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HomeMy WebLinkAboutC-3007 - Solid Waste Recycling PlansLl Sent: Tuesday, June 03, 1997 6:59 AM To: [BUTLER Subject: RE: EcoNomics, Inc: Solid Waste Consult Importance: High Null and void, destroy. From: Butler, Irene on Mon, Jun 2, 1997 1:42 PM Subject: EcoNomics, Inc.- Solid Waste Consulting To: Niederhaus, Dave Cc: CHNET /CITYHALL/mpisani Is Contract No. 3007 awarded on 5/9/94 to EcoNomics, Inc., still in effect (Consulting Services associated with satisfying the mandates of AB 939). The contract in the Clerk's office has no termination date. Please advise so that we can complete our review of contract files to determine activelnactive status. Thanks! CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE FINANCE DIRECTOR FROM: CITY CLERK DATE: May 23, 1994 SUBJECT: Contract No. C -3007 Description of Contract Consultant Agreement for Recycling Plans (Solid Waste) Effective date of Contract May 13 1994 -- Authorized by Minute Action, approved on May 9 1994 Contract with EcoNomics Address 832 Camino Del Mar Suite 2 Del Mar CA 92014 Amount of Contract (See Agreement) &4� S Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach fig) City Council Agenda Item No. 16 May 9, 1994 TO: Mayor and City Council FROM: General Services Director C _ J SUBJECT: Consultant for Recycling Plans and Activities APPROVED Recommendation If desired, authorize the Mayor and the City Clerk to execute a Professional Services Agreement on behalf of the City with EcoNomics Inc. of Del Mar, CA to perform a variety of solid waste consulting services associated with AB 939 recycling compliance requirements for a fee not to exceed $16,330. Background Since the City Staff and a consultant firm completed the Source Reduction and Recycling Element (SRRE) in 1991, numerous items of legislation have remolded the requirements and accounting procedures for recycling and added a considerable new workload for City Staff. Many other bills associated with solid waste and recycling are now being considered by the State legislature which will impact the City as well. Before the end of this year the City must submit a Non Disposal Facility Element, develop and approve an ordinance on recycling requirements associated with new development, consider revision of the SRRE after review and adjustment of the original waste audit, assess the effects of 14 new items of recycling legislation, apply a technical mathematical methodology to City waste data for maximum diversion credit, and provide a Recycling Status Report to the California Integrated Waste Management Board. In addition, Staff must review the private hauler accountability regulations and close any gaps in the associated monitoring program to ensure minimum levels of recycling are achieved. In anticipation of these requirements and the May I loss of our Recycling Coordinator position, Staff prepared a Request for Proposal which was sent to seven solid waste consulting firms. On April 6, 1994, seven proposals were received ranging in cost from $16,330 to $45,500. A summary of the proposals is attached. On April 18, Staff met with the low bidder, EcoNomics of Del Mar, California to discuss their proposal. The President of the company, Mr. William O'Toole, is very familiar with County and City recycling activities, since his original firm, Recovery Sciences, Inc., conducted the County waste audit in 1990 that formed the basis for our SRRE. Since that time the company has changed names and expanded its services to assist with AB 939 compliance projects for various cities including the City of Rancho Mirage, where a recent landmark recycling decision has drastically changed the solid waste industry. Other cities that EcoNomics, Inc. has provided solid waste consultant services include Los Angeles, Oakland, Indian Wells, La Quinta, Buena Park, La Palma, and Stanton. In addition, the firm performed a comprehensive waste audit for Southern California Edison that has saved the utility over $300,000. The General Services Department is following the trend of other cities in obtaining recycling consultant services. With the smallest administrative staff (2) of any large City Department (145 employees), we are simply overwhelmed with new legislation, year -round budget activities, personnel administration, and the assumption of numerous new responsibilities. This year is extremely important for recycling accountability as we move toward the January 1995 milestone of 25% diversion of all solid waste. It is important that we have adequate assistance in doing this. While it is true that the County is providing minimal support and model formats for some requirements, their staff are not dedicated to ensuring our best interests are being looked after. An excellent example of the latter was the assignment by the County of large waste tonnages to various cities without regard to the level of development of each City. Our City was assigned an additional 95,354 tons in 1991 by County staff without regard for our high level of development. An independent review of this action, particularly by EcoNomics Inc., the firm that performed the original waste audit would be highly beneficial to the City. This would be just one of the tasks that the contractor would perform. Funding is not available in the current General Services budget for recycling consultant services. However, when the monthly recycling surcharge of $1.78 was calculated for FY 93 -94, $25,000 was earmarked for consultant assistance. While these funds have been collected, they have not been used, but have been deposited in the General Fund. A budget amendment has been submitted separately that would transfer $16,330 from the General Fund to the General Services Department operating budget. The attached professional services agreement is provided for your review and approval. The agreement has three Exhibits: Exhibit A provides a work plan and scope of work, Exhibit B describes the contractor compensation schedule, and Exhibit C notes hourly billing rates. In summary, reduced City Staff and increased legislative requirements necessitate the interim use of a solid waste consultant to ensure the City is adequately prepared for the approaching recycling accountability milestones and to develop future strategic recycling goals to obtain the 50% diversion required by the year 2000. Very respectfully, David E. Niederhaus DEN /es Attachments: Request for Proposals Summary Professional Services Agreement 9 0 4/06/94 To: Dave Niederhaus From: Bill West Subject: RFP FOR SOLID WASTE CONSULTANT (RFP No. 9394 -RFP -003) RFPs were mailed to fifteen (15) companies that provide Solid Waste Consultation services. In addition, two (2) copies were given to companies who came to our offices on 3/29/94. Seven RFP responses were received by the Due Date of 4/05/94 at 11:00 AM. The costs for each for the four separate services are shown below. RECAPITULATION FOR SOLID WASTE CONSULTANT CI,C2) I have provided you with copies of all seven (7) proposals for your review. AMERICLEAN AURORA CDM, INC. ECONOMICS EMCON HILBERT SCS ENG. "A" S 3,250.00 $11,500.00 S 2,000.00 $ 5,200.00 S 7,500.00 $ 3,000.00 $12,000.00 "B" S 3,900.00 S 1,200.00 S 5,000.00 S 51500.00 514,000.00 S 7,200.00 510,000.00 SubTot. 7,150.00 19,850.00 7,000.00 10,700.00 21,500.00 10,200.00 13,000.00 (A & B) (2) (6) (1) (4) (7) (3) (5) "C -I" S 3,900.00 S 6,500.00 S 7,000.00 S 3,120.00 S 8,000.00 512,000.00 S 3,500.00 "C-2" $22,750.0 0 $ 4,500.00 $ 7,000.00 $ 2,510.00 $76,000.00 $ 6000.00 $ 7,000.00 SubTaL 26,650.00 11,000.00 14,000.00 5,630.00 24,000.00 18,000.00 10,500.00 (CI&C2) (7) (3) (4) (1) (6) (5) (2) Total 433.900.00 23.700.00 21.000.00 16,330.00 45,500.00 28.200.00 32.500.00 (A,B, (6) (3) (2) (I) (7) (4) (5) CI,C2) I have provided you with copies of all seven (7) proposals for your review. 0 0 EXHIBIT A WORK PLAN AND SCOPE OF WORK The following work plan addresses all the system objectives (4.1 through 4.10) as described on page 11 of the RFP. The work plan has been divided into three tasks. In Task A the current requirements of compliance with the regulations is clarified and presented to City Staff. Then the City's exact status of compliance with the law will be determined within the context of current regulations. This will be done within the first four weeks of the project. Task B takes the steps required to come into full compliance with State lava. We will write the Non - Disposal Facility Element, modify the SRRE as needed, file the AB 939 Status Report and review existing programs to assure compliance. We have allowed eight weeks for this portion of the project. This will allow the CIWMB time to reply to any requests for clarification. The actual regulatory deadline for submittal of the status report is October 1994. Both the Non - Disposal Facility Element and any modifications to the SRRE are due on December 31, 1994. Task C is the assessment of the recycling activities of the numerous private haulers servicing the commercial sector Newport Beach. This work will be conducted during the third month of the project. An additional aspect of this task is the determination of the cost and desirability of implementing a monitoring program for the recycling/ diversion activities of the commercial sector. This work would be completed toward the end of the project (October) when all other regulatory compliance issues have been finalized. It will be completed in time to include the monitoring program in the SRRE modification if the City decides to do SO. Task A :Determine AB 938 and AB 2494 C6 - lia* EcoNomics will review the Source Reduction and Recycling Element (SRRE) prepared for Newport Beach in 1991. We will assess the adequacy of the SRRE in light of the following changes in legislation and regulations made since it was prepared: 1. Review SRRE for Compliance with the AB 2494 25% Diversion Requirement Newport Beach must divert 25% of its municipal solid waste from landfill by 1995. AB 2494 requires that the diversion be measured by comparing the tonnage landfilled from Newport Beach in 1990 with the tonnage landfilled during 1995. The California Integrated Waste Management Board ( CIWMB) has issued a draft formula for making this comparison. The formula factors in adjustments for growth and the state of the economy. We will use this draft formula to calculate the City's compliance with the 25% diversion requirement using the 1994 landfill tonnages. We will summarize the results in a letter report to the City. If there are changes in the draft formula that would result in a more accurate calculation of LFA the Newport Beach tonnages, we will prepare a draft letter from the City to the CIWMB requesting these changes to the formula. 2. Use of ConstruetionlDemolition and Scrap Metal Tonnages CIWMB regulations outline the requirements which a City must meet in order to take diversion credit for certain inert materials (including construction/ demolition waste, scrap metal, etc.) in their 1990 baseline tonnages. Pursuant to the C/D waste allocation method used in Orange County, Newport Beach had available to it 95,354 tons of C/D waste. The City chose not to take credit for this material in preparing the tonnages reported in the SRRE. EcoNomics will review this issue to see if the CIWMB requirements for claiming a C/D diversion credit in 1995 could be met by Newport Beach. We will describe the results of this analysis in a letter report to the City. 3. Proposed Changes or Alternatives to Recycling Activities EcoNomics is currently working with several cities to implement cost effective source reduction and recycling programs to achieve compliance with the AB 939 diversion mandates. We will assess the recycling and source reduction programs currently in operation in Newport Beach and those planned when the SRRE was written. Utilizing the diversion percentages calculated in Task A -1 we will determine the types of programs needed to achieve the 25% diversion mandate by 1995 and the 50% diversion mandate by the year 2000. EcoNomics will meet with city staff to discuss the initial results of this review. Based upon those discussion we will prepare a letter report summarizing our recommendations for changes or alternatives to the existing and planned recycling and source reduction activities. 4. List of ChangeslAdditions Required to the SRRE EcoNomics is familiar with all of the legislation and regulations describing the requirements for the SRRE update which is due to the CIWMB on or before December 31, 1994. EcoNomics will review the Newport Beach SRRE and compile a list of changes and /or additions which should be made to the document as part of this update. Items reviewed will include: a. Status of source reduction, recycling, composting and other programs listed in the SRRE b. Proposed changes to these programs (determined in Task A -3) c. Revisions required to 1990 baseline tonnages (if any) d. Special circumstances that are affecting the City's efforts to meet the AB 939 requirements (e.g. methods utilized at the Orange County landfills to track the source of commercial/ industrial waste) e. Status of funding for source reduction and recycling programs 0 • A list and complete description of the changes and additions required to the Newport Beach SRRE will be provided in a letter report to the City. Newport Beach must submit the following three (3) documents to the CIWMB during 1994: Submittal Date Due 1. AB 939 Status Report 10/31/94 2. Revised SRRE 12/31/94 3. Non - Disposal Facility Element 12/31/94 Once this task is authorized by the City, EcoNomics will prepare a draft of each of these submittals for review and comment by city staff. EcoNomics will meet with City staff to discuss their comments and then finalize each document for submittal to the CIWMB prior to the deadlines required. 1. AB 939 Status Report The legislature has required the CIWMB to prepare a report on statewide progress toward the 25% diversion mandate. In order to make this report, the CIWMB is requiring each city and county to fill out a status report form. The draft status report form issued by the CIWMB is attached as Appendix 1. EcoNomics will prepare a draft status report form and provide it to city staff for review and comment. The comments will be discussed and incorporated into the final status report for submittal to the CIWMB. 2. Update SRRE Since the City of Newport Beach falls into the category of cities having 8 years or more of landfill capacity, the updated SRRE is due on December 31, 1994. (Cities with less landfill capacity have a different due date.) Based upon the analysis performed in Tasks A -1 through A -4, EcoNomics will revise the SRRE and present a draft to city staff for their review. EcoNomics will discuss the draft with staff and then incorporate their comments into the final revision of the SRRE for submittal to the CIWMB prior to the December 31, 1994 deadline. Prepare the Non - Disposal Facility Element (NDFE) State law requires each city and county to prepare a Non- Disposal Facility Element (NDFE). This element must describe all of the solid waste facilities used by the city of Newport Beach other than landfills. The key facility that must be described and reported in the NDFE is the CRT Materials Recovery and Transfer 0 0 Facility in Stanton. The NDFE will contain a description of that facility and the tonnages being delivered to it from the City of Newport Beach. EcoNomics will prepare the NDFE according to the regulations and guidelines issued by the CIWMB. We will present a draft of the document to city staff for review and comment. We will discuss the draft with staff and incorporate their comments into the final NDFE for submittal to the CIWMB prior to the December 31,1994 deadline. Newport Beach receives periodic reports from the CRT Materials Recovery and Transfer Facility concerning the level of diversion occurring. CRT is currently reporting a 28% diversion level for tonnage delivered to that MR-F. However, the city has approximately fourteen (14) private solid waste haulers collecting commercial and industrial waste in Newport Beach. There is currently no system which allows the City to track the recycling and diversion field activities of these private haulers. In this task, an evaluation of their activities will be conducted and a monitoring plan installed and managed. Evaluate Existing Recycling & Diversion Activities of Private Haulers Upon receipt of authorization by the City, EcoNomics will determine the recycling and diversion field activities of the private waste haulers operating in Newport Beach. Due to our work on the 1990 Waste Characterization Study for Orange County, we are familiar with the solid waste hauling companies operating in Newport Beach. We will determine the types of recycling and diversion programs they are conducting and will quantify (to the extent they will voluntarily make data available to us) the approximate amount of solid waste being diverted by these haulers. EcoNomics will summarize the information obtained in a draft letter report to the City. We will present the report to city staff for their review and comment. We will discuss the report with staff and then finalize the report. Relevant information from this report will be incorporated into the revised SRRE prepared in Task B -2. 2. Implement and Mange a Program to Monitor the Recycling and Diversion Activities of Private Haulers a. Develop Monitoring Program EcoNomics will develop a monitoring program to track the recycling and diversion field activities of the fourteen (14) private solid waste haulers operating in Newport Beach. We will prepare an outline of a draft monitoring program for the city's review. Once the city has approved the draft program, we will discuss it with several private haulers to obtain both their support for the program and their comments on how to make reporting simple and easy for the haulers. 0 0 EcoNomics is currently assisting the County of Riverside in developing a new tonnage tracking system for all the County- operated landfills. The new tracking system was recently successfully pilot tested and is now being implemented on a County -wide basis. One of the reasons for the program's success has been EcoNomics' role in developing a program that is simple for the haulers and requires the least deviation from their normal operations. We believe this same technique can be used to develop a useful tracking system for recycling activities by the haulers in Newport Beach. EccNomics will present the final monitoring program in a letter report to City staff. We will meet with staff to discuss the program and then finalize the report accordingly. b. Manage the Monitoring Program Once the final monitoring program is approved by the City, EcoNomics will implement the monitoring system with the private haulers. We will distribute the appropriate reporting forms to the haulers and follow up with them to make sure the reports submitted are complete. We will compile the results of the initial monitoring period and report these to city staff. EcoNomics will train city staff to continue to manage the monitoring program. We will work with the staff to complete the second round of monitoring and will be available on an "as needed" basis after that time to respond and to troubleshoot when requested by staff. 0 City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 EXHIBIT B Compensation to Consultant RFP No. 9394 -RFP -003 The undersigned submits this proposal to provide consulting services for solid waste as described below to the City of Newport Beach: SECTION "A" Cost to determine the current City status of comliance with AB 939 and AB 2494 and address the impact of any proposed changes to recycling activities. (Pg.10, Sect. Ill, Item 3, 1st Par.) TOTAL PRICE SECTION "B" )TAL PRICE (FIGURES) Cost to provide full services related to research, element preparation (NDFE), modification (SRRE), and compliance. (Pg.10, Sect. III, Item 3, 2nd Par.) Five thousand five hundred dollars" TOTAL PRICE (WORDS) TOTAL PRICE (FIGURES) SECTION "C -1" Cost to provide evaluation of the existing recycling/ diversion activities of private haulers. (Pg.10, Sect. III, Item 3, 1st Par., 1st Item) AL PRICE (WORDS) TOTAL PRI( (FIGURES) SECTION "C -2" Cost to manage a full time monitoring program of private haulers. (Pg.10, Sect. III, Item 3, Ist Par., 2nd Item) Two thousand five hundred and ten dollars $2.510 TOTAL PRICE (WORDS) TOTAL PRICE (FIGURES) EcoNomics Inc April 1994 Offeror (Company) Date 832 Camino Del Mar Suite 2 /President Street Address Authoirzed Signature /Title Del Ma* California 92014 WILLIAM O'TOOLE /President City, State Zip Above Name /Title (Printed /Typed) (619) 481-1980 Phone 0 EXHIBIT C EcoNomics, Inc. Hourly Billing Rates Job Classification Principal - President Principal -Vice President Project Supervisor Project Analyst Clerical Support Costs of Materials and Services • Hourly Rate $140.00 $120.00 $75.00 $65.00 $38.00 Direct costs incurred in the performance of services required by the Agreement, such as reproduction, freight, postage, messenger service, computer charges, printing, telephone /fax, and travel outside of Southern California will be billed at cost. i c > u m c 9 p 9 m o U ]O C L `a o U 3 u o w N U ` J N W m C i i 0 h y m o U v F 3 m y y O y CL` c a o Q a1 QI N y 9 p y 9 F O 3 u o w N ` w N W m O c a Q .0 L N o 0 m -r ~ o ate. y C: C �. y N C E N +� 0 E co a a� U (n — o w 0 E C p W m O m O CL Q O 0 w Z v Z 0 F. U w W C i i 0 h y m o U v F 3 m y y O y CL` c a o Q a1 QI N 9 p y 9 F 3 u o y x � W m 3 m« o 0 m -r ~ o y 3 a- m a m m m w m o `m � > m Q C N m Y C z U c 3 v • 0 N m m CL j 1 i 3 t1 S f 1 3 N N m [ � � p O m m m y m N C m m m m 0 C C u' o E n m 0[ C O O O 0 o m y m Q c m u E " u o _ L n m m E m C m m LL m C 9 7 C m m C J C m n m o ,� � m> .. m p m o. n u m m" �c z u u E N p u 0 E o m m p_ ,� U J � m C p m m m g m m C N •. m� O] C N J m N J m = D p a o 0 0 m 0 �c m o D m° f m c o o, m " m a m U C m m - m U a 0 I 0 9 m a Z T C Z Cr cn m C7 O z A V r C- c C Ir Eli -._ ��I J �LLi I I i i N N m [ � � p O m m m y m N C m m m m 0 C C u' o E n m 0[ C O O O 0 o m y m Q c m u E " u o _ L n m m E m C m m LL m C 9 7 C m m C J C m n m o ,� � m> .. m p m o. n u m m" �c z u u E N p u 0 E o m m p_ ,� U J � m C p m m m g m m C N •. m� O] C N J m N J m = D p a o 0 0 m 0 �c m o D m° f m c o o, m " m a m U C m m - m U a 0 I 0 9 m a Z T C Z Cr cn m C7 O z A V r C- c C LLII C p - N N �C� N N N I :7 t'l C1 y E m > m C C � m u m � � U E m 9 Y N U m m m E N n mi m � � .� o m N u H N Q m Q O Q N 9 T m 9 O C E E E U m U 9 LLII M ' J F I -: N O C w m m Q1 T m 3 � w w' -m: m E c C p - N N N N N N N :7 t'l C1 y E m m m C � o � m � � U E m 9 Y N U m m m E N n m � � .� o m N u H N Q m Q O Q N 9 T m 9 O C E E E U m U 9 O m Y Q . U U m J 0 J 0 9 m m E m d� � M ' J F I -: N O C w m m Q1 T m 3 � w w' -m: m E c o N m c, CL m n 0 Z 7 1 i a J m n I O z w m 0 O Z A U: m C z v C p - m E o n 0 y E m m m N � o � U m 9 Y N U a m E N .. .� E N u H N Q m Q O Q 3 C Ci .J o N m c, CL m n 0 Z 7 1 i a J m n I O z w m 0 O Z A U: m C z v x �r IY ' Q— N f V� (O h v IT IT IT v v v v v m CD O N I 1 i ,i` m C) v —i c � O a Z m E c c a o E � m E � o m > m a a o m 4 A CL W 0 a 9 Y m U O U 6 30�c7a� Y E m¢ `m O m CD O N I 1 i ,i` W- m c� O 2 A U IT C c; m C) v —i m � O a Z W- m c� O 2 A U IT C c; 1. CONSULTANT AGREEMENT THIS AGREEMENT, entered into this 44-� day of _ 19�y, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and EcoNOmics, Inc. whose address is 832 Camino Del Mar, Suite 2, Del Mar, California 92014 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. The principal members of Consultant are William O'Toole and Valerie Lenz. C. City desires to engage Consultant to provide solid waste consulting services associated with satisfying the mandates of AB 939 upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: -1- 0 1. TERM 0 The Term of this Agreement shall commence on the _ day of 19__, and shall terminate on the ___ day of 19_, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. 4. STANDARD OF CARE All of the work shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such -2- 0 licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, -3- 0 0 who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated William O'Toole to be its Project Manager. 8. TIME OF PERFORMANCE The task to be performed by Consultant under and pursuant to this Agreement shall be completed within 180 days after project estimate is accepted. Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular ! • basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own -5- 0 • expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the City, it selected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to city certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class B or better carriers: A. worker's compensation insurance covering all employees and principals of the Consultant, per the laws of the state of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any -7- right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (500) or more of the voting power, or twenty -five percent (250) or more of the assets of the corporation, partnership or joint venture. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduces, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. M No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base, maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the General Services Department. The General Services Director or his /her designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "C." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each -10- 0 0 invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 25. ERRORS AND OMISSIONS In the event that the Project Administrator determines that the Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the plans or contract specifications, Consultant shall reimburse City for the additional -11- 0 expenses incurred by the City including engineering, construction and /or restoration expense. Nothing herein is intended to limit City's rights under Section 13. 26. TEN PERCENT (10a) WITHHOLDING City may withhold an amount equivalent to ten percent (100) of the total compensation provided herein, to be released to Consultant upon final adoption of the study by the Mayor and City Council. The City reserves the right to refuse to pay all billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed and adopted as specified above. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 29. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to -12- the provisions of the California Political Reform Act of 1974 (the "Act ") , which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter -13- 0 • provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 Attention: General Services Director All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: EcoNomics, Inc. 832 Camino Del Mar, Suite 2 P.O. Box 2209 Del Mar, CA 92014 Attention: William O'Toole 32. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. -14- • 0 City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 33. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 36. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and -15- 0 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: CITY CLERK APPROVEF AS 'T ,FORM: CITY ATTORNEY � gr /agr /consul[. agt/7 -91 -16- CITY OF NEWPORT BEACH A Mun-kcipal Corporation �i CONSULTANT B Y: EXHIBIT A WORK PLAN AND SCOPE OF WORK The following work plan addresses all the system objectives (4.1 through 4.10) as described on page 11 of the RFP. The work plan has been divided into three tasks. In Task A the current requirements of compliance with the regulations is clarified and presented to City Staff. Then the City's exact status of compliance with the law will be determined within the context of current regulations. This will be done within the first four weeks of the project. Task B takes the steps required to come into full compliance with State law. We will write the Non - Disposal Facility Element, modify the SRRE as needed, file the AB 939 Status Report and review existing programs to assure compliance. We have allowed eight weeks for this portion of the project. This will allow the CIWMB time to reply to any requests for clarification. The actual regulatory deadline for submittal of the status report is October 1994. Both the Non - Disposal Facility Element and any modifications to the SRRE are due on December 31, 1994. Task C is the assessment of the recycling activities of the numerous private haulers servicing the commercial sector Newport Beach. This work will be conducted during the third month of the project. An additional aspect of this task is the determination of the cost and desirability of implementing a monitoring program for the recycling/ diversion activities of the commercial sector. This work would be completed toward the end of the project (October) when all other regulatory compliance issues have been finalized. It will be completed in time to include the monitoring program in the SRRE modification if the City decides to do SO. Task A ;Determine AB 939 and AB 2494 Corf Har ce EcoNomics will review the Source Reduction and Recycling Element (SRRE) prepared for Newport Beach in 1991. We will assess the adequacy of the SRRE in light of the following changes in legislation and regulations made since it was prepared: 1. Review SRRE for Compliance with the AB 2494 25% Diversion Requirement Newport Beach must divert 25% of its municipal solid waste from landfill by 1995. AB 2494 requires that the diversion be measured by comparing the tonnage landfilled from Newport Beach in 1990 with the tonnage landfilled during 1995. The California Integrated Waste Management Board (CIWMB) has issued a draft formula for making this comparison. The formula factors in adjustments for growth and the state of the economy. We will use this draft formula to calculate the City's compliance with the 25% diversion requirement using the 1994 landfill tonnages. We will summarize the results in a letter report to the City. If there are changes in the draft formula that would result in a more accurate calculation of 0 0 the Newport Beach tonnages, we will prepare a draft letter from the City to the CIWMB requesting these changes to the formula. 2. Use of ConstructionlDemolition and Scrap Metal Tonnages C1WMB regulations outline the requirements which a City must meet in order to take diversion credit for certain inert materials (including construction/ demolition waste, scrap metal, etc.) in their 1990 baseline tonnages. Pursuant to the C/D waste allocation method used in Orange County, Newport Beach had available to it 95,354 tons of C/D waste. The City chose not to take credit for this material in preparing the tonnages reported in the SRRE. EcoNomics will review this issue to see if the CIWMB requirements for claiming a C/D diversion credit in 1995 could be met by Newport Beach. We will describe the results of this analysis in a letter report to the City. 3. Proposed Changes or Alternatives to Recycling Activities EcoNomics is currently working with several cities to implement cost effective source reduction and recycling programs to achieve compliance with the AB 939 diversion mandates. We will assess the recycling and source reduction programs currently in operation in Newport Beach and those planned when the SRRE was written. Utilizing the diversion percentages calculated in Task A -1 we will determine the types of programs needed to achieve the 25% diversion mandate by 1995 and the 50% diversion mandate by the year 2000. EcoNomics will meet with city staff to discuss the initial results of this review. Based upon those discussion we will prepare a letter report summarizing our recommendations for changes or alternatives to the existing and planned recycling and source reduction activities. 4. List of ChangeslAdditions Required to the SRRE EcoNomics is familiar with all of the legislation and regulations describing the requirements for the SRRE update which is due to the CIWMB on or before December 31,1994. EcoNomics will review the Newport Beach SRRE and compile a list of changes and /or additions which should be made to the document as part of this update. Items reviewed will include: a. Status of source reduction, recycling, composting and other programs listed in the SRRE b. Proposed changes to these programs (determined in Task A -3) c. Revisions required to 1990 baseline tonnages (if any) d. Special circumstances that are affecting the City's efforts to meet the AB 939 requirements (e.g. methods utilized at the Orange County landfills to track the source of commercial/ industrial waste) e. Status of funding for source reduction and recycling programs i i A list and complete description of the changes and additions required to the Newport Beach SRRE will be provided in a letter report to the City. Newport Beach must submit the following three (3) documents to the CIWMB during 1994: Submittal Date Due 1. AB 939 Status Report 10/31/94 2. Revised SRRE 12/31/94 3. Non - Disposal Facility Element 12 /31/94 Once this task is authorized by the City, EcoNomics will prepare a draft of each of these submittals for review and comment by city staff. EcoNomics will meet with City staff to discuss their comments and then finalize each document for submittal to the CIWMB prior to the deadlines required. 1. AB 939 Status Report The legislature has required the CIWMB to prepare a report on statewide progress toward the 25% diversion mandate. In order to make this report, the CIWMB is requiring each city and county to fill out a status report form. The draft status report form issued by the CIWMB is attached as Appendix 1. EcoNomics will prepare a draft status report form and provide it to city staff for review and comment. The comments will be discussed and incorporated into the final status report for submittal to the CIWMB. 2. Update SRRE Since the City of Newport Beach falls into the category of cities having 8 years or more of landfill capacity, the updated SRRE is due on December 31, 1994. (Cities with less landfill capacity have a different due date.) Based upon the analysis performed in Tasks A -1 through A -4, EcoNomics will revise the SRRE and present a draft to city staff for their review. EcoNomics will discuss the draft with staff and then incorporate their comments into the final revision of the SRRE for submittal to the CIWMB prior to the December 31, 1994 deadline. 3. Prepare the Non - Disposal Facility Eleinent (NDFE) State law requires each city and county to prepare a Non - Disposal Facility Element (NDFE). This element must describe all of the solid waste facilities used by the city of Newport Beach other than landfills. The key facility that must be described and reported in the NDFE is the CRT Materials Recovery and Transfer Facility in Stanton. The NDFE will contain a description of that facility and the tonnages being delivered to it from the City of Newport Beach. EcoNomics will prepare the NDFE according to the regulations and guidelines issued by the CIWMB. We will present a draft of the document to city staff for review and comment. We will discuss the draft with staff and incorporate their comments into the final NDFE for submittal to the CIWMB prior to the December 31, 1994 deadline. Newport Beach receives periodic reports from the CRT Materials Recovery and Transfer Facility concerning the level of diversion occurring. CRT is currently reporting a 28% diversion level for tonnage delivered to that MRF. However, the city has approximately fourteen (14) private solid waste haulers collecting commercial and industrial waste in Newport Beach. There is currently no system which allows the City to track the recycling and diversion field activities of these private haulers. In this task, an evaluation of their activities will be conducted and a monitoring plan installed and managed. Evaluate Existing Recycling & Diversion Activities of Private Haulers Upon receipt of authorization by the City, EcoNomics will determine the recycling and diversion field activities of the private waste haulers operating in Newport Beach. Due to our work on the 1990 Waste Characterization Study for Orange County, we are familiar with the solid waste hauling companies operating in Newport Beach. We will determine the types of recycling and diversion programs they are conducting and will quantify (to the extent they will voluntarily make data available to us) the approximate amount of solid waste being diverted by these haulers. EcoNomics will summarize the information obtained in a draft letter report to the City. We will present the report to city staff for their review and comment. We will discuss the report with staff and then finalize the report. Relevant information from this report will be incorporated into the revised SRRE prepared in Task B -2. 2. Implement and Mange a Program to Monitor the Recycling and Diversion Activities of Private Haulers a. Develop Monitoring Program EcoNomics will develop a monitoring program to track the recycling and diversion field activities of the fourteen (14) private solid waste haulers operating in Newport Beach. We will prepare an outline of a draft monitoring program for the city's review. Once the city has approved the draft program, we will discuss it with several private haulers to obtain both their support for the program and their comments on how to make reporting simple and easy for the haulers. 0 • EcoNomics is currently assisting the County of Riverside in developing a new tonnage tracking system for all the County- operated landfills. The new tracking system was recently successfully pilot tested and is now being implemented on a County -wide basis. One of the reasons for the program's success has been EcoNomics' role in developing a program that is simple for the haulers and requires the least deviation from their normal operations. We believe this same technique can be used to develop a useful tracking system for recycling activities by the haulers in Newport Beach. EcoNomics will present the final monitoring program in a letter report to City staff. We will meet with staff to discuss the program and then finalize the report accordingly. b. Manage the Monitoring Program Once the final monitoring program is approved by the City, EcoNomics will implement the monitoring system with the private haulers. We will distribute the appropriate reporting forms to the haulers and follow up with them to make sure the reports submitted are complete. We will compile the results of the initial monitoring period and report these to city staff. EcoNomics will train city staff to continue to manage the monitoring program. We will work with the staff to complete the second round of monitoring and will be available on an "as needed" basis after that time to respond and to troubleshoot when requested by staff. • City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 0 EXHIBIT B Compensation to Consultant RFP No. 9394 -RFP -003 The undersigned submits this proposal to provide consulting services for solid waste as described below to the City of Newport Beach: SECTION "A" Cost to determine the current City status of comliance with AB 939 and AB 2494 and address the impact of any proposed changes to recycling activities. (Pg.10, Sect. III, Item 3, 1 s Par.) Five thousand two hundred dollars $5.200 TOTAL PRICE (WORDS) TOTAL PRICE (FIGURES) SECTION "B" Cost to provide full services related to research, element preparation (NDFE), modification (SRRE), and compliance. (Pg.10, Sect. III, Item 3, 2nd Par.) Five thousand five hundred dollars $5.500 TOTAL PRICE (WORDS) TOTAL PRICE (FIGURES) SECTION "C -1" Cost to provide evaluation of the existing recycling/ diversion activities of private haulers. (Pg.10, Sect. III, Item 3, 1st Par., 1st Item) Three thousand one hundred and twently dollars S3. 120 TOTAL PRICE (WORDS) TOTAL PRICE (FIGURES) SECTION "C -2" Cost to manage a full time monitoring program of private haulers. (Pg.10, Sect. III, Item 3, 1st Par., 2nd Item) Two thousand five hundred and ten dollars X2,510 TOTAL PRICE (WORDS) TOTAL PRICE (FIGURES) EcoNomics Inc Offeror (Company) 832 Camino Del Mar Suite 2 Street Address Signature /Title Anri14, 1994 Date /President Authoirzed Del Mar California 92014 WILLIAM O'TOOLE /President City, State Zip Above Name /Title (Printed /Typed) (619) 481 -1980 Phone 0 i EXHIBIT C EcoNomics, Inc. Hourly Billing Rates Job Classification Principal - President Principal -Vice President Project Supervisor Project Analyst Clerical Support Costs of Materials and Services Hourly Rate $140.00 $120.00 $75.00 $65.00 $38.00 Direct costs incurred in the performance of services required by the Agreement, such as reproduction, freight, postage, messenger service, computer charges, printing, telephone /fax, and travel outside of Southern California will be billed at cost.