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HomeMy WebLinkAbout517676 RICHARD V ANTHONY - CONTRACT - RFP - 7465 WASTE REDUCTION & RECYCLING MASTER PLANPROFESSIONAL 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 Richard Anthony Associates doing business as Zero Waste Associates, 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. Scooe of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of fifteen (15) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence May 1, 2013, and shall continue in full force and effect until December 31, 2013, 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: Richard Anthony Associates Dba Zero Waste Associates Attn: Richard Anthony 3891 Kendall Street San Diego, CA 92109 City of Fort Collins Attn: Susie Gordon, Senior Environmental Planner PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 Professional Services Agreement 7465 Waste Reduction 8 Recycling Master Plan Page 1 of 25 Deliverables A final report will be submitted to the City of Fort Collins no later than November 1, 2013, including: • An executive summary not to exceed two pages • Recommendation for a new goal(s) to supplant the community's 1999 goal of diverting 50% of Fort Collins' waste stream from landfill disposal • Policy foundation to put a new proposed goal into context, using recently reported data (annual waste diversion calculations, 2012 Waste Stream Study, etc.) • Objectives that define approaches and mechanisms available for the City to take as a steward of the community's natural environment and public trust regarding appropriately managed waste streams • Prioritized compendium of proposed strategies that will each be accompanied by a description, metrics to evaluate progress towards the goal, greenhouse gas emission reductions, and estimated costs for implementation • Recommendations on how to develop or participate in a regional coalition that enhances the community's ability to address waste management targets • Summary of community involvement actions and public comments received All reports shall be submitted in electronic format along with five unbound, double -sided hard - copies printed on paper with 100% recycled content. Other community values that will be reflected in a new City goal and long-term plan include: 1. Expanded re -use, recycling and composting to recover material resources from discarded wastes, which also create jobs and local revenue 2. Support for climate protection that align with Colorado's statewide goal to reduce greenhouse gas emissions by 80% below 2005 levels by 2050 3. Increased reduction of waste at the source as a fundamental approach 4. Appropriate collection systems for more types of discards, with attention to "carbon footprints" for transportation methods 5. Consideration for source separation of material resources if it can help optimize recovery 6. Application of Triple Bottom Line (TBL) evaluations, life -cycle analyses, and greenhouse gas emissions calculations to develop and prioritize implementation strategies 7. Product stewardship and extended producer responsibility programs that recognize that discarded products have value as potential feedstock, second -life products, and energy resources 8. Zero Waste programs based on the premise that waste generation represents an economic inefficiency that can be eliminated 9. Waste -to -Energy facilities that recover renewable energy from solid waste using conversion technologies such as bio-digestion, gasification and pyrolysis that have the potential to derive the highest resource value from waste materials 10. Use of recovered landfill gas as a fuel source Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 10 of 25 11. Inventory and analysis of the assets and liabilities inherent in public ownership of local facilities/infrastructure for managing local waste streams 12. Options for, and role of City in, establishing new infrastructure to best manage the community's waste stream, including the potential future Larimer County landfill 3. Consultation There is a possible Phase Two to this project that may be initiated if additional funding becomes available. That work would be incorporated into the awarded Professional Services Agreement using the scheduled rates in the resulting Agreement. Such work would be incorporated into the Agreement by way of a Change Order process to be initiated by the City, and the Scope of Work for such would be as mutually agreed upon by the awarded Professional and the City. A broad description of the type of work to be included under a Phase Two would be as follows: Professional may be asked to briefly evaluate alternative waste -to -clean -energy options for the Fort Zed district. Another example would be a detailed look at the feasibility for Larimer County landfill to accommodate new recycling and waste management practices at the facility. All data collected in this study will become the property of the City. Confidential and proprietary information must be clearly marked as outlined in the Terms and Conditions of this document. The Professional will not publish results from this study in any form without prior approval of the City. The Professional will be prepared to respond to any questions or uncertainties the City might have about the completed data or other reporting, and to give other information, as requested, about the conceptual analysis. In addition, the City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor(s). Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group may contact the awarded vendor(s) with a desire to piggyback on the resulting contract as a cooperative user. Other agencies in particular that have indicated a potential interest in piggybacking on this Professional Services Agreement include the City of Loveland, Colorado, and Larimer County, Colorado. 4. Outline of Specific Methods, Approach, and Project Schedule Task 1 Confirm the Scope of work Task 1A - Confirm the scope of work and final Plan outline At the outset of the project, the Professional will meet by phone with City staff to review the proposed scope of work included in the final contract. Professional has clearly proposed to take a methodical Zero Waste approach to this project, to go beyond traditional waste management planning. Professional will work with City staff to ensure that both parties have the same understanding of the scope, project goals and expected outcomes. On this call, Professional and City staff will agree on a schedule for the V and 2nd Public Open Houses on the first trip of Professional to Fort Collins. On the 1s` trip Professional will present hard copy examples of Plans from other communities. Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 11 of 25 Professional and City staff will agree on the format desired for the Fort Collins Waste Reduction and Recycling Plan on the Road to Zero Waste (Plan). A typical Zero Waste Plan reviews the existing system; evaluates service opportunities; recommends policies, programs and facilities needed; recommends a budget and timeline (including dates for interim goals to be achieved); and compares the environmental and employment impacts between the existing and proposed systems. The order and flow of information presented may follow that approach or as otherwise agreed upon with the City. Deliverable: Waste Reduction and Recycling Plan scope of work and table of contents. Task 2 Public Involvement Professional is dedicated to obtaining extensive input from the community throughout the project and reporting on each stage of development of the Plan components while the Plan is in progress. It was clear from the RFP that the City of Fort Collins shares those values. Professional has conducted hundreds of workshops, focus groups, charrettes, and public meetings. One of our team members, Ruth Abbe, has even been certified by the National Charrette Institute and has recently conducted successful planning charrettes in Austin, Dallas and Mecklenburg County, North Carolina. Professional's basic approach is to schedule trips every 4-6 weeks during the course of the project for 3 days at a time. While we are on a trip, Professional likes to schedule as many meetings and tours of local facilities and stakeholders as possible. Professional proposes a combination of Public Open Houses, meetings with City Council or other community groups in Fort Collins and meetings with stakeholders on each of the 34 trips that we will make. The total number of meetings will be far beyond those required in the RFP. The exact number and targets for meetings will be determined at least 2 weeks before each trip, and Professional will work with City staff to arrange the meetings desired. At least one of the Professional's principals will participate in each trip and two from the Professional's full project Team. Task 2A - Stakeholder meetings The Professional's team will work with the City to conduct public meetings designed to obtain input on policy, program and facility options for inclusion in the Plan. Such public meetings are needed to ensure key stakeholders and influence -leaders in Fort Collins will understand recommendations developed in the Plan. This will dramatically increase the likelihood of implementation of the Plan's recommendations, as they will represent the best thinking from the entire community. It also often results in surprising connections of local resources and expertise that fosters innovation and new program development. For the public meetings, Professional will work with City staff to identify potential participants to invite to these meetings, including: reuse, recycling and composting industry representatives, regulators, citizen groups, local businesses, residents, City Boards and Commissions, colleges and universities and farmers. Different members of the Professional's team will attend depending on the focus of the meetings and availability. Professional will prepare invitations and news releases for the City to mail and email to stakeholders encouraging participation in this public process. Professional proposes to use established City connections to promote these efforts, and to include articles in local media and newsletters. Professional would like to build on existing outreach programs of the City, County and neighboring cities for community outreach and participation as well. Additionally, Professional will reach out to have all Plan processes promoted and highlighted at local sustainability and recycling events in the area, on Studio 14 and in other local media. Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 12 of 25 The City and Professional may agree on other promotional and outreach strategies during the course of the project that leverage other opportunities and resources or can be covered by other City funds that may be available for direct expenses, such as advertising and printing. The Professional's Team recommends four Public Open House meetings. Each of these evening meetings will focus on a separate aspect of Zero Waste: a) reduce and reuse; b) recycling; c) organics; and, d) product stewardship and lifestyle issues (including plastic litter, City opportunities to lead by example, and school programs). Professional's team will ensure that attendees participate to the full extent they desire toward the common goal of identifying policies, programs and facilities to be included in the Plan. Two of these Public Open House meetings will be conducted in each of the 1 s` 2 trips. At the first of these meetings, Professional will also provide an overview of Zero Waste and the planning process and request input from those attending about what they would like to see included in the Plan in general. Professional would also like the City to provide an overview of what has contributed to the City achieving 47% waste diversion. The second trip will focus on the 3'" and 0 topics. The third trip will be to present the Draft Plan and to obtain final comments and input from stakeholders, residents and businesses before finalizing the Plan. A member of the Professional's Team will also make a presentation of the Final Plan to City Council if budget remains and staff desires. Deliverable: Identify stakeholders and hold four public meetings targeting stakeholders to identify interest, needs and networks within the following topic areas: a) Reduce and Reuse; b) Recycling; c) Organics; and d) Product Stewardship and Lifestyle issues. Hold at least 4 different types of meetings per day on each trip (a minimum of 36 meetings by the end of three trips of 3 days each). Task 2B - Meetings with the Staff. City Council and Boards and Commissions On each trip, Professional's principals will meet first with City staff to review plans for that trip and coordinate on last minute presentation and logistic details. Professional will also review with City staff issues to be addressed in each of the public meetings to obtain input to help guide the discussion. Professional requests that City staff join with Professional in tours of local facilities at least on the first trip so that we can debrief after those tours while in transit and get a better understanding of the City's perspective on local services and facilities. Professional would like to schedule the first trip to coincide with a Council meeting where Professional will be able to get input directly from the Council on their goals and expectations for this Plan. This could be an agenda item at a regularly scheduled Council meeting, a more informal special Council workshop on this topic, or a meeting of the Council Futures Committee. Between trips, Professional will also participate by phone in any other regular meetings of Council, Boards and Commissions or stakeholders requested by City staff. Deliverable: Meet with Council on 151 trip. Coordinate with staff before all public presentations. Additional meetings with Council and Boards/Commissions as requested. Task 3 — Analysis of Existing Services and Programs Task 3A - Analyze Programs and Services Related or Impacted By Implementation of Zero Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 13 of 25 Waste Goals. Building upon the existing infrastructure is a part of the Zero Waste process, and involves utilizing existing facilities for development of more reuse, recycling and composting activities. Professional's team offers the latest knowledge in policies, programs, equipment and facility design, and has demonstrated success in working with stakeholders to improve the efficient use of discarded resources and reduce client city's respective carbon footprints. The City has studied existing wasting patterns and data in Fort Collins. Principals of the Professional have helped many jurisdictions develop winning approaches for managing resources and reducing wasting. Professional's team experience creating and monitoring these programs has been demonstrated throughout the nation for the past 30 years. Both the San Jose and San Diego programs, managed by Gary and Rick respectively, won state and national awards. To initiate this phase of work, Professional will review key documents, policies and data to provide a brief overview of the existing system, including all the reports posted on the City's website at: htto://www.fcgov.com/recycling/reports.l)hl) and other information on: • Waste generated, diverted and disposed tonnages (including volume of materials wasted annually and where wasting occurs, such as in production of products and packages, getting them to local markets, local consumption, and/or end -of -life disposal); • Waste composition data; • Demographic data (such as population and number of businesses by sector); • Existing public and private solid waste infrastructure and services for reuse, recycling and composting (including local guides to reuse, recycling and composting provided to the public); • Local reuse, recycling and composting websites; • Rate structures; • Ordinances; and • City sustainability and climate change policies and programs. The City has done a great job of both analysis of the system and publicly posting those analyses so this first phase of the process should move quickly. After review of the publicly posted documents, Professional will request copies of other documents and URLs available from the City and research other sources for data required for the Professional's Team to develop a thorough understanding of the current policies, programs and facilities that constitute the discard management system for reuse, recycling, composting and regulated materials in Fort Collins. Deliverable: A summary of the current data, policies, programs and facilities for inclusion in the Plan. Task 3B - Commodities and Environmental Analysis Times have changed in the management of resources on this planet. Current research indicates that environmental emissions resulting from community waste management systems and the waste of resources in our discards are having dramatic cumulative impacts on the planet. The UN Urban Environment Professional Services Agreement 7465 Waste Reduction R Recycling Master Plan Accords recognize this and include Zero Waste as one of the accords required to achieve Zero Waste by 2040. Professional will conduct a resource commodity and job analysis to predict potential revenue and new jobs needed. The commodity analysis will evaluate available waste generation data according to 12 market categories and summarize the quantity and value of materials being discarded. Professional will then estimate the number of jobs that could be created from recovery of these resources. Professional will also review the environmental benefits of recovery of these resources and highlight the amount of greenhouse gas (GHG) reductions that could occur as a result of such efforts. Professional will apply the EPA WARM Modell and provide an analysis of greenhouse gas emissions and other environmental impacts from Fort Collin's discards. Deliverables: Commodity Analysis and WARM model reports. Task 3C - Service Opportunities Analysis and Recommendations With the assistance of City staff, Professional's team will evaluate Service Opportunities. Service opportunities are where there are needed services to get to Zero Waste that could be provided by the public or private sector. This will include an overlay of waste composition data with data on existing reuse, recycling and composting services. Professional will work with City staff to identify opportunities for expanded services to decrease the volume and toxicity of waste being landfilled and to prevent waste from being generated. Professional and City staff will target commodities and business sectors with the highest disposal volumes (per waste composition data), highest value, and most toxic in reviewing service needs. Professional and City staff will also evaluate whether different services are needed for specific business sectors (e.g., large businesses compared to small businesses or different types of businesses). Professional's team will help identify services needed to help businesses design waste out of their production processes and to reuse their excess inventory or surplus assets (both products and packaging). An analysis will be developed to demonstrate the importance of targeting different materials in the waste stream that consume large amounts of space in the landfill or those that are particularly toxic. As landfill space is a volume -based system, it is important to consider the implications in developing priorities for Zero Waste programs and policies to address high - volume wastes. Reducing the toxicity of wastes is critical to reducing the risks and long-term liabilities to the City from its contributions to the region's landfills. From this analysis, gaps will be identified where more services need to be provided. Professional will help evaluate whether public or private services are most appropriate to fill these gaps and how to proceed to address those gaps. Professional will evaluate the potential for expanding existing facilities versus the potential for developing new facilities locally and/or regionally. Professional will also work with City staff to evaluate short-term and long-term prospects for extended producer responsibility (EPR) systems to be implemented to fill gaps in services. I See: http://www.epa.gov/climatechange/wycd/waste/calculators/Warm_home.html Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 15 of 25 Deliverable: Service Opportunities Analysis. Task 4 — Develop a Draft Plan Task 4A - Goals and Policies Professional has in-depth knowledge of how local and regional governments work. Professional's team has decades of experience in program development and implementation to provide the City of Fort Collins with the most current, comprehensive best management practice recommendations. Many communities are finding that the most cost effective way to encourage more waste diversion is to adopt clear rules and policies governing discarding of materials. The City's Pay As You Throw rate policy is a good example of this for the residential sector. The Zero Waste Economy Designing a Full -Cycle Systerr_Upstream AND Downstream De.pn for iti Emkammm, Chan PrPGUNan Nm as Dump �. nmems kwewo-knmua po.mmmdnw�Y % -- en'+wraxw.vxmna �wmp 1� PeWSrone +q srem,sawaw.. e�!�ramw•gq S Zero waete... Caneurter euyhg Pager or Darn CMnpbq roe nwe. . Near .uq�dga.atl o+..evmnnvenw �' � PraWnr anpnn.lEpiry a iMhgaa q.,wnpWul,a wmamvara.are.u.iu.. JOM,JeW,JOl. prat'. tY.ourc. Wcmary Parke aaar� �a�q wn >u.Aw,w.agm One of the most significant arenas for policies is the relationship the City wants to achieve with local businesses and out -of -region products and packaging producers. In view of the fact that 75% of all discarded materials are manufactured goods and packaging2, Fort Collins has adopted many incentives to stimulate business recycling. As part of this Plan, the City could consider other policies to encourage, incentivize or require local businesses to follow, such as: 1. Meet waste diversion targets 2. Source separate designated materials 3. Recycle construction/demolition debris 4. Deconstruct existing buildings 5. Develop LEED-certified Green Buildings 6. Recycle and compost at multi -family dwellings 7. Include food scraps in city composting programs 8. Adopt Zero Waste goals and get recognized as Zero Waste Businesses 9. Develop Zero Waste plans 10. Adhere to Zero Waste Business Principles3 There are a number of other policies that could be considered by Fort Collins as part of the planning process, including: • Product and disposal bans • Environmentally Preferable Purchasing • Extended Producer Responsibility • Green Building 2 75% of municipal solid waste nationally, as defined by USEPA. Source: Bill Sheehan, Product Policy Institute, www.productpolicy.org. Note: this does not include construction and demolition debris, which is another major component of the waste stream that needs to be addressed locally. 3 See: http://www.grm.org/zerowaste/business/ Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 16 of 25 • Precautionary Principle • Franchise clauses • Garbage rates • Recycling permits • Planning conditions of approval (including deposits) • Zoning (especially land for reuse and recycling) • Siting and environmental justice and neighborhood concerns • Alternative work forces development t DREAM Many of these policies help define the most economical options for discarded materials in Fort Collins; adopting them can make eliminating waste, reuse, recycling and composting easier and more attractive to businesses and residents. n Unw The project team will develop a detailed menu of policy options for review with City staff. Once City staff has indicated policies it would be comfortable in considering further, Professional will prepare a brief menu of policy options for review and comment by the public. Deliverables: Detailed and summary Menu of Policy Options and recommendations for adoption after public input. Task 4B - Programs/Reduce and Reuse One of the key opportunities on the Road to Zero Waste is greater focus on reduce and reuse. In many Zero Waste Plans, Professional has found that reusables may constitute only 2-6% of the tons discarded, but represent over 40% of the value of the materials that could be recovered. There is a lot of embodied energy and work that was done to get products to market. One of the reasons Zero Waste was developed as a concept in the 1990s was to get more people to focus more on reducing and reusing. The Palo Alto Zero Waste Plan that we wrote wined the phrase: Zero Waste = focusing first on reducing and reusing, then recycling and composting the rest. Professional will examine existing public and private reuse programs. Local reuse organizations will be asked to attend a Public Open House to discuss current and needed rules and rule changes and actions. Purchasing directors from local and regional agencies will be asked to share systems they have implemented for targeted materials or products (e.g., household hazardous wastes). This task will include the City purchasing and property management system. Deliverables; Recommendations for new programs and/or services for recovery of reusable materials, products or packaging. Task 4C - Programs/Organics A major challenge throughout the nation is the lack of permitted facilities that can take discarded food and yard materials. Professional is well suited for this task as team members have considerable experience with landfills and composting facilities and extensive knowledge of the rules governing their operations. Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 17 of 25 Professional will look at source reduction and decentralized options for food scraps and other compostable organics as well as curbside and dockside collection programs. The City's innovative use of Earth Tubs using ARRA funding has demonstrated the need and opportunity for more focus in this area. Professional will evaluate the design and phased implementation of the Integrated Recycling Facility (IRF) and how and when different organics processing needs could be met with that facility, and whether other facilities would still be needed. Deliverable; Recommended programs for reducing, reusing, recycling or composting discarded organics for residents and commercial properties, including an evaluation of residential and commercial collections and processing options and the IRF. Task 4D - Programs/Recycling Professional will evaluate existing recycling programs in the City of Fort Collins for gaps and make recommendations if needed. Recommendations will be based on a review of materials allowed, availability and convenience of services. This will include an evaluation of the implementation of the new Integrated Recycling Facility (IRF) that is designed primarily for self - haulers. The Recycling Public Open House will provide input. Deliverable: Recycling program recommendations. Task 4E - Regulated Materials Professional will evaluate current City and business opportunities to discard regulated materials like pharmaceuticals, batteries, fluorescent lights, paints, oil, and pesticide containers. The City's permanent household hazardous waste (HHW) facility and HHW collection events will be evaluated to determine if additional services are needed to complement those. Extended Producer Responsibility (EPR) options will consider how they could be make it easier for residents and businesses to properly discard such products, materials and packaging. Availability and opportunity will be key issues. The policy portion of the Plan will cover Take Back ordinances to address many of these materials, products and packaging. Professional will hold a Public Open House on Product Stewardship issues to get public input and examine the need for new programs. Deliverable: Recommendations for new programs for regulated materials. Task 4F - Public Education The success of most of this planning will rise or fall based on what social marketing program is chosen to promote the goals and new policies and programs in Fort Collins. The 4" Public Open House will also address Lifestyle issues to get ideas of how and where the City can best influence the change in behavior required to get to Zero Waste. Waste Not, Want Not is as American as apple pie. How we return to those core values is what will be explored. In most other Zero Waste Plans, Professional has found that a program that includes awareness, training, education and reinforcement with fair rules at the top will enable system and behavior change. New programs might include; new policy education, City staff training programs, organic source reduction programs for home and commercial properties; business audits, recognition and Zero Waste plans; Zero Waste Schools Programs, and Zero Waste programs for the City parks and downtown. Deliverable: Recommendations for Zero Waste education and outreach programs that could be conducted by staff or others. Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 18 of 25 Task 4G - Facilities Professional has found that in most areas there is a need for some new facilities, such as composting facilities discussed above. This is where Professional will evaluate waste -to -energy facilities using conversion technologies such as bio- digestion, gasification and pyrolysis and the use of recovered landfill gas as a fuel source In some communities, there are efforts to develop a Resource Recovery Park as a facility that can take all discards hauled directly from the public. The results of the service opportunity analysis for the City of Fort Collins will explore whether the Integrated Recycling Facility (IRF) has been designed with all the attributes of a Resource Recovery Park, or whether there still is a need for something more located in Fort Collins or the region. It will also help the City explore how and when to take the next steps in phasing in of the IRF in Fort Collins. It will also identify what types of facilities are needed to support the new policies and programs described above. All 12 categories are feedstocks for Deliverable: Listing of all facilities needed, evaluation of technologies, and an evaluation of the IRF and a Resource Recovery Park approach. Task 4H - Cost Estimate Professional will estimate the cost for policies, programs and facilities recommended above. Deliverable: Estimated costs for Plan implementation. Task 41 - Draft Plan for Public Review Professional will compile all the above components into the Draft Plan in a format agreed upon with City staff and make it available for public review and comment. At the third trip, Professional will present the Draft Plan and get feedback on changes desired from stakeholders and the public. Deliverable: Draft Waste Reduction and Recycling Plan. Task 5 - Final Plan review and Approval This task will revise the Draft Plan according to input provided from stakeholders and the public, and approved by City staff. Task 5A - Timeline and Implementation Plan Professional will then project the timing for implementing of proposed projects over the next ten years and list tasks to be completed in the next five years as an Implementation Plan. Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 19 of 25 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'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 fumished 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. 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 and in accordance with the schedule of Rates & Costs attached hereto as Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. Hourly billing rates: Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 2 of 25 Deliverable: An estimated Timeline and Implementation plan for at least a ten year planning period. Task 5B - Supportfor Presentations This task will include the editing and preparation needed to get the Final Plan ready for public hearing and staff support at the City Council and concerned Boards. Deliverable: Final plan and presentations Task 6 - Project Management Professional will ensure that all project tasks are performed on -time and within budget. Professional will coordinate with City staff on a regular basis and return phone calls and emails within 24 hours. Professional will submit invoices on a regular monthly basis and will submit five copies of all reports along with electronic copies. Gary Liss will be the primary contact for Professional. Richard Anthony Associates will contract with the City on behalf of Professional and submit required insurance and invoices. Deliverable: Prompt submittal of all deliverables and administrative documents. Task 7 (Optional) - Additional Support These are subject to negotiation with City staff of final scope for these tasks. Task 7A — Waste -to -clean -energy Evaluation Professional may briefly evaluate alternative waste -to -clean -energy options for the Fort Zed district. Professional will prepare brief descriptions (about 2 to 3 paragraphs each) of the various types of emerging technologies for processing both source -separated materials (recyclables and organics) and residual materials (post source -separated materials). Professional will discuss actual experience with these types of technologies based on the results of recent trips throughout the world by HDR engineers' to inspect various reference facilities. The technologies that will be discussed are anaerobic and aerobic digestion, thermal processing (gasification, plasma arc and pyrolysis), hydrolysis and mechanical processing. The purpose of these discussions will be to provide the City with an understanding of the current state of development of these technologies. Particular emphasis will be placed on the experience in with projects operating or in development in the U.S. Deliverable: Evaluation of alternative waste -to -clean -energy options for Fort Zed district. Task 7B — Evaluation of Additional Services at Landfill Professional may provide a detailed look at the feasibility for Larimer County landfill to accommodate new recycling and waste management practices at the facility. Professional would evaluate the site, acreage, materials flow by generator type (self -haul, municipal, construction and demolition), and estimated characterization of incoming materials. We would then identify opportunities for increased diversion activities, which could include: • The development of a Resource Recovery Park for self -haul materials • Additional processing of self -haul materials and construction and demolition debris Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 20 of 25 Different material types require different handling approaches in order to maximize diversion. Professional will identify the opportunities for targeting these highly recoverable materials: • Bulky items (appliances, carpet, mattresses, etc.) • Traditional recyclables (paper, metals, glass, plastics) • Compostable materials (yard trimmings, food scraps, compostable paper) • Reusable items • Construction materials (aggregate materials, wood, sheetrock, plastics) Resource Recovery Parks can include small centers for drop-off of hard to recycle items, including mattresses, large blocks of Styrofoam, and textiles. Resource Recovery Parks can also include areas for drop off donation or buyback and co -locates reuse, recycling and composting, processing, manufacturing, and distribution activities. A Resource Recovery Park can make the landfill or transfer station more sustainable by diversifying revenue, conserving capacity, and extending the useful life of those facilities. Professional will assess the activities at the Larimer Landfill, which could currently be classified as a Resource Recovery Park, and make suggestions on how to enhance and expand activities in both the near and longer term to further develop the site as a Resource Recovery Park. Deliverable: Evaluation of Larimer County Landfill additional services. Task 7C — Siting of Compostina Facility In many communities, to pursue Zero Waste requires a composting system for food scraps, food -soiled paper, yard trimmings and other organics and/or an anaerobic digestion system for clean food scraps. Siting of such facilities is not always easy. This could be considered as part of Tasks 6A and 6B, or may need some additional exploration. Professional is highlighting that this may require more in-depth analysis than would normally be part of a master planning process like this and could proceed under the Options provision of the RFP scope of work. Task 7D — Plan Implementation Support This task would involve the future support of the Plan after approval. The types of projects to be identified in the Plan could include: assistance in drafting new Ordinances; City staff training programs; developing organics collection and processing programs; expanded business Zero Waste Assessments; Zero Waste Recognition Program; schools program; City Parks and downtown; and/or Resource Recovery Park feasibility study and conceptual design. Deliverable: Projects to be determined and negotiated as a Change Order. Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 21 of 25 PROPOSED PROJECT SCHEDULE Time is of the essence for this agreement. The proposal will include a schedule to undertake the tasks included in the scope of work. The project is anticipated to start by May 1, 2013. Work Schedule The scope of work will be performed in the following timeline after a letter authorizing Profesional to begin is received from the City. Task/Deliverable: 1. Summarize Existing System 2. Public Involvement 3. Commodity and Service Opportunity Analyses 4. Draft Plan 5. Final Plan 6. Project Management 7. Optional Tasks 7A & 7B Meeting Schedule Professional proposes the following meeting schedule: Meeting Schedule Task/Deliverable: 1. Kickoff Phone Call to finalize Scope and Plans for Public Open Houses 2. 1" Trip - Tour facilities and conduct 151 and 2nd Public Open Houses 3. 2"d Trip - Conduct 3'd and 4 h Public Open Houses 4. 3`d Trip - Draft Plan presented 5. Final Plan presented (optional) Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Months from Start 1 2 3 4 5 6 Months from Start 1 2 3 4 5 6 Page 22 of 25 EXHIBIT "B" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor 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 Contractor has agreed to perform, the Contractor 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 Contractor 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 Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor 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 Contractor 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 Contractor 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 Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor 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 Contractor understands and agrees that the City's remedies at law for a breach of the Contractor'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 7465 Waste Reduction & Recycling Master Plan Page 23 of 25 EXHIBIT "C" RATES & COSTS Schedule of Rates: Gary Liss, Rick Anthony and Eric Lombardi - $125/hour Ruth Abbe - $200/hour Cost by Task: Task Total Cost 1. Finalize Scope & Format $750 2. Public Involvement $5,000 3. Summarize Existing System, Commodity & Service Opportunity Analyses $9,050 4. Evaluate and Recommend Policy, Program and Facility Options and Draft Plan $20,200 5. Final Plan $2,000 6. Project Management $2,000 Total Labor $39,000 Total Expenses (travel and copying) $6,000 Total Project Costs for RFP Scope Not to Exceed $45,000 7. Optional Tasks 7 1 tbd Organization Chart/Proposed Project Team Staffing Plan Mr. Gary Liss will provide project management and oversee implementation of the project for Professional. He will manage the subcontractors to provide the desired services and deliverables within budget and on time. Mr. Richard Anthony will be the contracting authority for Professional and will be responsible for adhering to all contract requirements as the prime contractor. Mr. Anthony will submit all invoices and be responsible for all financial accounting Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 24 of 25 for this project. Mr. Eric Lombardi will be primarily responsible for providing knowledge of local markets, policies, programs, services and facilities. Ms. Ruth Abbe will be primarily responsible for economic analyses and evaluation of technologies. HDR also has a local office in Fort Collins and will provide logistical support for Professional's team when they travel to Fort Collins. Staff Responsibilities Task Lead Assist 1. Finalize Scope & Format Gary Liss Richard Anthony 2. Public Involvement Gary Liss Rick Anthony 3A. Summarize Existing System Gary Liss Richard Anthony 3B. Commodity & Service Richard Anthony Eric Lombardi Opportunity Analyses Gary Liss Richard Anthony 4A. Menu of Policy Options Gary Liss Ruth Abbe Eric Lombardi B-G - Draft Plan Components Gary Liss Richard Anthony Ruth Abbe and 41 - Draft Plan Eric Lombardi 4H. Economic & Technical Richard Anthony Analyses Ruth Abbe Eric Lombardi Gary Liss Rick Anthony 5. Final Plan Gary Liss Eric Lombardi Ruth Abbe Rick Anthony 6. Project Management Gary Liss (and will execute contract on behalf of Professional) Richard Anthony 7A & 7B Optional Tasks Ruth Abbe Eric Lombardi Gary Liss Richard Anthony 7C & 7D Optional Tasks Gary Liss Eric Lombardi Ruth Abbe Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 25 of 25 Gary Liss, Rick Anthony, & Eric Lombardi Ruth Abbe $125/hour $200/hour Reimbursable direct costs: Not to Exceed $6,000.00 with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Forty -Five Thousand Dollars ($45,000.00). 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. 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. 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. B. Independent Contractor. The services to be performed by Professional are those of Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 3 of 25 an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 10. Acceotance 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 parry 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 Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 4 of 25 non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 15. 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 a -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 Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 5 of 25 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 a -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. 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 Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 6 of 25 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 'B", consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 7 of 25 THE CITY OF FORT COLLINS, C�.OLORADO By: I//� ,,2 James B. UNbill II,CPP0, FNIGP �4x;. Director of /Puurchasing & Risk Management `7 DATE: - - ( RICHARD ANTHONY ASSOCIATES DOING BUSINESS AS Date:/r3 ATTEST: (Corporate Seal) Corporate Secretary =NT Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 8 of 25 EXHIBIT "A" SCOPE OF WORK Introduction Throughout the country, communities like Fort Collins are charting a new course for managing the local waste stream that is aimed at reducing waste disposal in landfills or incinerators. Fort Collins has achieved a 47% waste diversion rate by measuring, identifying, and analyzing the discarded materials generated by our industrial, commercial, and residential sources in order to strategically divert waste. The underlying principles of this approach, and new information for how to implement it, will be described and documented in 2013 during a planning process that involves a cross-section of members of the Fort Collins community. A goal that was set in 1999 to divert 50% of Fort Collins' waste from landfills will be revisited, updated to reflect community aspirations, and submitted to the City Council for adoption in 2013. Public Involvement Citizens and elected representatives in Fort Collins have consistently expressed support for strong programs, local regulations, and recently, the construction of a new Integrated Recycling Facility (under construction in 2013) that was approved in order to enhance waste reduction and recycling. As planning for the waste reduction and recycling master plan gets underway, the Professional will help provide the community with ample opportunity to influence recommendations as they are being formed. Additionally, the private sector plays a variety of important roles in collecting and processing discards for the greater Fort Collins area; businesses and companies will be actively welcomed to participate in discussions and recommendations about Fort Collins' "Road to Zero Waste Plan". During the course of the project, the Professional will assist the City to help to coordinate and host at least two (2) public Open Houses, attending up to three (3) meetings with the City Council or other community interest groups in Fort Collins, such as the Natural Resources Advisory Board or Air Quality Advisory Board, and at least three (3) meetings with a specific group of stakeholders that will be convened by staff to provide ongoing input into the master plan. Elements to Long -Term Plan Among key issues that will be reviewed during the planning process is the City's relationship with Larimer County Solid Waste Department and the Board of County Commissioners. By virtue of partial ownership in the Larimer County Landfill, along with the neighboring city of Loveland, the future of Fort Collins' waste disposal system is inherently intertwined with much of the north -central Colorado region. Opportunities for working collectively with Larimer County and City of Loveland, as well as other regional partner agencies, will be addressed in the waste reduction and recycling plan. Fort Collins' master plan (City Plan) will serve as the "parent" document for the Road to Zero Waste, especially recently augmented sections of City Plan concerning waste reduction and recycling. The Professional will work closely with City departments to ensure alignment with adopted land use plans, stewardship of municipal assets and utility service, and visions for Fort Collins as a sustainable community of the future. 2. Project Schedule Overview The study must be completed in six months, by November 1, 2013. Professional Services Agreement 7465 Waste Reduction & Recycling Master Plan Page 9 of 25