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.
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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:
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1. TERM
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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
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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,
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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CITY OF NEWPORT BEACH
A Mun-kcipal Corporation
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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
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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
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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.
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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.
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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.