HomeMy WebLinkAbout675347 RESOURCE RECYCLING SYSTEMS INC - CONTRACT - RFP - 8969 MUNICIPAL INDUSTRIAL WASTE REDUCTION/RECYCLINProfessional Services Agreement
8969 Municipal Industrial Waste Reduction/Recycling Project Page 1 of 15
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 RESOURCE RECYCLING SYSTEMS, INC. (RRS), hereinafter
referred to as the "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 five (5) pages, and incorporated
herein by this reference. Irrespective of references in Exhibit A to certain named third
parties, the Professional shall be solely responsible for performance of all duties hereunder.
2. Contract Period. This Agreement shall commence September 3, 2019, and shall continue
in full force and effect until February 28, 2020, unless sooner terminated as herein provided.
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: Copy to:
Resource Recycling Systems,
Inc.
Attn: Juri Freeman
416 Longshore Drive
Ann Arbor, MI 48105
jfreeman@recycle.com
City of Fort Collins
Attn: Caroline Mitchell,
Environmental
Sustainability
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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
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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 attorney’s 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 insurance in accordance with Exhibit C,
consisting of one (1) page, attached hereto and incorporated herein.
5. Compensation. In consideration of the services to be performed pursuant to this Agreement,
the City agrees to pay the Professional a fixed fee in the amount of Thirty-two Thousand
Two Hundred Dollars ($32,200.00) which includes reimbursable direct costs. All such fees
and costs shall not exceed Thirty-two Thousand Two Hundred Dollars ($($32,200.00) in
accordance with Exhibit B, consisting of two (2) pages, attached hereto and incorporated
herein. 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 actual reimbursable
expenses. 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. License. Upon execution of this Agreement, the Professional grants to the City an
irrevocable license to use any and all sketches, drawings, specifications, designs,
blueprints, data files, calculations, studies, analysis, renderings, models and other Work
Order deliverables (the “Instruments of Service”), in any form whatsoever and in any
medium expressed, for purposes of constructing, using, maintaining, altering and adding to
the project, provided that the City substantially performs its obligations under the
Agreement. The license granted hereunder permits the City and third parties reasonably
authorized by the City to reproduce applicable portions of the Instruments of Service for use
in performing services or construction for the project. In addition, the license granted
hereunder shall permit the City and third parties reasonably authorized by the City to
reproduce and utilize the Instruments of Service for similar projects, provided however, in
such event the Professional shall not be held responsible for the design to the extent the
City deviates from the Instruments of Service. This license shall survive termination of the
Agreement by default or otherwise.
7. 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.
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
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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. Subcontractors. The Professional may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor
will be subject to inspection by the City to the same extent as the Work of the Professional.
The Professional shall require all subcontractors performing Work hereunder to maintain
insurance coverage naming the City as an additional insured under this Agreement of the
type and with the limits specified within Exhibit C, consisting of one (1) page attached hereto
and incorporated herein by this reference. The Professional shall maintain a copy of each
subcontract’s certificate evidencing the required insurance. Upon request, the Professional
shall promptly provide the City with a copy of such certificate(s).
11. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior written
consent of the City.
12. 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.
13. 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.
14. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
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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.
15. 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.
16. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., the Professional represents and agrees that:
a. As of the date of this Agreement:
1. The Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. The 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. The 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. The 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 the Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, the Professional
shall:
1. Notify such subcontractor and the City within three days that the Professional has
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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 the 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. The 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 the 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, the Professional shall be liable for actual and
consequential damages to the City arising out of the 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 the Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1)
page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
RESOURCE RECYCLING SYSTEMS, INC.
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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9/5/2019
President
JD Lindeberg
9/12/2019
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EXHIBIT A
SCOPE OF SERVICES
The Professional will prepare an evaluation/report that will be used to update the City’s internal
waste reduction and recycling programs to a dynamic system that will drive the organization
to achieve high levels of waste diversion and reduce waste generated from the City’s industrial
activities, including Streets Maintenance and Operations, provision of services to the
community for electrical utilities, water reclamation, and drinking water production/distribution,
parks and natural areas management, Police services, and other activities.
Existing data available for the evaluation include landfill invoices and generalized waste
composition information for departments. Using this information and Professional’s knowledge
of innovative practices, the Professional will review the composition of waste material in
greater detail and help establish reuse, recycling, and waste reduction opportunities specific
the City. The Professional will calculate how much more of this waste stream can be diverted
towards materials markets and form detailed recommendations for improvements that include
a triple bottom line perspective (economic costs, community safety/well-being, and
environmental considerations).
Professional is asked to propose their approach for delivering a Sustainable Materials
Management (SMM) for Municipal Industrial Waste plan which address the following
elements detailed below:
A. Characterize waste: evaluate and further characterize waste from operational
departments.
B. Calculate potential diversion: using local information specific to Fort Collins’ material
and available recovery facilities, calculate how much more of the industrial waste
stream can be diverted towards materials markets.
C. Diversion implementation specific to Fort Collins: if additional materials can be recycled,
reused or reduced, provide detailed recommendations for the implementation of the
recommendations specific to Fort Collins’ materials and available facilities.
D. Metrics: build on existing systems to establish conclusive reporting metrics and
methodology to track progress, including costs related to SMM and disposal.
E. Waste source analysis: achieve a more granular level of understanding about
sources/causes for waste that is generated.
F. Waste reduction: identify new, emerging opportunities for departments to modify
products or procedures that are generating the waste in the first place.
G. Waste reuse: make linkages between departments to optimize waste diversion efforts
(e.g., share equipment, etc.) and identify opportunities to reuse the waste in a beneficial
way elsewhere in municipal operations, as well as recommend systems to make such
reuse or sharing happen.
H. Waste recycling: for materials that can’t be reduced or reused, but have a viable
recycling market, identify the market for the materials, anticipated procedures for
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preparing and transporting the material to the market, and any City of Fort Collins
facilities/resources necessary for implementation.
I. Landfill materials analysis: prepare a discussion of the materials not identified for
reduction, reuse, or recycling, and why landfill is their only likely destination.
J. Investment: Calculate the expenses and investments necessary for changes that need
to occur within the organization to achieve waste reduction goals.
K. Training: prescribe waste diversion/reduction training, awareness campaigns, and
possible incentives for staff in City operational departments that will create buy-in,
especially from those who are doing the materials management and diversion.
L. Examples from other jurisdictions: cite efforts/successes of other jurisdictions that have
adopted and implemented a municipal industrial waste reduction plan and/or specific
waste reduction, reuse or recycling activities.
M. Technology: advise about software applications or databases designed for municipal-
industrial waste applications.
N. Implementation timeline: estimate the amount of time needed for various tasks and
describe the appropriate sequencing of tasks and milestones.
Professional’s Proposal Response:
project approach
Fort Collins is quietly leading the state of Colorado in the advancement of material recovery and
diversion. While other cities in the state may have a larger public profile in materials
management, Fort Collins consistently implements innovations that are then replicated around
Colorado and the US. Most recently, the regional wasteshed and adoption of local flow control,
coupled with their already existing disposal bans, are leading the way to the City’s 2030 zero
waste goal. Not satisfied with these accomplishments, City staff and elected officials understand
the importance of reaching zero waste in their municipal operations, specifically in industrial
waste. This is both a symbolic action that sets the tone for the rest of the region, as well as a
practical goal; reducing these streams, and then capturing what cannot be reduced for reuse or
recycling, is needed to achieve a zero waste goal.
The proposed scope of work is intended to identify a core set of strategic and ultimately
actionable strategies for inclusion in a roadmap for Sustainable Materials Management (SMM)
for Municipal Industrial Waste (MIW). The roadmap will include recommendations for
implementation, triple bottom line impact estimations, as well as metrics and internal
communications strategies.
project plan
Professional is viewing the project tasks through a distinctly SMM lens - meaning that RRS will
be looking at both upstream and downstream options for waste elimination and reuse as well as
considering impacts beyond tons diverted and direct costs. The proposed approach builds upon
past work incorporating triple bottom line evaluation into strategic recommendations for success
and the project is designed to solicit City staff input throughout the process. The phased
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approach with multiple collaborative sessions with City staff will gain buy-in from impacted City
departments and staff to secure long term success.
After developing an initial opportunity analysis based on interviews, data review, and site visits,
Professional’s team will conduct a detailed TBL analysis leading to the delivery of a roadmap for
SMM in MIW. The roadmap will include an agreed upon core set of actions for near and mid-
term implementation. Professional has found that providing a succinct set of recommended
actions and implementation steps for our clients, as opposed to an exhaustive list of all potential
activities, facilitates the likelihood of success. Past work has demonstrated that client resources
are often limited, and by providing our clients with the core set of prioritized actions they are
able to focus and allocate resources needed for success.
In the RFP, the City ambitiously identifies 14 elements that they would like addressed by the
consulting team. The proposal combines these elements into four work group categories and
includes a ‘working’ kick-off meeting to jump start the project. The four work groups are
displayed in Figure 1.
Figure 1 Project Plan Work Groups
GROUP 1: KICK-OFF AND DISCOVERY
The first work group includes a series of activities to establish a deep level of understanding of the
municipal industrial waste material types and streams, generating activities, and generation centers. It also
includes an identification of the existing barriers and opportunities, data availability, and needs. The work
group will result in an opportunity analysis for SMM of MIW in Fort Collins.
• KICK-OFF MEETING – Within 2 weeks of contract finalization Professional’s team will
schedule a kick-off meeting with City staff to gather all data sources and reports and
discuss the project scope and desired outcomes. During the kick-off meeting the team
will review the timeline and deliverables and discuss what will constitute a successful
outcome for the project. Professional believes it will be integral to clearly define the
project expectations during the meeting to ensure that the team can deliver outcomes
that are on-time and within budget. Integral to this will be a clear understanding of the
breadth and depth of research. The proposed budget assumes the team will evaluate
opportunities from the following six study areas: Street Maintenance and Operations,
Fort Collins Electric Utilities, Water Reclamation, Drinking Water Production /
Distribution, Park and Natural Areas Management, and Police Services. If additional
sources are identified during the kick-off, Professional will seek to discuss the impacts
on the scope and budget with the City.
• WASTE SOURCE ANALYSIS AND CHARACTERIZATION – For each of the six
study areas, the project team will evaluate existing data on waste composition, conduct
Group 1
Kick-Off &
Discovery
Group 2
Exploration
&
Innovation
Group 3
Analysis &
Planning
Group 4
Road Map
Adoption
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interviews with key staff, and complete site visits to visually identify the waste stream,
resources, barriers, and opportunities. The in-person site visits will be scheduled on a
single day and will allow the team to visually identify material types, understand waste
flows, and inventory existing programs and equipment.
• OPPORTUNITY ANALYSIS: Upon conclusion of the first work group, Professional will
provide Fort Collins staff with an initial high level opportunity analysis. For each of the
study areas, the team will develop an SMM profile. The profile will include an inventory
of existing programs and resources as well as an identification the opportunities for
diversion for the following:
o Waste Reduction- Opportunities for waste reduction in daily operations;
o Waste Reuse- Materials that can be reused and donated or potentially shared across city
activities;
o Waste Recycling – Identification of materials that can be recycled in the region; and
o Landfill- Materials not identified for reduction, reuse, or recycling.
GROUP 2: EXPLORATION AND INNOVATION
In the second group of work, the project team will conduct research and host a collaborative work session
with City staff to discuss the full range of options and their potential implications in the SMM framework.
The outcome of Group 2 will be a refined list of targeted programs for detailed research and
investigation in Group 3.
• TECHNOLOGY REVIEW: Tracking data against benchmarks is key for not only
promoting success, but for understanding where future efforts should be focused. The
project team will conduct a high level review of the data tracking options for
consideration by the City. To maintain the budget, the review will include a brief
summary of each option along with the information needed for Fort Collins staff to
conduct further research on their own (i.e. contacts and web sites). The final roadmap
will include benchmarking metrics for the recommended programs.
• JURISDICTIONAL RESEARCH: Based on the findings of Group 1, Professional will
reach out to our wide range of national contacts (government and private sector) to
identify potential programs and innovations for consideration and adoptions. The team
will also research examples of success, or failure, diverting similar materials elsewhere.
• MARKET RESEARCH: Professional will research the potential availability of local and
regional infrastructure and markets for recyclable items. While a material may potentially
be recyclable, if there is no reasonable market available to Fort Collins, the material may
need to be dropped from immediate consideration.
• COLLABORATIVE WORK SESSION (1) AND REVISED OPPORTUNITIES:
Professional will work with City staff to organize the first of two collaborative work
sessions. During the work session, the project team will present the findings of the
discovery and exploration activities combined with the Group One opportunity analysis.
The materials of opportunity will be combined with potential programs and actions to
determine which materials should be targeted and how. During the meeting,
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Professional’s team will work with City staff to identify potential synergy opportunities
(outputs as inputs, shared resources, trainings, others) based on the study area profiles
and what we learned. The goal of the meeting will be to develop a list of 8 – 10 Primary
Programs for deep review and 1 to 3 Alternatives for potential review. The programs will
include options in all three buckets of opportunity (reduction, reuse, and recycle) and will
be chosen across the entire set of municipal industrial waste operations. The programs
will not necessarily be equitably split between the six study areas, meaning that there
may be three programs for Water Reclamation, and only one for Police services, or vice
versa. The programs identified during the task will be moved on to work group 3.
GROUP 3 – ANALYSIS AND PLANNING
Group 3 is the detailed examination of the program options, resulting in a matrix and triple
bottom line evaluation. The work group will be conducted primarily in the RRS offices and unlike
the other tasks, will require little interaction with City staff. It will rely on in-house data modeling
and analyst labor.
• TRIPLE BOTTOM LINE ANALYSIS: Professional’s team will conduct a detailed
analysis of the Primary Programs. The analysis will evaluate the investment needed to
achieve change, calculate the potential diversion, and evaluate the environmental
benefits of diversion. If one or more of the Primary Programs is determined to not be
feasible (too costly, resources not available, little to low positive impact, etc.) during this
evaluation, an alternative program will be considered for analysis. Professional will seek
approval from City staff prior to the substitution of any Alternative Program for a Primary
Program.
GROUP 4 – ROAD MAP ADOPTION
The final set of project tasks culminates in the delivery, and eventual adoption, of a roadmap for
SMM in Municipal Industrial Waste. The task includes an in-person report-out of the group 3
findings and reconvening of City staff to discuss steps and gather buy-in for future
implementation. The final deliverable will include the recommendations for implementation of
the core program, benchmarking metrics, timeline, and training.
• COLLABORATIVE WORK SESSION (2): Upon conclusion of the TBL analysis and matrix evaluation,
Professional will provide Ft. Collins staff with an agenda for approval for the second collaborative
work session. During the work session, the project team will present the initial analysis findings and
discuss the resources (staffing, capital, training), cross city collaboration, and steps needed for
implementation. The meeting will result in an outline of implementation steps, metrics, and timeline
for the final roadmap.
• ROADMAP: Professional will provide the City with a draft and final copy of the SMM roadmap.
The budget allows for the production of the roadmap in ether a traditional report format or a
detailed PowerPoint report with an executive summary and supporting documentation.
Professional has found that many of our clients prefer the PowerPoint format as it is a) easier to
digest b) can be shared around the organization and c) the graphic design elements make it more
engaging. Both options would contain the same information including detailed recommendations
for implementation, metrics that build on existing city systems or include new data tracking tools,
trainings and/or campaigns for staff to implement programs, and an implementation timeline.
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EXHIBIT B
BID SCHEDULE/COMPENSATION
project budget
RRS will perform the work as assigned by the client for a fixed price not to exceed
$32,200 as identified below. The total of the fee proposal shall control and the
project team may reallocate effort and cost within the total.
HOURS
LABOR
COSTS
EXPENSES
TOTAL TASK
COST
Group 1: Kick-Off and
Discovery
79 $9,910 $150 $10,060
Group 2: Exploration and
Innovation
65 $6,515 $100 $6,615
Group 3: Analysis and
Planning
38 $4,273 $0 $4,273
Group 4: Road Map
Adoption
89 $10,962 $185 $11,253
TOTAL 271 $31,660 $440 $32,200
hours and rates
The estimated hours by job classification and rate are displayed below.
RATE HOURS
President $195 12
Sr. Consultant $142 112
Field Engineer $127 21
Analyst $116 64
Intern/Jr. Analyst $56 62
TOTAL N/A 271
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project timeline
Upon receipt of the signed Project Authorization page of the proposal, RRS and
the client will identify a start date agreeable to both parties. The following
preliminary project timeline will be discussed and confirmed at project
authorization.
Aug. Sept Oct. Nov. Dec.
Group 1: Kick-Off and
Discovery
X X
Group 2: Exploration and
Innovation
X X
Group 3: Analysis and
Planning
X
Group 4: Road Map Adoption X X
PROJECT TEAM
STAFF MEMBER/
LOCATION
PROJECT ROLE
YEARS OF
EXPERIENCE
Juri Freeman / Boulder,
CO
Project Manager 13
JD Lindeberg / Ann
Arbor, MI
Project Advisor 30
Resa Dimino /
Kinderhook, NY
Challenge Materials Research and Analysis 25
Chris King / Boulder, CO Research and Analysis 10
Meghan Wiebe / Boulder,
CO
Research and Analysis 4
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EXHIBIT C
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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 $1,000,000 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.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
DocuSign Envelope ID: C36D499B-040A-420D-A90D-C75E7A578EB3
Official Purchasing Document
Last updated 10/2017
Professional Services Agreement
8969 Municipal Industrial Waste Reduction/Recycling Project Page 15 of 15
EXHIBIT D
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.
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CERTIFICATE OF EXEMPTION FROM VEHICLE LIABILITY INSURANCE
AND ACKNOWLEDGEMENT OF RISK/HOLD HARMLESS AGREEMENT
I, _________________________________ , as an owner / member / partner / stockholder
(circle one) in ______________________________________ (insert business name), a Sole
Proprietorship / Limited Liability Company / Partnership / Corporation (circle one), with a
principal address of _________________________________________________
, certify to the City of Fort Collins, Colorado (the “City”) that
the aforementioned business will not utilize any motor vehicles in the course of providing services
to the City.
On behalf of said business and its officers, agents, insurers, heirs, legal representatives,
successors and assigns (collectively the “Business”), I warrant that I have full authority to
execute this Certificate on behalf of the Business. I warrant the Business understands and
complies with the motor vehicle insurance requirements as required by law. If the nature of
the Business’s work for the City changes in such a manner that vehicles will be used in the
provision of services to the City, the Business shall provide the City with a Certificate of
Insurance evidencing proof of Vehicle Liability Insurance coverage in the amount of $1,000,000
with the City as a named additional insured. The Business shall provide such Certificate of
Insurance prior to utilization of any vehicles in the provision of services to the City.
On behalf of the Business, I acknowledge the Business shall maintain at all times vehicle
insurance in accordance with minimum requirements as required by law. The Business does
hereby waive, release and forever discharge and hold harmless the City, its officers, employees,
agents and insurers from any and all liability, damages, claims, causes of action and demands
with respect to any bodily injury, personal injury, illness, death, and property damage that arises
from the performance of the Agreement, either in law or equity, whether caused by the
negligence or breach of contract of the City its officers, employees, agents and insurers or
otherwise. The Business also understands that the City, its officers, employees, agents and
insurers do not assume any responsibility for, or obligation to, provide the Business with financial
assistance or other assistance, including but not limited to medical, health, or disability
insurance in the event of any bodily injury, personal injury, illness or death The Business agrees
to defend, indemnify, and hold harmless the City from any and all such claims.
By signing this Certificate, the Business acknowledges that it is responsible and liable for all
vehicle-related liabilities, and further requests the City waive its requirement of Vehicle Liability
Insurance.
BUSINESS:
By:
Printed:
Title:
Date:
JD Lindeberg
Resource Recycling Systems
416 Longshore Dr., Ann Arbor, MI 48105
Resource Recycling Systems, Inc.
JD Lindeberg
President
9/12/2019
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