HomeMy WebLinkAbout10 - Approval of a Maintenance Services Agreement for Storm Drain System Cleaning Services with Ocean Blue Environmental Services, IncQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
April 23, 2024
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011,
mvukojevic@newportbeachca.gov
PREPARED BY: Joshua Rosenbaum, Senior Management Analyst - 949-644-3057
josenbaum@newportbeachca.gov
TITLE: Approval of a Maintenance Services Agreement for Storm Drain
System Cleaning Services with Ocean Blue Environmental Services,
Inc.
ABSTRACT:
The Utilities Department manages the maintenance and operation of the City of Newport
Beach's storm drain system, which encompasses pipelines, catch basins, trash capture
devices, v-ditches, and tide gate valves. The system is regularly maintained through a
combination of City staff and contract services. The agreement with the City's current
cleaning contractor is set to expire. Staff conducted a request for bids procurement and
recommends City Council approval of a multiyear agreement with Ocean Blue
Environmental Services, Inc., to provide storm drain system cleaning services.
RECOMMENDATIONS:
a) Determine this 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
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve the Maintenance/Repair Services Agreement for Citywide storm drain
system cleaning services for a three-year contract term with an option for two
additional years, and a total not -to -exceed amount of $2,585,000 over five years, and
authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The Utilities Department manages the City's storm drain system utilizing a blend of
in-house staff and contract resources. Regular inspections, cleaning and repairs are key
components of the system's operation, and are necessary to maintain flood protection.
The cleaning process is also a part of the City's efforts to improve water quality in the
harbor and ocean.
The storm drain system includes approximately 100 miles of pipelines, over 3,000 catch
basins, 100 specialty structures, 26 in -pipe storm drain trash capture devices (known as
continuous deflection separation units), almost 30,000 linear feet of v-ditches, and
approximately 400 connector pipe screens, the latest technology for capturing trash in
catch basins. The bulk of the cleaning need lies within the catch basins.
10-1
Approval of a Maintenance Services Agreement for Storm Drain
System Cleaning Services with Ocean Blue Environmental Services, Inc.
April 23, 2024
Page 2
The department utilizes a contractor to perform these services annually, primarily during
late summer and fall, before the onset of the rainy season. Additionally, the contractor
cleans the trash capture devices, storm drain structures and v-ditches on an as -needed
basis. The connector pipe screens are cleaned on a quarterly basis.
The service agreement with the City's current contractor is nearing its expiration. The
Utilities and Finance Departments issued a Request for Bid (RFB) to solicit proposals for
this service through the City's electronic bidding portal. The City received three proposals
for these services. The low bidder, Ocean Blue Environmental Services, possesses a
California State Contractor's License Certification "A" General Engineering, and meets all
minimum qualifications in the specifications.
Ranking
BIDDER
BASE BID AMOUNT
Low
Ocean Blue Environmental Services
$323,570.52
2nd
United Storm Water
$387,441.50
3rd
Downstream Services, Inc.
$644,006.00
The base bid amount was used for comparison purposes only in the RFB process. Using
historical maintenance figures and known upcoming projects, the annual cost with the low
bidding vendor will be $486,000 for the Utilities Department and $25,000 for Public Works.
On an annual basis, this new contract is approximately $85,000 higher than the previous
contract.
Utilities and Public Works staff members met with Ocean Blue to discuss the expectations
and responsibilities under the agreement. Based on these discussions and the
contractor's bid proposal, Utilities staff believes that Ocean Blue's work plan and
approach, including staffing and equipment, show an understanding of what is required
to successfully perform the scope of services in the agreement. A review of references
for Ocean Blue shows satisfactory provision of similar services for other local
municipalities in Orange County and throughout Southern California. Lastly, Ocean Blue's
services comply with the State Resources Water Control Board and Federal Clean Water
Act.
The Utilities Department recommends approval of a contract with Ocean Blue
Environmental Services, Inc., for an initial three-year contract term with an option for two
additional years and a total, not -to -exceed contract amount of $2,585,000. Utilities
Department staff will work with Ocean Blue to ensure a smooth transition and the
contractor's performance will be reviewed on a routine basis.
FISCAL IMPACT:
The new service contract is estimated to cost $85,000 more per year compared to the
previous contract. The budget includes sufficient funding for citywide storm drain cleaning
services, which will be expensed to the Storm Drain Contract Services account 0109062-
811024 and/or the Maintenance Storm Drains account, 0109062-851039, in the Utilities
Department, from the General Fund.
10-2
Approval of a Maintenance Services Agreement for Storm Drain
System Cleaning Services with Ocean Blue Environmental Services, Inc.
April 23, 2024
Page 3
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.
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).
ATTACHMENT:
Attachment A — Maintenance Services Agreement for Storm Drain System Cleaning
Services with Ocean Blue Environmental Services, Inc.
10-3
ATTACHMENT A
MAINTENANCEIREPAIR SERVICES AGREEMENT
WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC. FOR
CITYWIDE STORM DRAIN SYSTEM CLEANING SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 23rd day of April, 2024 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and OCEAN BLUE ENVIRONMENTAL SERVICES, INC., a California corporation
("Contractor"), whose address is 925 West Esther Street, Long Beach, CA 90813, 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 cant' 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 maintenance and/or repair services
for 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 be for three (3) years, commencing on the
Effective Date, and shall terminate on March 31, 2029, unless terminated earlier as set
forth herein. The City shall have the option to extend the Agreement by two (2) additional
one-year terms. The City may exercise its option to extend by providing written notice to
Contractor.
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
10-4
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.
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 A, 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, without prior written amendment to the Agreement, Two Million Five
Hundred Eighty Five Thousand Dollars and 001100 ($2,585,000.00), which sum
comprises $1,568,325.15 for the initial three-year term and $1,016,674.85 for the two
option years.
4.2 Reserved.
Ocean Blue Environmental Services, Inc. Page 2 10-5
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 Justin Lee 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 Utilities Department. City's Utilities
Manager or designee shall be the Project Administrator and shall have the 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.
Ocean Blue Environmental Services, Inc. Page 3 10-6
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD 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,
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,
Ocean Blue Environmental Services, Inc. Page 4 10-7
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), and/or if it is subsequently determined that an
employee of Contractor is not an independent contractor.
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.
10. INDEPENDENT CONTRACTOR
10.1 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
Ocean Blue Environmental Services, Inc. Page 5 10-8
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
10.2 Contractor agrees and acknowledges that no individual performing Services
or Work pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least an average of twenty (20) hours per week for
one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be
a CalPERS member.
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.
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. PREVAILING WAGES
15.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
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 prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
Ocean Blue Environmental Services, Inc. Page 6 10-9
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.
15.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
16. 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.
17. 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.
18. 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.
Ocean Blue Environmental Services, Inc. Page 7 10-10
19. 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.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
21. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
sea., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
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indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
24. NOTICES
24.1 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.
24.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Justin Lee
Ocean Blue Environmental Services, Inc.
925 West Esther Street
Long Beach, CA 90813
25. CLAIMS
25.1 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.).
25.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
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conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
26. TERMINATION
26.1 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.
26.2 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.
27. LABOR
27.1 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.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 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.
27.4 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.
Ocean Blue Environmental Services, Inc. Page 10 10-13
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
28.2 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.
28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 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,
Ocean Blue Environmental Services, Inc. Page 11 10-14
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 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.
28.12 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]
Ocean Blue Environmental Services, Inc. Page 12 10-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR19EY�' OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:✓ By:
ro C. V
MS Will O'Neill
Attorn y/i��zy Mayor
ATTEST:
Date:
By:
Leilani 1. Brown
City Clerk
CONTRACTOR: OCEAN BLUE
ENVIRONMENTAL SERVICES, INC., a
California corporation
Date:
By:
Maria Lee
Chief Executive Officer
Date:
By:
Justin Lee
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Ocean Blue Environmental Services, Inc. Page 13 10-16
EXHIBIT A
SCOPE OF SERVICES
Ocean Blue Environmental Services, Inc. Page A-1 10-17
SCOPE OF SERVICES
DESCRIPTION:
The City's Utilities Department requires a qualified Contractor to perform cleaning services for the
City's approximately 25 continuous deflective separation (CDS) units, approximately 375
connector pipe screens (CPS), 42 Storm Drain Structures, about 3,100 distinct catch basins and
approximately 30,000 linear feet of v-ditches, on an annual basis.
Contractor shall furnish all labor, equipment, and supervision to perform storm drain and v-ditch
cleaning services as described herein including, but not limited to, the following:
• Remove foreign objects, plant material, and other blockage -causing
debris from all catch basins, continuous deflective separation units,
storm drain structures, mainlines, and v-ditches in the City on an annual
basis between August 1 and December 31.
LEVEL OF MAINTENANCE
All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated
in the Scope of Services. Standards and frequencies may be modified as deemed necessary by
the City for the proper maintenance of the sites.
If, in the judgment of the City, the level of maintenance is less than that specified herein, the City
shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate
payment from the Contractor until services are rendered in accordance with specifications set
forth within this document and providing no other arrangements have been made between the
Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on
a scheduled day may, at the City's sole discretion, result in deduction of payment for that date,
week, or month. Payment will be retained for work not performed until such time as the work is
performed to City standard.
The Contractor is required to correct deficiencies within the time specified by the City. If noted
deficient work has not been completed, payment for subject deficiency shall be withheld for
current billing period and shall continue to be withheld until deficiency is corrected, without right
to retroactive payments.
QUALITY OF WORK AND MATERIALS
All material and equipment furnished by the Contractor shall be new, high-grade, and free from
defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in
accordance with the best standard practices. Both materials and workmanship shall be subject to
the approval of the Utilities Manager or designee. All materials used shall be approved in advance
by the Utilities Manager or designee.
The City will provide blank inspection records that will be completed by the Contractor while
servicing all locations. The Contractor shall conform to all City practices and procedures. All City
purchases will be for the sole express use of and for the City. The Contractor shall secure, store,
inventory, distribute and control all materials entrusted to the Contractor's representatives. All
materials and inventories shall be made available to the City upon request.
Contractor shall provide all tools and additional materials to complete the work.
10-18
SCOPE OF SERVICES
WORKING HOURS
Normal working hours shall be no more than nine (9) hours per day. Normal working days Monday
through Thursday are from 7:00a.m. to 4:30p.m. and Friday from 7:00a.m. to 3:30pm. After hours
work may be scheduled with Utilities Manager's approval.
WORKMANSHIP AND SUPERVISION
The work force shall include a thoroughly skilled, experienced, and competent supervisor who
shall be responsible for adherence to the specifications. All supervisory personnel must be able
to communicate effectively and clearly in English (both orally and in writing). Any order given to
supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must
be identified by name to ensure coordination and continuity.
Work shall be performed by competent and experienced workers.
All personnel working at the outlined areas shall be neat in appearance and in uniforms as
approved by the Utilities Manager or designee. All personnel shall wear identification badges or
patches, and employees working adjacent to traffic lanes must wear safety vests.
Personnel employed by the Contractor who are found not to be satisfactory by the City shall be
discharged or reassigned by the Contractor within fifteen (15) days' notice from the City.
SUPERVISION OF CONTRACT
Contractor shall designate a Project Manager to serve as the main contact for the Contractor
throughout the project. The Project Manager shall have the authority to handle and resolve any
contract disputes with the City and be experienced in supervising the requested services.
There shall be a minimum of a weekly meeting with the Contractor and the Utilities Manager or
designee to determine progress and to establish areas requiring attention. A monthly
maintenance schedule will be submitted in writing to the City by the first day of said month.
The Project Manager of this contract shall be available to meet with the Utilities Manager or
designee daily during working hours, as necessary.
CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a ninety (90) minute response time of the job
site and provide the office with phone service during normal working hours. During all other times,
a telephone answering service shall be utilized and the answering service shall be capable of
contacting the Contractor by cell phone. There will be no on -site storage of equipment or
materials. Contractor will have full responsibility for maintaining an office and on -site storage of
equipment or materials.
10-19
SCOPE OF SERVICES
SPECIFICATIONS
These specifications are intended to cover all labor, material and standards of installation to be
employed in the work called for in these specifications or reasonably implied by terms of same.
Work or materials of a minor nature which may not be specifically mentioned, but which may be
reasonably assumed as necessary for the completion of this work, shall be performed by the
Contractor as if described in the specifications.
Any specific problem area which does not meet the conditions of the specifications set forth herein
shall be called to the attention of the Contractor and if not corrected, payment to the Contractor
will not be made until condition is corrected in a satisfactory manner as set forth in the
specifications.
PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is given for said
work and the estimate is approved in writing by the City before the work is commenced.
Should a change or extra work be found necessary by the City, all changes and extra work shall
be performed at the same unit price of any proposal item listed. If the work is not listed as a
proposal item, the Contractor shall submit a fair cost for the work to be performed. A Letter Proposal
authorization will be issued by the City.
The Contractor will be required to provide before and after photographs of safety items or
emergency repairs which were made without prior City approval. Documentation of contract
compliance may be required on some occasions.
The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the
work described in the specifications or the proposal form or to omit portions of the work so
described as may be deemed necessary or expedient by the Utilities Manager or designee and
the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or
otherwise, on account of any decrease or omission of any kind of work to be done. The City shall
reduce the price accordingly. Alterations, modifications, or deviations from the work described in
the scope of services by Contractor shall be subject to the prior written approval of the City. Any
price adjustments shall be made by mutual consent of the parties in that case.
RECORDS
The Contractor shall keep accurate records concerning all of his/her employees or agents. The
Contractor shall provide this information in an organizational chart as changes in staffing occur.
The Contractor shall complete a monthly maintenance report indicating work performed and
submit this completed report to the Utilities Manager or designee. This report should also contain
a description, including staff -hours, equipment, and materials breakdowns and costs used to
accomplish any additional work which the Contractor deems to be beyond the scope of the
contract, and which has been approved by the City in accordance with the Agreement. Payment
for any extra work will not be authorized unless the additional work, and costs thereof are first
approved in writing by the City in accordance with the Agreement.
10-20
SCOPE OF SERVICES
The Contractor shall, within fifteen (15) days of the effective date of an executed agreement,
prepare and submit a written annual maintenance calendar to the Utilities Manager or designee.
This maintenance calendar shall clearly indicate all the maintenance tasks required by this
agreement and the months of the year they are scheduled to be performed. If it is necessary to
make periodic revisions to this maintenance schedule, a modified calendar must be submitted to
the Utilities Manager or designee for approval prior to the date the changes are to take effect.
The Contractor shall permit the City to inspect and audit its books and records regarding City -
provided services during regular business hours.
EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at least two qualified
persons who can be called by City representatives when emergency maintenance conditions
occur during hours when the Contractor's normal work force is not present in the City of Newport
Beach. These Contractor representatives shall respond to said emergency within ninety (90)
minutes from receiving notification.
SAFETY REQUIREMENTS
All work performed under this contract shall be performed in such a manner as to provide
maximum safety to the public and where applicable comply with all safety standards required by
CAL -OSHA. The City reserves the right to issue restraint, or cease and desist orders to the
Contract when unsafe or harmful acts are observed or reported relative to the performance under
this contract. All contractor employees shall always have access to a W.A.T.C.H. (Work Area
Traffic Control Handbook).
The Contractor shall maintain all work sites free of hazards to persons and/or property resulting
from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of
his/her operations, shall be immediately reported to the City.
Warning signs, lights, and devices shall be installed and displayed in conformity with "The
California Manual on Uniform Traffic Devices" for use in performance of work upon highways
issued by the State of California, Department of Transportation.
SCHEDULES
Contractor shall provide a schedule such that catch basin, continuous deflective separation (CDS)
units, connector pipe screens (CPS), v-ditch, and storm drain structure cleaning shall commence
in the first week of August and be completed no later than the last week of December.
10-21
SCOPE OF SERVICES
Annual Schedule
• The Contractor shall provide an annual schedule indicating the time
frames when items of work shall be accomplished per the performance
requirements.
• The Contractor shall complete the schedule for each of the thirteen (13)
functional areas in a manner which shall correspond to the monthly
schedule.
• The Contractor shall complete the schedule functional area in its
entirety prior to commencement of work in the next functional area.
• The annual schedule shall be submitted for City approval within fifteen
(15) calendar days after effective date of the contract.
• The Contractor shall submit revised schedules when actual
performance differs substantially from planned performance.
Monthly Schedule
• Monthly schedule forms shall be provided by the Contractor indicating
the major items of work to be performed in accordance with the
performance requirements and further delineate the time frames for
accomplishment by day of the week and by morning and afternoon.
• Monthly schedule shall be coordinated with street sweeping and tidal
events to minimize conflicts at the work site and accomplish work items.
• The Contractor shall complete the schedule for each item of work and
each area of work.
• The initial schedule shall be submitted one week prior to the effective
date of the contract. Thereafter, it shall be submitted monthly on the
first Monday of the month for City approval, prior to scheduling work for
the upcoming month.
• Changes to the schedule shall be received by the Utilities Manager or
designee at least twenty-four (24) hours prior to the scheduled time for
the work.
• Failure to notify of a change and/or failure to perform an item of work
on a scheduled day may result in deduction of payment for that date or
week.
• The Contractor shall adjust his/her schedule to compensate for all
holidays and rainy days. Maintenance and litter removal shall be
scheduled for all holidays and rainy days, unless otherwise indicated
by the City.
10-22
SCOPE OF SERVICES
PERFORMANCE ON SCHEDULE
The Contractor will be provided the maximum latitude in establishing work schedules which
correspond to its manpower and equipment resources. The Contractor will also be provided the
opportunity and procedure for adjusting those schedules to meet special circumstances.
Therefore, all work shall be completed on the day scheduled.
PERFORMANCE DURING INCLEMENT WEATHER & TIDAL EVENTS
During the periods when inclement weather and tidal events hinders normal operations, the
Contractor shall adjust his/her work force to accomplish those activities that are not affected by
weather.
Failure to adjust the work force to show good progress on the work shall result in deduction of
payments to reflect only the work accomplished.
The Contractor shall immediately notify the Utilities Manager or designee when the work force has
been removed from the job site due to inclement weather or other reasons.
EQUIPMENT
All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean,
and orderly manner and shall be in good working order. The Utilities Manager or designee may
reject any vehicle or piece of equipment and order it removed from the service area(s). Vehicles
and equipment must meet all current federal, State, and AQMD regulations. Contractor vehicles
used within this contract shall always bear identification signs that the contractor is performing
services for the City. The Utilities Manager or designee shall approve these signs prior to
installation by the contractor.
WATER
The Contractor will be issued construction water meter(s), which must be utilized when filling
equipment from City fire hydrants. The Contractor will be responsible for the deposit required to
obtain the water meter(s) and all charges stemming from the use of City water.
DISPOSAL
The Contractor may utilize the Storm Drain dump rack at the Municipal Operations/ Public Works
Corporation Yard to dispose of debris or such other refuse in bins as provided by the City. Said
dumping shall occur between the hours of 7:30 a.m. and 4:30 p.m. Monday through Thursday and
Friday 7:00a.m. to 3:30p.m. only. The City shall be responsible for the disposal. Each month,
Contractor shall furnish to the City any records and the amount of cubic yards of material collected
and disposed of at the Municipal Operations/ Public Works Corporation Yard.
10-23
TECHNICAL SPECIFICATIONS
INSPECTION
SCOPE OF SERVICES
Inspect all catch basins, continuous deflective separation (CDS) units, connector pipe screens
(CPS), v-ditches, and storm drain structures.
Inspect storm drain placards. The placards shall state either, "No Dumping Drains to Bay or No
Dumping Drains to Ocean." If illegible or damaged, report this to the Utilities Manager or designee
immediately.
Visually inspect all inlet and outlet pipes entering and exiting catch basins.
CLEANING
Remove foreign objects, plant material, and other blockage -causing debris from all catch basins,
continuous deflective separation units, v-ditches, main lines, and storm drain structures.
Scape floors of all structures of any construction debris (e.g., dried concrete, paint, thin set, or tile
grout).
Wash -down and recover water from all tabletops, throats, manholes, and catch basins. Contractor
shall recover all debris and water. No water, debris or other materials shall bypass Vactor
suction/vacuum tube.
City may request Contractor to perform other supplemental environmental cleaning services at the
Contractor's billable hourly rate schedule.
10-24
EXHIBIT B
SCHEDULE OF BILLING RATES
Ocean Blue Environmental Services, Inc. Page B-1 10-25
EXHIBIT B —
SCHEDULE OF BILLING RATES
Estimated Annual Cleaning
Units
Price
Unit
Estimated
Estimated
and Maintenance Services
Hours
Annual Cost
Catch Basins (serviced 1x per
year)
3,100
$61.59
Per location
ti
$190,929.00
Continuous Deflective Separation
Units (23 CDS + 8 HDS
31
$1,256.23
Per location
$38,943.13
cleanings)
Connector Pipe Screens (Every
375 CPS serviced 4x per year)
1,500
$61.59
Per location
$92,385.00
V-Ditch
30,000
$2.04
Per linear
foot
$61,200.00
Rod Line
1,800
$6.34
Per linear
foot
$11,412.00
Storm Drain Structures (42) (4-
person crew & truck) (allocate
1
$587.67
Per hour
114
$66,994.38
114 hours annually)
Emergency Response (2-person
crew & truck) (4x per year)
4
$410.76
Per hour
4
$6,572.16
Other Environmental Cleaning
$25,000.00
Services as Needed
TOTAL ESTIMATED
ANNUAL COST
$493,435.67
Year 2 of 3-Year Fixed Rate $493,435.67
Year 3 of 3-Year Fixed Rate $493,435.67
Optional Year 4 Includes 2% CPI $503,304.38
Optional Year 5 Includes 2% CPI $513,370.47
Contingency $88.018.14
Not -to -Exceed Contract
Compensation $2,585,000.00
10-26
onnm�:BLUE
ENVIRONMENTAL SERVICES. INC.
SPECIAL RATES FOR CITY OF NEWPORT BEACH
EFFECTIVE MARCH I2, 2024
DEFINITIONS
Straight Time: Monday through Friday, from 7:00 AM to 4:00 PM
Overtime: Monday through Friday, before 7:00 AM and after 4:00 PM,
and all day on Saturdays
Premium Time: Sundays, Following Holidays
HOLIDAYS OBSERVED
New Year's Day Labor Day
Martin Luther King, Jr.'s Birthday Presidents Day
Veterans Day Memorial Day
Fourth of July Thanksgiving Day
Day after Thanksgiving Columbus Day
Christmas Day
MINIMUM CHARGES
Four (4) hour minimum charges will apply to all call outs. Portal to Portal rates apply.
Time charges include personnel, equipment and materials for preparation, mobilization,
travel to and from site, demobilization, decontamination, transportation and
unloading.
DISPOSAL AND OUTSIDE COSTS
All disposal, services, non -heavy equipment rentals, and materials not on the rate sheet will
be billed at cost plus a twenty percent (20%) handling charge. Heavy equipment rental will
be billed at cost plus twenty Five percent handling charge due to high liability cost.
PREVAILING WAGE
An additional $45 per hour will be added to personnel and equipment with operator rate.
PAYMENT TERMS
All terms are net -thirty (30) days upon receipt of invoice, unless previous arrangements
have been made. All emergency response work for non -established customers is C.O.D.
10-27
OcEfln'%'.OLUE
ENVIRONMENTAL SERVICES. INC.
MARCH 12, 2024 SPECIAL RATES FOR CITY OF NEWPORT BEACH
1. HAZARDOUS WASTE -TRAINED PERSONNEL
CLASSIFICATION
HOURLY RATE
STRAIGHT OVER- PREMIUM
TIME TIME TIME
PROJECT MANAGER
165.70
217.20
217.20
SUPERVISOR
127.70
152.30
174.30
LEAD TECHNICIAN
88.40
128,80
168.20
EQUIPMENT OPERATOR
84.70
127.70
163.30
TECHNICIAN
79.90
112.90
147.30
ILWU (INT. LONGSHORE & WHSE UNION) TECH
111.70
167.00
224.60
ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ-WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120
2, CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES HOURLY RATE
UTILITY TRUCK 4X4 WITRAFFIC CONTROL LIGHTS & LIFTGATE
70.00
GEAR TRUCK WI LIFTGATE
70.00
EMERGENCY RESPONSE UNIT - LARGE
325.30
EMERGENCY RESPONSE UNIT - SMALL
226.00
VACUUM TRAILER - 20 BBL
76.10
VACUUM TRUCK - 70 BBL WI ROPER PUMP*
186.60
VACUUM TRUCK - 120 BBL*
213.60
VACUUM TRUCK - 120 BBL STAINLESS STEEL'
241.90
AIR EXCAVATOR*
186.60
OMNI VAC - 85 BBL*
346.30
JETTER 1 VACTOR COMBO UNIT*
346.30
ROLL -OFF TRUCK*
186.60
ROLL -OFF TRUCK AND TRAILER*
213.60
TRASH COMPACTOR*
260.20
45' BOX VAN*
186.60
45' FLAT BED*
186.60
25' EQUIPMENT TRAILER
49.10
DENOTES EQUIPMENT INCLUDING OPERATOR. THESE WILL BE CHARGED AN ADDITIONAL
$29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME.
3. RESPIRATORY/ CONFINED SPACE ENTRY EQUIPMENT
SELF-CONTAINED BREATHING APPARATUS (30 MIN.)
190.30
DAILY
6-PACK BREATHING AIR BOTTLES
381.80
DAILY
5-MINUTE EGRESS AIR BOTTLE
54.10
DAILY
TRIPOD W/DOUBLE WINCHES
341.30
DAILY
FULL BODY HARNESS WI SHOCK ABSORBER
49.10
DAILY
COPPUS BLOWER
276.30
DAILY
4-GAS AIR MONITOR
418.70
DAILY
PID METER
579.40
DAILY
MERCURY VAPOR ANALYZER
725.60
DAILY
OVA MONITOR
507.00
DAILY
PERSONAL 4 GAS METER
346.30
DAILY
ELECTRIC BLOWER
202.20
DAILY
PAGE 2 OF 6
10-28
OCERM�►0LUE
ENVIRONMENTAL SERVICES. INC.
MARCH 12, 2024 SPECIAL RATES FOR CITY OF NEWPORT BEACH
4. TRAFFIC CONTROL
ARROW BOARD
310.70
DAILY
PORTABLE DECON STATION W/ARROWBOARD
415.10
DAILY
BARRICADES WI REFLECTORS, EACH
45.50
DAILY
DELINEATOR/REFLECTIVE, EACH
2.50
DAILY
NO TURN RIGHT OR LEFT SIGNS, EACH
22.20
DAILY
TRAFFIC CONE/REFLECTIVE, EACH
3.70
DAILY
TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE
51.60
DAILY
5. CLEANING EQUIPMENT
AIR COMPRESSOR
58.90
HOURLY
CHEMICAL DIAPHRAGM PUMP
435.90
DAILY
DIAPHRAGM PUMP
311.90
DAILY
SUCTION/DISCHARGE HOSE (PER FOOT)
1.30
DAILY
LAYFLAT HOSE (PER FOOT)
1.30
DAILY
INTRISICALLY SAFE PUMP FOR FUEL TANKS
152.30
DAILY
PRESSURE WASHER - 1,000 PSI 22 GPM
98.20
HOURLY
PRESSURE WASHER - 3,500 PSI 6 GPM
84.70
HOURLY
ENGINE DRIVEN PUMPS
715.20
DAILY
PORTABLE TRASH PUMP
290.90
DAILY
SUBMERSIBLE PUMP
257.90
DAILY
AIR SCRUSERS PORTABLE
241.90
DAILY
HEPA FILTERS FOR SCRUBBERS
180.50
EACH
55 GALLON CARBON SCRUBBER FOR VAC TRUCKS
276.30
DAILY
6. PORTABLE STORAGE UNITS
20-YARD BIN, OPEN TOP
35.60
DAILY
20-YARD BIN, CLOSED TOP
42.90
DAILY
40-YARD BIN, OPEN TOP
35.60
DAILY
40-YARD BIN, CLOSED TOP
45.50
DAILY
4" TANK MANIFOLD
27.00
DAILY
BIN LINERS
112.40
EACH
7. OIL SPILL EQUIPMENT
20' DRUM & SUPPLY TRAILER W/ 4' SIDES & 12,000 GVW
290.90
DAILY
BOOM TRAILER (STANDBY) WI 1500' OF 8"x12" BOOM
217.20
DAILY
BOOM 8"x12" (DEPLOYED)
2.50
PER FT/DAY
BOOM 4"x12" (DEPLOYED)
1.30
PER FT/DAY
22' TOW/SPILL CONTROL BOAT WI 200 HP MOTOR
186.60
HOURLY
22' x 8' SELF POWERED BARGE
125.20
HOURLY
19' TOOL SPILL BOAT W/90HP
125.20
HOURLY
17' TOW/SPILL CONTROL BOAT W/ 40 HP MOTOR
104.40
HOURLY
12' PUNTS
49.10
HOURLY
12' PUNTS WI 5HP MOTOR
61.30
HOURLY
SPLASH ZONE 2-PART SEALER
228.30
PER GALLON
25 LBS ANCHORS W/ 15' CHAIN
20.80
DAILY
15 LBS ANCHORS W/ 10' CHAIN
14.70
DAILY
PAGE 3 OF 6
10-29
OCERn'I'mWOLUE
ENVIRONMENTAL SERVICES. INC.
MARCH 12, 2024 SPECIAL RATES FOR CITY OF NEWPORT BEACH
24" BOEYS
20.80
DAILY
ROPE MOP SKIMMER
217.20
HOURLY
DRUM SKIMMER TDS-136 WI POWER PACK
290.90
HOURLY
SKIM-PAK SERIES 4000 WI CONTROL SYSTEM
88.40
HOURLY
SKIMMER TRAILER
290.90
DAILY
ABSORBENT BOOM TRAILER
217.20
DAILY
ATV (ALL TERRAIN VEHICLE) W/TRAILER
379.30
DAILY
FORKLIFT TRAILER
137.60
DAILY
8. MATERIALS
10 GALLON DOT DRUM, STEEL
95.00
EACH
15 GALLON DOT DRUM, POLY
95.00
EACH
16 GALLON DOT DRUM, STEEL
95.00
EACH
20 GALLON DOT DRUM, STEEL
95.00
EACH
30 GALLON DOT DRUM, POLY
95.00
EACH
30 GALLON DOT DRUM, STEEL
95.00
EACH
5 GALLON DOT DRUM
25.80
EACH
55 GALLON DOT DRUM, POLY
86.00
EACH
55 GALLON DOT DRUM, STEEL
84.70
EACH
55 GALLON DOT DRUM, BIO
55.10
EACH
85 GALLON DRUM, OVERPAK, STEEL
350.00
EACH
95 GALLON DRUM, OVERPAK, POLY
350.00
EACH
ACID SPILFYTER NEUTRALIZER PER GALLON
108.00
EACH
BASE SPILFYTER NEUTRALIZER PER GALLON
108.00
EACH
BIO-SOLVE (HYDROCARBON ENCAPSULANT)
51.60
PER GALLON
BLEACH
620
PER GALLON
CHEMICAL POLY TOTES
448.00
EACH
CHLOR-D-TECT Q4000
25.80
EACH
CITRI-CLEAN, 55 GALLON
1,160.30
PER DRUM
DIESEL FUEL (EQUIPMENT)
7.50
PER GALLON
DRUM LINER
3.70
EACH
DUCT TAPE
8.50
PER ROLL
FACE SHIELD
18.40
EACH
HAND AUGER
121.60
DAILY
HEPA VACUUM FILTER PROTECTORS
28.20
EACH
HEPA VACUUM REPLACEMENT BAGS
28.20
EACH
OIL SORBENT POM POMS
79.90
PER BALE
PLASTIC BAGS
104.40
PER BOX
PLASTIC SHEETING
104.40
PER ROLL
RAGS, 50 LB BOX
94.60
PER BOX
ROPE 112 POLY, 100' ROLL
45.50
PER ROLL
ROPE 518 POLY, 100' SPOOL
51.60
PER ROLL
SAMPLE JARS - 1QT
18.40
EACH
SAND BAGS
4.80
EACH
SHRINK WRAP
42.90
ROLL
SIMPLE GREEN
18.40
PER GALLON
SODA ASH
8.50
PER GALLON
SORBENT BOOM WI JELLING MATERIAL
579.40
PER BALE
PAGE 4 OF 6
10-30
ocinn�.HLUE
ENVIRONMENTAL SERVICES. INC.
MARCH 12, 2024 SPECIAL RATES FOR CITY OF NEWPORT BEACH
SORBENT BOOM, WxIO"
76.10
EACH
SORBENT PADS 18"x18"x1I4" (2001BALE)
125.20
PER BALE
SUPERFINE, 25 LB BAG
25.80
PER BAG
TRIWALL BOXES
217.20
EACH
VACTOR FLEX HOSE 4"
2.50
PER FOOT
VACTOR FLEX HOSE 6"
3.70
PER FOOT
4' LIGHT TUBE CARDBOARD DRUM
115.30
EACH
& LIGHT TUBE CARDBOARD DRUM
89.70
EACH
9. TOOLS AND OTHER EQUIPMENT
CHEST WADERS
86.00
DAILY
CHIPPING GUNS
168.50
DAILY
CUTTING TORCH
2O9.90
DAILY
DRUM SAMPLING ROD (GLASS)
9.90
EACH
DRUM VACUUM - 55 GALLON
167.00
DAILY
EXTENSION LADDER
44.90
DAILY
FORK LIFT
306.90
DAILY
GENERATOR, 10KV TRAILER MOUNTED
49.10
HOURLY
GENERATOR, 5500 WATTS
224.70
DAILY
HAND TOOLS
73.70
DAILY
HAND WASHING STATION
70.00
DAILY
HAZ-CAT KIT
28.20
PER TEST
HEAVY DUTY JETTER NOZZLES
329.00
DAILY
HEPA VACUUM (DRY)
217.20
DAILY
HIP WADERS
73.70
DAILY
HUDSON SPRAYER
28.20
DAILY
LIFE JACKETS
22.20
DAILY
LIGHT STAND (2 BULBS)
51.60
DAILY
LIGHT TOWER (4 BULBS)
415.10
DAILY
MEALS ON SPILLS
12.20
EACH
MERCURY VACUUM
725.60
DAILY
MOTO MIX
44.90
GALLON
NON -SPARKING COLD CUTTER I RIVET BUSTER
137.60
DAILY
NON -SPARKING COLD CUTTER TIPS
42.90
EACH
PER DIEM ALLOWANCE ON TRAVEL
228.30
DAILY
PLUG & DIKE, 1 LB CAN
35.60
EACH
POLY SIPHON (POGO) PUMP
27.00
EACH
PORTABLE RESTROOM W/SINK
217.20
DAILY
PROFILING FEE (PER WASTE STREAM)
109.20
EACH
RADIO 2-WAY, INTRINSICALLY SAFE
57.80
DAILY
SAWZALL
115.40
DAILY
STIHL CUT OFF SAW
224.70
DAILY
4" TANK HOOK
106.80
DAILY
TYGUARD PATCH TOOLKIT
84.30
DAILY
TYGUARD PATCH (250')
1,011.20
PER ROLL
TYGUARD (500')
1,348.20
PER ROLL
TRANSFER HOSES, 1 - 4"
61.30
DAILY
PAGE 5 OF 6
10-31
ocinn�HLUE
ENVIRONMENTAL SERVICES. INC.
MARCH 12, 2024 SPECIAL RATES FOR CITY OF NEWPORT BEACH
TRUCK RAMPS (30,000 LBS)
VAPOR TIGHT DROP LIGHTS
VENTILATION FAN
WATER METER
WATER TANK TRAILER W/ PUMP
10. PERSONAL PROTECTIVE EQUIPMENT (PPE)
LEVEL "A"
- FULLY ENCAPSULATED GAS -TIGHT SUIT
WITH SCBA
LEVEL "B"
- POLY-TYVEK THROUGH FULLY ENCAPSU-
LATED SUIT, BUT NOT GAS TIGHT WISCBA
LEVEL "C"
- TYVEK THROUGH SARANEX SUIT WI AIR
PURIFYING RESPIRATOR
LEVEL "D"
- TYVEK, POLY-TYVEK, COVERALL OR
RAINGEAR SUIT WITH GLOVES, BOOTS,
HARDHAT AND SAFETY GLASSES
415.10 DAILY
217.20 DAILY
167.00 DAILY
363.30 DAILY
491.10 DAILY
690.00 PER SET
217.20 PER SET
94.60 PER SET
45.50 PER SET
PAGE 6 OF 6
10-32
EXHIBIT C
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
Ocean Blue Environmental Services, Inc. Page C-1 10-33
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not
less than one million dollars ($1,000,000) that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above. Such policy or policies shall include
the following terms and conditions:
A drop down feature requiring the policy to respond in the event that
any primary insurance limits are exhausted by paid claims;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
E. 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:
Ocean Blue Environmental Services, Inc. Page C-2 10-34
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.
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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Ocean Blue Environmental Services, Inc. Page C-3 10-35
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
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
Ocean Blue Environmental Services, Inc. Page C-4 10-36
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 Agreement, 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.
I. 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.
Ocean Blue Environmental Services, Inc. Page C-5 10-37