RPVCCA_SR_2011_05_17_10_Two_Year_Agmt_SRRE_Used_OilCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:HONORABLE MAYOR &CITY COUNCIL MEMBERS f ~
FROM:RAY HOLLAND,DIRECTOR OF PUBLIC WORKtyoJJ
DATE:MAY 17,2011
SUBJECT:AWARD A TWO-YEAR PROFESSIONAL SERVICES
AGREEMENT FOR SOURCE REDUCTION AND
RECYCLING ELEMENT (SRRE),SOLID WASTE
SUPPORT SERVICES AND USED OIL PAYMENT
PROGRAM FOR FY 11-12 AND FY 12-13
.REVIEWED:CAROLYN LEHR,CITY MANAGER ~.
Project Manager:Lauren Ramezani,Sr.Administrative Analyst l.tJl--
RECOMMENDATIONS
1.Award a two year professional services agreement to HDR Engineering,Inc.
(HDR),in the amount not to exceed $35,000 for FY 11-12,and $35,000 for FY 12-
13 for the implementation of the City's Source Reduction and Recycling Element
(SRRE),Solid Waste Support Services and Used Oil Payment Program,and
2.Authorize the Mayor and City Clerk to execute a two year agreement with HDR
Engineering,Inc.(HDR),in the amount not to exceed $35,000 for FY 11-12,and
$35,000 for FY 12-13,for the implementation of the City's Source Reduction and
Recycling Element (SRRE),Solid Waste Support Services and Used Oil Payment
Program.
BACKGROUND
The City has been implementing the City's Source Reduction and Recycling Element
(SRRE)and the used oil recycling programs in accordance with State mandates for
close to two decades.The SRRE identifies how the City will reach the required State
goal to divert City's waste stream from the landfills by re-using,reducing,and
.recycling material.
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SRRE Consultant
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The used Oil Payment Program (formerly Used Oil Block Grant)focuses on public
education to encourage oil recycling and the proper disposal of the used oil and filters.
Since 2002,the City has continuously met or exceeded the State mandated 50%
diversion/recycling rate.Furthermore,the City joined the Los Angeles Regional
Agency (LARA)for the implementation of AB 939 as a charter member in 2002,and
has been an active participant of the agency ever since.LARA's annual reported
diversion rate is approximately 55%.
DISCUSSION
SCS Engineers,the City's current SRRE (i.e.AB 939)consultant,has been working
for the City for several years.Staff is pleased with SCS's quality of work and services
provided,however,SCS1s agreement ends June 30,2011.The City sent Requests for
Proposals (RFP)to three qualified firms who had previously performed various solid
waste related projects for the City.The City received proposals from the three firms:
1)HDR Engineering,Inc.(HDR),2)HF&H Consultants,LLC,and 3)SCS Engineers .
.The firms were rated based on the following criteria:
•Experience of personnel assigned to the project
•Experience working with public agencies in the development of SRRE,annual
reports,grant management and implementation
•Quality of the proposal
•Ability to produce high quality work
•Interaction of consultant team individuals with the City
•References
The proposed scope of work for the next two years includes,but is not limited to:
•Administration and Project Management
•Annual AB 939 Report Preparation,LARA Assistance,and Quarterly
Tonnage Report Monitoring
•Pubic Education and Outreach
•Construction and Demolition Recycling
•City Hall/Park Sites Recycling Program Expansion
•Multi-Family Residential Recycling Expansion/Improvement
•Commercial/Business Sector Recycling (including the upcoming mandatory
commercial recycling)
•Used Oil Grant,and Household Hazardous/E-Waste Program Administration
•Miscellaneous
.The three firms and/or their staff are highly qualified and have worked for RPV on
various solid waste related projects and/or programs.Additionally,they are all well
known and respected in the solid waste field.However,upon review of the proposals,
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SRRE Consultant
Page 3
staff finds HDR to be the most qualified firm to complete the tasks as needed by the
City.Furthermore,HDR's proposed project director had worked for the City for nearly
·a decade while employed by another consulting firm.
Staff recommends awarding a two-year agreement to HDR for FY 11-12 and FY 12-
13.Furthermore,there is an option of two,two-year extensions by mutual consent.
HDR and/or their staff have been performing AS 939 related consulting work for
various cities including, Lakewood,Irvine,and the City of Los Angeles for several
years.The agreement will be on a time and materials basis.HDR's proposal was for
a total not to exceed amount of $34,915 for FY 11-12,and $34,915 for FY 12-13.
·Finally,staff had asked proposers to enclose their cost proposal in a separate sealed
packet.Staff opened the cost packets after the proposal rating and evaluation
process was completed. SCS proposed a total not to exceed $34,913 for each year,
and HF&H a total not to exceed $35,000 for each year.
ALTERNATIVE
Award an agreement to SCS Engineers,the City's existing SRRE consultant.SCS
has served the City for several years,and is knowledgeable and experienced.
Furthermore,HF&H Consultants is also qualified and can assist the City.
FISCAL IMPACT
Funding for $35,000 for FY 11-12 and $35,000 for FY 12-13 is requested for this
program during the two-year budget approval process.Funding sources are the
·Waste Reduction fund and the used Oil Payment Program.The projected June 30,
2011 Waste Reduction fund year-end fund balance is $194,100.
Attachments:Agreement (including RFP,Proposal,&Cost Sheet)
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~CHO PALOS VERDES
Department of Public Works
REQUEST FOR PROPOSALS
Consultant Assistance for the implementation of
Source Reduction and Recycling Element (SRRE),Solid Waste
Support Services,and Used Oil Payment Program
FY 11-12 and FY 12-13
The City of Rancho Palos Verdes (City)was incorporated in 1973 and consists of a total area of
about 13.6 square miles with 7.5 miles of coastline.Elevations range from sea level to 1,480
feet.The population of the City is over 42,000 and the character of the community is primarily
residential with about 13,545 single-family residences,40 multi-family properties comprising
approximately 2,300 units,and 155 commercial/industrial parcels.
The City is seeking proposals from qualified firms with prior experience working with local
government for consulting assistance to continue implementation of its Source Reduction and
Recycling Element (SRRE).The City has been actively implementing its SRRE since its
adoption in 1991.The Public Works Department is responsible for implementing the SRRE,
administering the exclusive residential single-family and multi-family solid waste and recycling
contracts,and the non-exclusive commercial solid waste and recycling contracts.The Public
Works Department is organized similar to other contract cities,in that the assistance of
consultants is used to perform tasks that are administered by a core staff of City employees.
The new SRRE consulting agreement will be awarded for a two year period (FY 11-12 and FY
12-13)with an option to extend up to two,two-year periods (FY 13-14 and lor FY 15-16)with
mutual consent.
The City currently has two exclusive residential solid waste and recycling contracts.Those
contacts have been recently awarded and expire on June 30,2017,with up to a 36-month
extension option.EDCO Disposal Corporation (EDCO)exclusively services 95%of the City
(Service Area 1),offering once a week automated curbside refuse,recycling and green waste
collection.While the second hauler,Universal Waste Systems (UWS)exclusively services
5%of the City (Service Area 2)offering once a week manual backyard collection in the
Portuguese Bend Landslide areas using a split-bodied truck.Other UWS customers receive
once a week automated curbside collection of trash,recycling,and green waste.
Additionally,the City currently has non-exclusive commercial agreements with 10 haulers,
which are renewed annually.The market is competitive and the haulers set their own rates.
Authorized haulers pay a 5%franchise fee and up to a 5%AB 939 fee on gross receipts to
the City.Haulers receive a credit on their AB 939 fees if they recycle.Approximately 200
businesses operate in the City.This includes one large supermarket (Ralphs)and a few
medium size supermarkets (one Smart and Final,and two Trader Joe's).
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The Scope of Work shall include but not be limited to the following items:
Task I.Administration and Project Management
Provide general project management including assisting the City's Recycling Coordinator,
attending meetings,and updating the City of pertinent new or upcoming legislature and
ordinances.Assist in implementing new programs and policies.Monitor CalRecycle and
legislative activities and recommend action to be taken by City.Verify annual residential rate
adjustments requests submitted by UWS and EDCO.
TASK II:Annual AS 939 Report Preparation.LARA Assistance.and Quarterly
Tonnage/DRS Reports Monitoring
The City is a charter member of the Los Angeles Regional Agency (LARA).LARA prepares
member annual reports.However,the City is still responsible for preparing City specific
information items,and entering the needed information and tonnage into LARA's electronic
annual report database program.The City is also responsible for implementing its various
programs as mentioned in its SRRE.
1.Update the City specific information items.Assist the LARA with needed information to
complete the electronic annual report.
2.Attend quarterly LARA meetings,when needed,and represent the City and provide input
to LARA on how to improve their programs.
3 ..The City's and/or LARA's approved diversion rates for the past few years is as follows:
Year 2006 2007 2008 2009
RPV's %Diversion (wi transformation)60 59*71*63*
LARA's %Diversion 55 56 56 55
*The City's per capita disposal eqUivalent target IS 4.5 and per capita generation IS 9.1.
The percentages above are estimates based on these amounts.
4.Compile in a database/spreadsheet quarterly disposal tonnage reports (DRS)provided
.from various counties.Review the residential and commercial haulers quarterly
disposal/recycling tonnage information,and determine if they match the counties DRS
reports.Recommend follow-up action(s).Depending on the tonnage discrepancy,obtain
from the Sanitations District a list of self-haul disposals to their facility (Puente Hills).
Review list and identify illegal haulers and send them "stop notices".
Task III:Public Education and Outreach
1..Prepare public education and outreach material to publicize and educate the City's
residents and commercial establishments of existing and new recycling,used oil,
composting and source reduction programs.Materials may include preparing/editing
articles for the City's bi-annual newsletters,brochures,flyers,e-mail articles,and other
public education materials.Update City's website public education material.
2.Improve the development and implementation of an outreach campaign for City
businesses to facilitate,improve,and/or begin their recycling efforts.
3.With EDCO and/or Waste Management's cooperation and assistance,explore how to
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.improve the implementation of an outreach campaign for RPV schools to enhance
recycling.Waste Management is currently the PVPUSD's authorized hauler.
4.Promote the WRAP,or other local or State recycling awards (SBBEC)and recycling new
material.
5.Obtain competitive quotes;obtain CalRecyce approval,and order giveaways and
promotional items (when needed).
Task IV:Construction and Demolition (C &D)Recycling
The City has not adopted a C &D recycling ordinance.However,the City promotes the use
of nearby C & D recycling facilities.The City also offers commercial haulers a credit on their
quarterly AB 939 fees if they take material to various recycling facilities including SERRF,
Chandlers',MRF's,etc.For several years,the City has been requiring waste certifications
from private contractors,as part of their building permit for construction or remodeling projects
in the City (if exceeding a certain valuation threshold).Additionally,staff requires that all City
funded projects,where possible,recycle their waste material especially inert material,and/or
reuse material from the project.
1.Improve the City's construction and demolition recycling and implement programs.
2.Review recycling tonnage and certificates from contractors performing City funded
projects.
3.Review recycling tonnage and certificates from contractors performing private projects,as
part of their building and planning permits (for valuation over $100,000).
4.Review (when needed)development projects tentative and final recycling plans.
5.·If needed,work with staff and City Attorney for new ordinance(s).
Task V:Expand City Hall/Park Sites Recycling Program
This is a continuation and monitoring of the previous years'activities.
1.Evaluate and monitor the City facilities (City Hall and park sites)recycling and landscaping·
.green waste program.Suggest necessary changes and implement a pUblic education
program.
2.Gradual replacement of existing concrete recycling containers at parks with different ones.
This has already begun.The work to continue for the next few years.
Task VI:Expand/Improve Multi-Family Residential Recycling-Follow up
The City has exclusive franchises for multi-family residential solid waste and recycling
services.Many multi-family complexes have recycling containers.This task is a
continuation/follow-up and monitoring of the previous years'activities,and improving the
overall program.In FY 08-09,the City received a grant from CalRecycle (formerly
Department of Conservation)for multi-family recycling programs.Indoor and outdoor
containers and outreach material were purchased for four multi-family complexes.
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1.Work with EDCO and UWS and evaluate potential to expand multi-family recycling and
green waste program,including recycling in pool and common areas.
2.Work with property managers and landscape companies to improve green waste and
commingled recycling in complexes.
3.Prepare remaining multi-family grant related quarterly and annual reports,and
reimbursement requests.The grant expires November 2011.Monitor the progress in those
.complexes.
4.Depending on grant funding availability,improve recycling at other complexes.
Task VII:Commercial/Business Sector Recycling
The City requires all permitted residential (single and multi-family)and commercial hauler to
submit quarterly reports (disposal and recycling tonnage)in order to verify the county DRS
information.Additionally,the City plans to be prepared for the mandatory commercial
recycling ordinance prior to the July 1,2012 implementation deadline.
1.Meet with and obtain input from authorized commercial haulers.
2.Assist in preparing staff report(s)and reviewing draft ordinance(s).
3.Continue implementing recycling and waste reduction programs for businesses and/or
improve existing or implement new programs.
4.Attend Chamber of Commerce and/or other local business meetings and meet
businesses.Make presentations.
"TASK VIII:Used Oil Grant and Household Hazardous Waste Program Administration
The City annually receives approximately $10-14,000 in used Oil Payment Program (formerly
UOBG)grant funds from CalRecycle.The City has two certified used oil collection centers.
Additionally used oil and filters are collected weekly on a call-in basis at curbside by the
residential haulers.Typically,the City sets aside half of its grant funds (approximately $5-
$7,000)for stormwater pollution prevention (NPDES)activities.The City has a separate
NPDES consultant that assists in that particular program.
1.Administer the Used Oil Payment Program (OPP)including preparing and submitting
required reports,reimbursement requests,visiting certified centers,etc.
2.Prepare Form 303,or reports for other agencies.
3.Assist with public education,such as placement of newspaper advertising,and obtain
quotes and order used oil supplies and giveaway material (after obtaining approval from
CaIRecycle).
The City hosts an annual County sponsored HHW/E-waste roundup at City Hall.
Additionally,residents are encouraged to go to the SAFE Collection center operating on
weekends in the neighboring San Pedro.
Task IX:Miscellaneous
The selected firm will be viewed as the City's overall solid waste management consultant as
w~1I as being responsible for implementing the specific tasks listed for FY 11-12 to FY 12-13.
This may include,but not be limited to some of the following miscellaneous tasks:
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1.Prepare grant application forms and needed support documents.
2.Prepare/edit staff reports,and correspondence as needed.
3.Contact other cities for service surveys and other needed information.
4.Perform waste audits of businesses,if necessary.
5.Attending events or fairs,as needed.
6.Other tasks as assigned.
PROJECT BUDGET
The City is in the process of preparing the next two-year budget (FY 11-12 and 12-13).The
FY 11-12 and FY 12-13 bUdget is estimated to not exceed $35,000 and $35,000 respectively.
The City budget is expected to be approved by City Council on June 7,2011.
PROPOSAL
The Consultant shall submit three copies of the proposal to the City of Rancho Palos Verdes,
Department of Public Works.The proposal shall contain the following elements:
1.Submit a transmittal letter.
2.Name,address and brief history of the firm with emphasis on work related to the SRRE
implementation,related solid waste services and used Oil Payment Program.
3.Names and qualifications of individuals who will be assigned to the project.
Additionally,list recent related projects on which the principal staff have worked and
describe their respective role and responsibility.
4.A cost proposal (attached in a sealed packet)including a detailed task structure,
professional fee schedule and estimated hours by staff based on the category of each
task.The hourly rates shaH be for the two-year term of the agreement,or June 30,
2013,whichever occurs first.The proposal shall also include an estimated level of
effort expected of City staff.
5.A statement that the firm or consultants have sufficient staff resources and capability to
perform work contained in the proposal.
6.References from at least three (3)public agencies where you have completed similar
projects in the past five (5)years.Prior work experience in RPV,or public agencies of
a similar size and composition to the City of Rancho Palos Verdes are preferred.
•The City reserves the right to select a consultant,which may not have submitted the
lowest proposed fees.
Note:This project may require services during weekends and/or evenings,and travel to
different meeting sites.Indicate on your fee schedule any fee differential for weekend,
evening services and/or travel time and mileage.Fees shall be inclusive of all clerical
support,overtime services,travel time,travel mileage,cellular phone services,and computer
us~ge.
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SELECTION CRITERIA
The following criteria will be used to evaluate submitted proposals:
.1.Experience of personnel assigned to the project.
2.Experience working with public agencies in the development of SRRE,annual reports,
grant management and implementation.
3.Quality ofthe proposal.The proposal shall clearly demonstrate the firm's understanding of
the City's overall objectives
.4.Ability to produce high quality work,usable and modifiable databases that are user
friendly,easily implemented and manageable.
5.How the consultant team will interact with the City of Rancho Palos Verdes.
6.Review of references.
Please note that the responses to this request for proposal are subject to the following
cO!1ditions as noted in the sample agreement attached.
SELECTION PROCEDURE
A selection team will be established to review submittals and/or interview firms or consulting
teams of the top selected proposals.The committee will recommend the most qualified firm
or consulting team to the City Council for approval.
CONTRACT FORMAT
Attached is a blank copy of the agreement format "ProfessionallTechnical Services
Agreement",which is approved by the City Attorney.This is for consultant's information.
SUBMITTAL OF PROPOSALS
Submit proposal to:
City of Rancho Palos Verdes,DPW
30940 Hawthorne Boulevard,
Rancho Palos Verdes,CA 90275
Attention:Lauren Ramezani,Senior Administrative Analyst
Proposals must be received no later than 1 p.m.,Friday,April 22,2011.
If you have any questions regarding the Request for Proposal,please contact Lauren
Ramezani at (310)544-5245 and/or at Laurenr@rpv.com.
The projected date for requesting City Council approval for this professional consulting
agreement is May 17,2011.
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_?¥?-d?'sA L
April 22,2011
City of Rancho Palos Verdes,DPW
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Attention:Lauren Ramezani,Senior Administrative Assistant
Dear Ms.Ramezani:
Happy Earth Day!What an appropriate day for the City to accept HDR Engineering,Inc's.(HDR's)
proposal to provide assistance for the implementation of the City's SRRE,Solid Waste support services,and
Used Oil Payment Program.Selecting HDR will enable the City to continue to implement its AB 939 and
Used Oil/HHW programs utilizing personnel who have previously worked with the City,and who are
innovators in the design and implementation of cutting-edge waste reduction,recycling,and zero waste
programs.
The attached proposal demonstrates our approach to this project and highlights the benefits HDR offers the
City,including:
•Hands-on Project Managemt:llt.Ms.Michelle Leonard is a recognized leader in solid waste in
Southern California,and previously provided these services to the City of RPV.
•Project Understanding.We have developed a comprehensive approach to this project that
incorporates the existing,ongoing efforts in addition to innovative,cost-effective zero waste policies
and programs.
•RtxJent and Rdevant &perit:llce.HDR is one of Southern California's leading solid waste consulting
firms and our team has recent and relevant experience providing similar services to cities and counties
in Southern California.
If you have any questions regarding the contents of our proposal,please contact Michelle Leonard at
michelle.leonard@hdrinc.com.
Sincerely,
HDR Engineering,Inc.
Michelle P.Leonard,Vice President
Project Director
Rich Coles,Vice President
Area Manager
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·F..-_..-..
Firm History and Experience
Relevant Project Experience
Staff Qualifications
Firm Resources and Capability
to Perform Work Contained in Proposal
Project Understanding
Project Approach
References
Cost Proposal (see separate sealed envelope)
Appendix
1
2
9
11
12
13
20
21
22
10-11
HDR's local office is located at:
801 S.Grand Ave.,Ste.500
Los Angeles,CA 90017
(213)239-5839
FIRM HISTORY AND RF~,EVANT F~PERIENCE
HDR is one of the premier solid waste consulting firms,with over 35 years of experience in providing solid
waste planning,program design,implementation and monitoring services.Our staffhas provided AB 939
and related solid waste management serVices to both large and small municipalities in Southern
California,including the cities of Rancho Palos Verdes,Lakewood,Baldwin Park,Irvine,Pasadena,
Glendale,Los Angeles,and Long Beach,and the counties of Los Angeles,San Bernardino and Orange.
In California,HDR operates 12 offices with over 900 staff
members who have worked with numerous municipal agencies
to plan,and implement AB 939 policies and programs,and
Used Oil and Household Hazardous waste projects.This
project will be managed from our Los Angeles office.
HDR is imminently qualified to provide AB 939 services to the City of Rancho Palos Verdes.Michelle
Leonard,HDR's Project Director,managed this effort for the City from 2001 and 2009,and has a keen
understanding of the City's existing programs and policies,and the efforts that are necessary to not only
implement the City's SRRE and Used Oil program,but to improve the solid waste services the City provides
to its residents and businesses.Michelle worked with the City during the development of a number of
ongoing solid waste programs,including business and multi-family audits and recycling programs,C&D
diversion at Marineland/Terranea,C&D debris policy development and implementation,park recycling
program,City Hall recycling,LARA initiation,and the Used Oil and Household Hazardous Waste grant
programs.
HDR staff has unparalleled experience in zero waste policies,programs and facilities;giving them the expertise
necessary to take the City's solid waste program to the next level.Zero waste means maximizing diversion
and minimizing disposal;targets that are relevant and achievable in today's sophisticated solid waste
management infrastructure.HDR staff members are trained in all aspects of zero waste program design and
implementation,along with preparing Annual Reports,reviewing and analyzing Disposal Reporting System
(DRS)information,designing and presenting public education and outreach materials,preparing C&D
policies,programs,and ordinances,evaluating and enhancing multi-family and commercial business recycling
programs,administering Used Oil grant and household hazardous programs,and preparing and presenting
reports and surveys.
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10-12
The C&D Diversion Project at
Marinelandffe"anea resulted in a 98%
Diversion Rate
RF.~LEV"ANT PROJECT EXPERIENCE
HDR staff members have been involved in AB 939 since it's inception in 1990,and over the past 20 plus
years,have helped communities throughout California to reach and exceed the diversion mandates.This
experience will afford RPV the opportunity to evaluate innovative options for residential and commercial
solid waste programs.Our experience ranges from developing cutting edge solid waste management
programs,such as commercial business and multi-family technical assistance in waste prevention and
recycling,construction and demolition debris recycling projects,City facility recycling and waste reduction
programs and policies,school waste reduction and recycling programs and presentations,used oil,household
hazardous waste,and universal waste grant applications,to diversion monitoring,technical assistance,and
ordinance preparation,program administration and implementation,and the design,presentation,and
publication of public education and outreach efforts to support all types of waste diversion programs.
Descriptions of relevant projects undertaken by HDR staff are included below:
AS 939,Used OH,and Other SoUd Waste Support Services
City of Rancho Palos Verdes,CA
Beginning in 2001,Michelle Leonard and her project team provided
annual solid waste management (AB 939)services to the City of
Rancho Palos Verdes.Over the years,a number of projects were
implemented to assist the City in reaching its diversion goals.
Highlights of the projects include:
•Expansion of the City's multi-family recycling program,
including meeting with the City's franchised hauler,
building managers,and residents to discuss opportunities for
increasing diversion from the City's many multi-family
buildings.As a result of these meetings,a new program was
designed and implemented,in conjunction with interested
stakeholders.
•Applied for a won a State grant for expansion of the multi-
family recycling program.
•Reviewed the City's C&D programs and worked on new policies and methods to increase diversion of
this material.
•Designed,implemented and monitored the C&D diversion program at Marineland/Terranea Resort,
including meeting with developer,contractors and staff,site visits,and assistant with quantifying
debris and identifying markets for recycled materials.
•Assisted the City in reviewing and expanding programs at City parks and a variety of other public
education and outreach programs.
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41~'CY~-:.L~:Consultant Assistance for the Implementation of Source Reduction!::,{):~c,,*-"'.:.>and·Recycling Elem,nt(SRRE),Solic:i Waste Support Services•.·..•.·.·..·•.··•···.•..•.·.••.....ijIJ11'JjJJjll:IIJlliJ.J.ii·ii,:.ljifj"'JJJJilil'la~~~i.·.···m#~.Jjjk ..·'tllIlJ)JJ•••
•Reviewed the DRS and monthly hauler data,and prepared the AB 939 Annual Reports.
•Implemented the City's Used Oil Program,including inspections of the Certified Centers and filing
of Form 303 and Annual Reports.
•Annual Review of Franchise Haulers'rate increase requests,including review and verification of
calculations and proposed rates.
.Hlj'k;staffhivi wiJililitlwlth ihi/'WfJi"siil
Gabriel and Athens'Services for 10 years
providing AS 939 compliance services.
identification of opportunities to enhance diversion.
•Meetings with CalRecycle,City,and hauler
representatives
•Attendance and presentation at public meetings and hearings.
AS 939 Support Services
City of San Gabriel (Athens Services),CA
HDR is providing AB 939 services to the City of San Gabriel under contract to Athens Services.As part of
their franchise agreement,Athens is responsible for ensuring the
City is in compliance with AB 939.HDR is undertaking the
following tasks:
•Preparing the AB 939 Annual Report.
•Quarterly tracking of DRS data,including verification
of generator origin,contacting and reporting illegal
haulers,and submitting corrections to DRS.
•Review and verification of hauler reports.
•Evaluation of diversion program effectiveness,including
AS 939 Support Services
City of Lakewood,CA
For nearly ten years,Michelle Leonard provided AB 939 support services to the City of Lakewood,California.
During this time,the City achieved compliance with the State mandated diversion goal through the
implementation of numerous residential,commercial and City programs designed to reduce waste,increase
recycling,and educate residents and businesses on the importance of sustainable waste management.The
following higWights some of the programs that Michelle worked with the City to implement:
•Development of a new franchise agreement with EDCO that included a transition to weekly curbside
commingled recycling and greenwaste collection for single and multi-family residences.
•Preparation of AB 939 Annual Report,and monthly review and analysis of DRS and hauler reports
for disposal and diversion.
31Page
10-14
~~CYc-~
t ~:............Consultant Assistance for the Implementation of Source Reduction;:;:::::~c",~::<al'1d Recycling Elem~mt (SRRE),SolidWa$te Support Services,>••....
wJIIJJjJjjJIJJJI1;JI:::·:!i!.;:::::;,illiIJIJ'llr';fllll1~~jf~~J!j_jl':IIJllilffaIJl._f~
•Coordination of public education and outreach materials,such as newsletters,door hangers,and other
materials.
liThe City was very pleased with the
many years of service provided by
Michelle;she has proved to be
extremely reliable and efficient.She has
completed our projects on time and
within budget,and the final work
products have been of the highest
quality."_-Lisa A.Rapp,Director of Public
Works,City of Lakewood
•Organization of informational booth and presentations at
community events,including annual Fourth ofJuly,
Mother's Day,and Earth Day events.
•Design and implementation of commercial waste
reduction and recycling programs,including business
audits,recycling program technical assistance,and review
of hauler reports.
•Development of Construction and Demolition Debris
policy,a voluntary program for the reduction of waste
from construction and demolition projects in the City.
•Design of the green waste drop-off program,which established monthly events for residents to bring
their greenwaste for recycling.
•Established innovative electronics recycling collection events at the regional Lakewood Mall.The
events were the first of their kind to provide a convenient drop-off location for Lakewood residents
and businesses to recycle used electronics.
•Administration of the Used Oil grant program,including preparing and submitting required reports,
reimbursement requests and Form 303;inspection of Used Oil collection centers,and outreach and
education to residents on the proper methods for handling of used oil and filters.
•Design and implementation of a multi-family recycling program under the Litter Reduction/Beverage
Container Recycling Grant program.
HDR staff assisted the of Irvine
with reviewing recycling plans for
the Great Park Demolition and
Construction activities.
Solid Waste Support Services/Business Technical Assistance Project
City of Irvine,CA
Between 2004 and 2009,Michelle Leonard provided comprehensive
solid waste services to the City ofIrvine,including AB 939
compliance,C&D diversion projects,school recycling,business
technical assistance,and public education and outreach support.
HDR was a subconsultant to SCS on the first year of the City's
Business Technical Assistance project.Project accomplishments
included:
•Conducted business waste assessments and directed the
formulation of the assessment methodology,reviewed
reports and recommendations,and provided input on
specific recycling opportunities.
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•
•
•
•
Prepared a new non -exclusive franchise agreement for commercial collection in the City.The revised
agreement includes a franchise fee system that provides financial incentives to recycle or avoid landfill
disposal,as well as new requirements for reporting and auditing.Michelle conducted a workshop
with stakeholders to gain input and support for the new agreement,and worked with the City's
attorneys on the contract language.She also developed the reporting forms used by the haulers to
document diversion,disposal,and ad franchised fee payments.
Assisted the City in preparing a Construction and Demolition Debris Recycling Ordinance.Michelle
conducted a workshop introducing the ordinance to haulers and contractors,and worked with the
City to establish the diversion requirements,project thresholds,and reporting mechanisms.
Assisted in reviewing recycling plans submitted for the City of Irvine Great Park demolition and
construction projects,which included identifYing markets for hard-to-recycle items,compliance with
LEED requirements,and verification of disposal and diversion data.
Participated in meetings and presentations with staff,local businesses,and franchise hauler to identifY
opportunities to increase recycling and food waste diversion at businesses and multi-family residences.
Together with the City of Stockton,
HDR designed and implemented
recycling programs to reach 50
Dercent diversion.
•Recycling Coordinator Services -The City hired HDR in
2001 for a five-year project to provide recycling coordinator
services on-site at the City offices.Our role was to
supplement City staff in planning and implementing
recycling programs pursuant to the City's Local Assistance
Plan,developed in cooperation with the CIWMB.
•Developed the City's buy recycled procurement policy,implementing the construction and
demolition debris ordinance,supervising the City's recycling intern,planning and implementing
special events,such as America Recycles Day and Earth Day,applying for and administering the City's
Department of Conservation grants,writing the City's annual report to the CIWMB,and working
with the school districts in the City to develop recycling programs and environmental education
projects.
Integrated Waste Management Planning and Implementation
City of Stockton,CA
HDR provided integrated waste management technical assistance to
the City of Stockton (City)to design and implement programs to
reach 50 percent diversion.Projects and tasks included:
•HDR developed of a waste diversion study to document the
City's existing diversion rate,establish a baseline for planning
purposes,and identifY opportunities for new diversion.
•Developed the City's construction and demolition debris ordinance,requiring generators to recycle 50
percent.
SIPage
10-16
•Assisted the City in implementing its new solid waste collection programs,which includes single-
stream recycling and organics collection (green waste,food waste,and food contaminated paper).
•Public Outreach -Facilitated the implementation of new collection services,which included
conducting 20 public workshops throughout the City and in each City Council District to introduce
the new program to residents and businesses and to answer questions from the public.For this project,
we developed outreach materials and PowerPoint presentations describing the new services,identified
locations for each meeting,prepared the agendas and meeting announcements,coordinated the set-up
of each meeting,presented the information,and answered questions.We conducted many of these
public meetings in both Spanish and English.
r t
tons of solid waste have been
diverted from business clients.
StopWaste.Org Business Partnership
Alameda County,CA
HDR supported the StopWaste Business Partnership in
providing a comprehensive business and environmental
performance improvement initiative to help businesses and
institutions reduce waste,energy and water use,and improve
competitiveness in Alameda County.To date,business clients have
diverted more than 145,000 tons of solid waste.Client representatives have contacted more than 450
businesses throughout Alameda County.These contacts have resulted in 112 active clients,and diversion of
more than 20,000 tons in the current fiscal year,including 11,300 of new diversion so far.
Projects and tasks included:
•Assisting with project planning and industry targeting
•Leading comprehensive assessments at businesses and institutions
•With an automated,web-based assessment system designed for this program,making cost-cutting
recommendations for businesses and institutions in waste reduction,energy and water efficiency
•Providing implementation assistance including training,helping to secure waste prevention and
recycling vendors,finding buyers for discards,and piloting waste prevention technologies
•Helping to measure and evaluate waste reduction and other resource efficiency and cost improvements
•Supporting policy dialogues on various issues including waste prevention,energy efficiency,and
sustainable development
•Conducting or supporting several special projects within the Partnership,including property manager
focus groups and marketing,commercial recycling and solid waste collection arrangements within
each member agency,construction and demolition debris recycling assistance,environmentally
preferable putchasing,janitorial services and sample contract language,the Brain Trust,the Web
Seminar,and the Best Practices Workshop
•Helping companies change processes and redesign supply chains to reduce waste
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$1~CY~"~~::Consultant Assistance for the Implementation of Source Reduction
Solid Waste Integrated Master Plan,Zero Waste Master Plan
City of Los Angeles,CA
The City of Los Angeles is striving to accelerate diversion goals to 70 percent diversion by 2015,to add
materials and curbside collection programs,and to convert the City's 700+collection trucks to clean-burning
liquefied natural gas by 2010.HDR is assisting the City in developing its Solid Waste Integrated Resources
Plan that is envisioned to be the City's 20-year zero waste master
plan.During Phase 1 we worked with LA stakeholders to develop
the guiding principles for the 20-year zero waste master plan by
conducting 36 public workshops,3 citywide conferences,75
business interviews,100 key constituent meetings,and 36
grassroots house meetings.Phase 2 will include the development
of the policy,programs and facility plan,financing plan,
implementation plan and environmental documentation
Zero Waste Implementation Plan
City of Alameda,CA
In its Local Action Plan for Climate Protection,the City ofAlameda identified zero waste initiatives as the
number one strategy for reducing greenhouse gas emissions in the City,accounting for 58 percent of the
City's planned reduction.HDR is now assisting the City in the development of its Zero Waste
Implementation Plan,which documents the diversion potential,costs and greenhouse gas emissions reduction
potential of the policy and program initiatives identified for implementation by stakeholders within the City
for achieving zero waste.For this project,HDR conducted a series of workshops designed to obtain input and
buy-in from stakeholder groups within the City,including businesses and business associations,community
groups,school-based organizations,and interested residents.
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Curbside setout
HDR completed the plan in 2008 and is now assisting the
City in procuring new organics processing facilities,
including anaerobic digestions,gasN/cation,and organics
composting.
Zero Waste Plan
City of San Jose,CA
HDR assisted the City of San Jose to develop its
integrated waste management zero waste plan,
coordinating the work of the consultant team and
developing the zero waste summary plan document.Our
task includes:identifYing all of the policies,programs,and
facilities that will be needed within the next 20 years for
the City to reach 75 percent diversion by 2013 and zero
waste by 2020;documenting the City's existing and
planned new programs;reviewing alternatives for
conversion technology and waste to energy to assist
the City is achieving its Green Vision goals;
supporting the work of City staff in identifYing next
steps for managing organics by using anaerobic digestion capacity at the regional water pollution control
plant;and preparing an implementation plan which identifies all of the action steps to be implemented by
City staff.We are currently assisting the City in procuring new organics processing capacity,including the
incubation of new technologies.
Zero Waste Planning
City and County of San Francisco,CA
HDR is providing on-going technical assistance to San Francisco in the design
and implementation of the City's zero waste programs.We are assisting City
departments to model zero waste behavior through implementation of recycling
and organics programs;assisting the City in evaluating strategies for mandatory
recycling and product and packaging reduction (fees and bans);conducting the
City's annual litter audit;compiling the City's annual diversion and disposal
estimates;calculating the City's potential greenhouse gas emissions reductions
through its zero waste initiatives;evaluating the City's street sweepings for
diversion from disposal;and supporting the City in conducting its rate review
process.
San FranciscoisZero Waste
Program is a model for innovative
diversion programs across the
country.
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STAFF QUALIFlCA'TIONS
HDR's Project Director
Michelle Leonard has over 8 years
experience working with Ranchos Palos
Verdes.
The experience and expertise of the project team is a key factor to the success of any project.The HDR team"
combines selected individuals that we believe offer the strongest,most flexible and most cost-effective
approach to this project.Our solid waste specialists have
unsurpassed expertise in implementing AB 939 policies and
program design and implementation,including undertaking
business waste audits,solid waste programs review,Disposal
Reporting System (DRS)information review and analysis,
preparation of diversion studies in compliance with the State
Diversion Study Guide,completion of new base year studies,and C&D ordinances and programs.Recently,
our staff has been instrumental in helping many cities and counties to maximize diversion through Zero
Waste strategies,including waste reduction,reuse,recycling and composting policies,programs and facilities.
Michelle P.Leonard
Project Director
Ms.Leonard is HDR's proposed Project Director and will serve as the primary point of contact for the City.
Michelle is a recognized leader in the fleld of solid waste management and recycling,and has spent all of her
professional career in environmental consulting,with emphasis in solid waste management planni~g.She was
involved in the early years ofAB 939,and prepared many of the source reduction and recycling elements,base
year studies,and waste generation studies that are still in place today for many California cities and counties.
She taught a Certiflcate Course at Cal Poly Pomona on AB 939,and many of her students are Recycling
Coordinators for municipalities in Southern California.
In her previous position at SCS Engineers,Ms.Leonard directed Solid Waste Programs for the cities of
Rancho Palos Verdes,Lakewood,Irvine,and Baldwin Park,to name a few.Ms.Leonard worked with the
City ofRPV for nearly 8 years on all aspects of AB 939 compliance,and helped to develop many of the
existing programs,including business and multi-family recycling,DRS monitoring and reporting,C&D
diversion projects,and City recycling programs.She has a strong working knowledge of the City's existing
programs,and an established working relationship with Lauren Ramezani.
Ms.Leonard also directed the City of Lakewood's Solid Waste Programs for over seven years,providing a
variety of services to the City,including service negotiations and procurement,solid waste planning,program
design and implementation;infrastructure needs assessment,and AB 939 compliance.A letter of reference
from Public Works Director Lisa Rapp is included in the appendix section of this proposal.
Ms.Leonard also directed the City of Irvine's Solid Waste Business Technical Assistance project for four
years.Ms.Leonard drafted the City's new non-exclusive franchise agreement,and the new hauler diversion
and reporting requirements.She conducted workshops for local haulers to gather input and support for the
new ordinance.Ms.Leonard worked closely with the City on the C&D Debris Diversion Ordinance,and
conducted the workshop for haulers and other stakeholders.
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10-20
Ms.Leonard is active in local,regional and state-wide recycling efforts,and brings to the project over 28 years
of experience in managing solid waste management projects.Ms.Leonard currently serves on the
International Board Executive Committee of the Solid Waste Association of North America (SWANA),and is
a past director (20 years)of the Southern California Waste Management Forum.Ms.Leonard is the HDR
National Director ofIntegrated Waste Management Planning,and works out of the HDR Los Angeles office.
Jennifer Lao
AB 939 &porting,DRS Monitoring,PHblic OU!nach and Educo!ion
Jennifer Lao has six years experience in solid waste management and recycling.She previously worked at
Boeing as the Site and Regional Recycling and Solid Waste Manager.She created short term and long term
waste reduction goals and plans for sites,implemented recycling programs,tracked program metrics,and
partnered with key stakeholders to ensure efficiency and a clear flow of communication.Under her leadership,
her site was a first time winner in the California Waste Reduction Awards Program (WRAP).
For the past year,Jennifer has worked as a recycling specialist at HDR.She has prepared AB 939 Annual
Reports,compiled DRS data and developed a database/spreadsheet with quarterly tonnage reports,conducted
business waste audit verifications,participated in multi-family recycling workshops,and contributed to solid
waste management planning projects,identifying opportunities to increase recycling and food waste diversion.
Jennifer earned a Certificate in Principles of Municipal Solid Waste Recycling from UCLA Extension,and is a
member of the California Resource Recovery Association,Southern California Waste Management Forum,
and Women's Environmental Council.
Ruth Abbe
Program Evaltiofion and Planning and Technical Support
Ms.Abbe is a recycling and solid waste management specialist and project manager with more than 20 years
of experience as a consultant.She is HDR's nationaLpractice leader in zero waste planning.
She has worked with over 50 communities and private sector clients to plan and develop their recycling and
solid waste management programs in compliance with AB 939.She has designed recycling programs for the
residential and commercial sectors,assisted in the development of food waste collection and recycling
programs,and has conducted public outreach and education programs that bring together diverse
stakeholders to support innovative,cost-effective waste reduction programs.As a member of the City of
Alameda Recycling Task Force,Ms.Abbe developed one of the first citywide residential single-stream
collection programs.
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4i\'lECY~
..:.~-::Consultant Assistance for the Implementation of Source Reduction ;,
Georgia Thompson
Legislative and regulatory monitoring,Grnnt Applications and administration
Ms.Thompson has more than 20 years of experience as an environmental regulatory specialist,with expertise
in integrated waste management.Her experience includes AB 939 hauler compliance monitoring,contract
management,and rate reviews and auditing,development and implementation of public information and
participation programs,preparation of applications and administration of grant programs,and preparation of
AB 939-related documents (e.g.,Source Reduction and Recycling Elements,Household Hazardous Waste
Elements,and Annual Reports).Ms.Thompson has extensive experience working with elected officials at the
city,county,state,and federal levels as well as extensive experience working with solid waste hauling vendors.
Ms.Thompson has tracked and proposed legislation regarding solid waste management and other
environmental issues.
FIRM RESOURCES AND CAPABILITY TO PERFORM WORK
CONTAINED IN PRC)POSAL
HDR has a dedicated staff of scientists and solid waste planners who would be available to provide ongoing
support to the City of Rancho Palos Verdes as outlined in the proposal,and as may be necessary to meet the
existing and future solid waste needs of the City.
lllPage
10-22
PROJECT UNDERSTANDING
The City ofRPV has been at the forefront of solid waste issues since the inception of AB 939.Former
Councilman John McTaggert was a long-time member of the Los Angeles County Solid Waste Management
Committee/Integrated Waste Management Task Force,and instrumental in the City's charter membership of
the Los Angeles Regional Agency.Over the past 20 plus years,the City has implemented a variety of
programs that has enabled it to exceed the mandates of AB 939,including the Recycler of the Month award,
implementation of an exclusive residential franchise and monitoring of
non-exclusive commercial agreements to facilitate diversion tracking,
diversion of C&D materials from the former Marineland site and street
improvement projects,use of greenwaste for trails and erosion control,
collection of horse manure from residential properties,and recycling
programs at City parks and facilities.The City has been active in Used
Oil Collection and HHW programs as well,including sponsoring
regular collection events in the City and on the peninsula,utilizing
grant funds for public outreach and education,and pursuing
opponunities to collect these materials curbside.
The City's recent transition to a new single-family residential solid
waste and recycling contract has transformed the City from its historic
two-day per week collection to once per week automated curbside
refuse,recycling and greenwaste service.The new service incorporates a Pay-As-You-Throw rate structure,
with a goal of "incentivizing"residents to recycle more by providing unlimited recycling and greenwaste
capacity,and fees for additional waste containers.The new system also includes curbside collection of oil and
filters and e-waste,as well as bulky waste collection.
At this time,the City is seeking the assistance of a consultant that can work with the City to expand the
existing programs,and to meet the requirements of new and emerging legislation and regulations.We
envision our role as an extension of City staff.Our team members will be available to respond to the City's
requests at shon notice,to prepare repons,to attend meetings,and generally to work closely with staff to
accomplish the City's goals and objectives for AB 939 compliance.As the laws and regulations ofAB 939
continue to change,and the types of materials generated and requiring diversion expand,the City must
anticipate the need for new programs and policies.We will keep the City abreast of new programs and
regulations that will affect the City,such as the multi-family recycling requirement,and other activities that
may impact the City's solid waste management system.
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i;::::,~1PvG,,«<-'<>~.<andRecycling Elem,nt(SRRE),Solid Waste Support Services,'.';:,";~JIJI'llllil;fii:::ljlfi,fr'IJIJ)J'JIJ'jl.~~jj~»,~~jJJ1{'flJ'_JI .I.JJ
PROJECT APPROACH
The following describes our approach to undertaking the Scope of Work as outlined in the City's RFP
TASK I:Administration and Project Management
The City intends to award a two year consulting agreement with an
option to extend up to two,two-year periods.The scope of work
includes a total of nine potential tasks,with various items under each
task.Therefore,it will be important to establish at the beginning of the
engagement a project management system that tracks the progress on
each task,as well as the budget for each task and progress to date.HDR
maintains a robust project management system that includes the
following elements:
•Project Coordination and Communication
•Quality Assurance/Quality Control
•Project Control/Progress Status Monitoring
As Project Director,Michelle Leonard will implement a Project
Management Plan that meets the specific needs of the City and the
engagement.Michelle will have the following primary responsibilities:
•Serve as primary contact with the City and stakeholders;
•
•
•
•
•
•
•
The Projee:t Team is m
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Coordinate and direct the activities of the HDR Project Team members;
Establish and maintain clear lines of communication with HDR staff and with the City;
Monitor and control the Project schedule and budget;
Anticipate potential issues and bring them to timely resolution;
Conduct progress and coordination meetings to make City staff aware of Project progress;
Check that the contractual and technical requirements of the Project are fulfilled,and that the City's
expectations are met and/or exceeded;
Initiate and maintain the quality management and control plan throughout the Project.
HDR understands that communications,externally with our client and internally with the assigned staff,is
essential for project success.We are committed to regular,open communication to keep you well informed
on our progress.
The Project T earn is committed to a project that is not only technically successful,but fiscally responsible as
well.Accordingly,all project expenditures will be tabulated and monitored on a weekly basis by the Project
Director,who will be responsible for taking corrective action on the baseline budget as may be required.
Under this task,HDR will provide general project management,including the following:
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e::.~~cM.:~~~af)d ReCYcling Elem~nt (SRRE),Solid vva$$te Support Services,'lill'Jijil:ijllllf~lf;;illli..:lji~il:;f!JJjJJliJljIIS~'~~~ffji;jJiIJJjp.ljJiJfiJ_}J.jJl'~
1.Attending regular project meetings with the City's Recycling Coordinator,typically quarterly,or
more frequent if necessary.Prepare agendas and provide notes and action items for status meetings.
2.Providing monthly project progress reports,including a description of work completed in the previous
month and pending work in progress.
3.Researching proposed or pending legislation/regulations,and providing analysis to the City on the
potential impacts,and whether the City should support or oppose.
4.Reviewing existing policies and programs and identifying opportunities to expand existing or
implement new policies or programs.
5.Reviewing hauler reports and provide suggested program changes in support of waste reduction
efforts.
6.Monitoring CalRecycle activities,including regulatory updates,workshops,meetings,and local
activities.
7.Verifying annual residential rate adjustments by franchised hauler.This task is typically undertaken in
the spring,following release of the CPI data.The process involves verifying that the haulers used the
correct formula as established in the agreement with the City,and the calculations were done
properly,and the resulting change in rate is in accordance with the contract.
TASK II:Annual AS 939 Report Preparation,LARA Assistance,and Quarterly Tonnage/DRS
Reports Monitoring
LARA
As a charter member of lARA,the City can play an important role in the Agency's organization and ongoing
operations.HDR staff have followed the progress of LARA,have established relationships with the lARA
administrators,and have attended LARA meetings on behalf of RPV and other cities in the past.
For this task,HDR will
1.Update the City specific information items,and assist the lARA with needed information to complete
the electronic Annual Report.
2.Attend lARA meetings on the City's behalf,and provide input on LARA policies and programs.
Quarterly Tonnage/DRS Reports
The DRS reports are compiled by the County and include data from the disposal facilities where haulers have
reported tonnage from the City.For the most part,the majority of waste from RPV has been disposed at the
Puente Hills landfill.Over the years,the Puente Hills landfill has provided the backup information that
identifies what haulers have reported waste from the City.In many instances,haulers have either reported the
wrong city of origin,as a result of their being unaware of the City's boundaries,or they have operated illegally
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in the City.For this reason,it is important to verify the accuracy of the data on a regular basis,in order to
ensure that all reported tonnage originates from RPV.
HDR staff have conducted DRS tracking and reporting for many cities over the past 10 or more years.We
have established relationships with County and disposal facility operators,and have a strong working
knowledge of how the data is compiled and reported.We also are aware of the challenges associated with
illegal haulers and misreported origin data,and have established and implemented a methodology to track,
monitor and correct inaccuracies that has been acceptable to CalRecycle,Los Angeles County,and the
Sanitation Districts.
For this task,HDR will perform the following:
1.Track reports generated through the Disposal Reporting System,and compile a database with the
quarterly information from all reporting disposal sites.
2.Review DRS data and identify potential discrepancies (non-origin waste)using information from
Puente Hills landfill.
3.Notify illegal haulers of need to stop work in City.
TASK III:Public Education and Outreach
HDRstdfhasbeen M
involvedinp.})Ii~.I
mudttloiaa.cfoutteacll ~_iJ
i}:-:x x~HDR staff has been involved in public education and outreach efforts to
support programs in RPV,Lakewood,Irvine and San Gabriel,and have
created materials that are effective in increasing participation,diversion,
and public awareness of the programs.
For this task,HDR will undertake the following:
1.Provide input for the City's on-line newsletter.
2.Design and prepare public outreach items in support of solid waste
and grant programs,including recycling,used oil,composting,and
source reduction programs.
3.Design and implement an outreach campaign for City businesses,targeting large generators and those
that have opportunities to recycle.
4.Work with EDCO and Waste Management to improve outreach and education for RPV schools.
5.Contact businesses to enlist interest in the WRAP,SBBEC or other awards program,and assist
businesses to complete the awards program's applications.
The success of solid waste diversion programs is heavily dependent on the
outreach and education efforts that are utilized to publicize the program.
Studies have shown that in order to sustain interest and involvement in
these programs,regular communication with the intended audience must
be provided.The communications must be consistent,creative,and
constant.
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6.Specify and procure promotional items in support of solid waste and grant programs,with approval
from CalRecycle.
TASK IV:Construction and Demolition «(&0)Recycling
The City has taken an active role in policies and programs that target the
diversion of construction and demolition waste.The City had considered
an ordinance in the past,and although not adopted,the City does require
contractors to certify waste diversion for larger (greater than $100,000
valuation)projects,and for City funded projects,contractors must recycle
to the maximum extent possible.The City has achieved a high degree of
success in the diversion of asphalt and other inert materials from City
projects.Other programs the City has implemented include requiring,as
part of the EIR process,the diversion of the demolition and construction
debris generated from the Marineland/Terranea project.The City also
promotes the use of C&D recycling facilities,and provides an incentive for
commercial haulers to divert this waste through a credit on their AB 939
fees.
HDR staff has been instrumental in the design and implementation of
C&D projects,policies,and programs throughout Southern California.In
addition to hands on experience at Marineland/Terranea and the Great
Park in Irvine,staff members have prepared and implemented ordinances that were adopted in the cities of
Pasadena,Irvine,Long Beach and Baldwin Park,and for many years assisted those cities in tracking the
efficacy of those ordinances.Presently,HDR is conducting a state-wide study on C&D ordinances,gathering
data on the types and quantities of materials that were actually diverted as a result of these ordinances.The
results of the study will be presented at future conferences and workshops.
For this task,HDR will assist the City in the following activities:
1.Review the existing programs,and recommend and implement improvements.
2.Review reports from contractors on public funded projects to identify the types and quantities of
materials that were diverted.
3.Review reports from contractors on private projects,and determine diversion rates as required for their
building and planning permits.
4.Review development projects proposed and final recycling plans,from applicants,developers,and
contactors.We will identify data gaps and deficiencies,and request additional data in order to
determine compliance with the requirements.We will report to the City on the adequacy and
accuracy of the submitted plans and reports,and will conduct site visits as necessaty and as directed by
City staff to evaluate compliance with City codes and regulations.
5.We will also review the C&D policy,and work with staff and the City attorney to determine if there
is a need for a new ordinance,including such issues as revising the diversion goals,reporting
requirements,or other aspects.
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TASK V:Expand City Hall/Park Sites Recycling Program
Over the years,the City has implemented a number of recycling programs at City Hall and park sites,
including a variety of containers and target material types.As material types change in the wastestream,so do
the needs of the City Hall and park site reCycling programs,in order to incorporate materials such as
electronics,batteries,plastics,green waste and food.The programs are in need of ongoing evaluation and
monitoring,to ensure they are capturing the target materials and are aesthetically acceptable in the
community.
For this task,HDR will undertake the following:
1.Evaluate the City hall and park sites recycling and greenwaste programs,and suggest modifications to
increase participation and diversion.
2.Review the work in progress to replace the park site containers,highlight the sites that are completed,
and establish a schedule for completing the replacement of the existing concrete containers.As part of
this task,it is recommended to look into the potential cost savings of purchasing all of the containers
at one time,if possible within the City's budget,and having the containers delivered and installed in
stages.
3.Track the recycling collection at the park sites,to determine if the new containers are effective at
encouraging greater participation.
TASK VI:Expand/Improve Multi-Family Residential Recycling-
Follow up
The City was awarded $37,500 in grant funds from the DOC (now
CalRecycle)to implement or expand multi-family recycling programs at a
number of complexes.The grant included funding for recycling bins,
outreach and education materials,and promotional items.The grant
originally identified five complexes as part of the program,however it was
later concluded that ten complexes could benefit from the program.
According to the cities RFP,the funds have been used to purchase indoor
and outdoor containers for four complexes.
Michelle Leonard assisted in preparing the original grant application for
the City,and therefore is familiar with the program.HDR staff has
worked with other jurisdictions to design and implement multi-family
recycling programs,including those in the cities of Lakewood,Baldwin
Park,and Irvine.
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For this task,HDR will perform the following:
1.Evaluate the work completed to date,and monitor the progress in those participating complexes
2.Work with EDCO and UWS to evaluate the potential to expand the
program.
3.Work with property managers and landscape companies to improve
efforts at existing complexes that are participating in the program.
4.Provide assistance for the grant administration,including preparing
the quarterly and annual reports,and reimbursement requests.
5.Track upcoming grant opportunities,and if available,prepare grant
applications to expand the program to other complexes.
TASK VII:Commercial/Business Sector Recycling
CalRecycle (formerly the California Integrated Waste Management Board)is
charged with developing regulations to implement a mandatory commercial recycling measure.The draft
regulations (December 2009),present the proposed parameters for the mandate.As drafted,jurisdictions will
be required to develop and implement recycling programs for all businesses that generate four cubic yards or
more per week of waste.Although cities with existing programs will meet the intent of the requirement,and
no revision to the Source Reduction and Recycling Element or mandatory ordinance or policy is required,
many cities,including RPV,will be required to track and monitor the progress of business participation,and
to report in the Annual Report on the status of their program.Cities will also be required to implement
outreach and education programs to their business sector.
When CalRecycle conducts their compliance review of the 2012 Annual Report,the determination of a good
faith effort to implement mandatory commercial recycling will most likely include the following criteria:
•Number of businesses participating
Disposal and diversion data
Business monitoring and notification
Extent of outreach and education
•
•
•
A failure to implement can be the basis for a compliance order even if the
jurisdiction exceeds the 50%per capita equivalent (pee)target.
HDR staff has been tracking the Mandatory Commercial Recycling
requirement and regulations on a regular basis,and have presented on this
topic at a number of local and national solid waste conferences.
HDR staffhas been involved in reviewing,expanding,and implementing
cost-effective and beneficial diversion programs for businesses in communities throughout California.Our
experience includes a variety of business types,including supermarkets,offices,and schools,to name a few.
18 I P age
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HDR can assist the City in a number of ways to comply with the Mandatory Commercial Recycling
Requirement:
1.Meet with authorized commercial haulers,review existing business technical assistance program
results,quantify the number of businesses participating,and compile disposal and diversion data.
2.Conduct monitoring of businesses and haulers,and notify the City of those businesses and haulers
that are not participating in recycling programs.
3.Develop and implement effective outreach and education efforts,including an aggressive social
marketing campaign that strives to change the behavior of business owners and operators to increase
participation in commercial recycling.This can include presentations to the Chamber of Commerce
or other local business meetings.
TASK VII:Used Oil Grant and Household Hazardous Waste Program Administration
Tasks specific to this grant include:
1.Preparation of annual report and supporting documentation.
2.Preparation of resolutions and supporting documentation for grant applications,when necessary.
3.Prepare yearly budget for grant program.
4.Obtain approval from CalRecycle grant manager for expenditures.
5.Design and prepare public outreach items in support of grant program.
6.Specify and procure variety of promotional items in support of grant program.
7.Apply for and manage grant funding.
8.Visit Certified Collection Centers at least once per year.
9.Coordinate HHW roundups with LACSD,Certified Collection Centers,and other interested parties.
TASK IX:Miscellaneous
In addition to the tasks outlined above,HDR staff will be available to participate in other solid waste services
as needed,including:
1.Coordinate setup and staffing of community event booths promoting recycling and environmental
programs.
2.Support venues and special events recycling programs.
3.Coordinate Christmas tree recycling program with hauler,LA County Sanitation Districts,and tree
lots.
4.Apply for and manage litter/beverage container and used oil block grant programs
5.Prepare staff reports,Council agenda items or City Manager items,as necessary.
6.Design and prepare public outreach items in support of grant program.
7.Specify and procure variety of promotional items in support of grant program.
8.Apply for and manage grant funding.
9.Prepare yearly budget for grant program.
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Consultant Assistance for the Implementation of Source Reduction
REFERENCES
The following references are provided to the City as examples of public agencies where HDR staff have
provided similar,relevant services.We encourage the City to contact these references for more information on
the services HDR and Michelle Leonard have provided to them.
Name of Client City of San Gabriel
Name of Client City of Lakewood
Name of Client City of Irvine
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COS1~PROPOSAL
A cost proposal has been prepared and provided in a separate sealed packet.The cost proposal includes a
detailed task structure,professional fee schedule,estimated hours by staff,by task and is valid for a period of 2
years from the date submitted.
We anticipate working as an extension of city staff.Therefore,we would anticipate undertaking much of the
work without expending staff time.Staff time will be necessary to review reports,approve programs,policies,
and approve grant applications.
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APP~ENDL,{
Letter of Recommendation
Provided by:
Lisa A.Rapp,Director of Public Works
City of Lakewood,California
tA~~
C'~t'-1{./FOf\~
November 16,2009
To Whom it Concerns:
The City ofLakewood,California (City)worked with Michelle Leonard as the City's
environmental consultant from 2000 through May of2009.During that time,Michelle worked
on a number of projects for the City,including hauler contract negotiations,designing and
implementing recycling programs,and AB 939 compliance monitoring and reporting.
The City was very pleased with the many years of service provided by Michelle;she has proved
to be extremely reliable and efficient.She has completed our projects on time and within budget,
and the final work products have been of the highest quality.
I look forward to working with Michelle in the future,and I gladly recommend Michelle as a
solid waste planning consultant.
Sincerely,
LisaA.Rapp
Director of Public Works
5050 N.Clark Avenue •Lakewood,Califomia 90712 •(562)866-9771
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eXHI8/1 t/A V'
CITY OF RANCHO PALOS VERDES
Implementation of the SRRE,Solid Waste Support Services,and Used Oil Payment Program
HDR ENGINEERING,INC.COST PROPOSAL FOR FY 2011/2012 and FY 201212013
...................0'••••••••.•••0'••.0'•••••0'••••••••0'•.••••'••••0'•••••••••••••••••••••0'•••••
• • • • • • • • • •.0 • . •'0 ••'0 •'0 '0 •..•'0 ..'....-...''0 .'-.'0 "..,'0 .'.,-.'a "0 • -..'.0 '....'0 .."0 ..'.,-...0'..""..... ..-••'......0'• •'0 '0 ..'0 -... .. .. ..'0 ._'0 •.... .. .. ..•
•:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:-:.:.:.:.:.:.:-:.:.:.:.:-:-:.:-:.:.:-:.:.:.:.:-:-:.:H!>u:rs:bi;r~s:k-:·:-:-:.:.:-:-:.:.:-:.:.:.:.:-:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:
.................''0 '0 "0 '0 '0 '0 '.-..,'0 '0 ".'0 "0 '0 ''0 '_.'0 '0 -'0 '••0''0 C'o ..''0 ••-..'••'0 '.'0 '0 ..,'0 '.
• • •.. .. .. ..• • • • •..•.. .. .. ..• • •..•-••-0"'0'..0'0"•••••.••••,••••'•••'-.
:.:.~D~~~~O~~E!--:.:-:.:.:.:.:-:-:.:-:.:.:-:.:-:.:.:.:-:l'.':-:-:z:.:-:.:+:-:.:.:~-:.:.:.:5:-:.:-:.~:.:-:.:.~.:-:.:.:8:-:.:.:.:s :-:.~~:.:.:.:-:.~~9f.h~':~m~~$
Project Director,M.Leonard 20 6 8 8 6 8 8 4 6 74 220 16,280
Senior Technical Advisor,R.Abbe 0 0 2 0 0 2 2 0 2 8 220 1,760
Project Engineer,J.Lao 0 12 18 8 8 8 4 20 8 86 135 11,610
Project Professional,G.Thompson 6 0 0 0 0 8 0 8 4 26 150 3,900
Administrative,S.Helsens II Q Q Q Q Q Q Q Q 13 105 1,365
Total Personnel (Hours):39 18 28 16 14 26 14 32 20 207
Total Personnel Per Task ($):6,665 2,940 4,630 2,840 2,400 4,480 2,740 4,780 3,440 Iroja(pjl~"on;t::.:.:.:$~4;1tl);
*Rates are the same for weekday and weekend days
10-34
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
This Agreement is made and entered into this day of May,2011 by and
between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")and HDR
ENGINEERING,INC.(HDR)(hereafter referred to as "CONSULTANT").
WHEREAS,the City has been actively implementing its Source Reduction and
Recycling Element ("SRRE")since its adoption in 1991,which includes administering the
exclusive residential single-family and multi-family solid waste and recycling contracts and
the non-exclusive commercial solid waste and recycling contracts;and
WHEREAS,the City needs assistance in implementing the SRRE,solid waste
support services and used Oil Payment Program implementation.
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as consultant assistance in the implementation of
SRRE,Solid Waste Support Services,and Used Oil Payment Program FY 11-12 and
FY 12-13.
1.2 Description of Services
CONSULTANT shall assist in the implementation of the SRRE,Solid
Waste Support Services,and Used Oil Payment Program FY 11-12 and FY 12-13,as
described in CITY'S Request For Proposals and Consultant's Proposal,which are
attached hereto as Exhibit "A"and incorporated herein by this reference.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shall perform with due diligence the services requested by the CITY and agreed on by
CONSULTANT.Time is of the essence in this Agreement.CONSULTANT shall not be
responsible for delay,nor shall CONSULTANT be responsible for damages or be in default
or deemed to be in default by reason of strikes,lockouts,accidents,or acts of God,or the
failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's
work promptly,or delay or faulty performance by CITY,other consultants/contractors,or
governmental agencies,or any other delays beyond CONSULTANT's control or without
CONSULTANT's fault.
ARTICLE 2
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COMPENSATION
2.1 Fee
(a)CITY agrees to compensate CONSULTANT a not to exceed amount
of $34,915 for FY 11-12 and $34,915 for FY 12-13 for services as described in ARTICLE 1.
(b)CITY may request additional specified work underthisAgreement.All
such work must be authorized in writing by the Director of Public Works prior to
c·ommencement.CONSULTANT shall be paid for such additional services in accordance
with CONSULTANT's Schedule of Hourly Rates attached hereto as Exhibit "A"and
incorporated herein by reference.
(c)The schedule of hourly rates shall be in effect through the end of this
Agreement or June 30,2013,whichever occurs first.If the CITY and CONSULTANT agree
in writing to renew the Agreement in FY 2013-14 and/or in FY 2015-16,and if
CONSULTANT wishes to rates to be changed in each new term of this Agreement,
CONSULTANT shall provide notice of the new rates in writing to the CITY at least sixty (60)
days prior to the end of the former term.If provided as required in this section,the new
rates shall be substituted for the Schedule of Hourly Rates in Exhibit "A"and shall be in
effect through the end of the term of the Agreement.If new rates are not provided as
required in this section,the current rates shall be in effect through the end of the term of
the Agreement.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
HDR Engineering,Inc.
C/O Ms.Michelle Leonard,V.P.
801 S.Grand Avenue,Ste #500
Los Angeles,CA 90017-4633
Phone:213-239-5800
Fax:213-239-5801
E-mail:Michelle.Leonard@hdrinc.com
2.3 Terms of Compensation
CONSULTANT will submit invoices monthly for the percentage of work
completed in the previous month.CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30)days of receipt of the invoice.CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10)days of the receipt of each invoice.However,
CITY's failure to timely notify CONSULTANT of a disputed amount of claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
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Additionally,in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice.
2.4 Additional Services
CITY may request in writing that CONSULTANT perform additional services
not covered by the specific Scope of Work set forth in this Agreement,and CONSULTANT
shall perform such services and will be paid for such additional services in accordance with
Consultant's Proposal and included Schedule of Hourly Rates attached hereto as Exhibit
"A."
2.5 Term of Agreement:
This Agreement shall commence on July 1,2011 and shall terminate on June
30,2013,unless terminated earlier pursuant to Section 4.1 ofthis Agreement.Additionally,
there shall be two (2)two-year options to renew the Ag reement in FY 2013-2014 and FY
2015-2016 with the mutual written consent of both parties.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT will defend,indemnify and hold harmless CITY and its
officials,officers,employees,agents and volunteers free and harmless from all tort
liability,including liability for claims,suits,actions,expenses or costs of any kind,
whether actual,alleged or threatened,actual attorneys'fees,experts'fees,or court
costs incurred by the CITY,arising out of,pertaining to,or in any way connected with,in
whole or in part,the negligent or reckless acts or omissions or willful misconduct of
CONSULTANT or any of CONSULTANT's officers,agents,employees or contractors in
the performance of this Agreement.This includes but is not limited to claims,suits and
liabilities for bodily injury,death or property damage to any individual or entity,including
officers,agents,employees or contractors of the CONSULTANT.The provisions of this
paragraph shall not apply to claims to the extent arising out of the sole negligence or
willful misconduct of the CITY and its officials,officers,employees,agents and
v.olunteers.
In addition to the foregoing,CONSULTANT shall indemnify,defend and
hold free and harmless the CITY and the CITY's officials,officers,employees,agents
and volunteers from and against any and all losses,liabilities,damages,costs and
expenses,including reasonable attorneys'fees,experts'fees,and costs to the extent
the same are caused by negligence or willful misconduct of the CONSULTANT,or any
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of the CONSULTANT's officials,officers,agents,employees or volunteers,in the
performance of professional services pursuant to this Agreement.
All duties of CONSULTANT under this section shall survive termination of this
Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000) general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement.Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M.Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement,carry,
maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement.Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of AVII or better.If a "claims
made"policy is provided,such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed.Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three (3)years or by a
three-year extended reporting period endorsement,which reinstates all limits for the
extended reporting period.If any such policy and/or policies have a retroactive date,that
date shall be no later than the date of first performance of work or services on behalf of the
CITY.Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars ($1,000,000)per claim and occurrence and
two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person
and $500,000 for property damage arising from one incident.
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3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law.CONSULTANT shall require any subcontractor similarly to provide such
compen.sation insurance for their respective employees.
3.6 Notice of Cancellation
A.All insurance policies shall provide that the insurance coverage shall
not be cancelled by the insurance carrier without thirty (30)days prior written notice to
CITY,or ten (10)days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
B.CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect,CITY may either immediately terminate this Agreement or,if
insurance is available at a reasonable cost,CITY may take out the necessary insurance
and pay,at CONSULTANT's expense,the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability policy shall contain
endorsements naming the CITY,its officers,agents and employees as additional insured.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The insurance policies (other than workers compensation and
professional liability)shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
.(a)This Agreement may be terminated at anytime,with or without cause,
by the CITY upon thirty (30)days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice.Notice shall be deemed served if completed in compliance with
Article 6.13.
(b)In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows:for work satisfactorily done in accordance with
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all of the terms and provisions of this Agreement,CONSULTANT shall be paid an amount
equal to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items;provided,in no event shall the amount of
money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANTforthe full performance of the services described
in Article 2.1.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,photographs,images,video files
and media created or developed by CONSULTANT pursuant to this Agreement ("Written
Products")shall be and remain the property of the CITY without restriction or limitation
upon its use,duplication or dissemination by the CITY.All Written Products shall be
considered "works made for hire,"and all Written Products and any and all intellectual
property rights arising from their creation,including,but not limited to,all copyrights and
other proprietary rights,shall be and remain the property of the CITY without restriction or
limitation upon their use,duplication or dissemination by the CITY.CONSULTANT shall
not obtain or attempt to obtain copyright protection as to any Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists,including computer software,used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend,indemnify and hold the CITY,and its elected officials,officers,
employees,servants,attorneys,designated volunteers,and agents serving as independent
contractors in the role of CITY officials,harmless from any loss,claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal,state
or local laws,or any contractual provisions,or any laws relating to trade names,licenses,
f(anchises,copyrights,patents or other means of protecting intellectual property rights
and/or interests in products or inventions.CONSULTANT shall bear all costs arising from
the use of patented,copyrighted,trade secret or trademarked documents,materials,
equipment,devices or processes in connection with its provision of the services and
Written Products produced under this Agreement.In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined,CONSULTANT,at its expense,
shall:(a)secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction,or by procuring a license or licenses for CITY;
or (b)modify the Written Products and other deliverables so that they become non-
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infringing while remaining in compliance with the requirements of this Agreement.This
covenant shall survive the termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project.If CONSULTANT prepares a document on a computer,CONSULTANT
shall provide CITY with said document both in a printed format and in an electronic format
that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
A CITY representative shall be Director of Public Works or his or her
designee,and a CONSULTANT representative shall be designated by CONSULTANT as
the primary contact person for each party regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48)and the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities Act
of 1992 (42 U.S.C.§11200,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing.CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall be responsible for
their services.
6.4 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
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6.5 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance of this Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b)If any legal action or other proceeding,including action for declaratory
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
~reach,default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
(c)Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANTwas negligent,CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.6 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents and
representatives with respect to any claim,demand or action arising from any unauthorized
assignment.
Notwithstanding the above,CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so.Such persons and entities include,but are not necessarily limited to,surveyors,
specialized consultants,and testing laboratories.CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.7 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons,firms,or
corporations as the CONSULTANTwishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf ofthe
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT shall not,at any
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time or in any manner,represent that it or any of its agents,servants or employees,are in
any manner agents,servants or employees of CITY.CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
and hold the CITY harmless from any and all taxes,assessments,penalties,and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.8 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.9 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or amended,or provisions or
breach may be waived,only by subsequent written agreement signed by both parties.
6.10 Construction
In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.11 Non-Waiver of Terms,Rights and Remedies
Waiver by either party of anyone or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under this
Agreement.In no event shall the making by the CITY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant,or any
default which may then exist on the part of CONSULTANT,and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
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6.12 Severability
If any term or portion of this Agreement is held to be invalid,illegal,or otherwise
unenforceable by a court of competent jurisdiction,the remaining provisions of this
Agreement shall continue in full force and effect.
6.13 Notice
Except as otherwise required by law,any notice,request,direction,demand,
consent,waiver,approval or other communication required or permitted to be given
hereunder shall not be effective unless it is given in writing and shall be delivered (a)in
person or (b)by certified mail,postage prepaid,and addressed to the parties at the
addresses stated below,or at such other address as either party may hereafter notify the
other in writing as aforementioned:
To CITY:
Attn:Lauren Ramezani
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Responsible Person:_Michelle Leonard,VP
HDR Engineering,Inc.
801 S.Grand Avenue,Ste #500
Los Angeles,CA 90017-4633
A party may change its address by giving written notice to the other party.
Thereafter,any notice or other communication shall be addressed and transmitted to the
new address.If sent by mail,any notice,tender,demand,delivery or other communication
shall be deemed effective three (3)business days after it has been deposited in the United
States mail.For purposes of communicating these time frames,weekends and federal,
state,religious,County of Los Angeles or CITY holidays shall be excluded.No
communication via facsimile or electronic mail shall be effective to give any such notice or
other communication hereunder.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_HDR ENGINEERING,INC:.
CONSULTANT
BY:-------------
BY:-------------
Dated:_CITY OF RANCHO PALOS VERDES
A Municipal Corporation
MAYOR
BY:-------------
ATTEST:
CITY CLERK
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Exhibit "A":
Consultant's Proposal and Schedule of Hourly Rates
R6876-0001\1341274v4.doc
w/Lauren/staff report/2011/
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