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HomeMy WebLinkAbout12 CONS SVCS AGMNT-06 WASTE DIVERSION REPT 02-19-08AGENDA REPORT MEETING DATE: FEBRUARY 19, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH ECONOMICS, INC. TO PREPARE THE 2006 SOLID WASTE DIVERSION STUDY FOR SUBMISSION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD SUMMARY Each year the City submits a report to the California Integrated Waste Management Board (CIWMB) demonstrating the solid waste diversion activities occurring in the City. In order to more accurately measure City compliance with the AB-939 diversion requirements, accurate Solid Waste Program data is essential. Staff is recommending that the City Council approve a Consultant Services Agreement with EcoNomics, Inc. in the amount of $43,480 to prepare the 2006 Solid Waste Diversion Study. RECOMMENDATION Staff recommends that the City Council approve a Consultant Services Agreement with EcoNomics, Inc. in the amount of $43,480 to prepare a Solid Waste Diversion Study for submittal to the California Integrated Waste Management Board (CIWMB). FISCAL IMPACT Adequate funds are available for this project in the Public Works Department Operating Budget. BACKGROUND Each year staff submits an annual report to the CIWMB which contains a measurement of the City's solid waste diversion for the reporting period and demonstrates the City's compliance with the California Integrated Waste Management Act (AB-939). Therefore, it is important that report data accurately represents the amount of waste generated by the City's residents and businesses. This data extends beyond the waste collected, diverted and disposed by the hauler and includes private sector activity and other City-initiated programs. Approval of a Consultant Services Agreement with Economics, Inc. to Prepare a Solid Waste Diversion Study for Submission to the California Integrated Waste Management Board February 19, 2008 Page 2 Staff has utilized EcoNomics, Inc. to successfully guide the City through the SB-1066 Time Extension Process, the new Solid Waste Contract and the 2005 Diversion Study. For the 2005 Diversion Study, EcoNomics, Inc. worked with the CIWMB and determined that the City's actual diversion rate in 2005 was 54%, well above the CIWMB default diversion calculation of 38%. This significant improvement in the diversion rate was due to a full year of programs required by the CIWMB SB-1066 time extension process and because of the inclusion of a construction and demolition waste from Tustin Legacy. In conclusion, staff recommends that the City Council approve a Consultant Services Agreement with EcoNomics, Inc. to complete the CIWMB 2006 Solid Waste Diversion Study. Staff anticipates that the study will be completed and ready for submission to the CIWMB late this year. Tim D. Serlet Director of Public Works/City Engineer Joe Meyers Administrative Services Manager Public Works Department TDS: JM: ccg: Approval of a CSA with EcoNomics for 2006 DiversionrStudy.doc. CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this day of 2008, by and between the CITY OF TUSTIN, a municipal corporation, hereafter referred to as "City", and EcoNomics, Inc., a California Corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to prepare the Generation Study as required by the CIWMB, hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated January 3, 2008 , a copy of which is attached hereto marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services to City; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A" in accordance with the terms and conditions of this Agreement. 1 Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. Consultant's Proposal (Exhibit "A") Section 3: Time for Completion The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "B", which shall not exceed a total cost of $43,480.00 . B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social 2 security, income tax withholding, unemployment compensation, worker's compensation and similar matters. Section 6: Indemnification Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance A. Consultant shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or with an equivalent carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. C. Consultant shall carry and pay for such workers' compensation insurance as is required to fully protect Consultant and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and 3 rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-, VII (seven) or better, or from the State Compensation fund. (3) The insurance shall not be cancelled, except after thirty (30) days written prior. notice to the City; and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1)(3) and (4) of Section 7D above and the waiver of subrogation requirement in Section 7C above. If self- insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Agreement A. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time or any reason by giving ten (10) business days written advance notice to the other party. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. C. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notice Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, upon receipt requested, postage prepaid, addressed as follows: 4 To City: City of Tustin Attn: Joe Meyers, Administrative Services Manager 300 Centennial Way Tustin, CA 92780-3715 To Consultant: EcoNomics, Inc. William O'Toole, President P.O. Box 489. Los Olivos, CA 93441 Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application of such employment, because of race, religion, color, sex, or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement. 5 IN WITNESS WHEREOF, this Agreement was executed by the parties on the date and year first above written. ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Douglas C. Holland, City Attorney "CITY" CITY OF TUSTIN By William A. Huston Title City Manager "CONSULTANT" ECONOMICS, INC. By William O'Toole Title President 6