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HomeMy WebLinkAbout07 - Refuse Container Collection Services with Roberts Waste & Recycling, Inc�EwPoRT CITY OF - NEWPORT BEACH City Council Staff Report April 24, 2018 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mike Pisani, Municipal Operations Director - 949-644-3055, mpisani@newportbeachca.gov PREPARED BY: Shelby Morgan, Management Assistant smorgan@newportbeachca.gov PHONE: 949-644-3013 TITLE: Agreement for Refuse Container Collection Services with Roberts Waste & Recycling, Inc. ABSTRACT: The City utilizes a contractor to maintain and collect waste from refuse containers located throughout the City at beach areas, bus stops, on piers, and various other locations. The Municipal Operations Department proposes an agreement with Robert's Waste and Recycling, Inc. to provide these services. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve the agreement with Robert's Waste & Recycling, Inc. for refuse container collection services for a five-year term with a total not -to -exceed amount of $2,400,000, and authorize the Mayor and City Clerk to execute the agreement. FUNDING REQUIREMENTS: Additional funds will be placed on the FY18-19 budget checklist to add $202,700 to Org/Object 0109021-811031. DISCUSSION: The City utilizes a contractor to perform the changing of trashcan liners from 641 City containers located on street ends, piers, in beach areas, and in business districts such as Corona del Mar, Marine Avenue, and Balboa Village. These containers are serviced on a schedule based upon historical need, and many are serviced 365 days per year. The Municipal Operations Department issued a Request for Proposals (RFP) In September 2017 for this service. Two proposals were 7-1 Approve Agreement for Refuse Container Collection Services with Robert's Waste & Recycling, Inc. April 24, 2018 Page 2 received by the October 5, 2017 due date, from Robert's Waste and Recycling, Inc., and Ware Disposal, Inc. At the January 9, 2018, City Council meeting, the Municipal Operations Department recommended the award of an agreement to Robert's Waste and Recycling, Inc., of Santa Ana for this service. The City Council had questions about the RFP process, and staff discussed the process at the January 23, 2018 Council meeting. The City Council voted to extend the existing agreement through June 30, 2018, and recommended that staff send out another RFP for this service since Council felt the direction given in the RFP document could have been more clear for the proposers and a new RFP could possibly result in more competitive proposals for the City. On February 16, 2018, the Municipal Operations Department issued the RFP for refuse container collection services with a due date of March 7, 2018. While the original RFP presented the City's scope of services and called for a narrative response from proposers asking them to identify their experience, qualifications and demonstration of ability to perform work, the new RFP highlighted crucial elements of the scope of services and mandated a response from the proposers for each of these key areas. For example, because the RFP called for vehicles to be used for this project to be no older than ten (10) years, proposers were required to furnish a list of vehicles as part of their proposals as a means for staff to verify each proposer's vehicle operational safety and qualifications requirements. Proposers were also required to specifically address operating hours and vehicle operation on the City's pier areas, two requirements incorporated in the RFP to emphasize the visiting public's safety. Rather than relying on an open narrative response, directing the proposers to address these key areas ensured that the staff received the proper information to accurately evaluate each proposer's capabilities. The City received four proposals in response to the RFP. A committee of evaluators from the Municipal Operations Department reviewed the proposals independent of pricing. At the conclusion of that review, the panel felt that, even with the better directions and mandatory questions given in the RFP, some of the proposers did not describe their work plan in enough detail to give the evaluators insight on how the vendor would perform the work. Consequently, staff invited all four proposers to an in-person interview. This interview allowed each of the four proposers to present their qualifications, their work plan, and the staffing and equipment resources they plan to utilize to the panel. Pricing of the service was not discussed during the interviews. The interview became a component of the technical score. Following the computation of the technical scores, the Finance Department's Purchasing Agent calculated the cost score based on the differential in cost between the respondents. Robert's Waste & Recycling, Inc. scored the highest technical score, which allowed them to be the highest rated proposer. They are the City's current incumbent provider. While Ware Disposal and CR&R were competitive on pricing, staff scored Robert's Waste significantly higher on the quality and technical issues associated with the RFP. 7-2 Approve Agreement for Refuse Container Collection Services with Robert's Waste & Recycling, Inc. April 24, 2018 Page 3 PROJECTED ANNUAL COST: CUR $392,333.92 MARIPOSA LANDSCAPE $638,123.00 ROBERT'S RECYCLING $452,711.50 WAREDISPOSAL $330,162.61 TECHNICAL SCORE (OUT OF 60): 46.33 43.33 54.33 31.33 COST RATIO SCORE (OUT OF 40): 33.66 20.69 29.17 40.00 AGGREGATE SCORE (OUT OF 100): 79.99 64.03 83.50 71.33 OVERALL RANK: 2 4 1 3 The lowest cost proposer, Ware Disposal, proposed utilizing stinger trucks with a commercial bin attached. As these bins fill up multiple times per day, they would meet with one of Ware's commercial trucks on a street or in a parking lot, dump the bin in the truck, and then return to the route. The evaluators felt this work plan would result in the waste transfer being performed in public view multiple times and, due to capacity issues the collector would be off the route for an extended time during the day to dump. Robert's Waste's score and submission reflects their firm's extensive knowledge of this project, having serviced the City for the last five years with good reliability and positive reviews from City staff. The current agreement, with Robert's Waste, is set to expire on June 30, 2018. This agreement was executed on November 13, 2012 for a not -to -exceed amount of $250,000 per year. The new agreement will be $452,711.50 per year. There are a number of reasons for the increase: The expiring agreement's not -to -exceed amount was below market and did not allow the company any funding for equipment replacement. The new agreement requires that, over the course of the agreement, the contractor may only use equipment that is less than 10 years old. The contractor has two new CNG -powered trucks on order for use in this contract. • The rise in California's minimum wage has driven up the cost in all labor-intensive services. As the Council is aware, California's minimum wage rose to $11.00 on January 1 and will continue to increase annually to $15.00 per hour on January 1, 2022. Municipal Operations Department thus recommends that refuse container collection services be contracted with Robert's Waste & Recycling, Inc. for a term of five years at a total amount not to exceed $2,400,000. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 7-3 Approve Agreement for Refuse Container Collection Services with Robert's Waste & Recycling, Inc. April 24, 2018 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Maintenance/Repair Services Agreement with Robert's Waste & Recycling, Inc. 7-4 ATTACHMENT A MAINTENANCEIREPAIR SERVICES AGREEMENT WITH ROBERT'S WASTE & RECYCLING FOR REFUSE CONTAINER REMOVAL SERVICES THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 1st day of July, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ROBERT'S WASTE & RECYCLING, a California corporation ("Contractor"), whose address is P.O. Box: 10610 Santa Ana, California 92711, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform commercial refuse removal for various sites across the City ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2023, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow community professional standards with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances, in performing the Work required hereunder, and that all materials will be of good quality. 7-5 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit B, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Million Four Hundred Thousand Dollars and 001100 ($2,400,000.00), without prior written amendment to the Agreement. 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles - Robert's Waste & Recycling Page 2 7-6 Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Maria Negrete to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Refuse Manager or designee shall be the Project Administrator and shall have the Robert's Waste & Recycling Page 3 7_7 authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATE RIALS/STAN DARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, Robert's Waste & Recycling Page 4 7.8 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9.8 Contractor shall indemnify the Indemnified Parties from and against all claims, actual damages including, but not limited to, special and consequential damages, natural resource damage, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity of any kind whatsoever paid, incurred or suffered by, or asserted against, the Indemnified Parties or Contractor arising directly or Robert's Waste & Recycling Page 5 7.9 indirectly from or caused by any of the following: (i) the violation of any environmental laws or the failure to clean up and mitigate the consequences of the spill or release of any Hazardous Substance, and (ii) Contractor's activities under this Agreement concerning any Hazardous Substance at any place where Contractor stores or disposes of solid or Hazardous Waste pursuant to this Agreement, or preceding agreements between City and Contractor. The foregoing indemnity is intended to operate as an agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9607(e)) and any amendments thereto, and California Health and Safety Code Section 25364, or any successor statute, to insure, protect, hold harmless, and indemnify City from liability. 9.8.1 "Hazardous Waste" or "Hazardous Substance" means any: (a) chemical, compound, material, mixture or substance that is now or hereinafter defined or listed in, or otherwise classified pursuant to any Environmental Law as a "hazardous substance," "hazardous material," "hazardous waste," "extremely hazardous waste," "infectious waste," "toxic waste," "toxic pollutant," or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect, and (b) petroleum, petroleum by-products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste, steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. Robert's Waste & Recycling Page 6 7-10 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement a Faithful Performance Bond in the amount of twenty percent (20%) of the total amount to be paid to Contractor as set forth in this Agreement, in the form attached hereto as Exhibit D which is incorporated herein by this reference. 15.2 The Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 15.3 Contractor shall deliver, concurrently with execution of this Agreement, the Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. PREVAILING WAGES If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the Robert's Waste & Recycling Page 7 7-11 prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 19. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 20. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. Robert's Waste & Recycling Page 8 7.12 21. RECORDS 21.1 Contractor shall keep records and invoices in connection with the solid waste handling Services to be performed under this Agreement, including, but not limited to, customer lists, billing records, accounts payable records, maps, service requests, cash receipts records, AB 939/341/1826 compliance records, tonnage reports, weight tickets and invoices from all Landfills, Processing Facilities, and Recycling Facilities utilized for solid waste collected within City, and all other documents and materials which reasonably relate to Contractor's compliance with and performance of the provisions of this Agreement ("Records"), for the full term of this Agreement and an additional period thereafter of not less than three (3) years, or any longer period required by law. Such Records shall be made available to City at Contractor's regular place of business, but in no event outside the County of Orange. All Records shall be clearly identifiable, and Contractor shall maintain record security sufficient to preserve records from destruction or damage from foreseeable events. Data maintained in an electronic medium shall be protected, and backed up, with a copy stored at a separate site from the original data. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such Records during regular business hours for a period of three (3) years from the date of final payment to Contractor under this Agreement, or any longer period required by law. 21.2 City's ability to defend against Comprehensive Environmental Response, Compensation, and Liability Act, known also as Superfund ("CERCLA"), and related litigation is a matter of great importance. Contractor shall maintain and preserve records establishing where solid waste collected in the City was landfilled for the full term of this Agreement and an additional period thereafter of not less than five (5) years, or any longer period required by law. At any time, including after the expiration of the term, Contractor shall provide copies of such records to City within three (3) business days of City's request. 21.3 On an annual or as -needed basis, City shall have the right, upon five (5) business days advance notice, to inspect Contractor's Records and/or conduct, or to contract with an independent auditing firm to perform, an audit, at City's expense, of Contractor's Records ("City Audit") to ensure compliance with the provisions of this Agreement. The City Audit shall include, without limitation, review and/or copying of Contractor's cash receipts, books of account, tonnage reports, and other related records, as well as those of each of its parent, subsidiary and/or affiliated companies, as appropriate. As part of the City Audit, Contractor's Customer accounts and related records may be subject to review. While Contractor will not be required to submit for copying detailed account records, such as customer names, Contractor shall make such records and information available for review in connection with the City Audit. 21.4 Franchisee shall reimburse City for all of City's costs in performance of an audit if, as a result of the audit, it is determined that there was any intentional misrepresentation by Contractor with respect to Contractor's handling and transportation of solid waste or with regard to any information provided about diversion. Such reimbursement shall be paid by Contractor within ten (10) calendar days of the date City notifies Contractor in writing that Contractor is liable to reimburse the City in conformance with this subsection and the amount of City's audit costs. Robert's Waste & Recycling Page 9 7-13 22. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Refuse Manager Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Robert's Waste & Recycling Page 10 7-14 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Maria Negrete Robert's Waste & Recycling PO Box 10610 Santa Ana, CA 92711 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. LABOR 28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Robert's Waste & Recycling Page 11 7-15 Contractor shall immediately give written notice to City, and provide all relevant information. 28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 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. Robert's Waste & Recycling Page 12 7-16 29.8 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. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 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, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Robert's Waste & Recycling Page 13 7-17 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: `t By: �.. Aaron C. H rp tAw ` ,wt City Attorney ATTEST: Date: go Leilani I. Brown City Clerk Attachments: Exhibit A Exhibit B Exhibit C Exhibit D CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONTRACTOR: ROBERT'S WASTE & RECYCLING, a California corporation Date: By: Jesus Roberto President Date: By: Aurelia Roberto Treasurer [END OF SIGNATURES] Scope of Services Schedule of Billing Rates Insurance Requirements Faithful Performance Bond Robert's Waste & Recycling Page 14 7-18 EXHIBIT A SCOPE OF SERVICES PROJECT OVERVIEW The City maintains and collects waste from refuse containers located throughout the City at beach areas, in parks, at bus stops, and various other locations. These refuse containers require collection on a pre -determined schedule which varies between the summer period (from Memorial Day to Labor Day) and non -summer period. The Schedule of Billing Rates, attached to the Agreement as Exhibit "B" and incorporated herein by reference, contains a comprehensive listing of refuse container collection sites and frequencies. Refuse containers are 44 -gallon capacity and are either Rubbermaid "Brute" -equivalent containers or various decorative containers. CONTRACTOR RESPONSIBILITIES/PERFORMANCE Contractor shall furnish all labor, equipment, materials and supervision to perform all services described herein including, but not limited to, the following: a. Collect refuse from any and all City refuse containers located at the sites described and depicted in the Schedule of Billing Rates; b. Properly dispose of any and all refuse collected as described herein; c. Clean any and all litter on or around refuse containers; d. Collect any and all bags containing refuse left on or around refuse containers; e. Immediately notify the City of any damaged refuse containers and/or lids; and f. Immediately notify the City of any hazardous materials or oversized items left on or around refuse containers that cannot be immediately collected. Contractor shall strictly adhere to the collection schedules and frequencies set forth in the Schedule of Billing Rates. Contractor shall obtain a City Business License prior to the commencement of the Project. Contractor's personnel assigned to this Project shall wear Contractor -provided uniforms at all time during the performance of Work. Contractor's personnel assigned to this Project shall operate vehicles used in the performance of Work in a safe, courteous and legal manner at all times. At no time during the course of the Agreement shall vehicles be older than ten (10) years. Robert's Waste & Recycling Page A-1 7-19 Contractor shall park off-site (i.e., no parking at City yard). Contractor may not park overnight at any City facilities. During the "summer" period, Contractor shall use a minimum of three (3) vehicles for refuse collection services. During the "non -summer" period, a minimum of two vehicles must be used for refuse collection services. The "summer" period consists of the weeks of the calendar year between Memorial Day and Labor Day, and the "non -summer" period consists of the remaining weeks. The City reserves the right to extend or shorten the "summer" period based on climate patterns or public demand. Subject to the restrictions contained in any franchise agreement between Contractor and City, working hours for the performance of all Work shall be from 5:00 A.M. to 1:30 P.M. Work may not be performed outside of these designated hours, unless previously agreed upon by the Project Administrator. Refuse containers located on any of the City's piers shall be collected by Contractor using vehicles no longer than twenty feet (20') in length and three (3) tons in weight. Certain collection sites and/or facilities may require Work to be performed in and around areas containing sand. Contractor and City shall develop a specific daily route schedule for refuse container collections. City must approve the final route schedule in writing prior to Project commencement. City reserves the right to alter any and all daily route schedules. Contractor shall conduct monthly meetings with the City's Project Administrator to provide Project updates and receive direction from the City. Contractor shall be permitted to dump refuse from City containers at the Transfer Station located at the City of Newport Beach Corporation Yard. Transfer Station hours of operation are Monday through Friday 6:30 A.M. to 3:00 P.M. and Saturdays 6:30 A.M. to 10:00 A.M. In the event the Transfer Station at the City of Newport Beach Corporation Yard ceases operation, it shall be the sole responsibility of Contractor to arrange to dispose of refuse in an alternate fully -permitted, certified/licensed Orange County landfill or a fully -permitted, licensed Orange County transfer station, which is lawfully authorized to accept that specific type of solid waste material and has been approved by the City and to transport all non-organic material collected to an approved Orange County material recovery facility for processing. Should these events transpire, it is the City's expectation that an Agreement renegotiation may be in order. The City shall have sole discretion in authorizing any potential Agreement amendments reflecting potential added costs that this relocation incurs. Contractor shall abide by all State legislation as it pertains to waste diversion requirements. This includes, but is not limited to, AB 341 -Mandatory Commercial Recycling and/or AB 1826 -Mandatory Commercial Organics Recycling. When required of City under State law, an organics diversion program must be implemented. Contractor must demonstrate the ability to provide this service, provide the location(s) where this Robert's Waste & Recycling Page A-2 7-20 service will be provided, and the name and address of any location(s) where the collected organic waste will be taken for processing. Contractor shall provide liners and/or bags for all refuse containers comprising this Project. Liners and/or bags shall fit a 44 -gallon container, be of 19 -micron thickness and be of a neutral color (e.g. black, gray, clear, dark blue, etc.) that must be approved by the City prior to use. Contractor shall provide all Services three hundred sixty-five (365) days per year, although on a modified schedule on the following City -observed holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving (including the following Friday), Christmas Eve, Christmas Day and New Year's Eve. Contractor shall immediately notify the City of any Hazardous Substance or oversized items left on or around containers that cannot be immediately collected. Contractor shall not haul any material from City's Public Works job sites. All commercial solid waste containers used in the performance of this Agreement shall be kept clean and in good repair and shall be uniformly painted to the satisfaction of the Municipal Operations Director and/or designee. All vehicles and equipment used by the Contractor in the performance of this Agreement may be subject to inspection by the City upon twenty-four (24) hours' notice by the Municipal Operations Director. Contractor shall use alternative fuel vehicles approved by the South Coast Air Quality Management District ("AQMD") for solid waste collection services. Vehicles shall meet all requirements specified per AQMD Rule 1193. Contractor shall provide City with a copy of all monthly invoices generated pursuant to this Agreement and a monthly written activity report, on or before the 15th of each month, containing, at a minimum, the following information: a. Summary of areas in which refuse was overflowing from refuse containers; b. Summary of damaged refuse containers and/or lids reported; and c. A copy of the daily routing schedule for the preceding month. CITY RESPONSIBILITIES/RIGHTS: City shall provide, repair, replace and hold ownership over any and all refuse containers and/or lids comprising the Project. Robert's Waste & Recycling Page A-3 7-21 City reserves the right to negotiate with Contractor for Agreement pricing adjustments in the event refuse containers are added or removed from the current roster of containers. Robert's Waste & Recycling Page A-4 7.22 EXHIBIT B SCHEDULE OF BILLING RATES Robert's Waste & Recycling Page B-1 7-23 EXHIBIT B SCHEDULE OF BILLING RATES Robert's Waste & Recycling Page B-1 7-24 7-25 REFUSE CONTAINER LOCATIONS Frequency (Days per Week) Refuse Container Location Into rmat ion Cost Per Week Containers In Summer {Memorial No. Area Description Containers Summer Weekend? Non -Summer Day -Labor Day)' Non -Summer Summer Balboa 14th Street to Adams on Beach Boardwalk 14 Weekends 5 7 $ 157.59 $ 220.50 Balboa 15th Street Bay (First Pickup) Weekends L 7 7 S 78.75 $ 78.75 Balboa ISih Street Bay (Second Pickup) 5 Weekends ON(,= 7 7 $ 78.75 $ 78.75 Balboa 15th Street Both Sides 11 Weekends 4 5 $ 99.00 S 123.75 Balboa Adams Sl. to Fernando 5 Weekends tom• ®� 5 7 $ 56.25 $ 78.75 Balboa Alvarado to 141h Street on the Bay 20 Summer Weekends 3 5 $ 135.00 $ 225-00 Balboa Blue can by ATT Budding 1 NIA 3 3 $ 675 $ 6.75 Balboa island Balboa Island )Street Ends, Ferry Landing, 4 Floa tsl 51 Weekends 5 7 $ 573.75 S 803.25 Balboa Island Little Island - Section/Area 5 16 Weekends 4 7 $ 144.00 5 252.00 Balboa Island Marine Avenue 35 Weekends y 7 7 $ 551.25 $ 551.25 Balboa Island Martha's Starbucks 2 Weekends 5 7 $ 22.50 $ 31.50 Balboa Village B Street Lot 4 Weekends 5 7 $ 45.00 S 63.00 Balboa Village Balboa Blvd. - North 10 Weekends j 5 7 $ 112.50 5 157.50 Balboa Village Balboa Blvd. - South 12 Weekends 5 7 $ 135.00 $ 189.00 Balboa Village Balboa Main Lot 22 Weekends S 5 7 $ 247.50 $ 346.50 Balboa Village Balboa Net 19 Weekends7 � 7 $ 299.25 S 299.25 Balboa Village Balboa Pier - Ruby's Restaurant Weekends 7 7 $ 315.00 $ 315.00 Balboa Village Bay Street - Washington Restrooms, Sushi 21 4 Weekends 5 7 $ 45.00 $ 63.00 Balboa Village Bus Depot & Ticket Booth 7 Weekends 5 7 S 76.75 $ 110.25 Balboa Village FunZone Boardwalk 5 Weekends 7 7 $ 7875 $ 78.75 Balboa Village M Street Bay and float to S Street on the Bay 13 Weekends ,f 4 5 S 117.00 $ 146.25 Balboa Vllfage Main Street Around to A Street Lot 24 Weekends 7 7 $ 378.00 S 37800 Balboa Village Newport Landing 3 Weekends 7 7 $ 47.25 S 47.25 Balboa Village Ocean Front Cans C, D, E, I, M Street, Ocean Front 7 Summer Weekends 3 4 $ 47.25 S 63.00 Balboa Village Palm Sl reel 7 Weekends 4 7 $ 63.00 S 110.25 Balboa Village Palm Street � Entrance to Ferry 6 Weekends ! 5 7 $ 67.50 5 94.50 Balboa Village Rendezvous 9 Weekends S 5 7 $ 101.25 5 141.75 Balboa Village Washington St. end and dock 2 Weekends 7 7 $ 31-50 5 31.50 Balboa Village Welis Fargo Lot 7 Weekends _ 4 7 $ 63.00 $ 110.25 CDM Buck Gully and Restruorn 7 Weekends 4 7 $ 63.00 $ 1113.25 COM Bus Stops Bayside/jamboree & Bayside/West Promontory 2 N/A 1 1 $ 4.50 $ 4.50 COM Bus Stop W. Coast Hwy @ Dover Shores 1 N/A 1 1 S 2.25 $ 2.25 CDM Bus Slop W. Coast Hwy @ Irvine Terrace L N/A i 1 $ 2.25 $ 2.25 CDM China Cove 3 Summer Weekends i. 3 - - 7 $ 20.25 5 47.25 COM Civic Center & Park 16 Summer Weekends 3 7 $ 108.00 $ 252.00 CDM Corona del Mar State Beach 38 48 Weekends 5 7 $ 427.50 $ 756.00 COM PCH - Avocado to Cameo Shores (Both Sides of PCH) 40 Weekends 7 7 $ 630.00 5 530.00 CDM PCH Cameo Shores to Reef Point Bus Stops 8 N/A �- 1 1 $ 18.00 $ 1800 CPM Poppy @ Fifth I Summer Weekends 3 4 $ 6.75 $ 9.00 CDM Pirates Cove 3 Weekends a 4 7 $ 27.00 5 47.25 Easlhay/Back Bay Back Bay Drive & Sheilmaker by B85C Signs 1 N/A jj-. 1 1 $ 2.25 $ 2.25 Eastbay/Back Bay Corona del Mar High School 1 N/A 1 2 $ 2.25 5 4.50 Eastbay/Back Bay End of Back Bay Road/Trail 2 NIA �. 1 1 $ 4.50 $ 4.50 Heights/Dover Shares Mariners Library 5 Weekends 4 5 $ 45.D0 S 56.25 Heights/Dover Shores Dover Shores Beach 2 Summer Weekends '. 3 5 $ 13.50 $ 22.50 Heights/Dover Shores Zubies 1 NIA �- 3 3 $ 6.75 $ 6.75 Hospiial/Yard Bus Stop by }coag 1 N/A 3 3 $ 6.75 $ 6.75 Hospital/Yard Superior Hill 1 N/A 3 3 $ 6.75 $ 6.75 Hosplial/Yard 883 W. 15th St. 1 Weekends �, 5 5 $ 11.25 $ 11.25 Newport 19th Street Bay Beach, Restrooms, float 14 Weekends 5 7 $ 157.50 $ 220.50 Newport 20th Street & Balboa Blvd, 1 Weekends 4 5 $ 9.00 $ 11.25 Newport 361h to 15th Street Boardwalk and Restrooms 23 Summer Weekends 5 7 $ 258.75 $ 362.25 Newport Balboa Blvd. @ 23rd Street 3 Weekends 7 7 $ 47.25 $ 47.25 Newport Blackies Lot 33 Weekends 7 7 $ 519.75 $ 519.75 7-25 No. 7-26 Refuse Container Location Information Cost Per Week Summer (Memorial Containers In Area Description Containers Summer Weekend? Newport Bus Stops 146th Balboa, PCH both sides) 4 Weekends Newport Bus Stop a 132nd and Balboa 1 Weekends Newport Cedar Street & 62nd St. 1 N/A Newport Central Ave, 3 N/A Newport Channel Park Rest rooms 3 Summer Weekends Newport Crab Cooker and old RussellsSurf Shop, 28th at Newport Blvd 3 Summer Weekends Newport Manna Park"' 11 collection during the afterrnon in Summers 21"' Summer Weekends Newport McFadden Plaza 28 Weekends Newport Newport Blvd. @ Via Lido, 32nd, Chipor0e, Vons 4 Weekends Newport Newport Pier 19 Weekends Newport Stag Lot & Shaikeez 5 Weekends He Shores North Scar Lane 3 N/A He Shores Newport Aquatic Center 2 Summer Weekends West Newport Beach Cans - Summit, Orange, Prospect, 56th, 54th, 47th, 46th 9 Weekends West Newport Beach Can - 53rd Street L Summer Weekends West Newport Circle K 1 Weekends West Newport Seashore Drive fStart at 58th St. Restroom) 24 Summer Weekends 7 TOTAL NUMBER OF CONTAINERS 641 672 $ 141.75 (] 3 'Typkolly, the summer period comprises 17 weeks of rhe calendar year and the non summer peood comprises the remaining 35 weeks. The Gey 6.75 reserves the right to e.tead or shorten the summer period based on climate patterns or public demand. Please provide pricing orcardingly. 5 "Pleose note the bonding requrremews for this Project nny and all prices quoted should include msurance and bonding. $ 11.25 -One of our inorring mnnactws will be se-orig these runs of Manna Park in the morning, This contract will servrce these tens in the afternoon 162.00 r ver yda y only in the summer months. Annual Totals: 7-26 Cost Per Week Summer (Memorial Non -Summer Day - Labor Day)' Non -Summer Summer 4 4 5 36.00 $ 36.00 4 4 $ 9.00 $ 9,00 (. 3 3 $ 6.75 $ 6.75 3 3 $ 20.25 $ 20.25 ){_ 3 5 5 20.25 $ 33.75 3 5 $ 20.25 S 33.75 G N/A 7 $ - $ 560.00 y 7 7 s 441.00 $ 44].00 5 7 $ 45.00 S 63.00 i 7 7 $ 299,25 $ 299.25 5 7 $ 55.25 5 78.75 k' 1 1 $ 6.75 $ 6.75 Ei 3 5 $ 13.50 5 22.50 �;- 5 7 $ 101.25 $ 141.75 (] 3 5 $ 6.75 $ 11.25 ki 4 5 $ 9.00 $ 11.25 L 3 7 $ 162.00 $ 378.00 Annual Totals: I $ 274,1150.00 $ 778,661 -SO Weekly Totals: $ 7,830.00 $ 10,509 -SO Total Annual Total: $ 452,711.50 7-26 IW7ai 1116 INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Robert's Waste & Recycling Page C-1 7-28 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Pollution Liability Insurance. If required, Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than one million dollars ($1,000,000) per loss and two million dollars ($2,000,000) in the aggregate per policy period. Claims - made policies require a 5 -year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. Robert's Waste & Recycling Page C-2 7-29 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of Robert's Waste & Recycling Page C-3 7-30 other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Robert's Waste & Recycling Page C-4 7-31 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to Robert's Waste & Recycling, Inc. hereinafter designated as the "Principal," an agreement for Refuse Container Removal Services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Eighty Thousand Dollars and 001100 ($480,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated annual amount of the Agreement, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Robert's Waste & Recycling Page D-1 7-32 notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2 Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Robert's Waste & Recycling Page D-2 7-33 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Robert's Waste & Recycling, Inc. Page D-3 7-34