HomeMy WebLinkAboutContracts & Agreements_25-1990_CCv0001.pdf MINUTES OF THE BOARD OF SUPERVISORS
Agree. 90-979; OF SAN BERNARDINO COUNTY, CALIFORNIA
SVM-Genl. ;
Cities of Colton, Fontana XC: Sam Kim, Meredith (Recycling)
Grand Terrace, Highland, Lama
Linda, Redlands, Rialto, San August 27, 1990
Bdno. , Yucaipa
FROM: William Sterling, Director
Solid Waste Management Department
SUBJECT: EAST VALTZY Ysmarandim of Understanding (FM
RECOMMENDATION:
1) Approve MOU between County and the cities of COLTW, FQ?rANA,
GRAND TERRACE, BIQU-AND, LCHA LINDA, R13DLA14DS, RIALTO, SAN
BERNARDINO, AND YUCAIPA (East Valley) for the purpose of
ccupletiM a Source Reduction and Recycling Elemerrt for the
unincorporated area of the East Valley region.
2) Authorize the advancement of funds fran Solid Waste Management
Trust Fund, sub-object no. 020 Fund 545 to the City of
Rialto, MOU lead agency.
The County of San Bernardino is required by state law to prepare and
inplen-ent. a Source Reduction and Recycling Element (Element) for the
County's unincorporated areas. The Solid Waste Advisory Task-force (Task-
force) has recmrvzded a regional approach to meet this requirement of
state law. Three coalitions have formed: the East Valley, the West
Valley, and the East Mountain/Desert.
This action formalizes County participation in the East Valley coalition,
to omplete an Element for unincorporated area of the East Valley region,
and establishes the City of Rialto as the lead agency for administering
the consulting contract.
F&NIEWED BY OTHER DEPAF�IIrD' S•
This item has been reviewed by Kathryn Brill of Risk Management on August
9, 1990; Bobby Bevins of Contract Ompliance on August 10, 1990; and
Robert L. Jocks, Deputy County Counsel on August 13, 1990.
Agreement No. 90-979
Action of th and of Supervisors
cc: SGZl *v;/5 agrees. for signator
Contractor c/o SVZI
CAD
Co. Counsel-Jocks
APPRO�_t
I �JPERVISCPS
Auditor Cob WT. 13tO&AADINO
Risk Mgmt.-Brill
Purchasing-Cantract Ccrrpl. MOTION-SASik Motion
Cities listed above
File
EZ�ENIE PR�
1W B
14.
9507-000 DATED: AUG 2 A 56
Rev. 10/8 1
B aMW rIM: EAST VAIM M U
August 27, 1990
Page 2 of 2
F.t:WMCIAh ISA:
Fljnd.s to pay for this program are included in revenue generated through
tipping fees paid for use of area. landfills. This action has no irpact
on the County General Fund. The total contract amount authorized by this
action shall not exceed $220,000.00. This program is included in the
Solid Waste Management Enterprise Fund Budget for fiscal year 1990-1991.
Disbursements to the East Valley coalition shall in no instance exceed
the amount of the Disposal Tipping Fees collected fresm the cities of the
East Valley region.
Pre:-�e�rxtor: Marvin Shaw, Chief of Planning & Recycling
2 SOURCE REDUCTION AND RECYCLING PLANNING AGRE;EMENT
3
MEMORANDUM OF UNDERSTANDING
4
5
6 This Agreement is made and entered into as of the date set out
7 below by and between the cities of COLTON, FONTANA, GRAND TERRACE,
8 HIGHLAND, LOMA LINDA, REDLANDS, RIALTO, SAN BERNARDINO, YUCAIPA,
9 and the COUNTY OF SAN BERNARDINO, hereafter referred to as "par_
10 ties" , all of whom shall be signatories to this Agreement .
11
12 Recitals
13 WHEREAS the California Integrated Waste Management Act of
14 1989 (AB 939 ) y as amended , requires all Cities and Counties to
15 prepare and implement Source Reduction and Recycling Elements Of
16 an Integrated Waste Management Plan ; and
17
18 WHEREAS, the Cities Of the East San Bernardino Valley togeth-
19 er with the County of San Bernardino , share a common interest in
20 the sound , environmentally safe collection and disposal of solid
21 waste materials in the East Valley area ; and
22
23 WHEREAS, the necessary studies and analyses required to
24 prepare the individual local agency plans for compliance with
25 Assembly Bill 939 can be performed more efficiently on a regional
26 basis , resulting in better coordinated planning and a lesser cost
27 to each of the parties involved ; and
28
2 WHEREAS, solid waste generated within the signatory jurisdic-
3 tions is disposed of at County landfills and the fee charged by
4 the County of San Bernardino Department of Solid Waste Management
5 for landfill use includes an amount of $1 . 00 per ton to accomplish
6 the mandates of AS 939 ; and
7
8 WHEREAS, pursuant to Government Code Section 6500 at . sec} . ,
9 the parties possess in common the power to study, discuss , and
10 recommend solid waste policies , to expend funds therefore and
11 exercise such common powers jointly;
12
13 NOW, THEREFORE, the parties agree as follows:
14
15 I . Purpose of Agreement :
16 The purpose of this agreement is to fund and obtain consult-
17 ing services to study the present and future waste composition and
18 management practices within the Cities and surrounding County
19 areas for the purpose of developing source reduction and recycling
20 elements pursuant to Public Resources Code Section 40000 at . seq .
for each jurisdiction .
21
22
2 . —ReQuest for Consultant Propm&_,_�_i :
23
a . An RFP has been prepared for such consulting services and
24
study describing the substance , scope and depth of the work to be
25
performed as well as qualification for the consultant to be hired ,
26
in the form set out in Exhibit A, attached and incorporated as if
27
fully set forth here.
28
it 2
b . The RFP has been reviewed and the parties jointly deter-
mined modifications to be made to the RFP. The parties determined
2
the process to be used for the selection of the consultant and
3
jointly selected the consultant to prepare the study.
4
5
3 . Preparation of the _Stud�2:
6
The consultant selected shall prepare a
7 study to the specifi-
cation set out in a Professional Services Contract (Exhibit B) , to
9 be entered into between the City of Rialto , acting on behalf of
10 the participating agencies , and the Consultant . In determining the
11 characterization of solid waste generated , and potential programs
12 for management , the consultant and the parties shall solicit and
13 address within the completed study input from those governmental
agencies whose jurisdiction includes solid waste matters , includ-
14
15 ing but not limited to , the California Integrated Waste Management
Board , Environmental Health Services (LEA) , the San Bernardino
16
County Solid Waste Advisory Task Force , effected special dis-
17
tricts , solid and liquid waste haulers and recyclers . The prepa-
18
ration of the study shall include preparation of Environmental
19
Review Documents .
20
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4. Costs of the Study:
22
The costs of this study and consultant services shall be that
23
set forth in the Agreement for Consulting Services attached
24
hereto as Exhibit B.
25
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3
2 5 . Funding of the Study,:
3 Costs of conducting this study and consulting services pursu-
4 ant to this Agreement shall be funded from the San Bernardino
5 County Solid Waste Enterprise Fund using revenue derived from the
6 County landfill fee for AB 939 activities. The City of Redlands
7 does not dispose of its municipal waste at the County landfill and
8 shall contribute a prorate share of 10% of the study cost . if
9 money is required to fund the study prior to receipt of the County
10 landfill fee , costs shall be allocated and based upon Department
11 of Finance population. When landfill fees are received , partici-
12 gating agencies will be reimbursed for funds advanced . In the
13 event that the total project cost is less than the cost estimates ,
14 pursuant to Government Code Section 6512 , the City of Redlands
shall be refunded any surplus of it ' s deposited prorate share .
15
16
17 6 . Effegtive Date and Term of Agreement,:
18 This Agreement shall be effective as of the date it is signed
19 by all parties and shall terminate two years from its effective
20 date . The withdrawal of any party from this Agreement shall not
21 terminate - the Agreement . In the event that the County or a City
22 discontinues its participation in this Agreement , it shall pay its
23 fair share based upon Department of Finance population of all
24 costs incurred up to that point .
25
7. Consgitant Contract Administration :
26
27 A coordinating committee consisting of one member from each
28 jurisdiction , chaired by the Rialto City Administrator , shall be
11 4
established for the purpose of administering the Consultant Con-
tract as provided in Exhibit B. Each member jurisdiction shall
2
possess one voting right on all matters before the committee. The
3
City Administrator of the City of Rialto had been selected as the
4
representative for the participating parties . He shall coordinate
5
and provide to the Consultant information received from the par-
6
ties and when necessary disseminate information or notices to the
7
other parties and generally be the representative for the group of
8
Agencies . Notwithstanding , he shall serve without compensation
9
and shall have no ability to amend or modify the Professional
10
Service Contract , or to otherwise bind the Agencies , without
11
prior written consent by the Chief Administrative Officer of each
12
jurisdiction and delegation .
13
14
8 . Amendment/Waiver :
15
This Agreement may be amended only in writing and signed by
16
all parties hereto . No waiver of any term or condition of the
17
Agreement shall be considered a continuing waiver thereof . This
18
Agreement does not prevent any of the signatory parties from
19
entering into an agreement with the consultant provided that such
20
party uses its own funding source . It is understood that subse-
21
quent agreements will not interfere with the progress of tasks set
22
forth in this primary agreement . The consultant has agreed to
23
provide additional services to the participating Agencies at the
24
same hourly wage rates indicated in the Professional Services
25
Agreement with the City of Rialto .
26
27
28
1 IN WITNESS WHEREOF, the undersigned have executed this Agreement
2 as of the dates set out ,
3
4 Executed this 15th day of August , 1990.
6 B -
Mayor ,� ���
7 o f Red ands
A t t e s t :
fit Y O 1 r k f
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t5
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1 EXHIBIT A
2 REQUEST FOR PROPOSALS
3 PREPARATION OF SOURCE REDUCTION AND RECYCLING ELEMENT
PURSUANT TO AB 939
4
5 INTRODUCTION
6 Cities in the mid-valley region of San Bernardino County, namely
the Cities of Colton ,, Fontana , Grand Terrace , Highland , Loma
7 Linda , Redlands , Rialto , San Bernardino , and Yucaipa , as well as
the unincorporated areas of San Bernardino County which lie within
8 the mid-valley region , are soliciting proposals from professional
and technical consulting firms with the expertise and resources to
9 aSSi5t in the preparation of the Source Reduction and Recycling
Element required by AB 939 , and in compliance with regulations
10 imposed by the California Waste Management Board . Ten ( 10 ) pro-
posals must be received at City of Rialto City Hall , 150 South
11 Palm Avenue , Rialto , California no later than 4: 00 p. m. on Tues-
day, June 12 , 1990 . Proposals received after this time will not
12 be considered .
13 BACKGROUND
14 A Committee has been formed by the Cities of Colton , Fontana ,
Grand Terrace , Highland , Loma Linda , Redlands , Rialto , San Bernar-
15 dino and Yucaipa . The County of San Bernardino is interested in
participating in as much as there are regions of unincorporated
16 county which lie within the mid-valley region . This Committee has
been formed for the purpose of planning a strategy to design and
17 implement AB 939 requirements . It is the intent of the Committee
to take advantage of any possible economies of scale that might
18 arise through cooperative use of a single consultant to perform
the waste characterization study and prepare the Source Reduction
19 and Recycling Element as required by state law.
20 SCOPE OF EFFORT
21 The preparation of each City ' s Source Reduction and Recycling
Element can basically be separated in to two tasks:
22
TASK #1 Prepare the Source Reduction and Recycling Element
23 in compliance with AB 939 and regulations of the
California Integrated Waste Management Board for each
24 participating Agency. As part of that activity the
consultant should be prepared to complete all
25 submission requirements and necessary documentation
in order to complete the approval process . This will
26 include representation at a minimum of 5 committee
meetings during the preparation and approval process .
27 After Committee approval , submission of the element
to the State/County regulatory body must be completed
28 by July 1 , 1991 .
1
1 TASK #2 Upon completion and approval of the plan , provide
assistance to Cities during program implementation
2 or until a City can proceed independently.
3 Both of these tasks will involve working closely with the staffs
of each respective City as well as the County of San Bernardino
4 and the Solid Waste Task Force . While some elements are common to
all city plans , preparation of the implementation plans must be
5 tailored to the need of each city as well as the unincorporated
areas of San Bernardino County within the east valley region .
6 Plans submitted should consider the possibility of working with
local waste haulers of City Sanitation Departments to assist with
7 the waste characterization study.
8 CONTENTS OF THE SOURCE REDUCTION AND RECYCLING ELEMENT (TASK *1 )
9 At a minimum the Source Reduction and Recycling Element shall
include all the current legislative and regulatory content re-
10 quirements including , but not limited to the following:
11
1 . WASTE CHARACTERIZATION (Solid Waste Generation Study)
12 A. Methodology to quantify two of the following three
components for each jurisdiction :
13 quantities generated , disposed , or diverted
B. Volume
14 C. Weight
D. Material type
15 E. Source Generation (Residential , Commercial , Industrial ,
Governmental , Institutional , etc . )
16 F. Seasons
17 2 . SOURCE REDUCTION
A. Program and implementation schedule
18 B. Target materials
C. Methodology to determine the amount and categories to
19 be diverted
D. Facility needs to implement reduction , recycling and
20 composting elements
E. Disposal rate evaluation
21
3 . RECYCLING
22 A. Methodology for determining current levels of recycling
within each jurisdiction
23 B. Program and implementation schedule
C. Target Materials
24 D. Methodology to determine the amount and categories to be
recycled .
25 E. Facility needs to implement recycling element
F. Evaluation of alternative programs to achieve goals
26 G. Methodology to identify and locate end-markets for
recyclable materials
27
28
2
1 4. COMPOSTING
A. Program and implementation schedule
2 B. Target materials
C. Methodology to determine the amount and categories to be
3 composted
D. Facility needs to implement composting element
4 E. Methodology to increase the end market for composted
materials
5
5 . SOLID WASTE FACILITY CAPACITY
6 A. Identification of all existing permitted landfills and
transformation stations
7 B. Capacity needs projection for 15 year period
8 6 . EDUCATION AND PUBLIC INFORMATION
A. Program and implementation schedule of the short ,
9 medium and long planning periods
B. Selection of program alternatives
10 C. Monitoring and evaluation
11 7. FUNDING
A. Projected costs
12 8. Projected revenue sources
13 8. SPECIAL WASTES
A. Asbestos
14 B. Sewage sludge
C. Tires
15 D. Sulky Wastes
16 9 . HOUSEHOLD HAZARDOUS WASTES
A. Program and implementation schedule for diversion and
17 disposal of household hazardous wastes
B. Target materials
18 C. Methodology to determine the amount and categories of
household hazardous wastes
19 0. Facility needs to implement household hazardous waste
components
20 E. Evaluation of alternative programs to achieve goals
F. -Identification and location of end-markets for
21 recyclable household hazardous wastes
22
PROGRAM IMPLEMENTATION (TASK #2-)
23
Until participating cities have the experience and resources to
24 proceed independently, the consultant will be expected to provide
assistance to each City which may include , but will not be limited
25 to , the following :
26
1 . Update the element pending additional regulations
27 2 . Provide assistance with selection and procurement of
equipment
28 3 . Meet as needed with each City' s staff
3
1 4. Provide assistance with education and public
information
2 5 . Develop training tools/timeline for each City to
3 become independent in ability to implement program
4
PROPOSAL REQUIREMENTS
5
Prospective consultant shall include in their proposal , at a
6 minimum, the following information :
7 1 . A detailed outline of the proposed approach to accomplish
8 the required tasks .
2 . One section of the proposal should be clearly identified
9 as "Consultants Qualifications" and shall contain a
written description of the consultant ' s experience and
10 relative qualifications that will include , but are not
11 limited to , the Consultants responses to the following :
a . Name , title , and solid waste planning experience
12 and qualifications of the consultant and all other
staff who may be assigned to this project , including
13 a list of any similar projects that the consultant
14 has recently completed .
b . Describe any relative past experience in the
15 development of waste characterization assessment
methodology including Quantitative Field Analysis ,
16 Materials Flow and use of combined methodology as
17 well as program design and implementation.
3 . A description of services to be rendered and anticipated
18 time frame/schedule listing all specific work tasks ,
19 time required , and staff assigned to each task .
4. A separate cost estimate for Task #1 stated in a not-to-
20 exceed figure based on actual time and materials required
to complete the project and desired payment schedule
21 (not less than 30 day billing cycles ) . Peripheral
costs , such as printing and appearances at additional
22 meetings should be listed . Due to the open-ended nature
of Task #2 , the cost estimate should be based on the
23 consultant ' s hourly fees .
24 5. Copies of similar plans recently prepared by the firm.
25 6 . Proposals and final reports should be on paper with
recycled content .
26
27
28
I PRE-SUBMITTAL MEETING
2 Prior to accepting proposals , an informal meeting will be held
with interested firms in attendance . The purpose of the meeting
3 is to answer any questions pertaining to the project or the R. F.
P. requirements . The scheduled time and date of the meeting is
4 3 : 00 p .m. , June 5 , 1990 at City of Rialto City Hall , 150 South
Palm Avenue , Rialto , California.
5
6 SUBMISSION OF PROPOSALS
7 10 copies of the proposal shall be delivered no later than 4: 00
p .m. , on June 12 , 1990 to the following:
8
9 Selection Committee
c/o Michelle Bancroft , Administrative Assistant
10 Rialto City Hall
150 South Palm Avenue
11 Rialto , CA 92376
12 Potential Consultants may contact the City of Rialto ' s City
Administrator ' s Office on any matters related to the project .
13
14 EVALUATION OF PROPOSALS
15 A selection committee shall review the proposals . Each firm being
considered may be evaluated , taking into account their location ,
16 reputation , experience , size , personnel available , quality of
references , financial standing , work load , ability to complete the
17 project on schedule or other factors peculiar to the project . The
selection committee may also consider the sort of services to be
18 provided . At this time , the Selection Committee may select the
top consultant (s ) for personal interviews .
19
The Selection process will be as follows:
20
1 . The Selection Committee will evaluate all consultants ,
21 interview a short list and make a final recommendation for
selection.
22
2. The firm recommended by the Selection Committee will be
23 invited to discuss the project and negotiate compensation ,
terms , and conditions.
24
3 . If agreement is not reached , the negotiations will be
25 terminated and similar interviews will be conducted with the
second firm.
26
. After reaching successful negotiations with the selected
27 Consultant , a contract shall be prepared and submitted
to the Committee for approval .
28
1 All costs incurred in the preparation of the proposals , the sub-
mission of additional information , and/or in any other aspect of a
2 proposal prior to the award of a written contract , will be borne
by the respondent . The Committee will provide only staff assist-
3 ance and will not be responsible for any other costs or obliga-
tions of any kind which may be incurred by a respondent . All
4 proposals shall become the property of the Committee .
5 INSURANCE REQUIREMENTS
6 The contract between the Committee and the consultant will contain
7 provisions for indemnity and insurance as follows :
A. Indemnification and Insurance
8 The Committee , its agents , officers, volunteers , and
employees , shall not be liable for any claims ,
9 liabilities , penalties , fines or for damage to any goods ,
properties or effects of any person , caused by or result-
10 ing from any negligent acts , errors or omissions of the
Consultant or the Consultant ' s agents , employees, or
11 representatives , not including liability by reason of acts
or omissions caused by the Committee , their agents , volun-
12 teers or employees, any Costs or expenses incurred by the
13 Committee on account of any claim therefore .
In order to accomplish the indemnification herein provided
14 for , the Consultant shall secure and maintain throughout
the term of the contract the following types of insurance
15 with limits as shown:
16 1 . Workers ' Compensation Insurance within statutory
limits . The Consultant shall require the carriers
17 furnishing such insurance to waive all rights of
subrogation against the Committee , its officers ,
18 employees , volunteers , contractors and subcontractors .
19 2 . Comprehensive General and Automobile Liability
Insurance , including contractual liability coverage
20 and including automobile , for owned and non-owned
vehicles , with a combined single limit of not less
21 than one million dollars ( $1 ,000 ,000. 00) for bodily
injury and property damage and as necessary for the
22 work , with the companies and form of policy or poli-
cies subject to review and approval be the Committee.
23
3 . The Consultant shall furnish certified copies of
24 all policies and endorsements to the Committee evi-
dencing the insurance coverage above prior to com-
25 mencement of performance of services hereunder ., and
shall provide that such insurance shall not be termi-
26 nated or expire except with ten ( 10) days prior writ-
ten notice to the Committee and shall maintain such
27 insurance from the time Consultant commences perform-
ance of services hereunder until the completion of
26 such services .
EXHIBIT 8
2
AGREEMENT FOR
3 CONSULTANT SERVICES RELATING TO
PREPARATION OF SOURCE REDUCTION AND
4 RECYCLING ELEMENTS
PURSUANT TO AB 939
5 (PUBLIC RESOURCES CODE 40000 ET SEQ. )
6
7
8
THIS AGREEMENT is made and entered into this day of
9
1990 , by and between the City of Rialto acting as
10
an agent for the cities of Colton , Fontana , Grand Terrace , High-
11
land , Loma Linda , Redlands , Rialto , San Bernardinoo Yucaipa and
12
the County of San Bernardino (collectively, the "Agencies" ) ,
13
pursuant to that certain source reduction and recycling planning
14
1 agreement between the agencies , and EMCON Associates , hereinafter
15
called "Consultant " .
16
17
18
WITNESSETH:
19
20 WHEREAS, the Agencies have a need for the services of a
21 Consultant to prepare source reduction and recycling elements for
22 each jurisdiction pursuant to Public Resources Code 40000 at seq .
23
24 WHEREAS, the Consultant asserts that he is specially
25 trained , experienced and competent to perform such services ;
26
27 NOW THEREFORE, THE PARTIES DO AGREE AS FOLLOWS:
28
2 1 . The Agencies hereby employ the Consultant to perform
3 the Scope of Work as described in Attachment 1 for each partici-
4 pating Agency.
5
6 2 . The Agencies shall compensate the Consultant in ac-
7 cordance with cost estimate provided in Attachment 2 not to exceed
8 a maximum amount of $183 , 000 , with a contingency of 20%, over the
9 term of this Agreement payable monthly, 30 days after receipt of
10 an invoice for work completed .
11
3 . Where the payment terms provide for compensation on a
12
13 time and materials basis , the Consultant shall maintain adequate
14 records to permit inspection or audit of the Consultant ' s time and
15 material charges under this agreement . The Consultant shall make
16 such records available to the Agencies . The Consultant shall
17 maintain and keep books and records on a current basis , recording
18 all transactions pertaining to this agreement in a form in accord-
19 ance with generally acceptable accounting principles. Said books
20 and records shall be made available to the Agencies , the State of
California-, and the Federal Government , and to any authorized
21
representative thereof for purposes Of audit at all reasonable
22
times and places . All such books and records shall be retained
23
for such periods of time as required by law, provided , however ,
24
notwithstanding any shorter periods of retention. All books ,
25
records , and supporting detail shall be retained for a period of
26
at least three years after the expiration of the term of this
27
agreement .
28
2 4. The Consultant shall commence work upon receipt of
3 written direction to proceed from the Contract Administrator .
4
5 5 . The Agencies and the Consultant agree that the sched-
6 ule described in Attachment 3 represents their beat estimates with
7 respect to completion dates and both Consultant and Agencies
8 acknowledge that departures from the schedule may occur except for
9 the following dates which shall be met :
10
I . The Preliminary Drafts of the Source Reduction and
11
Recycling Element for each participating jurisdiction will be
12
submitted to participating Agencies no later than March 1 , 1991 .
13
ii . Preliminary Final Drafts will be presented to the AB
14
939 Task Force at its April 1991 Meeting for its review.
15
iii . The approved Final Drafts will be submitted to
16
reviewing Agencies within San Bernardino County government no
17
later than July 1 , 1991 .
18
iv. CEQA requirements will be completed within the time-
19
frame set by the IMWB so that no fines are incurred by the partic-
20
ipating agencies .
21
22
Both the Consultant and Agencies will use responsible efforts to
23
notify one another of changes to the schedule.
24
25
6. The term of this Agreement is for a two-year period
26
and may be extended on a month to month basis for a maximum of
27 twelve (12 ) additional months upon the express written consent of
28
3
1 the Consultant to such extension and the approval thereof by the
2 Agencies. Either party may terminate this agreement for any
3 reason upon thirty (30 ) days written notice to the other . The
4 written notice shall specify the date of termination and the
5 reasons for termination . Upon receipt of such notice , the Con-
6 sultant may continue work on the Project through the date of
7 termination . The Agencies shall pay the Consultant for all work
8 performed before the date of termination within thirty (30 ) days
9 of the date of termination .
10
11 7. The Consultant , in performing services under this
12 Aqreement , shall not be considered as an employee of any City for
13 any purpose , but for all intents and purposes shall be considered
14 as an independent contractor . The Consultant may also retain or
15 subcontract for the services of other necessary consultants with
16 the approval of the Agencies . Payment for such services shall be
17 the responsibility of the Consultant .
18
19 8. An Agency representative shall be designated by the
20 Agencies and a Consultant representative shall be designated by
21 the Consultant . The Agency representative shall be the primary
22 contact person for each party regarding performance of the agree-
23 ment . The Agency representative shall cooperate with the Consult-
24 ant and the Consultant representative shall cooperate with the
25 Agencies in all matters regarding this agreement and in such a
26 manner as will result in the performance of the work in a timely
27 and expeditious manner .
28
1 4
CITY REPRESENIAT,IVF
CONSULTANT REPRESENTATIVE
2
City Administrator Michael Dean, P. E.
3 City of Rialto EMCON Associates
150 S. Palm Ave . 140 Camino Ruiz
4 Rialto , CA 92476 Camarillo , CA 93012
5
6 9 . The Consultant shall employ no Agency Official or
7 employee in the work performed pursuant to this agreement . No
8 officer or employee in the Agencies shall have any financial
9 interest in this agreement in violation of California Government
10 Code Sections 1090 and following ; nor shall the Agencies violate
11 any provision of their Conflict of Interest Code adopted pursuant
12 to the provisions of California Government Code Section 87300 and
13 following . No Resident Commissioner shall be admitted to share
14 any part of this agreement or any benefit which may arise from the
15 same .
16
17
10. The Consultant agrees to defend , indemnify, save and
18
hold Agencies , its officers , agents and employees harmless from
19
any claim or suits that may be brought by third persons on account
20
of personal injury, death , or damage to property, or property of
21
business or personal injuries , arising from any negligent act or
22
omission by the Consultant while performing service under this
23
Agreement .
24
25
11 . Liability Insurance :
26
In order to accomplish the indemnification herein
27
provided for but without limiting the indemnification, the Con-
28
sultan-t shall secure and maintain throughout the term of the con-
2 tract the following types of insurance with limits as shown:
3
A. Worker 's Compensation - A program of Worker 's Compensation
4 Insurance or a state-approved self insurance program in an
amount and form to meet all applicable requirements of the
5 Labor Code of the State of California , including Employer ' s
Liability with $250 ,000 limits , covering all persons
6 providing services on behalf of the Consultant and all risks
7 to such persons under this agreement .
B. Comprehensive Generaland Automobile Liability Insurance
8 This coverage to include contractual coverage and automobile
liability coverage for owned , hired , and non-owned vehicles .
9 The policy shall have combined single limits for bodily
injury and property damage of not less than one million
10 dollars ( $1 ,000 , 000 ) .
11 C. Errors and Qminubility Liability Insurance - With single
limits of one million ( $1 , 000 , 000 ) for bodily injury and
12 property damage.
13 The Consultant shall immediately furnish certificates of insurance
14 and within sixty (60 ) days provide certified copies of endorse-
15 ment5 to the City of Rialto evidencing the insurance coverage
16 above required prior to the commencement of performance of 5erv-
17 ices hereunder . Such insurance shall not be terminated or expire
18 without thirty (30 ) days written notice to the City of Rialto and
19 Consultant shall maintain such insurance from the time Consultant
20 commences performance of service hereunder until the completion of
21 such services.
22 All policies, with respect to the insurance coverage above re-
23 quired , except for the Worker ' s Compensation insurance coverage
24 and errors and omissions liability insurance shall obtain addi-
25 tional endorsements naming th Agencies , their employees , agents ,
26 volunteers , and officers as additional named insured with respect
27 to liabilities arising out of the performance of services hereun-
28 der .
6
The Consultant shall require the carriers of the above required
2
coverage (except errors and omissions and automobile policies ) to
3
wave all rights of subrogation against the Agencies , their offi-
4
cars , volunteers , employees , contractors and subcontractors .
5
6
All policies required above are to be primary and noncontributing
7
8 with any insurance of self- insurance programs carried or adminis-
9 tered by the Agencies.
10
12. The Consultant shall use reasonable care and dili-
11
Bence to comply with applicable federal , state , and local laws in
12
the performance of work under this agreement .
13
14
13 . The Consultant will comply with the provisions of the
15
Worker ' s Compensation and Insurance Law of the State of Califor-
16
nia .
17
18
14. During the performance of this agreement , the Con-
19
sultant will not discriminate against any employee or applicant
20
for emplo'yment because of race , religion , creed , color , national
21
origin , sex or age . Such action shall include , but not be limited
22
to the following: employment , upgrading , demotion, or transfer ;
23
recruitment or recruitment advertising ; layoff or termination ;
24
rates of pay or other forms of compensation ; and selecting for
25
training, including apprenticeship . The Consultant will ensure
26
that all qualified applicants will receive consideration for
27
employment without regard to race , color , religion, sex or nation-
28
al origin.
2
3 15 . All notices to be given pursuant to this Agreement
4 shall be deposited with the Untied States Postal Services postage
5 prepaid and addressed as follows :
6
7 Agency: Consultant :
City Administrator EMCON Associates
8 City of Rialto 140 Camino Ruiz
150 S. Palm Avenue Camarillo., CA 93012
9 Rialto , CA 92476
10
11 Nothing in this paragraph shall be construed to prevent the giving
12 of notice by personal service .
13
14 16. All plans , specifications , reports and other documents
15 prepared by the Consultant pursuant to this agreement shall become
16 the property of the Agencies . The Agencies are entitled to full
17 Use Of Such plans , specifications , reports and other documents for
18 this Project . The Agencies may also retain the original of the
19 documents upon request . The Agencies acknowledge and agree that
20 all plans , specifications , reports and other documents prepared by
21 the Consultant pursuant to this agreement shall be used eXCIU5iVe-
22 ly on this Project and shall not be used for any other work with-
23 out the written consent of the Consultant . In the event the
24 Agencies and the Consultant permit the reuse or other use of the
25 plans , Specifications, reports or other documents, the Agencies
26 shall require the party using them to eliminate any and all refer-
27 ences to the Consultant from the plans , specifications , reports
28 and other documents . The Consultant may not apply for copyrights
1 8
2 or patents on all or any part of the work performed under this
3 agreement . Reuse shall be at the sole risk of the party reusing
4 such plans , specifications , reports , and other documents and the
5 Agencies hold Consultant harmless from liability arising out of
6 such reuse by others.
7
8 17. This document contains the entire agreement between
9 the parties . This agreement may be modified or amended only by a
10 subsequent written agreement signed by both parties.
11
12 18. The laws of the State of California shall govern the
13 rights , obligations , duties and liabilities of the parties to this
14 agreement and shall also govern the interpretation of the agree-
ment .
15
16 IN WITNESS WHEREOF, the parties have caused their authorized
17 representative to execute this agreement on this day of
18 , 1990.
19 CITY OF RIALTO
20
21
22
CONSULTANT
23
24
25 By:
26
27
28
9
ATTACHMENT 1
2
SCOPE OF WORK
3
4
5 The work to be performed under this contract will consist of two
6 major tasks . First EMCON will complete the necessary components
7 of the SRPE consistent with AB 939 , AB 1820 , and the planning
8 guidelines published in California Code of Regulations (CCR) Title
9 14. Upon completion and approval of the plan , EMCON will partici-
10 pate in the second task by providing assistance to the Cities
11 during program implementation . Reference to Cities in the follow-
12 ing description of tasks and subsequent attachments include the
13 cities of Colton , Fontana , Grand Terrace , Highland ), Loma Linda ,
14 Redlands , Rialto , San Bernardino , and Yucaipa as well as that
15 region of unincorporated county area included within the east
16 valley region . The tasks and subta5k5 , described below, outline
17 the work to be undertaken to complete the project .
18
19
TASK 1 - Prepare Source Reduction and Recycling Elements
20
21
The following ten subtasks describe the work to be done to
22
complete the SRRE.
23
24
25 TASK 1-1 - Conduct Solid Waste Generation Study
EMCON will characterize the solid waste stream, (prepare a
26
solid waste generation study) consistent with AB 939 (as
27
amended by AB 1820 ) . The focus of this task will be to deter-
28
10
1 mine the composition , quantity, and source of solid waste
2 disposed of by the Cities . A solid waste diversion charac-
3 terization is also needed to complete the waste characteriza-
4 tion . The approach is described below:
5
6 Gather and Evaluate Available Data . The purpose of this task
7 is to gather relevant background data necessary to develop
8 appropriate sampling programs for each municipality in the
9 project area , as well as the unincorporated portions of the
10 county within the study area . EMCON will review information
11 provided by the Cities relevant to the area 's solid waste
12 collection and disposal system, and demographic data for each
13 of the jurisdictions . The information required from the
14 Cities may include , but are not necessarily limited to , the
15 following:
16
One year disposal site vehicle records
17
Hauler service areas , types and number of
18 pick-up points , average quantities of waste ,
and route information
19
Census and demographic data for each of the
20 jurisdictions including number and type of
residences , commercial , industrial , or other
21 facilities served .
22 San Bernardino County General Plan
23 Population data , California Department of
Finance
24
Employment data , California Department of
25 Employment Development
26 California Department of Commerce data
27 Local cities published reports
28
1
2 QeYAIQR !gotta Qi*pgj l § p 1 ins M t o 21
In order to obtain results that reflect the solid waste dis-
4 prised in each jurisdiction, a standardized sampling program `
will be developed. i The program is intended to adequately
sample the loads and represent the quantities , categories ars
6
7 origins of wasters ty icaall a disposed.
The information provided by ;the Cities during the first step
9 wi 11 be used to develop this sampling program. Subtasks to be
1(} conducted include the fallowing:
11
12 Identify the population of solid wasstea
generators (e g . , residential , commercial ,
1 industrial , other )
14 determine if stratification of the population
15
is required
16 Identify sample number and sample size
Determine sample locations and schedule
17
�* Preselect , to the extent possible,
18 residential , commercial and industrial waste
delivery vehicles for sampling`
19
Define field procedures
20
Coordinate sampling with the County, Cities,
21 haulers, and disposal sate operator
22
23 EMCON proposes to conduct the solid waste disposal chaa actesri--
24 zaat ion over a six-month period. The data gathered will be
25 used to project the quantities of wastes that will be disposed
26 of over the remaining six months of the year.
27
28 EMCI:N proposes " to sample during two seasons: summer and
12
winter . These seasons reflect fluctuations in yard waste
2
3 disposal and student populations at local colleges and univer-
sities of the latter is shown to be significant ) . These
4
sampling periods will also allow sampling to begin immediate-
5
ly, an important factor in meeting project deadlines . EMCON
7 anticipates sampling for one full week during each of these
two sessions to account for waste quantity variations during
8
the course of a week . The Waste disposal characteristics of
9
the remaining six months of the year will be projected.
10
11
Demographic data from each jurisdiction will be reviewed to
12
determine if there are any jurisdictions that can share solid
13
waste Composition data .
14
15
Develop Waste Diversion Sampling MethodologU
16
EMCON will review information in existing reports provided by
17
the Cities regarding waste diversion . The available infor-
18
mation shall be segregated by jurisdiction , if possible. A
19
survey form will be developed for mailing by the Cities to
20
request information from companies engaged in waste-diversion
21
activities (e . g. , recycler5 , salvage yard operators ) . Sources
22
of recycled wastes will be requested from each contact so
23
multiple counting by several jurisdictions can be avoided . We
24
anticipate the need to coordinate follow-up contacts through
25
the appropriate jurisdiction in order to gain additional
26
information . The information obtained from this survey will
27
be reviewed , by jurisdiction , for its usefulness.
28
13
2 Conduct Disposal Sampling Program
3 EMCON will collect the required samples into the eight waste
4 categories and the appropriate number of waste types for each
5 jurisdiction . The weight and volume of sampled material will
6 be identified , as well as the source of the sample.
7
8 EMCON will use a mobile conveyor belt unit with eight sorting
9 stations for the sorting process . Waste will remain 5egregat-
10 ed by jurisdiction before and during the waste sorting activi-
11 ties .
12
13 ConductDiversionStuds�
14 Based on the results of the waste diversion survey, data may
15 need to be developed to supplement the information that was
16 obtained . For example , if there is an insufficient response
17 from the survey for a particular diversion category, then
18 sampling from the nonre5pondent5 may be needed. In this task ,
19 field surveys may be conducted at random by selected location
20 to get additional data to estimate the quantity and type of
21 each diverted waste .
22
23 Tabulate and AnaUze Data
24 The sampling data will by entered into a computer database for
25 analysis . The sample mean and variability will be determined
26 for each waste category and type , by jurisdiction . A 90
27 percent confidence limit will be set around the mean for each
28 Waste category and waste type identified .
14
2
3 It may be necessary to adjust the data analysis to include
4 waste categories and waste types that are known to be in the
5 waste stream, but were overlooked in the random sampling proce-
6 Jure . Any potential adjustments will be discussed with the
7 appropriate jurisdiction before they are completed. The
8 statistical analysis of the data will be delivered to the
9 agencies on both traditional and computer media.
10
11 Task 1-2 - Develop Source Reduction Component .
12 EMCON will develop a source reduction component and implemen-
13 tation schedule for the Cities . First EMCON will review the
14 existing data provided by the Cities on source reduction being
1$ performed by both the public sectors . This information , along
16 with the data from the waste characterization study, will be
17 used to identify and evaluate alternatives for source reduc-
18 tion programs . The alternatives will include the following:
19
Rate structure modifications (options will be
20 identified but a detailed rate structure
analysis will not be performed)
21
Creation of economic incentives
22
Technical assistance to instructional and
23 promotional alternatives
24 Development of new regulatory programs
25 Local government reduction programs
26
27 The evaluation of source reduction alternatives will include
28 effectiveness , flexibility, implementability, need for addi-
tional facilities , consistency with other plans and programs ,
2
and estimated cost of implementation . Criteria for evaluating
3
target materials will include durability, reusability, recy-
4
clability , and the waste stream composition.
5
6 Task 1-3 - Develop Recycling Component
7 EMCON will develop recycling components and implementation
8 schedule for SRRE ' s which will include
9
Statement of program goals and market
10 development objectives including
identification of target materials
11
Description of the existing recycling
12 program(s ) , including present quantities
diverted
13
Evaluation of alternatives including source
14 separation , drop-off recycling , buy-back
recycling , manual and mechanical separation
15 methods , salvage at area landfills, and
zoning requirements and rate structures to
16 encourage recycling
17 Description of the selected program for each
City, including end users or markets , and
18 quantities to be diverted by the program
19 Implementation plan for the selected program
20 Monitoring and evaluation of the program' s
effectiveness
21
22 EMCON will summarize information on waste quantities collected
23 and diverted by the Cities through the identified collection
24 and drop-off programs . EMCON will also randomly interview a
25 limited number of local recyclers who currently operate within
26 the area to compile the following information:
27
Existing and planned operations
28
16
1 * Current quantities diverted by type
2 * Current markets for diverted materials
3 To evaluate the program alternatives mandated by AB 939 , EMCON
4 will use demographic and economic information specific to each
5 of the Cities . Alternatives to be reviewed and evaluated
6 include local or regional materials recovery facilities ,
7 source separation , drop-off and buy-back recycling centers ,
8 and selvage operations at the local landfills .
10 EMCON will develop ranges of costs for each of the program
11 alternatives . We will use information from the existing
12 diversion programs supplemented by additional financial ,
13 population , and employment data provided by each of the Cities
14 to develop conceptual level costs for each of the diversion
15 alternatives . This information will be used in task 1-7.
16
17 Task 1-4 - Develop Composting Component
18 EMCON will develop composting components for each of the
19 Cities . Working with the Cities , EMCON will review available
20 systems for composting and consider the following , where
21 appropriate , when evaluating those systems:
22
Space constraints
23
Target materials
24
Peak seasonal and total compostable material
25 quantities
26 Site impact considerations
27 Product quality and marketability
28 Existing rand potential end markets or end
users
2
3 EMCON will identify compostable target materials and evaluate
4 the existing and potential markets and the marketability for
5 various compost products .
6
7 EMCON will list existing local compost market development
8 activities including ( 1 ) government procurement programs that
9 are identified by the Cities , (2 ) economic development
10 activities , and (3 ) consumer incentives .
11
12 Task 1-5 - Develop Solid Waste Facility Capacity Component
13 In this task EMCON will identify the additional disposal
14 capacity needed to accommodate anticipated solid waste genera-
15 tion for a 15-year period following local adoption of the
16 ERRE. The needs projection will be based on the projected
17 amount of solid waste generation , diversion, transformation ,
18 and exportation/importation .
19
20 Task 1-6 Prepare Public Education/Information Component
21
EMCON will develop public education/information components
22
that addresses the following :
23
24 Statement of objectives
25 Description of the existing education and
information programs
26
The identity of solid waste generators that
27 will be targeted in education and public
information programs
28
18
Discussion of program implementation
including methods to monitor achievement of
2 the objectives and establishment of a
3 monitoring and reporting schedule
4
5
6
7 Task 1-7 - Prepare Revenue Funding Component
8 Once the components of the preferred programs have been de-
9 fined , EMCON will estimate total program costs for each of the
10 jurisdictions .
11
12 Each of the jurisdictions will identify their alternative
13 sources of funds , including the funds for program planning ,
14 development and implementation . EMCON will incorporate this
15 information into the funding component .
16
17 Task 1-8 - Develop Special Waste Program Component
18 The special waste component will describe existing waste
19 handling and disposal practices for special wastes including ,
20 but not limited to , tires , bulky goods , asbestos, and sewage
sludge- that is not hazardous waste . This component of the
21
SRRE will identify current and proposed programs to provide
22
for the proper handling , reuse and long-term disposal of
23
special wastes .
24
25
EMCON will use the existing San Bernardino County Solid Waste
26
Management Plan in order to describe the existing waste han-
27
filing and disposal practices for special wastes. We will work
28
19
closely with the Cities to identify current and proposed
2 alternatives .
3
4 Task 1-9 - Develop Household Hazardous Wastes Component
5 EMCON will develop a household hazardous wastes (HHW) compo-
nent that includes
6
7 Description of current methods for HHW source
reduction , recycling , collection , treatment
8 and disposal
9 Types and quantities of HHW reduced ,
recycled , collected , treated , or disposed of
10 through existing programs
11 Evaluation of HHW program alternatives
12 Description of the selected program
13 Implementation plan and schedule for the
selected program
14
15 Task 1-10 Develop Integration Component
16
17 The integration component will explain how the various other
18 components of the SRRE combine to achieve the 25 percent and
19 50 percent goals mandated by AB 939 . This component will
include
20
21 A description of the hierarchy of selected
integrated waste management practices to be
22 implemented by the various jurisdictions
within the Cities .
23
An explanation of how the selected program
24 maximizes the use of all the available
mandates
25
An explanation of how the individual
26 components total to achieve the diversion
mandates
27
An explanation of how priorities between
28 components were determined
20
2 A schedule for program implementation
3
4 Attend Meetings
5 Emcon is prepared to attend five meetings with the agencies
6 related to the review of the SRRE. For cost estimating pur-
7 poses ), we have assumed a maximum of 40 hours for EMCON to
8 attend all five meetings .
9
10 Prepare and Submit Reports
11 EMCON will submit 20 copies of the preliminary draft SRRE to
12 the contract administrator for review and comment . The pre-
13 liminary draft SRRE will be modified , if necessary, to address
comments .
14
15
16 Twenty copies of the final report will be prepared and for-
warded to the contract administrator for distribution.
17
18
19 TASK 2 - General Consulting
20 Additional meetings may arise over the course of this project
which ' have not been identified at this time. EMCON will
21
attend additional meetings and provide technical input on
22
issues which may arise in the future. These additional serv-
23
ices will be provided , as needed , at the request of the con-
24
tract administrator
25
26
TASK 3 - Prepare Environmental Documents
27
An initial study will be prepared to evaluate the need for
28
21
1 environmental documents . It is anticipated that the results
2 of the initial study will indicate that no significant impacts
3 would result from the programs recommended in the SRRE. Based
4 on this assumption , a mitigated negative declaration will be
5 prepared to address the need for CEQA compliance .
6
7 TASK 4 - Program Implementation
8 EMCON will provide assistance to the Cities during implementa-
9 tion of the Integrated Waste Management Plan. Work on the
10 following tasks is anticipated :
11
12 Update the SRRE to reflect changing regulations
13 Assist with selection and procurement of equipment
14 Meet (as necessary) with City staff
15 Assist with education and public information
16 Develop training tools and timeline for each Cita
17 to become independent in their ability to
implement a program
18
19 The individual level of assistance provided to each entity
20 vary and cannot be specifically defined until the draft SRRE
21 is complete . Therefore , work to be completed under this task
will need to be refined at the conclusion of task 1-10 .
22
23
24
25
26
27
28
22
ATTACHMENT 2
2
COST ESTIMATE
3
4
5 The cost estimate for this project is summarized below. Our
6 estimated cost for the preparation of the SRRE (Task 1 ) is
$177 -000. Funds under Task 2 will not be expended without prior
7
written authorization from the contract administrator. The costs
8
9 associated with preparing the environmental documents (Task 3 )
10 includes $5 , 000 for the preparation of initial studies and $1 ,000
11 for the preparation of a mitigated negative declaration. Scope
and costs for work under Task 4 will be negotiated with an adden-
12
13 dum to this agreement .
14
15
TASK: ES-TIMATED COST:
16
1 Waste Generation Study $117,000
17 SRRE Preparation $ 60 ,000
18 2 Additional Services $ 37p000
19 3 Environmental Document $ 6 ,000
20 TOTAL: $220 ,000
21
22 Note: An estimated dollar figure needs to be inserted for Task 2 ,
which will not be expended without prior written authoriza-
23 tion by the contract administrator . This will allow a
smooth transition from Task 1 to Task 2 with no time delay
24 in obtaining approval from the 10 various entities .
25
26
27
28
23
1
ATTACHMENT
2
3 SCHEDULE
4 EMCON will begin work within 1 week of the written authorization
5 to proceed. In accordance with the AB 939 requirements , the SRRE
6 will be completed before July 1 , ',1991. 1e propose td complete the
7 preliminary draft SRRE by March 1 , 1991. The duration of the
8 second phase of ;the project , Program Implementation , is contingent
9 upon the needs of the Cities , The EIR process caro also begin at
10 the discretion of the Cities,
11
1
13
14
15
16
17
1
19
20
1
22
23
4
2
28
27
28