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490871 SLOAN VAZQUEZ LLC - CONTRACT - RFP - 7265 WASTE STREAM ANALYSIS STUDY
PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and 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 twelve (12) 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 under this 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 PSA with Sloan Vazquez Page 1 of 22 • Commercial, segregated by sectors as the budget allows (e.g., industrial, institutional, agricultural, brewing, landscaping, health care, hotels, manufacturing, offices, retail, wholesale, transportation and / or mixed). The Professional will work with City staff, collectors, and landfill managers to obtain the necessary information for completing the analysis. The proposed report structure and schedule, together with an explanation of the methodology used, must be submitted for approval by City staff before analysis begins. In addition to the representation of waste material sources, the Professional will provide a suggested methodology for determining the weight of at least six materials categories currently going to area landfills. Materials and categories to be measured may include but are not limited to those listed in Appendix A. Professional will provide a rationale for materials selected. Professional will be responsible for compiling and entering this data into a database developed by the City for this project. All information will be stored in the database, and a copy will be submitted to the City of Fort Collins with the final report. The City will also be provided with a data dictionary and description of queries. For ease of comparison with other reports, all data shall be measured and recorded in decimal pounds. All composition tables will include tonnage and percentage breakdowns for the mean and confidence levels whenever possible. Preliminary Report Deliverables A preliminary report will be submitted to the City of Fort Collins no later than October 17, 2011, including: • A summary of methodology used to design and implement the data collection portion of the study; • Distribution of waste tonnages and percentages by sectors; • Waste composition results and preliminary findings for each of the waste sectors; • Description of economic methodology used to calculate commodity values and economic development potential; • Recommendation as to specific streams of discarded material to target for recovery, which shall include vegetative debris/trimmings and food scraps, as well as other viable commodities. • A summary of potential new or advanced energy conversion approaches. The final report, due no later than November 17, 2011, should be comprehensive and again describe the analytic procedures, material category definitions, and final waste composition tables. In addition, the final report should identify material categories and sectors with high potential for additional diversion, recovery or reuse. Final Report Deliverables The final report must include the following: • Amount of material discarded as waste from the Fort Collins community each year, by weight; • Amount of the community waste stream that could be diverted towards materials markets or energy conversion; PSA with Sloan Vazquez Page 9 of 22 • Specific discards from each generator category that make up potential new diversions or energy resources; • Financial value of materials currently in the waste stream that may be diverted to recycling markets and other recovery systems; • Complete description of two or more new and/or advanced energy -conversion systems that will be most feasible and desirable for the City to consider implementing. All reports shall be submitted in electronic format along with five unbound, double -sided hard - copies printed on paper with 100% recycled content. 1.0 METHODS & APPROACH Professional will take the following general approach. 1. Planning & Preparation Kick-off Meeting with City Personnel to review project goals, review plan of action, develop and agree on a specific schedule, introduce key personnel to City personnel. Identify the availability and sources of information including outside entities such as waste haulers, landfills and other facilities. 2. Conduct the Waste Stream Analysis and Identify Conversion Technology options • Professional will work with the City to contact the waste haulers and landfill operators to obtain information related to waste generation. • Professional's personnel will contact and gather additional waste characterizations and data from other partners in this project including, Poudre School District, Larimer County, Colorado State University, O'Dell Brewing Company, and New Belgium Brewing Company. In addition, Professional will perform site visits and visual waste characterizations at these locations. Ongoing communication with City Staff is anticipated throughout the course of completing this project, especially during the data identification and gathering period. As Professional reviews tonnage reports, they may need to discuss the quality and consistency of the numbers with City Staff. 3. Prepare Final Report Prepare Draft Report • Resolve Any Outstanding Issues • Prepare Final Report Below are the Tasks required to complete the Scope of Work as identified in the RFP, followed by more detailed approach to be taken by Professonal. PSA with Sloan Vazquez Page 10 of 22 TASK 1: Attend meetings including kick-off meeting For this task, Professional will conduct the following work: The project will begin with a kick-off meeting with City staff to introduce project participants, clarify and agree on project goals, schedule and scope of work. Ongoing communication with City Staff and third parties will be conducted via telephone and email. Up to two additional meetings will be scheduled as necessary. TASK 2: Determine the composition, weight, and potential value of materials generated in the greater Fort Collins community and currently sent to landfills for disposal. For this task, Professional will conduct the following work: Sub -Task 2.1— Develop a data -based analysis of the composition of Fort Collins' Waste Stream currently begin landfilled. Professional will discuss and review with City Staff the availability and format of tonnage data. Professional anticipates that most data consist of reports as submitted by private haulers. If needed, the data will be converted into an electronic format for ease of analysis. Using available information about the overall waste composition and existing diversion programs, Professional will categorize the waste currently being landfilled into at least five categories including, • Vegetative Debris/Trimmings and Food Waste (Organics that are high in Biochemical Oxygen Demand), and which may include: paper fiber and other recyclable commodities; • Municipal Solid Waste; • Hazardous Materials, and • Construction & Demolition Debris. Professional will evaluate the integrity and usefulness of the available tonnage data and will develop a methodology for attributing tonnage to the following generators: • Residential single-family; • Residential multi -family; • Educational institutions; and, • Commercial including breweries, industrial facilities, and construction. Based upon Professional's interpretation of available data, the report will quantify data for the following generator profiles: • Residential; • Multifamily; • Educational institutions; • Commercial, segregated by sectors as the budget allows (e.g., industrial, institutional, agricultural, brewing, landscaping, health care, hotels, manufacturing, offices, retail, wholesale, transportation and / or mixed). The flow of materials from their point of origin to their final destination will be analyzed in written form and in diagrams. A suggested methodology for determining the weight of at least six material categories currently going to landfills will developed. PSA with Sloan Vazquez Page 11 of 22 Professional will describe the statistical issues related to conducting a waste composition based on information provided by collection companies and specific generators after reviewing the data and determining its source, how it was assembled, when it was assembled and how representative of the entire waste stream it might be. To estimate the composition of a waste stream, it is important to use a random sampling procedure. Using data that originates from disparate sources, assembled by different parties for different purposes, will not satisfy the random sampling requirements to estimate the mean percentages of the various material categories. Professional has performed numerous municipal solid waste composition studies using well established stratified random sampling procedure. Sub -Task 2.2 — Analyze the economic value of the material currently sent for disposal to area landfills. Based on the waste composition developed, Professional will identify existing or potential uses for the various material categories and determine the economic value of the materials based on available market prices or costs. The material will be analyzed from the following perspectives; • Quantify embedded energy potential for energy -conversion systems. • Quantify the financial value of materials currently in the waste stream that may be diverted to recycling markets and other recovery systems. • Identify missed economic development and job creation opportunities from current disposal practices. TASK 3: Identify at Least Two of the Most Feasible Energy -Conversion Systems or Technologies (CTs) The City of Fort Collins is taking a forward looking approach to the handling of their post - recycled solid waste by evaluating the feasibility of converting the residual waste to renewable electricity or fuel. Many other communities in the U.S. are conducting such studies as landfill space becomes scarcer, disposal costs rise, renewable energy becomes more precious, and other factors, such as global warming, drive waste management from disposal to recovery with new technologies. However, in Fort Collins the landfill still has plenty of life, and the tipping fees are very low, in the $20/ton range. It is likely that the costs of a large CT facility will be much higher than this, at least for the foreseeable future. But there may be opportunities for smaller, more customized CT projects such as digesters for source -separated foodwaste, or CT plants for specific large generators like the breweries that produce a consistent organic waste every day. These applications are less expensive, easier to finance and develop, and may offer a feasible "entry level" project for the City. Another possibility would be to divert source -separated organics to a digester at the Drake Water Reclamation Facility. Several communities throughout the U.S. are evaluating or starting up such projects, particularly where there is excess digester capacity. Often these treatment plants are already equipped with engines that burn the digester gas to create electricity or boilers that convert the gas to heat, which can also be a big savings to the project. Professional proposes these smaller, special application technologies should be the focus of this project. PSA with Sloan Vazquez Page 12 of 22 For this task, Professional's team will conduct the following work: Sub -Task 3.1 — Provide a Conversion Technology Overview Professional will prepare brief overview of the types of energy recovery technologies including: anaerobic digestion, gasification, and others. Professional will pull from their experience on past and ongoing CT projects with the City of Los Angeles, the County of Los Angeles, the City of Paso Robles, the City and County of Santa Barbara, the City of San Diego, and Orange County to develop this overview of technologies. Special attention will be paid to the smaller systems that could fit a niche market in Fort Collins. Sub -Task 3.2 — Provide a list of current CT vendors Based on their most recent work, Professional will prepare a table listing all the currently active vendors by technology category. The list will likely include over 100 vendors. The list will highlight those that have made the most progress to date in the U.S. and those that would fit the unique solid waste system and pricing in Fort Collins. Sub -Task 3.3 — Evaluate Preliminary Results of Composition Study. Based on the early results of the composition study, Professional will look for the best fit with CTs. For example, a wastestream high in wet organics (source -separated foodwaste, yardwaste) is a likely candidate for anaerobic digestion (AD); while a mixed MSW or other waste high in plastics, wood and other relatively dry carbon materials may favor a thermal conversion process. These characterizations may fall along generator categories. For example, the multi- family stream, if higher in organics, could be a better fit for digestion; whereas the drier commercial waste with more fiber could be better handled by the thermal processes. Material from the breweries could be perfect for AD; from construction and demolition sites for thermal conversion. It will depend on the results of the composition work. Results of the embedded energy potential of the various wastestreams will also be taken into account. Sub -Task 3.4 — Evaluate Capacity Issues Most CT vendors prefer small plants in the 200-300 TPD range, while some favor larger, regional plants in the 500-1,000 TPD range. This will also be considered when the Professional looks at the different wastestreams, their energy value, the tons per day being disposed, and the impacts of future recycling and composting programs on the total waste available for energy conversion. Professional will also take into account the possibility of combined waste from the surrounding communities in a regional approach to the renewable energy plant. This evaluation will of necessity look at the existing stakeholders (the haulers) and their own individual options for diversion or disposal. In other words, Professional must determine where the feedstock for a CT plant would come from, how much the City can expect to attract, and finally at what price. As mentioned before, there may be specific generators, such as the breweries, that offer unique wastes for an entry level CT project. Most, but not all, of the CTs are modular, and thus can be developed in phases as the need arises for greater capacity. The advantage here is that the plants can be designed small to start, leaving room in the wastestream for more diversion through source reduction, reuse, recycling, or composting. Professional will also evaluate the potential for using one of the digesters at the Drake Water Reclamation Facility for processing source -separated organics (foodwaste primarily) for conversion to biogas. This biogas can be added to the existing digester gas and fired in the boiler to provide heat for the treatment process and the facility buildings. PSA with Sloan Vazquez Page 13 of 22 Sub -Task 3.5 — Evaluate Environmental Factors Different types of technologies carry different environmental impacts. For example, the thermal technologies generally must grapple with air emission issues, whereas digestion technologies face the challenge of composting the digestate. The technologies also face different permitting challenges, although all can be expected to by closely scrutinized through an arduous process. The thermal technologies have a more difficult permitting pathway, as they are more vigorously opposed by some environmental groups than the digestion technologies, which are often perceived as more benign. Sub -Task 3.6 — Evaluate Economic Factors Perhaps the most critical aspect/challenge of CT development in any specific jurisdiction is the current disposal situation (landfill cost and remaining life), as well as the value of the key products, namely renewable electricity or "green" fuel (ethanol, CNG, biomethane, etc.). The Professional is aware that current landfilling costs in the Fort Collins area are very low fees ($20/ton range), which could be an impediment to CT development. However, this "tipping fee gap" may be closed by higher revenues for renewable power or fuel, but this will need to be studied during this project. Also, a smaller, niche type project may be more competitive with the landfill, and Professional will be looking for the best possibilities. Sub -Task 3.7 — Identify Most Feasible CT Systems Based on all the above, Professional will develop a short list of the most viable types of energy - conversion systems or technologies for deployment in Fort Collins. This list will be reviewed with City staff and a final recommendation made of at least the two best candidates. These finalists will be described in some detail as specified in the RFP including the following: • Description, capital cost, and operating costs • "Scale -ability" • Amount and type of local feedstock • Critical service and feedstock providers • Delivery systems • Permitting Requirements • Funding Options • Quantification of products, including energy, fuels and other by-products • Other considerations • Fit with public policies • Potential opposition These results will all be summarized in the final report, along with the next steps the City should take, if the CT approach looks feasible. TASK 4 Prepare draft report and final report. Sub -Task 4.1— Prepare Draft Report A draft report will be prepared incorporating all the analysis performed. The draft report will be submitted to City Staff for review and commentary. Sub -Task 4.2 — Resolve any Outstanding Issues Address and resolve issues about the Draft Report raised by City Staff, if any. PSA with Sloan Vazquez Page 14 of 22 Sub -Task 4.3 — Prepare Final Report The Final Report will be finalized and submitted based upon City Staff review and input. PSA with Sloan Vazquez Page 15 of 22 1.1 PRELIMINARY SCHEDULE Week Task Description 1 2 3 4 5 6 9291 7 8 9 10nmi 10 11 12 13 tvmil 1.0 Kick-off Meeting 2.0 Waste Stream Analysis 2.1 Develop a Data -Based Analysis ` 2.1.1 CorrelatingWaste Stream 2.1.2 Represent Waste Stream i Categories 2.1.3 Analysis of Material Inputs 2.1.4 Describe an Statistical Iss 2.1.5 Method for Weight of Six Categories 2.2 Analyze Economic Value of Material 3.0 IdentifyTwo Feasible CT 3.1 CT Overview° 3.2 List of CT vendors 3.3 Evaluate Composition Stud 3.4 Evaluate Capacity Issues 3.5 Evaluate Environmental Issues- 3.6 Evaluate Economic Factors 3.7 Identify Most Feasible CT Systems 4.0 Pre are Report 4.1 Prepare Draft Report 4.2 City Staff Review & Resolve Issues 4.3 Prepare Final Report PSA with Sloan Vazquez Page 16 of 22 2.0 ORGANIZATION CHART/ PROPOSED PROJECT TEAM The Organization Chart of the project team is shown below. Joe Sloan of Sloan Vazquez (Professional) will act as Project Manager and key contact person on the project. Conversion Technology Chip Clements Jacqueline Maddox City of fort Collins City Project Manager Susan Gordon Project Manager Joe Sloan Waste Stream Analysis Joe Sloan Enrique Vazquez 3.0 ESTIMATED HOURS BY TASK Professional estimates the man hours per task as follows: Report Preparation Enrique Vazquez Joe Sloan Chip Clements Jacqueline Maddox TASK 1 HOURS 1. Attend Meetings including Kick-off 20 Meeting 2. Conduct Waste Stream Analysis 64 3. Identify Conversion Technologies 104 4. Prepare Draft and Final Report 56 TOTAL HOURS 244 PSA with Sloan Vazquez Page 17 of 22 4.0 SCHEDULE OF RATES & COST BY TASK Professional will perform the work as per the scope of work for total fee of Thirty -Nine Thousand Seven- Hundred Eighty Dollars ($39,780). The members of the 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 Jacque Maddox $95.00 Estimated cost per task is as follows: Task 1. Attend Meetings including Kick -Off 2. Prepare Waste Stream Analysis 3. Identify Conversion Technologies 4. Prepare Draft and Final Report TOTAL COST Total Costs $3,900 $12,480 $14,080 9 320 39 780 PSA with Sloan Vazquez Page 18 of 22 Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Protect 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: See Exhibit A Scope of Work Section 4.0 Schedule of Rates & Cost by Task With maximum compensation (for both Professional's time and reimbursable direct costs ) not to exceed Thirty -Nine Thousand Seven Hundred Eighty Dollars ($39,780.00). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's 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 PSA with Sloan Vazquez Page 2 of 22 Appendix A — Materials List Materials and categories to be measured may include, but are not limited, to: Paper: Newsprint, high-grade office paper, mixed paper, magazines / catalogs • Cardboard • Paperboard • Aseptic cartons Plastic: • PET, HDPE, and other rigid plastics • Plastic bags, stretch wrap , other plastic film • Styrofoam block / peanuts Metal: • Aluminum containers • Ferrous containers • Other ferrous • Household appliances (computers will be included with "electronics") Glass: • Glass bottles and jars Organics: • Mixed yard waste including small branches up to 2-inch diameter • Large branches / limbs — more than 2-inch diameter • Food waste • Clean dimensional lumber and other untreated wood building material • Unrecyclable mixed paper • Spent grain from breweries Problem materials: • Large electronics (with a plug) • Textiles • Carpet • Tires • Furniture / bulky items • Latex paint & finishes • Oil -based paint & finishes • Other hazardous materials Construction and Demolition Debris: • Aggregates, concrete, asphalt, ceramics, brick, stone, etc. • Asphalt shingles • Drywall PSA with Sloan Vazquez Page 19 of 22 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: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The 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. PSA with Sloan Vazquez Page 20 of 22 ACORO® CERTIFICATE OF LIABILITY INSURANCE - °nrE�nnNuo°""-- 08/03/11 PRODUCER Stonebrook Insurance Services P.O. Box 775 Placentia, CA 92871 Phone (714)779-1200 Fax (866)812-4734 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 NAIC # 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 Companies INSURER C: j INSURER D: j INSURER E: COVERAGES INSURER F: 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 LTR ADD'L INSRD I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD"_ POLICY EXPIRATION DATE (MM/DD/YYI UMITS A _ WI GENERAL LIABILITY © COMMERCIAL GENERAL LIABILITY ❑❑ CLAIMS MADE © OCCUR ❑ 72SBMAH6839 01/06/11 01/06/12 EACH OCCURRENCE 1,000,000 PREMISES SES EaENTooauence 300,000 MED EXP (Any one person) 10,000 PERSONAL & ADV INJURY 1,000 000 ❑ GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: © POLICY ❑ PROJECT ❑ LOC PRODUCTS-COMP/OP AGG 2,000,000 ❑ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS ❑ HIRED AUTOS ❑ NON OWNED AUTOS ❑ COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident)) ❑ GARAGE LIABILITY ❑ ANY AUTO ❑ AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG ❑ EXCESSAIMBRELLA LIABILITY [I 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 below TATUOTH- T ❑ WC SUMrT E]RY LIMIT ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT B I OTHER Professional Liability PHSD609911 04/07/11 04/07/12 Deductible $5000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I 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. �CK Ilriw lC MULUCK CANCELLATION City of Fort Collins Natural Resources P O Box 580 Fort Collins, CO 80522 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. AUTHORIZED REPRESENTATIVE Rhone .x %!5;- i ©ACORD CORPORATION 19AR PSA with Sloan Vazquez Page 21 of 22 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. PSA with Sloan Vazquez Page 22 of 22 property of the City. 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 "A" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in this Agreement herein shall apply to all rates listed 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. 7. 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. 8. 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. 9. 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. 10. Personal Services. It is understood that the City enters into this Agreement based PSA with Sloan Vazquez Page 3 of 22 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. 11. 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. 12. 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. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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. 14. 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. 15. 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 PSA with Sloan Vazquez Page 4 of 22 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. 16 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. 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. PSA with Sloan Vazquez Page 5 of 22 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. 17 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. PSA with Sloan Vazquez Page 6 of 22 THE CITY OF FORT COLLINS, COLORADO By: �r Jayne B. O'Neill II, CPPO, FNIGP Director of Purchasing & sk Management DATE: (,� t << CORPORATE PRESIDENT OR VICE PRESIDENT Date:k>/2�ot ATTEST. (Corporate Seal) Corporate Secretary PSA with Sloan Vazquez Page 7 of 22 THE CITY OF FORT COLLINS. COLORADO El • Jaoeo B. O'Neill II, CPPO, FNIGP Director of rchasing &sk Management DATE: 637<< CORPORATE PRESIDENT OR VICE PRESIDENT Date: o 1 ATTEST: (Corporate Seal) Corporate Secretary PSA with Sloan Vazquez Page 7 of 22 EXHIBIT "A" SCOPE OF SERVICES Introduction The City of Fort Collins is seeking a Waste Stream Analysis Study to accomplish two tasks: 1) determine the composition, weight, and potential value of materials generated in the greater Fort Collins community and currently sent to landfills for disposal; and, 2) identify at least two of the most feasible types of waste -to -energy systems and/or technology in which the City may wish to invest for future waste stream management. The study will quantify the amount of material discarded as waste from Fort Collins residents and businesses each year. It will calculate how much more of the City's "waste" stream can be diverted towards materials markets1 that will optimize recycling and composting opportunities, as well as potential energy -conversion systems The study will identify which specific discards from the residential and commercial sectors are still available for recovery and will quantify their commodity value and/or energy generation capability. The Professional will provide an economic analysis of how to optimize the recovery of this landfill -disposed material and provide professional recommendations for its "highest and best" use in current or future recovery systems. The City will use the information to progress towards its waste diversion goals. The analysis will quantify the total amount of discarded or under-utilized material that is locally available, which may provide "feedstock" for a waste -to -energy processing facility(s). Options for various technologies designed to capture more value from discards will be examined for implementation. Institutional issues related to the development of new and/or advanced technology to divert material from landfill disposal will be identified in terms of policies, permitting requirements, and other processes. This study will form the beginnings of a strategic plan for the City to optimally manage its waste stream. Analysis/Report Approach Fort Collins'144,000 residents are served by at least 12 private collection companies that deliver to the Larimer County Landfill and two private landfills located out of county. Information about trash and recycling volumes that is documented by collection companies in mandatory reports to the City of Fort Collins will be available for the Professional to use in this study as aggregated data. The Professional will gather additional waste characterizations and data from other partners in this project, including at minimum Poudre School District, Larimer County, Colorado State University, O'Dell Brewing Company, and New Belgium Brewing Company. Describe any statistical issues that arise when this is done. Describe your method for developing and representing the entire community's waste stream in various categories; i.e., the report should provide valid data for the following generator profiles: • Residential; • Multifamily; • Educational institutions; 1 As adopted in Plan Fort Collins 2010 (Principle ENV 14), the City applies EPA's hierarchy of waste management, which calls for source reduction as the primary approach, followed in order by: reuse; recycling/composting; energy recovery using emerging pollution -free technology; and, landfill disposal (where methane gas capture is employed), as a final resort. PSA with Sloan Vazquez Page 8 of 22