HomeMy WebLinkAbout490871 SLOAN VAZQUEZ LLC - CONTRACT - RFP - 7249 INTEGRATED RECYCLING FACILITY ANALYSISPROFESSIONAL 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 Sloan Vazquez, LLC, hereinafter referred to as 'Professional'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of sixteen (16) pages, and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect until
December 31, 2011, unless sooner terminated as herein provided. Time is of the essence.
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 underthis Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Professional:
City:
With Copy to:
Sloan Vazquez, LLC
City of Fort Collins
City of Fort Collins , Purchasing
18006 Sky Park Circle
Attn: Susan Gordon, Natural
PO Box 580
Suite 205
Resources
Fort Collins, CO 80522
Irvine, CA 92614
PO Box 580
Attn: Joe Sloan
Fort Collins, CO 80522
oe sloanvaz uez.com
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
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 1 of 27
Information & Resources to be provided to the Consultant:
1. Aggregated data based on reports from licensed haulers in Fort Collins, containing
yearly volumes of trash and recyclable materials collected
2. Department of Real Estate services
3. GIS Division services, e.g., maps of industrially zoned land suitable for an IRF
4. Development Review Division services
REQUIREMENTS OF CONTRACT
Consultant will work with a cross -department team including Office of the Assistant City
Manager; Natural Resources Department; City Real Estate Office; Purchasing; and, Economic
Development Division. Consultant must:
1. Complete deliverables within 90 days
2. Receive City's approval for which three (at a minimum) new materials are to be included
in final recommendations
3. Provide bi-monthly reporting and documentation to the City during course of project by
the 51" business day of the month
SECTION 1
METHODS AND APPROACH
Project Understanding
Despite ongoing efforts, the City of Fort Collins is not achieving its goal of 50% diversion set in 1999
by the City Council. City staff believes a new Integrated Recycling Facility (IRF) could provide the
needed boost in diversion. To this end, staff is asking the awarded Professional to evaluate the
feasibility of such a facility including:
1. Siting
2. Design
3. Target commodities
4. Cost
5. Market research
6. Ownership models (private, public/private, public)
7. Next steps
Tasks
Task 1 - Attend Kick -Off Meeting
Key members of the Professional's team will attend a kick-off meeting with City staff. The meeting
will be important in developing lines of communication, aligning on goals and critical milestones,
and initiating the work. The 90-day schedule is tight, so close communication and focused,
productive work will be critical.
Task 2 - Review Existing System
The Professional's team will meet with City staff and obtain the latest information on performance
and cost of current policies, programs, and facilities related to its recycling system. The focus will
be on areas where these features intersect with the IRF.
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 10 of 27
Task 3 - Develop Siting Criteria
The Professional's team has conducted many siting studies for material recovery facilities (MRFs),
transfer stations, composting operations, construction and demolition (C&D) processing facilities,
and conversion technologies. They have already developed detailed siting criteria and scoring
systems to allow them to quickly and consistently evaluate potential sites, select preferred sites,
and rank the best. The table on the following pages shows the site evaluation criteria actually used
on one of their MRF siting projects in California. Similar criteria would be used for this project, with
some customization for the unique conditions in Fort Collins.
Task 4 — Identify Sites
The Professional's team will work closely with City staff to identify five or six potential sites. Then,
using the site evaluation criteria, the team will assess the feasibility of each site, and pare the list
down to the three best sites. The table on the following pages gives an example from one of their
other MRF siting projects of how the sites would be compared and ranked.
Task 5 - Produce a General Design for the IRF
Produce General Design
The Professional's team is experienced at the site layout and design of MRFs. For this project, they
will provide a generic design to meet the basic needs established for the facility including: capacity,
waste streams and recyclables to be processed, targeted materials, diversion goal. The design will
include the basic site features:
• Access and egress
• Onsite traffic roadways and circulation
• Office
Scales
• MRF building
o Tipping area
o Processing equipment
o Baler, bale storage, and loading dock
o Residue load out
o Environmental controls
o LEED features
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 11 of 27
SITE EVALUATION CRITERIA (EXAMPLE)
SITE 1
Site Development Issues (minimize difficulty, maximize flexibility
Issues with canyon drainage could be
Relative Cost/Difficulty: Presence of major design constraints
expensive; assume flooding issue solved by river
(parcel shape, slope, soils, rock flooding, etc)
levy (30 pis)
Useable Acreage: Facility expansion potential
Lar a acres a available 5 is
Natural Environment Issues (minimize possible impacts):
Potential for Biological Impacts (presence of sensitive habitats riparian, coastal
Native canyon. Sensitive habitat (1 pis)
sage scrub, woodlands, etc.)
Potential for Cultural Resources (known historic/archaeological sites)
Possible due to native location near river (2 pts)
Water Quality: Would the TS cause any impact to either surface or ground
Sensitive location with all runoff going directly
waters?
into river unless captured o site (2 pts)
Land Use Issues (minimize possible conflicts):
Noise: (site proximity to sensitive receptors such as homes, hospitals):
Noise cut off by ridgelines; potential impact on
monastery; area quiet (3 pts)
Visual Issues ( anticipated site visibility from homes, parks, scenic hwys)
Shielded by ridges, though visible from highway
(3 pts)
Zoning: Is TS permissible with current zoning, or is change required?
RE-B requires change/variance (1 pt)
Is TS compatible with zoning of adjacent parcels?
Existing land Use:
Adjacent zoning OS and IRS (1 pt)
Would TS displace a current use important to Oceanside?
No existing use (5 pts)
Would TS be compatible with adjacent land uses?
New residential close at Arroyo Street
Monastery relatively close
Native canyon and river area (1 pt)
Traffic Issues (minimize congestion / safety / air quality impacts
Capacity of access routes
Good access off Hwy, although need longer
left turn pocket for semi's
Light traffic down dead end (3 pis)
Anticipated traffic (incl. left turn bays and arrows):
Issue will be future residential buildout, and
capacity of Benet. (4 pis)
Traffic Safety Issues (if any)
Benet near river not "truck friendly" due to
pedestrians & bicyclists by river (2 pis)
Avoid access through or adjacent to residential areas
Crestwood residential development to east;
popular river walk area (2 pis)
Availability of two or more site access points for circulation and separation of
Probable one access drive off Borrego (2 pts)
the public from collection trucks
Site Proximity to Service Areas
2 miles from centroid (3 pts)
Oceanside (road distance to geographic center of the City)
Very good access to freeway (5 pis)
5 Freeway (road distance to freeway for transfer trucks)
Availability for Acquisition
City owned and available (4 pts)
TOTAL POINTS
52
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 12 of 27
SITING ANALYSIS SUMMARY
SITE EVALUATION CRITERIA
SITES
1
2
3
4
5
Site Development Issues (minimize difficulty, maximize flexibility):
Relative Cost/Difficulty, presence of major design constraints
3
4
2
5
5
(parcel shape, slope, soils, rock, flooding, etc.)
Useable Acreage; Facility Expansion Potential
5
4
5
5
4
Availability of Utilities: power, water, gas, sewer
2
5
4
5
5
Natural Environment Issues (minimize possible impacts):
Potential for Biological Impacts (presence of sensitive habitats
1
5
4
5
4
riparian, coastal sage scrub, woodlands, etc.)
Potential for Cultural Resources (known historic/archaeologic sites)
2
5
4
5
4
Water Quality: Would the TS cause any impact to either surface or
2
5
3
3
2
ground waters?
Land Use Issues (minimize possible conflicts):
Noise: (site proximity to sensitive receptors such as homes, hospitals):
3
4
3
3
2
Visual Issues (anticipated site visibility from homes, parks, scenic hwys)
3
4
3
3
2
Zoning:
Is TS permissible with current zoning, or is change required?
1
4
1
4
5
Is TS compatible with zoning of adjacent parcels?
1
4
1
3
5
Existing land Use:
Would TS displace a current ue more important to Oceanside?
5
2
5
5
5
Would TS be compatible with adjacent land uses?
1
4
2
3
4
Traffic Issues (minimize congestion / safety / air quality impacts
Capacity of access routes
3
4
5
4
5
Anticipated traffic (incl. left turn bays and arrows):
4
3
5
1
3
Traffic Safety Issues (if any)
2
3
4
2
2
Avoid access through or adjacent to residential areas
2
4
4
1
5
Availbility of two or more site access points for circulation and
2
5
4
4
5
separation of the public from collection trucks
Site Proximity to Service Areas
(minimize distance to reduce fuel consumption and air emissions)
Oceanside (road distance to geographic center of the City)
3
4
5
2
4
5 Freeway road distance to freeway for transfer trucks)
5
5
5
1
4
Availability for Acquisition
4
3
1
5
5
TOTAL POINTS
54
81
70
69
80
Recommendation
No
Yes
No
No
Yes
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 13 of 27
Outline of Services and Construction
Professional will perform the following sub -tasks:
Determine site and structure requirements for receiving, handling, processing and storage of
materials received at the facility taking into account alternative daily and annual handling and
processing requirements. Assist the City in coordination with the project architect and advise during
the design phase regarding requirements of selected equipment vendors.
Analyze the facility production and material handling requirements and recommend appropriate
design capacity specifications. Establish the current and future production (throughput)
requirements. Prepare a report that analyzes the facility requirements and recommends appropriate
design capacity specifications.
Task 6 - Describe Costs and Operational Budget for the IRF
Professional will prepare an operating pro -forma for the construction and operation of the model
facility. Based upon years of facility management experience, the pro -forma will include a costs
analysis including all capital, labor, and overhead costs. The various costs components will be
expressed on a $/ton basis to allow comparison among various options.
A summary version of Facility Operating Pro -forma is included as Appendix A.
Task 7 - Perform Market Research
Professional's listing of current clients include some of the largest recycling processors and end -
users in the nation. The team has helped to identify, develop, and sustain markets for many
recovered commodities. From the typical recovered commodities such as waste paper, PET and
HDPE plastic, bottle glass, aluminum and tin cans; to the organic waste items such as household
yard waste, commercial green waste, wood products, and food waste; and special, or off -"spec'
materials, such as electronic waste, #347 plastics, textiles, carpet, bulky items, and inert materials.
Over three decades of recycling market development experience will be applied by the
Professional's team to the development of sustainable markets for materials recovered at the IRF.
Task 8 - Evaluate Ownership models (private, public/private, public)
Professional has recently completed IRF-type developments under each of the listed arrangements;
governmental, public/private, and privatized.
In 2008, Professional completed purely governmental $10M - IRF development in Appleton,
Wisconsin. The project owner and operator is Outagamie County, with support from the three -
county Solid Waste Management Joint Powers Authority of Brown, Outagamie, and Winnebego
Counties.
In 2010, Professional completed a $40M — public/private — IRF development in San Carlos, CA. A
12-jurisdiction Joint Powers Authority, the South Bayside Waste Management Authority, owns the
property and financed the redevelopment of the site including the contruction and equipping of a
new MRF and transfer station. The Agency issued an RFP and selected private sector contractors
to perform the waste and recycling collection services, and the recycling processing and public
drop-off operations.
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 14 of 27
Currently, Professional is working with one of the nations largest private owners of recycling and re-
use processing capacity to redesign and modify existing IRF-type operations to maximize the
recovery of an expanded list of recoverable/recyclable items, and reduce overall operating costs.
Given the current economic conditions, governments of all political complexions are considering
shifting some or all aspects of government service delivery to private sector provision —as a
strategy to lower the costs of government and achieve higher performance and better outcomes for
tax dollars spent.
Competition done right drives down costs and incentivizes performance. Private firms operating
under government contracts have strong incentives to deliver on performance —after all, their
bottom line would be negatively impacted by the cancellation of an existing contract or losing out to
a competitor when that contract is subsequently re -bid. On the government's side, applying
competition forces management to identify the true cost of doing business, and, with efficiency as a
goal, compels an agency to use performance measurement to track and assess quality and value.
At its root competition promotes innovation, efficiency and greater effectiveness in serving the
shifting demands of customers. Oftentimes, this allows contractors to provide comparable or even
superior wages and benefits while reducing service costs and improving service levels.
Task 9 - Prepare Draft and Final Report
Professional's team will prepare a draft report, including an Executive Summary, presenting the
results of the study. Once staff comments have been received the report will be finalized. The
team is also willing to make a presentation of the final results to the City Council, if so desired.
Task 10 - Recommend Next Steps
Professional's team will list the "Top 10" actions to be taken by the City Council and staff to move
the IRF to the next stages of development, and ultimately to fruition, assuming the project's
technical feasibility, costs, and development plan look favorable from the results of this initial study.
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 15 of 27
PRELIMINARY SCHEDULE
The following is a prelimanry schedule based on weekly intervals. The project would begin with a kick-off meeting upon notification of
contract award. The fisrt three weeks would be dedicated to gathering information about the existing system and developing the siting
criteria. The task to Identify Sites will begin immediately upon finalizing the site criteria. Tasks 5 through 8 can be worked on concurrently.
The General Design, Costs and Operation Budget, and Evaluation of Ownership Models will begin early but will be updated as more
specific information becomes available.
Week
Task
Description
1
2
3
4
5
6
7
8
9
10
11
12
13
1
Kick-off Meeting
2
Review Existing System
3
Develop Siting Criteria
4
Identify Sites
5
Produce General Design
6
Describe Costs &
Operational Budget
7
Perform Market Research
8
Evaluate Ownership
Models
9
Prepare Draft & Final
Report
10
Recommend Next Steps
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 16 of 27
SECTION 2
DELIVERABLES
Deliverables Items #1 & #2
As previously described in Section I of our proposal, Professional uses its own Siting Criteria Model
developed from years of experience. Professional's existing Criteria Model will serve as a starting
point. After meeting with City Staff, the Criteria Model will be customized by Professional to
enhance its effectiveness in addressing local conditions and priorities.
Initially, Professional will set out to identify five or six potential sites. As these sites are processed
through the Siting Criteria Model through consultation with City staff, a minimum of three land sites
suitable for locating and IRF will be identified and included in the final report.
Deliverables Item #3
Professional's team member Joe Sloan is recognized as an expert in the area of IRF design and
has assisted clients globally to conceptualize their plant layouts. Mr. Sloan will lead the effort to
produce a general design plan that includes an outline of the services and construction needed to
initiate waste diversion activities.
Deliverables Item #4
Professional has worked extensively with numerous MRF/IRFs to identify the list of commodities
that will result in the most value whether based solely on economic factors or on environmental
priorities. Using that experience, Professional will review the City's current practices and identify at
minimum three commodities to collect at the IRF, beyond what the City is already collecting at its
drop-off center. Many municipalities have been targeting Construction and Demolition material as a
waste stream because its consistent composition e.g. wood, concrete, dirt other inerts, etc.
Deliverables Item #5
Professional has prepared several financial feasibility studies the assist in the planning stages of
IRF development. The main components of the capital requirements include start-up costs, land,
building, permitting, processing equipment, and rolling stock. The operational budget includes
revenues from tipping fees and sale of commodities, and expenses for labor, supervision and
management, building and equipment repair and maintenance, disposal fees for residual waste,
transportation costs, power (electricity), depreciation and interest expense. Please see Appendix A
as an example of a financial pro -forma produced by Professional.
Deliverables Item #6 & #7
Professional has provided completed market research projects to establish solid waste and
recycling practices in various parts of the country. Professional will use this knowledge and
additional research to describe what drop-off services are currently provided by the private and
public sectors. In addition, they have developed several facilities that included an analysis and
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 17 of 27
evaluation of private, public/private, and public models. Professional will use that experience to
provide the City of Fort Collins a description of the pros and cons of creating a new, stand-alone,
centrally located IRF.
Deliverables Item #8 & #9
Professional will prepare a complete, professional report documenting their analysis and listing
practical recommendations to carry the feasibility study to the next stages.
SECTION 3
PROJECT PERSONNEL
Contact Person
Joe Sloan
Sloan Vazquez, LLC
18006 Sky Park Circle, Suite 205
Irvine, CA 92614
Office: (866) 241-4533
Fax: (714) 276-0625
email: info(o)sloanvazguez.com
Key Personnel
The following are the key personnel from Professional and subcontractor Clements Environmental
assigned to the project:
PROFESSIONAL:
Joe Sloan, Project Manager:
Mr. Joe Sloan will serve as the Project Manager. He will have the overall responsibility for the
project and will be the principal contact. Mr. Sloan's main responsibilities will be to direct the team,
principal authorship, principal review, and project management.
Enrique Vazquez, Coordinating Partner:
Mr. Enrique Vazquez will serve as the Coordinating Partner. He will coordinate activities with
appropriate personnel and monitor the planning and fieldwork phases of the engagement to ensure
satisfactory performance.
Clements Environmental (Subcontractor):
Chip Clements, P.E.:
Mr. Clements is the founder and president of Clements Environmental Corporation. His experience
includes both the private and public sectors and covers a full spectrum of facility design and
operations, regulatory compliance, feasibility studies, and program development activities. He is
expert in the development of solid waste transfer stations and material recovery facilities (MRFs),
having consulted on over 20 such projects throughout California.
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 18 of 27
Larry Miner, AICP, Senior Planner:
Mr. Miner brings an in-depth knowledge of land use planning and environmental regulations, as well
as the ability to direct an interdisciplinary team of professionals, from initial site design to zoning
code compliance and environmental review.
Carrie Ferrier, Staff Engineer:
Mrs. Ferrier's experience includes conducting scientific fieldwork, data collection and analysis;
permit and report preparation; interacting with state and federal regulation agencies; Phase I
Environmental Assessments; and general project management. For Clements Environmental, Mrs.
Ferrier specializes in recycling and solid waste management, composting operations, AB 939
programs and plans, conversion technologies, Zero Waste plans, and Greenhouse gas emissions
and reduction techniques.
Jacque Maddox, Staff Engineer:
Ms. Maddox specializes in permitting and development of CT facilities and alternative energy
projects. Recent work at Clements Environmental includes: development and permitting of an
anaerobic digestion project; evaluation of sites for potential CT projects, permitting of 1,500 TPD
MRF/transfer station including potential for future CT facilities both biological and thermal.
SECTION 4
ORGANIZATION CHART / PROJECT TEAM
The Organization Chart of the project team is shown below. Joe Sloan of SloanNazquez will
act as Project Manager and key contact person on the project.
ORGANIZATION CHART
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 19 of 27
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 negligent
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 $NA according to the Insurance Requirements
attached hereto as Exhibit "B ", consisting of one (1) page.
5. 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: See Schedule of Rates, Section 6, Exhibit A Scope of Work
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Sixty -Nine Thousand Dollars ($69,000). 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.
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 2 of 27
CITY OF FORT
COLLINS
WE GORDON
PROJECT MANAGER
JOE SLOAN
SITING I DESIGN MARKET RESEARCH i OWNERSHIP MODEL I I FEASIBILITY ANALY'
CHIP CIEMlTS CHIPCLEMENrS ENRIQUE VAZQUQ i ENRIQUE VAZQUEZ JOE SLOAN
LARRY MINER IOE SLOAN CARAIE FERRI6L j CHIP CLEMEMS
I I JACQUE MADDOX
SECTION 5
ESTIMATED HOURS BY TASK
Estimated man hours per task are as follows:
Task Total Man Hours
1 - Attend Kick -Off Meeting 10
2 - Review Existing System 40
3 - Develop Siting Criteria 30
4 - Identify Sites 80
5 - Produce a General Design for the IRF 80
6 - Describe Costs and Operational Budget for the IRF 80
7 - Perform Market Research 40
8 - Evaluate Ownership models (private, public/private, public) 40
9 - Prepare Draft and Final Report 50
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 20 of 27
10 —Recommend Next Steps 30
TOTAL HOURS 480
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 21 of 27
SECTION 6
SCHEDULE OF RATES AND COST BY TASK
The members of the Professional's project team have the following hourly rates:
Team Member
Hourly Rate
Joe Sloan
$195.00
Enrique Vazquez
$195.00
Chip Clements, P.E.
$195.00
Larry Miner, AICP
$140.00
Carrie Ferrier
$95.00
Jacque Maddox
$95.00
Estimated cost per task is as follows
Task Total Cost M
1 - Attend Kick -Off Meeting 1,500
2 - Review Existing System 6,500
3 - Develop Siting Criteria 5,000
4 - Identify Sites 12,000
5 - Produce a General Design for the IRF 12,000
6 - Describe Costs and Operational Budget for the IRF 12,000
7 - Perform Market Research 6,000
8 - Evaluate Ownership models (private, public/private, public) 6,000
9 - Prepare Draft and Final Report 9,000
10 — Recommend Next Steps 5 000
TOTAL COST $69,000
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 22 of 27
APPENDIX A
FACILITY OPERATING PRO -FORMA
RecyeUq FacMty
Rnandal Fasaltillity Analysis
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Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 23 of 27
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Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 24 of 27
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Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 25 of 27
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Professional will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Professional shall furnish the City with certificates of insurance showing the type,
amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not 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 Professional, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Professional under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Professional's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in work
performed under this agreement:
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 Professional shall maintain during
the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 26 of 27
EXHIBIT C
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this
Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that
the City has established policies and procedures with regard to the handling of confidential
information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance of
services that the Professional has agreed to perform, the Professional hereby acknowledges and
agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information that
is proprietary to a third party (including but not limited to customers and suppliers of the City) . The
Professional shall not disclose any such information to any person not having a legitimate need -to -
know for purposes authorized by the City. Further, the Professional shall not use such information
to obtain any economic or other benefit for itself, or any third party, except as specifically authorized
by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes generally
known to the public by publication or some means other than a breach of duty of this Agreement, or
(b) is required by law, regulation or court order to be disclosed, provided that the request for such
disclosure is proper and the disclosure does not exceed that which is required. In the event of any
disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to
whom it is required to make such disclosure and shall promptly advise the City in writing of each
such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests for
any reason, the Professional shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced)
thereof, in its possession or control or as to which it otherwise has access.
The Professional understands and agrees that the City's remedies at law for a breach of the
Professional's obligations under this Confidentiality Agreement may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 27 of 27
CERTIFICATE OF LIABILITY INSURANCE
°A081031111
PRODUCER Stonebrook Insurance Services
P.O. Box 775
Placentia, CA 92871
Phone (714)779-1200 Fax (866)8124734
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE I
NAIC q
INSURED Sloan Vazquez LLC
1231 E. Dyer Road
Suite 225
Santa Ana, CA 92705
INSURER A. The Hartford Casualty Insurance Co
INSURER B: Philadelphia Insurance COnlpanle5
INSURER Q
i
INSURER D:
INSURER E:
COVERAGE$
(INSURER F:
j
THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTA
ADD'L
INSRD_
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTNE
DATE MM/DDIW)_
POLICY EXPIRATION
_DATEtMM1DDIYY)
LIMITS
A
GENERAL LIABILITY
O COMMERCIAL GENERAL LIABILITY
❑❑ CLAIMS MADE ❑/ OCCUR
❑
72SBMAH6839
01/06/11
01/06/12
EACH OCCURRENCE
1,000,0001
NTED
PREMISESAGE O(EaEoaurence)
300,000
MED EXP (Any one Person)
10,000
PERSONAL B ADV INJURY
1,000,000
GENERAL AGGREGATE
2.000,000
GEN11 AGGREGATE LIMIT APPLIES PER:
[] POLICY ❑ PROJECT ❑ LOC
PRODUCTS - COMP/OP AGG
2.000,000
----
❑
AUTOMOBILE LIABILITY
❑ ANYAUTO
❑ ALL OWNED AUTOS
❑ SCHEDULED AUTOS
❑ HIRED AUTOS
❑ NON OWNED AUTOS
❑
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
Per rson)
BODILY INJURY
(Per accident)
PROPERTYDAMAGE
(Per accident)
❑
GARAGE LIABILITY
❑ ANY AUTO
❑
AUTO ONLY- EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY: AGG
❑
EXCESS/UMBRELLA LIABILITY
❑ OCCUR ❑' CLAIMS MADE
❑ DEDUCTIBLE
❑ RETENTION $
EACH OCCURRENCE
AGGREGATE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER / MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS belay
❑ WC STATU- ❑ OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA E_MPLOVEE
E.L. DISEASE - POLICY LIMIT
B
OTHER
Professional Liability
PHSD609911
04/07/11
04/07/12
Deductible $51m0
1,000,000
DESCRIPTION OF OPERATIONS LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
This certificate holder is recognized as additional insured as respects to activities usual to the Insured's operations.
CERTIFICATE HOLDER CANCELLATION
City of Fort Collins
Natural Resources
P 0 Box 580
Fort Collins, CO 80522
25
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Rhone
The parties acknowledge that the sub -contractors are not parties to this agreement. However, the
rates listed for services to be provided by these subcontractors shall be the rate paid by the City to
the Professional for these services. If the amount charged by these subcontractors exceed the
rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on
increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including
subcontractor rates.
6. 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.
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 City in an 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
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 3 of 27
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
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7249 Integrated Recycling Facility Analysis Page 4 of 27
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.
15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
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7249 Integrated Recycling Facility Analysis Page 5 of 27
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
16. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page,
attached hereto and incorporated herein by this reference.
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 6 of 27
THE CITY OF FORT COLLINS. COLORADO
Y
Ja e B. O'Neill II, CPPO, FNIGP
Dir or of Purchasing & Risk Management
DATE:
TTEST: ;T CLal
S ILI
S,AT
City Clerk ; L
ppyvy�
APPROVLbGI 7T`0 FORM:
At4orn�q.
Sloan Vazquez, LLC
Title: % Y 1U N/? e cLf�
CORPORATE PRESID�NTT OR VICE PRESIDENT
Date: �� GL4 c vl� / 0//
ATTEST:
(Corporate Seal)
Corporate Secretary
Professional Services Agreement
7249 Integrated Recycling Facility Analysis
Page 7 of 27
EXHIBIT A
SCOPE OF SERVICES
Introduction
The City of Fort Collins (City) is seeking an analysis for an integrated recycling facility (IRF) to
manage a variety of discarded materials, possibly including but not limited to: electronic waste;
household hazardous waste; compostable organics, including yard waste and food scraps;
construction and demolition debris; and, other types of recyclable commodities. The IRF could
be a private venture, a public -private venture, or a public venture.
A goal of diverting 50% of the community's waste stream from landfill disposal set by Fort
Collins City Council in 1999 has not been met. While the City of Fort Collins manages a
community recycling center (http://wvfw.fcgov.com/recycling/dropoff.php) where a variety of
recyclable commodities are collected, gaps in local/regional infrastructure constrain certain
other collection activities. For instance, the nearest permitted food composting facility is located
approximately 70 miles from Fort Collins.
This feasibility analysis is intended to provide detailed information about opportunities for
creating additional waste diversion collection infrastructure for the benefit of the community and
citizens.
DELIVERABLES
The successful Consultant will assume full responsibility for producing the following
deliverables:
1. Develop a list of suitable land use criteria (including a centralized location) to be used in
locating an IRF in Fort Collins.
2. Describe minimum three pieces of suitable land available in Fort Collins to locate an IRF.
3. Produce general design plan for an IRF, including outline of services and construction
needed to initiate waste diversion activities.
4. Describe at least three commodities to collect at an IRF in Fort Collins, based on current
conditions1 , markets, and existing infrastructure, beyond what the City is already
collecting at its community drop-off center.
5. Describe a capital, start-up, and operational budget for an IRF.
6. Perform a market scan and describe what drop-off services currently are provided by the
private and public sectors.
7. Based on the market scan, describe the pros and cons of creating a new, stand-alone,
centrally located IRF. In particular, describe the pros and cons of the private,
public/private, and public models.
8. Write a complete report (including an executive summary of no more than two pages)
providing overview analysis.
9. List practical steps recommended by Consultant to carry the feasibility study to next
stages.
SPECIFICATIONS
Property Inventories - Individual Profiles for Each Site (Site 1, Site 2, and Site 3)
I See 2006 waste characterization: http://www.larimer.org/solidwaste/charts/garbagestats.htm .
Professional Services Agreement
7249 Integrated Recycling Facility Analysis Page 8 of 27
1. One -page written evaluation describing existing conditions, constraints and attributes of
site
2. Real estate description, current ownership and market price
3. Zoning
General Facility Description/Requirements for an Integrated Recycling Facility
1. Zoning characterization
2. Total acreage
3. Buildings
4. Storage areas
5. Stormwater management system requirements
6. Permitting requirements
7. On -site staffing needs
8. Any industrial processing equipment needed
a. Separation, sorting, washing systems
b. Shredders, compactors, balers, densifiers
C. other
10. Vehicular traffic access plan for both customer and freight vehicles
11. Transportation and freight recommendations
12. Public versus private ownership options
13. Infrastructure (electricity, water, traffic management upgrades, etc)
New Commodities Recommended for Collection (three at minimum)
1. Description of types of material, source(s), and volume of material available locally
2. Method of materials collection
3. Market destination(s) and current market value
a. anticipated mode of freight transport
4. Specific processing equipment needed
5. Public safety issues
6. Economic parameters and estimated revenue stream
7. Financing options
a. grants
b. subsidies, carbon crediting (e.g., potential renewable portfolio)
c. tax-exempt financing or other tools
Site Operations and Management
1. Oversight requirements and financial responsibilities for ownership scenarios
a. Privatized
b. Governmental
c. Public/private partnership
2. Costs
a. capital investments
b. wages for employees
c. annual operations and maintenance budget
3. Roles for O&M participants
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7249 Integrated Recycling Facility Analysis Page 9 of 27