Agreement - Michael Balliet - 2020-12-01AGREEMENT FOR CONSULTANT SERVICES
Michael Balliet Consulting, LLC
Solid Waste Agreement Performance Audit, SB 1383 Compliance Analysis and
Implementation Plan Development
This Agreement ("AGREEMENT") is made and effective as of December 1, 2020,
between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and Michael
Ballet Consulting, LLC., a California limited liability company ("CONSULANT"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
V-Mm--
WHEREAS, on October 21, 2020, the District solicited bids from qualified firms t*
conduct a solid waste agreement performance audit, SB 1383 compliance analysis and
implementation plan development; and
WHEREAS, the District desires to hire the services,of a qualified consultant who
has experience performing solid waste agreement audits and SB 1383 compliance
analysis in California; and
WHEREAS, the DISTRICT has determined that the CONSULTANT possesses the
professional -skills and ability to provide said services for the DISTRICT;
1. TERM
This Agreement shall commence on December 1, 2020 and shall remain and
continue in effect until tasks described herein are completed as stated in the proposal
dated November 10, 2020, unless sooner terminated pursuant to the provisions of this
Agreement.
2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full. CONSULTANT shall
complete the tasks according to the schedule of performance which is also set forth in
Eyhibit A.
CONSULTANT shall, at all time, faithfully, competently, and to the best of
his/her/its ability, experience, and talent perform all tasks described herein.
CONSULTANT shall employ, at a minimum, ggenerally accepted standards and practices
utilized by persons engaged in providinsimilar services as are required of
CONSULTANT hereunder in meeting its obligations under this AGREEMENT.
4. DISTRICT MANAGEMENT
The General Manager shall represent DISTRICT in all matters pertaining to the
administration of this AGREEMENT, including review and approval of all products
submitted by CONSULTANT. Notwithstanding the foregoing, the General Manager's
authority to enlarge the tasks to be perfbrmed or change CONSULTANT's compensation
is subject to Section 5 hereof.
S. PAYMENT
(a) The DISTRICT, upon presentation of an invoice, agrees to pay the
CONSULTANT Nineteen Thousand Four Hundred Twenty -Five dollars ($19,425) for the
total term of the AGREEMENT [in accordance with Exhibit A, attached hereto and
incorporated herein by reference OR upon completion of the task]. No other expenditures
made by CONSULTANT shall be reimbursed by DISTRICT.
(b) ',CONSULTANT shall not be compensated for any services rendered in
connection with its performance of this AGREEMENT that are in addition to those set
forth herein, unless such additional services are requested in a written change order and
are approved in advance and in writing by DISTRICT. The written change order
requirement canna be waived. The General Manager may approve change orders for
additional work not to exceed the cumulative value of ten percent (10%) of the total
contract sum. Any additional work in excess of this cumulative amount shall be approved
by the Board of Directors.
(c) CONSULTANT will submit invoices upon task completion unless otherwise
agreed. Payment shal) be made within thirty (30) days of receipt of each invoice as to all
non-disp4ted fees. If DISTRICT disputes any of CONSULTANT's fees, DISTRICT shall
give written notice to CONSULTANT within thirty (30) days of receipt of.an invoice of any
disputed fees contained in the invoice,
(a) The DISTRICT may, at any time, for any reason, with or without cause,
suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the
CONSULTANT written notice. Upon receipt of said notice, the CONSULTANT shall
immediately cease all work under this AGREEMENT, unless the notice provides
otherwise. If the DISTRICT suspends or terminates a portion of this AGREEMENT, such
N
suspension or termination shall not make void or invalidate the remainder of this
AGREEMENT.
(b) In the event this AGREEMENT is terminated pursuant to this Section, the
DISTRICT shall pay to CONSULTANT the actual value of the work performed up to the
time of termination, provided that the work performed is of value to the DISTRICT.
CONSULTANT shall immediately turn over all work -product to DISTRICT in a readily
usable form. Upon termination ' of the AGREEMENT pursuant to this Section, the
CONSULTANT will submit an invoice to the DISTRICT pursuant to Section 5.
7. DEFAULT UE CONSULTANT
(a) The CONSULTANT's failure to comply with the provisions of this
AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for
cause under the terms of this AGREEMENT, DISTRICT shall have no obligation or duty
to continue compensating CONSULTANT for any work performed after the date of default
and can terminate this AGREEMENT immediately by written notice to the CONSULTANT.
If such failure by the CONSULTANT to make progress. in the performance of worts
hereunder arises out of causes beyond the CONSULTANT's control, and without fault of
negligence of the CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set
forth in subparagraph (a), if the District Manager or his/her delegate determines that the
CONSULTANT is in default in the performance of any of the terms or conditions of this
AGREEMENT, he/she may in his/her discretion cause to be served upon the
CONSULTANT a written notice of the default and demand to cure. The CONSULTANT
shall have ten (1010ays after service upon it of said notice to cure the default by rendering
a satisfactory performance. In the event that the CONSULTANT fails to cure its default
within such period of time, the DISTRICT shall have the right, notwithstanding any other
provision of this AGREEMENT, to terminate this AGREEMENT without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or under
this AGREEMENT.
8. O) VNERSNIP OF,DQCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect
to the professional services required by this AGREEMENT and will produce the work
product specified in Exhibit A and other such information required by DISTRICT that relate
to the performance of services under this AGREEMENT. CONSULTANT shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible.
CONSULTANT shall provide free access to the representatives of DISTRICT or its
designees at reasonable times to such books and records; shall give DISTRICT the right
to examine and audit said books and records; shall permit DISTRICT to make transcripts
3
therefrom as necessary; and shall allow inspection of all work, data, documents,
proceedings, and activities related to this AGREEMENT. Such records, together with
supporting documents, shall be maintained for a period of three (3) years after receipt of
final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT, all work
product reduced to any medium and other documents prepared in the course of providing
the services to be performed pursuant to this AGREEMENT shall become the sole
property of the DISTRICT and may be used, reused, or otherwise disposed of by the
DISTRICT without the permission of the CONSULTANT. With respect to computer files,
CONSULTANT shall make available to the DISTRICT, at the CONSULTANT's office and
upon reasonable written request by the DISTRICT, the necessary computer software and
hardware for purposes ofaccessing,compiling,transferring,and printing computer
Said software and hardware shall be made available to DISTRICT at CONSULTANT's
Indemnification
Professional r tilily. When the r establisheslishes
professional stan#r # of r • aservices,permitted
by indemnify,protect, defend, ! hold harmless DISTRICT
• any and of its officials, employees,and agents fromand against any and all losses,
liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent
the same arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONSULTANT, its officers,#ents, employees, or t CONSULTANT s
(or any entity or # t bear the legalliabilitythereof)
performance of professional services under this AGREEMENT.
! Indemnificationfor • #Liability.
performance of . professional services and to the fullest extent permitted by law,
CONSULTANT shall indemnify, defend, and hold harmless DISTRICT and any and all of
its employees, officials,andagents• #againstliability (including liability #
expertclaims, spits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or
threatened, including attorney's fees and costs, court costs, interest, defense costs, and
fees), where the same arise out ! pertain consequence
t
• are in any way attributable # whole or in part, performance of
AGREEMENT by CONSULTANT or by any individual or for CONSULTANT
is legally liable, including, but # limited # officers, agent, employees, #
CONSULTANTof
12
10. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this
AGREEMENT insurance coverage as specified in Exhibit B attached to and made part of
this AGREEMENT.
13. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure has
been used against or in concert with any officer or employee of the DISTRICT in
connection with the award, terms, or implementation of this AGREEMENT, including any
method of coercion, confidential financial arrangement, or financial inducement. No officer
or employee of the DISTRICT will receive compensation, directly or indirectly, from
CONSULTANT or from any officer, employee, or agent of CONSULTANT in connection
P
with the award of this AGREEMENT or any work to be conducted as a result of this
AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT
entitling the DISTRICT to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of DISTRICT, or their designees or agents, and
no public official who exercises authority over or has responsibilities with respect to the
project during his/her tenure or for one year thereafter shall have any interest, direct or
indirect, in any agreement or sub -agreement, or the proceeds thereof, for work to be
performed in connection with the project performed under this AGREEMENT.
15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in the performance of this
AGREEMENT shall be considered confidential and shall not be released by
CONSULTANT without DISTRICT's prior written authorization. CONSULTANT and its
officers, employees, agents, or sub CONSULTANT s shall not, without written
authorization from the General Manager or unless requested by the District Counsel,
voluntahly provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this
AGREEMENT or relating to any project or property located within the DISTRICT.
Response to a subpoena or court order shall not be considered "voluntary" provided
'CONSULTANT gives DISTRICT notice of such court order or subpoena.
w -.
(b) CONSULTANT shall promptly notify DISTRICT should CONSULTANT or its
officers, employees, agents, or sub CONSULTANT s be served with any summons,
complaint, subpoena, notice of deposition, request for documents, interrogatories,
requests for admissions, or other discovery request, court order, or subpoena from any
person or party regarding this AGREEMENT or the work performed thereunder or with
respect to any projector property located within the DISTRICT. DISTRICT retains the
right, but has no obligation, to represent CONSULTANT and/or be present at any
deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with
DISTRICT and to provide the opportunity to review any response to discovery requests
provided by CONSULTANT. However, DISTRICTs right to review any such response
does not imply or mean that DISTRICT has a right to control, direct, or rewrite said
response.
(c) CONSULTANT covenants that neither he/she/it nor any officer or principal
of their firm have any interest in, or shall acquire any interest, directly or indirectly, which
will conflict in any manner or degree with the performance of their services hereunder.
CONSULTANT further covenants that in the performance of this AGREEMENT, no
person having such interest shall be employed by it/them as an officer, employee, agent,
or sub CONSULTANT. CONSULTANT further covenants that CONSULTANT has not
1.1
contracted with nor is pertbrming any services, directly or indirectly, with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the
DISTRICT or the study area and further covenants and agrees that CONSULTANT and/or
its sub CONSULTANT s shall provide no service or enter into any agreement or
agreements with alany developer(s) and/or property owner(s) and/or firm(s) and/or
partner'ship(s) owning property in the DISTRICT or the study area prior to the completion
of the work under this AGREEMENT.
16. NOTICES
Any notices which either party may desire to give to the other party under this
AGREEMENT must be in writing and may be given by: (i) personal service, (ii) delivery
by a reputable document delivery service, such as, but not limited to, Federal Express,
which provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may later
designate by notice:
To DISTRICT: Costa Mesa Sanitary District
290 Paularino Ave
Costa Mesa, California 92626
Attn: Nabila Guzman, Management Analyst I
To CONSULTANT: Michael Balliet Consulting, LLC
30181 Outpost Road
San Juan Capistrano, CA 92675
Attn: Michael Balliet, President
1j. - ASSIGNLRENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor
9-ny part.thereof, nor any monies due hereunder, without prior written consent of the
DISTRICT.
18. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full
force and effectall licenses required of it by law for the performance of the services
described in this AGREEMENT.
DISTRICT and CONSULTANT understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation
concerning this AGREEMENT shall take place in the superior or federal district court with
jurisdiction over the DISTRICT.
20. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating
to the obligations of the parties described in this AGREEMENT. All prior or
contemporaneous agreements, understandings, representations, and statements, oral or
written, are merged into this AGREEMENT and shall be of no further force or effect. Each
party is entering into this AGREEMENT based solely upon the representations set forth
herein and upon each party's own independent investigation of any and all facts such
party deems material.
CONSULTANT is bound by the contents of Exhibit A, hereto and incorporated
herein by this reference. In the event of conflict, the requirements of DISTRICTS Request
for Proposals and this AGREEMENT shall take precedence over those contained in the
CONSULTANT's proposals.
22. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and
signed by authorized representatives of the parties hereto. This written modification
requirement cannot be,,waived.
23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT
warrant(s) and represent(s) that he/she/they has/have the authority to execute this
AGREEMENT on behalf of the CONSULTANT and has/have the authority to bind
CONSULTANT to the performance of its obligations hereunder.
0
24. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other
document, including any proposal or Exhibit hereto, this AGREEMENT shall control
unless a contrary intent is clearly stated.
26. BUSINESS LICENSE
CONSULTANT shall obtain a business license from the City of Costa Mesa unless
legally exempt.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed this day and year first above written.
COSTA MESA SANITARY DISTRICT
bikt-h-c--rt Cie-rk V
NJ
Michael Balliet Consulting, LLC
CONSULTANT
ignature
11m,ali!
We
Title
EXHIBIT A
5 - Detailed Work Plan
We project work to proceed on two fronts simultaneously as the CMSD must address SB 1383
and adopt any changes to current efforts prior to January 1, 2022. Therefore we will break
the work plan into "performance" (more traditional review items) and "SB 1383 compliance"
sections.
Performance Review
Within the performance review structure are four (4) distinct areas of review or tasks. Listed
below are these tasks, including identification of which CMSD established review areas (from
the RFP list) are addressed therein:
Task 1- Financial and Accounting Review (# 1, 2, 6, 13, 14)
The financial and accounting review component assesses the contractor's accounting system
and its relationship to operations, systems, and compliance areas with respect to inventory,
revenue and receipts tracking, reporting, and the provision of financial assurances and
protections required by the agreement.
Incorporated within this financial review is an assessment of Contractor efficiencies with
respect to internal costs and related controls, rates for service, and general profitability of
operations. As in most agreements the CMSD established rate structure separates service
and disposal into the two primary rate components (called "occupancy/collection" and
"MRF"). The various sub -components therein, and their cost basis and percentage within the
total rate must be established and compared to industry standards. This step is not only
beneficial to the performance audit but also provides the CMSD with a useful methodology
to assess future rate increase requests.
Specific to rate "reasonability" we will first establish both regular and ancillary services
provided under or generally attributable to both specific rates and general rate categories.
Basically what the CMSD's customers are paying for and receiving as benefits from the
existing rate structure, as well as the performance (i.e. diversion rates achieved) and
sustainability of existing programs. Finally a value must be placed upon the scalability of
existing programs and the Contractor's ability to efficiently increase diversion rates to the
75% State goal level.
From that point CMSD rates and system costs/efficiencies are compared to other Contractor
franchises as well as the franchise rates and operations of other service providers. This
review will not only provide rate comparisons but will also establish "value received".
With respect to area rate surveys we will employ an approach that we believe is far more
instructive than those provided by other firms. Our review establishes a net -to -hauler
compensation figure that removes all franchise fees or required payments to contract
administrators. From that point we also establish industry standard costs for the provision
1
Costa Mesa Sanitary District RFP of 10-21-2020
of the specific programs provided. The resulting operational margin is the true measurement
standard the CMSD should use to assess rate efficiencies.
Within Orange County franchise fees range from 5% to 25%, with some
jurisdictions/districts assessing additional fees or requiring free or discounted services. This
cost impact must be factored and removed from rates to provide the possibility of an "apples -
to -apples" comparison. Our next step is just as vital, which is the cost of service factor. Our
proprietary approach establishes the costs and efficiencies of not only collection systems (2
cart commingled versus 3 cart source separated) but also the post collection separation
technology. This will not only allow us to correctly establish operational margins across the
survey group, but will also highlight technologies and efficiencies the CMSD may wish to have
the Contractor employ in the future.
Our task specific report will note areas of compliance, areas of concern, and areas of non-
compliance. Where applicable we will suggest remedies or recommendations.
Task 1 Hours: 30
Task 2 - Operational Review (# 3,11, 12, 15, 16, 17, 26)
Concurrent to the financial review we will also begin the process of assessing the equipment
and procedures used in the collection, processing, and destination delivery for all material
under the franchise agreement. Container, vehicle, routing, and facility utilization
compliance, as established within the agreement will be compared to Contractor operations
and industry standards. In addition to CMSD review items we will also assess route
efficiencies, collection volumes/weights, and compliance with safety and transportation
standards. We will also establish the age and remaining service life for all vehicles and
equipment, and assess the Contractor's replacement and ongoing maintenance schedules.
Both Contractor records reviews and field observations will be employed to gather
necessary data to complete this section of the performance review.
Our task specific report will note areas of compliance, areas of concern, and areas of non-
compliance. Where applicable we will suggest remedies or recommendations, including how
to ensure AB 1594 compliance.
Task 2 Hours: 40
Task 3 - Administration & Systems Review (# 7, 18, 19, 28, 21, 22, 23, 25)
Management and staff level personnel, their tasks and responsibilities within the franchise,
and the compliance systems employed will be established and compared to both agreement
terms and industry standards. In addition we will confirm that general employment
practices are in compliance with franchise agreement terms or note any discrepancies
encountered.
Non -collection management and staff, primarily customer service and MRF operation
2
Costa Mesa Sanitary District RFP of 1.0-21-2020
personnel, as well as the internal systems employed will be reviewed for compliance with
specific agreement requirements. Policies and procedures will also be outlined and assessed
to determine performance related to industry standards. Call volumes, complaint logs and
resolution, sample sorting and data reporting, and material market -prep and sales methods
will all be evaluated under this task.
Non -financial data creation, compilation, and reporting will be assessed for accuracy and
figures obtained through the audit process will be compared to figures previously reported
to the CMSD. We will perform all CMSD requested tasks along with a general organizational
review and department -by -department assessment.
Our task specific report will note areas of compliance, areas of concern, and areas of non-
compliance. Where applicable we will suggest remedies or recommendations.
Task 3 Hours: 10
Task 4 - Compliance Review (# 4, 5, 8, 9, 10, 24)
We will review the franchise agreement, with specific emphasis on the CMSD task areas
specified, and note any additional areas of concern and potential review to subsequently
discuss with CMSD staff. Much of the "most favorable rate" calculations will be performed
under Task 1. However specifically determining compliance and discussing CMSD options
(both now and in the future) will be performed within this task.
We will review all required facility agreements, and generally assess their quality and
sustainability. If applicable we will compare those agreement terms and relative facility
performance to other options the CMSD may wish the Contractor to consider.
This task will also assess compliance with regards to public education and outreach, as well
as other general compliance areas not addressed in other tasks.
Our task specific report will note areas of compliance, areas of concern, and areas of non-
compliance. Where applicable we will suggest remedies or recommendations.
Task 4 Hours: 20
SB 1383 Compliance
Task 5 - SB 1383 Compliance (# 27128, 29, 30, and 31
General and specific regulations are provided in this review as a benchmark to current and
potential activities. What areas of the SB 1383 regulations apply specifically to the CMSD?
What regulations create a shared responsibility and opportunities for shared solutions with
partner -jurisdictions? There are also regulations that do not apply to the CMSUs franchise
and oversight. We will clearly identify and explain each, along with compliance alternatives
3
Costa Mesa Sanitary District RFP of 10-21-2020
under this task.
Task 5 Hours: 60
Task 6 - Project Administration (General Project/Task Admin. & # 32)
General project hours related to meeting with CMSD staff and the preparation of progress
reports and the final report are allocated to this task. We pride ourselves on developing
dialogue with our clients and keeping them abreast of all project activities through progress
reports, phone and email contact, and in person meetings. We also provide draft versions of
the reports we develop and go over the findings and areas reviewed with the client to ensure
all objectives are met and that they are happy with the final work product.
Task 6 Hours: 25
Suggested Timeline
December 1st
- Contract Award. Begin detailed review of agreement.
December 7th
- Project kick-off. Discuss agreement review and finalize notice.
December 11th
- Initial hauler contact and data request.
December 21st
- First onsite fieldwork in Stanton. Data compilation.
Dec 22nd - Jan 4th
- Data review & work on Tasks 1 - 4 completion.
Dec 22nd - Jan 4th
- SB 1383 review.
January 5th
- Provide initial SB 1383 list and assessment to CMSD staff.
January 11th
- Second onsite fieldwork in Stanton.
January 121h
- SB 1383 Plan meeting #1 to discuss recommendations
January 12th -191h
- Complete Tasks 1, 2, 3 and 4.
January 25th - 29th
- Review Task 1-4 findings with CUR and CMSD.
Jan 29th- Feb 12th
- Meetings with CMSD on SB 1383. Finalize draft plan.
February 1st - 15th
- Finalize project report on Tasks 1-4.
February 16th - 26th
- Finalize SB 1383 plan and incorporate into overall project report.
March 1st- 31st
- Submit final report. Schedule and make presentations.
We will notify and schedule our review of CR&R's current compliance after our initial review
of the agreement and kick-off meeting with CMSD staff. We will also schedule and conduct
meetings with CMSD staff on SB 1383 compliance efforts throughout the four (4) month
project period. We believe two onsite periods (during the weeks identified above) will be
sufficient base on past experience with CR&R reviews. SB 1383 tasks require more interface
with CMSD on current efforts, local jurisdiction programs, and strategic decisions that impact
service provision and monitoring. Therefore the extended time period for SB 1383 related
activity. Completion of Tasks 1 through 4, including discussions of findings with CR&R and
the CMSD will be completed in January. In February we will finalize the report so
presentations can be schedule in March.
4
Costa Mesa Sanitary District RFP of 1.0-21-2020 -- _--
6 - Cost Proposal
Our cost proposal includes the discounted billing rate of $105 per -hour, which we have
offered to the CMSD for the past seven years. The projected hours from the detailed work
plan are the basis for the project budget shown below:
Task 1
Financial & Accounting Review
30 hours
Task 2
Operational Review
40 hours
Task 3
Administration & Systems Review
10 hours
Task 4
Compliance Review
20 hours
Task 5
SB 1383 Review
60 hours
Task 6
Project Administration
25 hours
Project Summary
All Tasks 185 hours @ $105 (discounted rate) _ $19,425
7 - Distinguishing Characteristics
Our firm has performed the majority of review tasks requested in the RFP for the past several
years. We have been the consultants for the City of Costa Mesa since 1992. We are currently
working with both the City of Newport Beach and the County of Orange. We have been
auditing waste hauler operations/accounting/compliance and developing compliance
programs for local jurisdictions since 1991.
5
Costa Mesa Sanitary District RFP of 10-21-2020 — ___ _ _____ __ _____._ _ __...__. _._____..___.__.
Exhibit B
Insurances
Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following:
(1) General Liability: Insurance Services Office Commercial General Liability coverage; (2) Automobile
Liability: Insurance Services Office Business Auto Coverage, code 1 (any auto); and (3) Workers'
Compensation and Employer's Liability: Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability:
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with general aggregate limit is used, either the general
aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Worker's Compensation and Employer's Liability: Workers' Compensation
limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000
per accident for bodily injury or disease.
Professional Liability. Consultant shall procure and maintain, and require its subconsultants to procure
and maintain, for a period of five (5) years following completion of the Project, errors and omissions
liability insurance appropriate to their profession. Such insurance shall be in an amount not less than
$1,000,000 per claim, and shall be endorsed to include contractual liability.
Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant
shall provide endorsements on forms supplied or approved by the District to add the following
provisions to the insurance policies.
SOLID WASTE AGREEMENT PERFORMANCE AUDIT, SB 1383 ANALYSIS AND
IMPLEMENTATION PLAN DEVELOPMENT "BEST" VALUE EVALUATION FORM
Choose weights within listed ranges. Recommend that sum of weights equal
100%.
For scoring, enter numbers from 1 through 5, 5 being the best. Totals on each
line equals score times weight.
MINMUM CRITERIA
WEIGHT
M'16b
Score
Total
Score
Total
Score
Total
Cost
30%
t . 5
Responsiveness to
RFP
10%
Qualifications and
Experience
15%
References/Previous
Performance
10%
Ability to Provide
Service
25%
Timeline for
Completing the
Services
10%
y
TOTAL SCORES
Approved: )16, vc)
SOLID WASTE AGREEMENT PERFORMANCE AUDIT, SB 1383 ANALYSIS AND
IMPLEMENTATION PLAN DEVELOPMENT "BEST" VALUE EVALUATION FORM
Choose weights within listed ranges. Recommend that sum of weights equal
100%.
For scoring, enter numbers from 1 through 5, 5 being the best. Totals on each
line equals score times weight.
MINMUM CRITERIA
WEIGHT
H f 3C
Score
Total
Score
Total
Score
Total
Cost
30%
Responsiveness to
RFP
10%
Qualifications and
Experience
15%
K
��J
References/Previous
Performance
10%
i_-J-
(
04
`
Ability to Provide
Service
25%
5
2s
Timeline for
Completing the
Services
10%
L f
ITOTALSCORES
.
SOLID WASTE AGREEMENT PERFORMANCE AUDIT, SB 1383 ANALYSIS AND
IMPLEMENTATION PLAN DEVELOPMENT "BEST" VALUE EVALUATION FORM
Choose weights within listed ranges. Recommend that sum of weights equal
100%.
For scoring, enter numbers from 1 through 5, 5 being the best. Totals on
each line equals score times weight.
MINMUM CRITERIA
WEIGHT
Michael Balliet
Cons
N/A
N/A
Score
Total
Score
Total
Score
Total
Cost
30%
5
1.5
Responsiveness to
RFP
10%
5
0.5
Qualifications and
Experience
15%
5
0.75
References/Previous
Performance
10%
5
0.5
Ability to Provide
Service
25%
5
1.25
Timeline for
Completing the
Services
10% 1
5
0.5
TOTAL SCORES
5
Approved: K-01V �_U k �I I ��0 (2�0
Notes: CMSD recevied 1 proposal for the Solid Waste Agreement Performance Audit,
SB1383 Anaylsis, and Impletmentaion Plan Development before the deadline on 11/10/2o at
• • e
Michael Balliet Consulting (MBC) provided an excellent proposal that is easy to
understand, concise, and well -organized. MBC clearly understand the District's
requirements and would be able to help the District with all the tasks outlined in the RFP.
Question: Is MBC giving the District a discount on task 1 cost? According to the proposal,
Task 1 should take 55 hours to be completed, but under number 6 - Cost Proposal, Task 1 is
only 30 hours. Difference of 25 hrs (25 hrs x $105 rate = $2,625).