City. We will present the analysis in the form of the Comparative Options Matrix along with supporting analyses and reference documentation as appropriate. Task 5 Deliverable: • Comparative Options Matrix along with supporting analyses and reference documentation, as appropriate. Task 6 Meetings & Reports Task 6.1 Meetings R3 understands that the City's goal is to do much of the work for this project on-line and via conference call, to minimize travel time for consultants. While we support this goal, our project work scope and budget provides for our Task 2 Kick -Off Meeting and one (1) additional planning meeting during the course of the project. Project staff will be available throughout the engagement via teleconferencing. We anticipate providing the City with electronic copies of various project related documents and drafts of project deliverables during the course of the engagement which will be reviewed and discussed with City staff on an ongoing basis throughout the course of the engagement. Task 6.2 Reports R3 will prepare a Draft Report of the analyses of the various solid waste collection strategies and systems considered which includes: • Executive Summary; • Prioritized list of consultants' professional recommendations for actions that the City could take to increase trash collection efficiency, address impacts of trash collection on streets and neighborhoods and improve recycling rates; • Data analysis; • Pros / cons of each option presented; • A graphical representation of how each option addresses the issues of concern (i.e., air quality, noise, damage to streets, etc.); and • Professional recommendations on which option(s) would be most feasible and/or effective for the City to implement. We will then revise the Draft Report and issue a Final Report based on comments received from the City. Three (3) hard copies and an electronic copy of both the Draft and Final Report will be provided. Task 6 Deliverables: • One(1) Project Kick -Off Meeting (Task 2); • One (1) Project Planning Meeting; • Three (3) hard copies of Draft and Final Reports; and • One (1) electronic copy of Draft and Final Reports. EXHIBIT B 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: 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. EXHIBIT C Expenses- $ 2320 TOTAL BUDGET- $$$250 Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: Principal $155 HR Senior Manager $145HR Senior Associate $125HR Administrative $60HR as billed with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Fifty Eight Thousand Two Hundred Fifty Dollars ($58,250) according to Exhibit "C" consisting of one (1) page and incorporated herein by this reference. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 5. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 6. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 7. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 8. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 11. 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. 12. 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. 13. 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. 14. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent, jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 "Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor 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. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor 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. f. Contractor 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. g. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. h. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY OF FORT COLLLIIN�S,�COOLORADO By: 6h".�"� (� J es B. O'Neill II, CPPO, FNIG Director of Purchasing & Risk Management DATE: R3 Consulting Group Inc. By: M Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: 3)) ATTES (Corporate Seal) Co porate Secretary EXHIBIT A Background The City of Fort Collins is currently diverting approximately 27 percent of its waste stream from disposal and has established a goal of diverting 50 percent by the year 2010. Findings of a recent public opinion poll confirm that residents are eager to recycle, with 98 percent of respondents expressing the belief that recycling is "good for the City of Fort Collins". They are supportive of new measures to divert waste and willing to pay some part of the costs that may be incurred to develop new programs. Cities throughout the Country have successfully achieved 50 percent diversion, although relatively few communities in and around Colorado have made such a high commitment to waste diversion, particularly those that do not operate a municipal solid waste collection system. With that said, there are a wide range of effective options and programs that have a demonstrated track record that may be effectively incorporated into the City's solid waste management system. Those include options to both increase diversion (e.g., single stream recycling, regulations and/or contractual requirements or incentives) and reduce the impacts of trash trucks (alternative fuel vehicles, co -collection). The applicability of those options and programs, as well as the best means for implementing them however, depends in part on the structure of the collection system. The City's current open competition residential collection system presents a number of challenges for implementing certain options that may not exist in a districted or franchised collection system. There are, however, a range of options that can be effectively implemented within the existing open competition system to both increase diversion and minimize trash vehicle impacts. In addition to the structure of the collection system, the future role of the City in the provision and/or management of solid waste services (e.g., facility ownership, regional coordinated policies and/or programs) also impacts the applicability and/or best means for implementing various options. Objective The overall project objective is to prepare a comprehensive study that answers the following problem statement/question: ,,in what ways can the City reduce the impacts of trash collection services in Fort Collins, addressing issues of air quality, neighborhood aesthetics, noise, other neighborhood impacts and the cost of street wear? Are there ways the City might also improve diversion rates for recyclables?" Approach General The City has conducted a wide range of analyses in support of efforts to both increase diversion and minimize the impacts of trash trucks on the environment including: • Trash Districting Feasibility Analysis; • Fort Collins Solid Waste 5-Year Strategic Plan: Strategies to Reach 50 percent Diversion from Landfill Disposal; • Preliminary Staff Recommendations - Draft Strategic Plan for 50 percent Solid Waste Diversion; and • Advanced Climate Protection Planning Through Municipal Solid Waste Programs. Our approach is designed to use those efforts as a starting point for this study. Applicable program options that have already been identified will be considered and expanded upon as part of this analysis. Our objective is not to recreate the wheel, but build upon the good work that has already been done. With the considerable efforts that have been completed to date as a solid starting point, we will bring to the analysis our extensive hands on experience assisting jurisdictions of all shapes and sizes with the analysis and implementation of a wide range of diversion alternatives and options to minimize trash vehicle impacts. We will supplement that experience with additional independent research in support of the project objective. Key to our approach is fully exploring changes to the collection system structure in addition to the Null Alternative and Districting of all services (Collection System Structure Alternatives). At a minimum, we expect to explore the potential for districting and/or franchising some, but not all of the current and/or potential new collection services (e.g., districted or Citywide franchising of recycling and/or organics collection services). The various Collection System Structure Alternatives that are identified will form the framework within which the various diversion options, options to minimized trash truck impacts and the specific quantification and qualification, of trash truck impacts are evaluated. We believe that identifying the range of reasonable Collection System Structure Alternatives early in the evaluation process is key to the success of this engagement. We propose to organize our analysis in a clear and concise manner that will allow decision makers to effectively compare the range of options, including those that are specific to the structure of the collection system and those that have global application. To further facilitate the analysis and comparisons, we propose to categorize the options as follows: Options to Increase Recycling • Programmatic / Operational; • Regulatory; ■ Financial; and • Contractual. Options to Minimize Trash Vehicle Impacts • Programmatic / Operational;