HomeMy WebLinkAboutC-8548-1 - VoidCONTRACT NO. C-8548-1
IS VOID
(NOT PASSED, NEVER ENTERED INTO)
�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
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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.
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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.
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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.
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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.
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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
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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.
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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