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HomeMy WebLinkAboutContracts & Agreements_108-1997_CCv0001.pdf F AGREEMENT TO FURNISH PROFESSIONAL SERVICES FOR INTEGRATED WASTE MANAGEMENT REPORTING FOR AB 939 This Agreement is made and entered into this 2nd day of December, 1997. by and between the City of Redlands, a municipal corporation (hereinafter "City") and P. F. Ryan and Associates, Inc. (hereinafter"Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement, to perform consulting services for integrated waste management reporting(the"Services")for the City's Solid Waste Division AB 939 Reporting (the "Project"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide high quality Services for the Project at the level of competency presently maintained by other practicing professional consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services which Consultant shall perform are more particularly described in Attachment "l," entitled "Professional Services Proposal," which is attached hereto and incorporated herein by this reference. ARTICLE 3 -RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property as required by Consultant to perform the Services. 3.3 City designates Janet Miller,Special Collections Coordinator,to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment 2 - Schedule. A:,ya,2.agt I ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $4,000. City shall pay Consultant on a time and materials basis at the hourly rates shown in Attachment 3 - Proposed Budget. 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed,who performed the Services,indirect costs,and the detailed cost of all Services including backup documentation. Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills and payments sent by mail shall be addressed as follows: cily Consultant Valorie Shatynski Paul Ryan Municipal Utilities Department P.F. Ryan and Associates, Inc. 35 Cajon Street 1700 Hamner Avenue, Suite 200 P. O. Box 3005 Norco, CA 91760 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances,notices,bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills,and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 6 -INSURANCE AND INDEMNIFICATION 6.1 Consultant shall maintain worker's compensation insurance and, in addition, shall maintain insurance to protect City from claims for damage and liability due to bodily injury, personal injury and death, at the business address of the Consultant while performing the Services required by this Agreement. Said general liability insurance shall be in a minimum of $1,000,000, and in the aggregate. Consultant shall maintain comprehensive automobile liability insurance with a combined single limit of$350,000 for bodily injury and property damage. Consultant shall maintain professional liability insurance in the aggregate amount of $500,000 with a minimum of $500,000 per occurrence. City shall be named as an additional insured, under all policies for liability, comprehensive automobile liability and professional liability insurance,and such insurance shall be primaryxvith respect to City and pe non-contributing to any insurance or self-insurance maintained by City. Consultant shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. A:ryan2.agt 2 6.2 Consultant shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damage, charges or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from any willful or negligent act or actions, omission or failure to act on the part of the Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. 7.2 Consultant shall not assign any of the Services required by this Agreement,except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key personnel for the Project are: Paul Ryan - Project Manager. Consultant agrees that the key personnel including professionals and sub-consultants shall be made available and assigned to the Project,and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Consultant pursuant to this Agreement shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. All personnel and/or qualified professionals and/or sub-consultants employed or used by Consultant are for its account only,and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 7.6 Unless earlier terminated, as provided for below, this Agreement shall tenninate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by either party, without cause, by providing thirty (30) days prior written notice to the other(delivered by certified mail, return receipt requested) of intent to terminate, 7.8 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall A:ryan2.agt 3 be made,but(1)no amount shall be allowed for anticipated profit or unperformed services, and(2)any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 7.9 Upon receipt of a termination notice, Consultant shall (1)promptly discontinue all services affected,and(2)deliver or otherwise make available to City, copies(in both hard copy and electronic form,where applicable), of any data,design calculations,drawings,specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. 7.10 Consultant shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Consultant. 7.11 This Agreement,including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations,proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing,approved by the City Council of City and signed by City and Consultant. 7.12 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands P.F. Ryan and Associates, Inc. Cgcityll) ("Consultant") By: By: WItLMM CUNNINGHAM 1 PAUL F. RY�� Mayor President ATTEST: City erk,Ci dtncis A:ryan2,agt 4 ............................ ATTACHMENT 1 PROFESSIONAL SERVICES PROPOSAL A:rvan2.agt Attachment 1 Professional Services Proposal DATE: September 30, 1997 TO: Valerie Shatynski City of Redlands FROM: Paul Ryan, P.F. Ryan and Associates Dennis Wambern, Land Use Economics SUBJECT: CIWMB Annual Report Preparation Assistance I Background Public Resources Ccde (PRC) §41821 (f) requires each city, county and regional agency ;in California to prepare and submit an annual report to the California Integrated Waste Management Board (ClWMB) summarizing its progress toward meeting the 25% and 50% diversion goals specified in PRC §41780, Each report rnust include estimates of waste generated and disposed for calendar year 1995, and estimated diversion. The report must also discuss each program in the SRRE and HHWE for the City of Redlands 2 Technical Issues Surrounding the Annual Report Preparation There are a number of technical issues which City staff should carefully consider when preparing the annual report. State model as specified in CCR. The California Code of Regulations (CCR) specifies the factors and formulas to be used in estimating 1995 waste generation. Choices do exist. however in whether a jurisdiction uses state or county default factors, or provides its own factors based on local conditions. Base-year Conditions. Because 19%waste generation is projected from 1990 base year conditions, it is important to consider the accuracy and validity of the waste characterization studies. In many cases, the 1990 data were estimated through photogrammetric and other techniques and were not based on actual weights. Depending on individual circumstances, inaccuracies in the 1990 may hinder jurisdictions in showing 25% diversion in 1996. Therefore, it is important to critically review the 1990 base year data and make adjustments when preparing annual reports. September 30, 1997 City of Redlands CIWMB Annual Report Assistance page two Disposal reporting in 1996. The disposal for 1996 will be based on the disposal reporting system of the City of Redlands and San Bernardino County. The County system may contain errors in the assignment of, wastes to jurisdictions. The Consultant will assist the City in auditing relevant disposal reporting information and in correcting and documenting disposal and diversion errors. Special considerations. Jurisdictions may exclude disaster-related wastes and wastes from regional medical waste facilities, and residues from regional composting facilities and MRFs. It is important to account for these facilities in the calculations of 1996 disposal and to compare 19-95 disposal and diversion. 3 Scope of Services Based on the above considerations and our previous discussions, the following scope of services is proposed: Task 1 Estimation of disposal reduction. The state has provided formulas in the California Code of Regulations (CCR) §18829-18832 which must be used in calculation 1995 waste ceneration. The state has also provided a set of default factors to be used in constructing the formulas. However, the state also allows jurisdictions to use locally- supplied adjustment factor numbers. This task will include the measurement of disposal reduction through the use of the state factors, as well as development and application of local factors frorn. the Ccnsultanf s small area database of employment. The task will also include a review of the 1996 disposal tonnage tracking for the City. The state also allows a local jurisdiction to submit any additional information it wishes the CIWMB to consider, relating to base year generation tonnage, adjustment factors or calculations. This task will include documentation of any additional factors which are felt by the City and the Consultant to mora accurately estimate 1996 generation, disposal and diversion. Task 2 SRRE program evaluation. This task report on the status of each program identified in the SRRE, including' source reduction, recycling, composting, special wastes and education and public information. Diversion tonnages will be estimated for publicly- funded programs and compared to prior year reporting. Qualitative assessments will be provided for all other programs. Explanations will be provided for programs in the SRRE which were not implemented. September 30, 1997 City of Redlands CIWMB Annual Report Assistance page three Task 3 HHWE program evaluation. This task will include a report on programs in the HHWE. The assessment will include implementation of programs, results of programs, and any anticipated changes in programs. The assessment will also include public information efforts, City expenditures and potential economic and political barriers to program implementation. Task 4 Annual Report documentation. This task will include preparation of a draft report including all components of the required CIWMB documentation. Five copies of the draft report will be provided. After review by the client, a final report will be prepared. A single camera-ready report original will be provided. A budget not to exceed $4,000, including all labor costs and expenses, is proposed to complete the above tasks. The budget is shown in Attachment 2. The schedule, shown in Attachment 3, will allow time for the City to compile the report and submit it to the CIWMB by January 30, 1998. i ATTACHMENT 2 PROPOSED SCHEDULE kryan2,agt E City of Redlands Calendar Year 1996 ClWMB Annual Report Assistance Schedule Week Beginning Monday Task 8-Dec 15-Dec 5-Jan 12-Jan 1. Estimation of disposal reduction 2. SRRE program evaluation 3. HHWE program evaluation 4. Annual Report documentation ATTACHMENT 3 PROPOSED BUDGET A:rvan2.agt City of Redlands Calendar Year 1996 C1WMB Annual Report Assistance Proposed Budget ---[--- - —Pierc— e nt Hours CoseEfTotal Technical Assistance Tasks Estimation of disposal reduction 16 S 1,200 31% 2 SRRE program evaluation 16 1,200 31% 3 HHVVE program evaluation 8 600 150 A Annual Report Cccurnentation 12 900 230% Total Labor' 52 $ 3,900 100% Local Travel. Reproduction and Po---tage2 100 Total Budget S 4,000 Ncte: I Uibcr costs are based an a combined average rate of$75 per tour. Individual staff are bwed at the following r3!es,. Principaysenicr professional: $100 per hour Assaciateiresearch aswetant: $55 per hour Clerical: $35 per hour Note- 2 Priming costs for multiple copies of completed Annual Report are not included.