HomeMy WebLinkAbout06-23-2009 CC Item 10CITY OF
LADE LLSII`IOR E
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JUNE 23, 2009
SUBJECT: NON PROFESSIONAL SERVICES AGREEMENT - KJ SERVICES
ENVIRONMENTAL CONSULTING
Background
Over the last 10 years the City of Lake Elsinore has experienced significant growth
however, the City still has many rural and open space areas. Because these areas are
remote, they often become the dumping grounds for unwanted materials including tires.
As part of the County of Riverside's waste tire collection program, a tire collection event
was held in the City of Lake Elsinore on July 12, 2003; 738 tires were dropped off.
There has not been a tire collection event held in the City since that date.
Discussion
The City's "Waste Tire Amnesty Day" program reintroduces the tire collection program
under the guise of the City. The program will schedule four tire collections over the
course of a year, two in conjunction with the annual Citywide Clean Up events (held in
the Spring and Fall) and two additional stand-alone tire collection events.
CR&R, the City's franchise waste hauler, will provide the transportation and processing
of all tires collected. These collected waste tires will be either reused or recycled. KJ
Services Environmental Consulting will assist the City with the planning of the tire
collection events. In addition, KJ Services will provide event staff, event equipment
(canopies, tables, chairs, and banners) along with the appropriate safety equipment.
Upon completion of each event, KJ Services will provide the City's administrative staff a
complete report describing the number of event participants, number of tires collected,
total scrap tire weight and a description of any problems or significant issues that arose
during the event.
CC June 23, 2009 Item No. 10
Page 1 of 20
KJ Services Environmental Consulting
June 23, 2009
Page 2
FISCAL IMPACT
None. All costs incurred with be paid for through the Local Government Waste Tire
Cleanup and Amnesty Event Grant Program. The City of Lake Elsinore was approved
for $16,600 for use in the fiscal year 2009-10.
RECOMMENDATION
Authorize the City Manager to enter into a contract with KJ Services Environmental
Consulting.
Prepared by: Nicole Fields 4
Engineering Tech II
Ken A. Seumalo
Director of Public Works
Approved by: Robert A. Brady If
City Manager Vim'
CC June 23, 2009 Item No. 10
Page 2 of 20
AGREEMENT FOR JOB ORDER CONTRACTOR/
NON-PROFESSIONAL SERVICES
This Agreement for Job Order Job Order Contractor/Non-Professional Services (the
"Agreement") is made and entered into as of the _ day of 1 2009,
by and between the City of Lake Elsinore, a municipal corporation ("City") and KJ Services
Environmental Consulting ("Contractor").
RECITALS
A. Contractor is specially trained, experienced, and competent to perform the special
services which will be required by this Agreement.
B. Contractor possesses the skill, experience, ability, background, certification, and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Contractorto renderthe services and related work as set forth
in this Agreement.
AGREEMENT
Scope of Services.
a. Contractor shall perform the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Contractor shall provide said
services at the time, place, and in the manner specified in Exhibit A, subject to the direction
of the City through its staff that it may provide from time to time and in such manner as to
minimize inconvenience and potential hazards to the City and the public.
b. Contractor shall furnish all necessary tools, equipment, and vehicles at
Contractors sole expense.
C. Contractor shall provide the City with at least two (2) contact telephone
numbers that can be called by City when emergency maintenance conditions occur.
Contractor shall provide a maximum of one-hour personnel response time upon
notification.
d. Contractor shall require each of its employees and subcontractors to adhere
to basic Parks and Open Space standards of working attire which shall include basic
uniforms, proper shoes and other equipment and gear as is required by State of California
workplace safety regulations. Shirts shall be worn at all times, buttoned and tucked in.
e. Contractor shall display the organization or firm name on all of its vehicles.
Such display shall be legible from a distance to one-hundred (100) feet. In addition,
Contractor shall, at its sole cost and expense, display directly belowthe organization orfirm
CC June 23, 2009 Item No. 10
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name, a magnetic sticker with the following message: "Under contract with the City of Lake
Elsinore," a sample of which shall be provided by City.
2. Time of Performance. The services of Contractor are to commence upon execution
of this Agreement and shall continue for a period of one year and may be extended for two
consecutive one-year extensions upon the approval of the City Manager, subject to the
review of the City Council.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with
the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated
herein by reference. Payment by City underthis Agreement shall not be deemed a waiver
of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall submit monthly billings to City describing the
work performed during the preceding month. Contractor's bills shall include a brief
description of the services performed, the date the services were performed, the number of
hours spent and by whom, and a description of any reimbursable expenditures. City shall
pay Contractor no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City requests that
Contractor perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary but which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Contractor shall not perform, nor
be compensated for, Extra Work without written authorization from the City Manager or
his/her designee unless such work is verbally requested in conjunction with an emergency
maintenance request. Extra work will be invoiced separately from services performed in
accordance with the Scope of Services.
6. Termination. This Agreement maybe terminated by the City or Contractor for cause
upon thirty (30) days' written notice of termination. This contract may be terminated by the
City without cause upon sixty (60) days written notice of termination. Upon termination,
Contractor shall be entitled to compensation for services performed up to the effective date
of termination.
7. Reserved.
8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City for a minimum
period of three (3) years, or for any longer period required by law, from the date of final
payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any
CC June 23, 2009 Item No. 10
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longer period required by law, from the date of termination or completion of this
Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Manager, City Attorney, City Auditor or a
designated representative of these officers. Copies of such documents shall be provided to
the City for inspection at City Hall when it is practical to do so. Otherwise, unless an
alternative is mutually agreed upon, the records shall be available at Contractor's address
indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment ortermination of Contractor's business,
City may, by written request by any of the above-named officers, require that custody of the
records be given to the City and that the records and documents be maintained in City Hall.
Access to such records and documents shall be granted to any party authorized by
Contractor, Contractor's representatives, or Contractor's successor-in-interest.
9. Independent Contractor. It is understood that Contractor, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and shall not act as an agent or employee of the City. Contractor shall obtain no rights to
retirement benefits or other benefits which accrue to City's employees, and Contractor
hereby expressly waives any claim it may have to any such rights.
10. Interests of Contractor. Contractor (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest
in real property and shall not acquire any interest, direct or indirect, in the area covered by
this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor's services
hereunder. Contractor further covenants and represents that in the performance of its
duties hereunder no person having any such interest shall perform any services under this
Agreement.
11. Ability of Contractor. City has relied upon the experience and training of Contractor
to perform the services hereunder as a material inducement to enter into this Agreement.
Contractor shall therefore provide properly skilled personnel to perform all services under
this Agreement. All work performed by Contractor under this Agreement shall be in
accordance with applicable legal requirements and shall meet the standard of quality
ordinarily to be expected of competent contractor in Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally
required of Contractor. Contractor represents and warrants to City that Contractor shall, at
its sole cost and expense, keep in effect or obtain at all times during the term of this
CC June 23, 2009 Item No. 10
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Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor, including but not limited to, a City business license.
14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and
agents free and harmless from any liability whatsoever, including wrongful death, based or
asserted upon act or omission of the Contractor, its employees, subcontractors, and
agents relating to or in anyway connected with the accomplishment of the work or
performance of service under this Agreement. As part of the foregoing indemnity, the
Contractor agrees to protect and defend at Contractor's own expense, including attorney
fees, the City, its offices, agents, and employees in any legal action based upon any such
alleged acts or omission.
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure
and maintain, for the duration of the contract, the following insurance policies,
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of California for
all of the subcontractor's employees. Any notice of cancellation or non-renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the
Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of
not less than one million dollars ($1,000,000) combined single limit for each occurrence.
iv. Contractual Liability Coverage. Contractor shall maintain contractual
liability insurance for protection against claims alleging negligent acts, errors or omissions
which may arise from Contractor's operations under this Agreement, whether such
operations by the Contractor or by its employees or subcontractors. The amount of this
4 CC June 23, 2009 Item No. 10
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insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual
aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
i The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to liability arising out
of work performed by or on behalf of the Contractor, including materials, parts or
equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City,
its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected
or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees,
agents, or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice has
been received by the City.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Contractor
shall demonstrate financial capability for payment of such deductibles or self-insured
retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein,
unless such insurance, endorsements and/or certificates are otherwise waived by the
Director of Administrative Services. Certificates of such insurance shall be filed with the
City on or before commencement of performance of this Agreement. Current certification of
insurance shall be kept on file with the City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be
CC June 23, 2009 Item No. 10
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addressed to the other party at the address set forth below. Notice shall be deemed
communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: KJ Services Environmental Consulting
Attn: Kevin Sales
9020 Hornby Ave
Whittier, CA 90603
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation,
experience and competence of Contractor. Contractor shall be fully responsible to City for
all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
obligations of the Contractor under this Agreement will be permitted only with the express
consent of the City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of the City. If City
consents to such subcontract, Contractor shall be fully responsible to City for all acts or
omissions of those subcontractors. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of the City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severabilitv. 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.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this
Agreement shall be held exclusively in a state court in the County of Riverside.
6 CC June 23, 2009 Item No. 10
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23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the
prevailing party shall be entitled to recover its reasonable litigation expenses, including
court costs, expert witness fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation priorto commencing litigation. The parties
shall mutually agree upon the mediator and share the costs of mediation equally. It the
parties are unable to agree upon a mediator, the dispute shall be submitted to
JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties
with the names of five qualified mediators. Each party shall have the option to strike two of
the five mediators selected by JAMS and thereafter the mediator remaining shall hear the
dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which
shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving
this Agreement, it shall not be necessary to produce or account for more than one such
counterpart.
26. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party
warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and to bind each respective party.
27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for
Contractor, to solicitor secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any shall have any financial or
other person interest, direct or indirect, in this Agreement, or obtain any present or
anticipated benefit arising therefrom.
28. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
CC June 23, 2009 Item No. 10
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IN WITNESS WHEREOF the parties have caused this Agreement to be executed
on the date first written above.
CITY OF LAKE ELSINORE: CONTRACTOR:
KJ Services Environmental
Consulting
By:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CC June 23, 2009 Item No. 10
Page 10 of 20
Attachments: Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers' Compensation
Insurance
CC June 23, 2009 Item No. 10
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EXHIBIT "A"
SCOPE OF SERVICES
1.
CC June 23, 2009 Item No. 10
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KIServices
ENVIRONMENTAL
CONSULTING
RECYCLING PROGRAd1 DESIGN • PUBLIC EDUCATION & OUTREACH GRANT EY
April 27, 2009
RniNC & ADMINISTRATION • AB939 ~.VPL6U LA'LV lo.v & CO.ItfunnCl:
Ms. Nicole Fields
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Ms. Fields,
It is with great pleasure that KJServices Environmental Consulting (KJS) submits the
following Scope of Work for the City of Lake Elsinore's Waste Tire Amnesty Day
program. The tasks outlined in the Scope are based on KJServices previous prepared
Amnesty Day grant application that was submitted to the Waste Board in January of this
year.
Thank you for this opportunity to submit the following Scope of Work.
9020 Homby Ave., Whittier, California 90603 ph (562) 944-4766 fax (562) 944-3267 email KIServ@aol.com
CC June 23, 2009 Item No. 10
Page 13 of 20
Tire Amnesty Day Program Scope of Work
TASK #1 -WASTE TIRE COLLECTION AMNESTY DAY EVENTS
The Lake Elsinore Waste Tire Amnesty Day program will enable the City to collect
waste tires four times a year, at their two annual Clean Up Day events (held each
Spring and Fall) and at two additional stand-alone tire collection events. The Amnesty
Day events will be tentatively scheduled for October 2009, February 2010, April 2010,
and June 2010.
Each of these events will be advertised to all City residents, The City through
newspaper ads, flyers, the City's newsletter, Internet web site, City cable access
channels, and recycling hotline or city info phone numbers will advertise the Amnesty
Days collection events. KJServices Environmental Consulting will not be responsible
for providing any collection event advertising.
The events will collect waste tires (up to 9 without written LEA approval, 20 tires with
written approval) from residents who may have had them stored in their garages or on
their property. In addition, these events will be used to collect any waste tires that
may have been abandoned in empty lots, public property, alleys or along street and
railroad rights-of-way, and particularly tires that have been abandoned on private
property in any area of the City.
The goal of the Amnesty Day events is to provide a convenient collection opportunity
for residents to dispose of any waste tires they have in their possession. In addition,
the collection events will be open to rental property owners who may have waste tires
that were left on their properties by former tenants. Residents will be limited to a
maximum of nine (9) waste tires, as this is the maximum allowed for transport without
a tire-hauling permit. Loads of up to 20 tires will be allowed with written authorization
received, in advance, from the Local Enforcement Agency. Loads of over nine (9)
tires received without written authorization from the LEA will be accepted, however the
residents bringing in those loads will be reported to the CIWMB on an Unregistered
Hauler and Comprehensive Trip Log Substitution Form. All participants at the
Amnesty Day events will be asked to show I.D. proving that they live in Lake Elsinore.
Rental property owners who live outside the city but own rental property in the City will
be asked to show a copy of a utility bill showing a Lake Elsinore address to participate
in the collection event. The City expects that it may receive tires from residents of
adjoining cities and surrounding unincorporated County area. A first load of tires from
outside the City will be accepted in order to prevent the potential of illegal dumping if
the loads are turned away at the event. However non Lake Elsinore residents or
property owners will be told that they cannot bring any additional tires to the event.
The Amnesty Day events will be held on Saturdays with their hours of operation to be
determined. For the two events to be held in conjunction with the City's existing Clean
Up Days, the tire collection will probably operate during the same hours, currently 7am
until fpm.
CC June 23, 2009 Item No. 10
Page 14 of 20
CR&R Disposal will handle the hauling and processing of the collected waste tires.
CR&R will provide four 40-yard roll-off containers for each event (sufficient capacity for
between 1,000 and 1,200 tires). Upon completion of each event CR&R will pick-up
the filled roll-offs and transport them to a registered waste tire facility for processing.
All collected waste tires will be either reused or recycled.
KJServices Environmental Consulting will assist the City with the planning of each
event including date selection and event location. Additionally KJServices will provide
all event staff, event equipment (such as canopies, tables and chairs, banners, and
traffic control, along with appropriate safety equipment for all event staff.
At the completion of each event KJServices will ensure that appropriate waste tire
manifests are completed and signed by the City and will provide a complete report to
the City describing the number of event participants, basic demographic information
for the participants including gender, approximate age, and home zip code.
Additionally the report will include the number of tires collected, total scrap tire weight,
and a description of any problems or significant issues that arose at the event. This
report will be provided to the City within 5 working days of the event.
COST - $4,150 PER COLLECTION EVENT
KJServices - 23.12hts @ $801hr = $1,850
CR&R Disposal - $2,300
• Four 40-yard roll-offs @ $350 each
• 15 tons of waste tires @ $60 per ton
CC June 23, 2009 Item No. 10
Page 15 of 20
EXHIBIT "B"
SCHEDULE OF CHARGES
1.
CC June 23, 2009 Item No. 10
Page 16 of 20
&F ew
JerviceS
ENVIRONMENTAL
CONSULTING
REQ'CUN'G PROGRAM DESIGN • PUBLIC EDUCATION & OUTREACH • GRANT WRITING A AD.WUSTRATION • A6939 kIPLUIENTAVON & COTIPUANCE
April 27, 2009
Ms. Nicole Fields
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Ms. Fields,
It is with great pleasure that KJServices Environmental Consulting (KJS) submits the
following Scope of Work for the City of Lake Elsinore's Waste Tire Amnesty Day
program. The tasks outlined in the Scope are based on KJServices previous prepared
Amnesty Day grant application that was submitted to the Waste Board in January of this
year.
Thank you for this opportunity to submit the following Scope of Work
9020 Hornby Ave., Whiltier, California 90603 ph (562) 944-4766 fax (562) 944-i26Un2 G K lU a Iteml IVO. 10
GG J Page 17 of 20
Tire Amnesty Day Program Scone of Work
TASK #1 -WASTE TIRE COLLECTION AMNESTY DAY EVENTS
The Lake Elsinore Waste Tire Amnesty Day program will enable the City to collect
waste tires four times a year, at their two annual Clean Up Day events (held each
Spring and Fall) and at two additional stand-alone tire collection events. The Amnesty
Day events will be tentatively scheduled for October 2009, February 2010, April 2010,
and June 2010.
Each of these events will be advertised to all City residents. The City through
newspaper ads, flyers, the City's newsletter, Internet web site, City cable access
channels, and recycling hotline or city info phone numbers will advertise the Amnesty
Days collection events. KJServices Environmental Consulting will not be responsible
for providing any collection event advertising.
The events will collect waste tires (up to 9 without written LEA approval, 20 tires with
written approval) from residents who may have had them stored in their garages or on
their property. In addition, these events will be used to collect any waste tires that
may have been abandoned in empty lots, public property, alleys or along street and
railroad rights-of-way, and particularly tires that have been abandoned on private
property in any area of the City.
The goal of the Amnesty Day events is to provide a convenient collection opportunity
for residents to dispose of any waste tires they have in their possession. In addition,
the collection events will be open to rental property owners who may have waste tires
that were left on their properties by former tenants. Residents will be limited to a
maximum of nine (9) waste tires, as this is the maximum allowed for transport without
a tire-hauling permit. Loads of up to 20 tires will be allowed with written authorization
received, in advance, from the Local Enforcement Agency. Loads of over nine (9)
tires received without written authorization from the LEA will be accepted, however the
residents bringing in those loads will be reported to the CIWMB on an Unregistered
Hauler and Comprehensive Trip Log Substitution Form. All participants at the
Amnesty Day events will be asked to show I.D. proving that they live in Lake Elsinore.
Rental property owners who live outside the city but own rental property in the City will
be asked to show a copy of a utility bill showing a Lake Elsinore address to participate
in the collection event. The City expects that it may receive tires from residents of
adjoining cities and surrounding unincorporated County area. A first load of tires from
outside the City will be accepted in order to prevent the potential of illegal dumping if
the loads are turned away at the event. However non Lake Elsinore residents or
property owners will be told that they cannot bring any additional tires to the event.
The Amnesty Day events will be held on Saturdays with their hours of operation to be
determined. For the two events to be held in conjunction with the City's existing Clean
Up Days, the tire collection will probably operate during the same hours, currently lam
until 1 pm.
CC June 23, 2009 Item No. 10
Page 18 of 20
CR&R Disposal will handle the hauling and processing of the collected waste tires.
CR&R will provide four 40-yard roll-off containers for each event (sufficient capacity for
between 1,000 and 1,200 tires). Upon completion of each event CR&R will pick-up
the filled roll-offs and transport them to a registered waste tire facility for processing.
All collected waste tires will be either reused or recycled.
KJServices Environmental Consulting will assist the City with the planning of each
event including date selection and event location. Additionally KJServices will provide
all event staff, event equipment (such as canopies, tables and chairs, banners, and
traffic control, along with appropriate safety equipment for all event staff.
At the completion of each event KJServices will ensure that appropriate waste tire
manifests are completed and signed by the City and will provide a complete report to
the City describing the number of event participants, basic demographic information
for the participants including gender, approximate age, and home zip code.
Additionally the report will include the number of tires collected, total scrap tire weight,
and a description of any problems or significant issues that arose at the event. This
report will be provided to the City within 5 working days of the event.
COST - $4.150 PER COLLECTION EVENT
KJServices - 23.12hrs @ $80/hr $1,850
CR&R Disposal - $2,300
Four 40-yard roll-offs @ $350 each
• 15 tons of waste tires @ $60 per ton
CC June 23, 2009 Item No. 10
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EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is
entered into, I shall not employ any person in any manner so as to become subject to
the Workers' Compensation Laws of the State of California
Executed on this day of 200_ at
California.
Contractor
CC June 23, 2009 Item No. 10
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