HomeMy WebLinkAboutC-8569-1 - M/RSA for Commerical Refuse Removal Services"9 AMENDMENT NO. ONE TO
V� MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH CR&R INCORPORATED FOR
COMMERCIAL REFUSE REMOVAL SERVICES
V
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 4th day of
April, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and CR&R Incorporated, a
California corporation ("Contractor"), whose address is 11292 Western Avenue, Stanton,
California 90880, and is made with reference to the following:
RECITALS
A. On November 19, 2019, City and Contractor entered into a Maintenance/Repair
Services Agreement ("Agreement") to perform maintenance and/or repair services
for City ("Project").
B. The parties desire to enter into this Amendment No. One to increase the total
compensation, to update Section 5.1 of the Project Manager section and update
Section 24.3 of the Notices section.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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, as amended, and incorporated herein by reference.
Contractor's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subcontractor fees, shall not exceed Seven
Hundred Fifty Six Thousand Two Hundred Fourteen Dollars and 17/100
($756,214.17), without prior written authorization from City. No billing rate changes shall
be made during the term of this Agreement without the prior written approval of City."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subcontractor fees, in an amount not to exceed One
Hundred Four Thousand Six Hundred Dollars and 001100 ($104,600.00).
2. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Julie Barreda 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."
3. NOTICES
Section 24.3 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Julie Barreda
CR&R Incorporated
11292 Western Avenue
Stanton, CA 90680"
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
CR&R Incorporate Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 4 /
By: -1A "
Aaron . Harp 10 y'775
City At rney ��zy
ATTEST:
Date: _TAW
1
By: A"Ll �m �
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California mu icipal corporation
Date: w- i12 '
Z I v
By's_ �C�`i
Gracb K. Leung
City Manager
CONTRACTOR: CR&R Incorporated, a
California corporation
Date:
Signed in Counterpart
Bv:
Clifford Ronnenberg
Chief Executive Officer
Date:
Signed in Counterpart
Bv:
David Ronnenberg
Secretary
[END OF SIGNATURES]
Attachments: Exhibit B — Schedule of Billing Rates
CR&R Incorporate Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: IF / a --I :!,�
By:
Aaron arp ms
City A�rney yNz y
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONTRACTOR: CR&R Incorporated, a
California corpo9_rat,ion
Date: zg
Chief Executive Officer
Date:
By
I
5 ecreia ry
[END OF SIGNATURES]
Attachments: Exhibit B — Schedule of Billing Rates
CR&R Incorporate Page 3
EXHIBIT B
SCHEDULE OF BILLING RATES
Location of Facilities with Bins and Service Schedule
Scheduled Services
Location
Number
of Bins
Bin
Size
Weekly
Frequency
& Da s
Weekly Cost
Balboa Yacht Basin
829 Harbor Island Dr
6
3-yd
3x
TBD
$ 340.39
Central Library
1000 Avocado Ave
2
3-yd
3x
TBD
$ 113.46
City Hall
100 Civic Center
Drive
1
3-yd
5x
M-F
$ 86.06
City Hall (Recycling)
100 Civic Center
Drive
1
3-yd
1 x
M-F
$ 40.85
Fire Station #2
475 32nd St
1
3-yd
2x
TBD
$ 41.97
Corporation Yard
592 Superior Ave
1
4-yd
1 x
TBD
$ 29.11
Fire Station #3
868 Santa Barbara
1
3-yd
2x
TBD
$ 41.97
Fire Station #5
410 Marigold Ave
1
4-yd
1x
TBD
$ 29.11
Fire Station #6
1348 Irvine Ave
1
3-yd
1 x
TBD
$ 27.29
Fire Station #7
20401 Acacia St
1
3-yd
2x
TBD
$ 41.97
Fire Station #8
6502 Ridge Park Rd
1
3-yd
1 x
TBD
$ 27.26
Lawn Bowling Center
1550 Crown Dr
2
3-yd
2x
TBD
$ 83.94
Marina Park
1600 W Balboa Blvd
1
3-yd
4x
TBD
$ 71.34
Community Center
6401 San Joaquin
Hills Rd
1
3-yd
2x
TBD
$ 41.97
Oasis Senior Center
800 Marguerite Ave
1
3-yd
3x
TBD
$ 56.73
Oil Tank Farm
5900 W Coast
Highway
1
3-yd
1 x
TBD
$ 27.29
Police Station
870 Santa Barbara
1
3-yd
6x
M-Sa
$ 100.79
Utilities Yard
949 W 16th St
3
3-yd
1 x
TBD
$ 81.86
Total Annual Cost
19 Locations
52 Weeks
$ 66, 736.28
CR&R Incorporated Page B-1
II: Washington Street Bins and Organics Collection
4 yards
6x/Week Weekly Rate
$ 693.42
7x/Week Weekly Rate
$ 790.17
Food Waste/Organic Containers
32 Gallon Cart
Cost per container per collection
$ 5.39
III: As -Needed Bin Service
As -Needed Services
Number_
of Bins
Bin Size
1 �
3-yd
1
4-yd
1
3-yd
1...
4-yd
Frequency
1x
1x
Weekly Cost
$ 27.29
$ 29.11 �
As Needed Services -Enclosed Hazardous/Environmental Waste Container
Number of Bins Bin Size Weekly Cost Monthly Cost
1 40-yd $ 125.00 $ 500.00
As -Needed Services - Enclosed Hazardous/Environmental Waste Container
Number of Bins
Bin Size
Per -Haul Cost
Per -Ton Rate
1
40-yd
$265.30
$98.84
Recurrent Services - Enclosed Hazardous/Environmental Waste Container
Number of Bins
Bin Size
Per -Haul Cost
Per -Ton Rate
1
40-yd
1 $265.30
1 $98.84
In addition, City will invoice Contractor and Contractor will pay to City, franchise fees and
environmental liability fund fees, pursuant to the terms of Contractor's current Franchise
Agreement with the City.
CR&R Incorporated Page B-2
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH CR&R INCORPORATED FOR
COMMERCIAL REFUSE REMOVAL SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 19th day of November, 2019 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and CR&R Incorporated, a California corporation ("Contractor"), whose address
is 11292 Western Avenue, Stanton, California 90680, 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 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 commence on the Effective Date, and shall
terminate on November 1, 2024, 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.
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 Six Hundred Fifty One Thousand Six Hundred Fourteen Dollars and
17/100 ($651,614.17), 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
CR&R Incorporated Page 2
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 -
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 Andrew Keratzides 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.
CR&R Incorporated Page 3
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 Public Works Department. City's
Deputy Director of Public Works, Municipal Operations, 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.
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.
CR&R Incorporated Page 4
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 and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services 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 and/or Services 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 and/or
Services, 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, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (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.
CR&R Incorporated Page 5
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
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.
CR&R Incorporated Page 6
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.
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.
CR&R Incorporated Page 7
15. 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
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.
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.
CR&R Incorporated Page 8
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.
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
20.1 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.
20.2 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.
CR&R Incorporated Page 9
20.3 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.
20.4 Contractor 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.
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
seq., 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 seg., 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
CR&R Incorporated Page 10
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: Deputy Director of Public Works, Municipal Operations
Public Works 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: Andrew Keratzides
CR&R Incorporated
11292 Western Avenue
Stanton, CA 90680
25. 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.).
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
CR&R Incorporated Page 11
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.
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.
CR&R Incorporated Page 12
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,
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]
CR&R Incorporated Page 13
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: ((/8` !9
By:
A ron C. Harp
City Attorney
ATTEST:
Date: • of ��
c
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 12-A 3 /yo i ¢
By:
Will O'Neill
Mayor
CONTRACTOR: CR&R Incorporated, a
California corporation
Date:
Signed in Counterpart
IS
Dean A. Ruffridge
Senior Vice President
Date:
Signed in Counterpart
Joyce Amato
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
CR&R Incorporated Page 14
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: 1 l lam// 9
A ron C. Harp^
City Attorney
ATTEST:
Date. -
go
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Diane B. Dixon
Mayor
CONTRACTOR: CR&R Incorporated, a
California corporation
Date -
By:
Dean A. Ruffridge
Senior Vice President
Date:
By:
J Amato
C ief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
CR&R Incorporated Page 14
EXHIBIT A
SCOPE OF SERVICES
GENERAL PROVISIONS
• Working Hours
o Normal working hours shall be between the hours of 7:00 a.m. and 5:00
p.m., Monday through Friday, and 8:00 a.m. and 2:00 p.m., Saturday and
Sunday.
• Performance
o Contractor must have a current Non -Exclusive Franchise Agreement for
Commercial Solid Waste Handling Services ("Franchise Agreement") with
the City of Newport Beach, and maintain a Solid Waste Franchise
continuously through the term of this Agreement. Contractor's current
Franchise Agreement was entered into on or about November 9, 2017 and
has a termination date of November 8, 2024. City has since approved an
amended and restated Franchise Agreement and the parties intend to enter
into the amended and restated Franchise Agreement during the term of this
Agreement. Any references to the Franchise Agreement or requirements
of the Franchise Agreement in this Agreement shall refer to the Franchise
Agreement currently in effect during the term of this Agreement.
o Contractor shall properly collect and dispose of refuse collected in the City,
over which Contractor has control, only by taking it to a fully permitted
licensed transfer station or refuse facility which is lawfully authorized to
accept that specific type of solid waste material and has been approved by
the City. Contractor agrees to assist the City and County in verifying
tonnage collected by Contractor and providing information required by the
County. Contractor will provide, within thirty (30) days of receipt of a written
request by the City, refuse tonnage collected within the County, and outside
the County (if relevant to confirming tonnage origination), separated by
jurisdiction, by load type (residential, commercial, roll -off box), and by facility
to which it was delivered (specify which transfer station).
o Contractor will provide customer service levels and route lists within thirty
(30) days of receipt of a written request by the City. Contractor will
cooperate with City or County audits to verify reported origin of tonnage and
diversion rates by making records and personnel available to the County
and/or its auditors.
o Contractor shall be properly licensed to handle and haul Hazardous Waste,
as defined in Section 9.8.1 of this Agreement. When Contractor hauls
enclosed hazardous/environmental waste containers, the Contract
CR&R Incorporated Page A-1
Administrator or designee must be informed where the material is
transported to for handling and proper disposal. The Contract Administrator
or designee must be provided with a Hazardous Waste Manifest.
o Contractor shall clean designated bins and immediately surrounding areas
at designated facilities on an as -needed basis. Contractor will be
responsible for ensuring all items in the vicinity of the bins that is safe to
handle is enclosed in a bin before servicing bin with no additional
compensation.
o Contractor shall immediately notify the City of any Hazardous Substance or
oversized items left on or around refuse containers that cannot be
immediately collected.
o Contractor shall not haul any material from City Public Works job sites under
this Agreement.
o Prior to Effective Date of this Agreement, Contractor shall provide, in writing,
information to the City where all collected refuse will be taken for processing
and disposal including the name and address of the location(s); Solid
Waste Information Systems (SWIS) number; and facility diversion rate. City
must be notified in writing by the Contractor at least thirty (30) days in
advance, and obtain City approval before any new processing and disposal
facilities are utilized by the Contractor.
o Contractor shall abide by all current and pending 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. The Contractor shall conduct a waste
assessment of each generator at each collection point within thirty (30) days
of the Effective Date of this Agreement to determine what hauling services
are required at each listed collection location. A copy of the results of the
assessments will be given to the Contract Administrator or designee within
five (5) days of completing the initial assessment. This is especially
important when considering the implementation of compliant organic
recycling programs required under AB 1826. City shall approve or reject the
proposed program within thirty (30) days of receipt. Within thirty (30) days
of approval by the City, Contractor shall implement the mandatory diversion
programs at all facilities. Upon completion of the program implementation,
Contractor shall provide a summary of all programs implemented as a result
of the waste assessments, all carts and bins utilized, training activities
conducted, and a full description of where the collected material will be
transported for processing. Contractor will be required to transport all non-
organic material collected to an approved Material Recovery Facility for
processing. Individual generators may request a single -stream recycling
program and the Contractor must oblige this request. Where applicable and
pre -approved, an organics diversion program must be implemented within
thirty (30) days of the Effective Date of this contract. Contractor must have
CR&R Incorporated Page A-2
a demonstrated ability to provide all services required in a compliant
manner.
o Contractor shall implement AB 341 and AB 1826 compliant collection
programs at all collection locations. For the purposes of this Section,
Contractor shall be found to have "implemented" an AB 341 recycling
program for a City Facility only if Contractor completes all of the steps and
requirements in the Franchise Agreement. For the purposes of this Section,
Contractor shall be found to have "implemented" a Food Scrap Diversion
Program for an AB 1826 Food Scrap Generator only if Contractor completes
all of the steps and requirements in the Franchise Agreement. Ninety (90)
days after the Effective Date of the contract and ninety (90) days after the
execution of a subsequent Franchise Agreement, the City or its agents will
inspect each collection facility as needed to verify there is a state -mandated
diversion program in place. During these assessments, the City or its agents
will note contamination present in the diversion stream(s), fullness of
containers, the presence of recoverable recyclables and organic materials
in the MSW stream to determine if the program(s) comply with AB 341 and
AB 1826. Any deficiencies will be noted, and the Contractor will have five
(5) days to correct. After five (5) days, the City will inspect again, and if any
facility is deemed to be non-compliant, the City may assess liquidated
damages, as further defined in this Exhibit "A," for every day a facility is non-
compliant. If a facility is non-compliant for longer than thirty (30) days, the
City may find the Contractor in breach of this Agreement and may terminate
this Agreement.
o Contractor shall be required to provide separate and itemized invoices for
each collection location: each City facility and for the Washington Street bin
enclosure. Balboa Village businesses receiving organic collection services
can be combined on one invoice with each location's information included.
Specific itemization that must be included on the invoices include the
address, the size of cart(s), number of carts, and collection frequency. The
Contract Administrator will provide the Contractor with a list of names and
contact information for invoicing after the contract is awarded.
o The Contractor shall use alternative fuel vehicles approved by the South
Coast Air Quality Management District for Solid Waste Collection Services.
Vehicles shall meet all requirements specified per AQMD Rule 1193.
o Contractor shall provide internal collection receptacles for AB 341 programs
and AB 1826 programs. Contractor must provide up to two (2), green or
yellow, 23 -gallon internal collection receptacles for all AB 1826 generators.
Contractor shall also provide signage, brochures, educational materials,
and offer onsite training to all AB 1826 and AB 341 generators. If a driver
notes that a recycling or organics bin is contaminated with non-recoverable
materials, the Contractor shall service the bin and leave a note for the
CR&R Incorporated Page A-3
generator notifying them of the contamination incident. On the second such
instance, Contractor shall notify the City of the contamination issue.
0 Schedule
o Contractor shall be responsible for collecting commercial refuse from
designated bins at designated facilities on a regularly scheduled basis and
additional collections as -needed within 24 hours of notice by City.
o Contractor shall repair or replace damaged bins and or containers at
designated facilities on an as -needed basis or at least within 24 hours of
notice.
o City reserves the right to increase or decrease bin size or quantity, and add
or delete facilities as deemed necessary and in accordance to the Schedule
of Billing Rates.
o Contractor will implement an AB 341 -Mandatory Commercial Recycling
program and AB 1826 -Mandatory Commercial Organics Recycling program
where required by State law and the Newport Beach Municipal Code.
COMMERCIAL REFUSE COLLECTION
I. Refuse Collection for bins at Facilities listed in Appendix A.
■ Contractor shall furnish all labor, equipment, materials, and supervision
to provide commercial refuse removal and recycling services from 3 -
yard and 4 -yard bins at least once per week and, in selected areas on a
more frequent basis, up to seven days per week to pick up waste at City -
owned or leased facilities located throughout the City of Newport Beach.
A list of City Facilities with current bin size and service frequency is
included in Appendix A along with a map titled "Refuse Collection
Facilities".
■ The Contractor is required to conduct a waste assessment of each
facility within thirty (30) days of the Effective Date of this contract to
determine what hauling services are required at each listed collection
location. A copy of the results of the assessments will be given to the
Contract Administrator within five (5) days of the assessment. This is
especially important when considering the implementation of organic
recycling programs required under AB 1826. Contractor shall include
containers/bins/carts to be used for AB 341 (recycling) and AB 1826
(organic recycling/diversion) where required.
■ Contractor shall provide 40 -yard enclosed hazardous/environmental
waste containers on an as -needed basis.
CR&R Incorporated Page A-4
II. Refuse Collection for Bins at Washington Street
■ The City provides a central collection point at Washington Street and
West Bay Avenue for solid waste generated from some of the Balboa
Village businesses. Currently, there are six (6) four -yard bins collected
six (6) days a week during non -summer months and seven (7) days a
week during summer months (Memorial Day through Labor Day).
Approximately forty-three (43) small businesses use this area for waste
disposal, including twelve (12) restaurants. City staff will work with the
Contractor to further identify all of the businesses that utilize these bins
for waste disposal. Additionally, the Contractor shall implement a
compliant AB 1826 Mandatory Commercial Organics Recycling program
at all businesses that meet the current threshold which requires an
organic collection program within ninety (90) days of the Effective Date
of this contract.
■ The Contractor shall furnish all labor, equipment, materials, and
supervision to provide commercial refuse removal and recycling
services from 4 -yard bins at the Washington Street bin enclosure and
the appropriate carts to be used for an AB 1826 compliant program.
• See maps: "Washington St. Businesses" and "Washington Street — Bin
Enclosure Usage" for location details.
LIQUIDATED DAMAGES
■ The City incurred considerable time and expense procuring this Agreement to
secure an improved level and quality of Recycling and compliance with State
Diversion mandates.
■ Liquidated Damages. The parties agree the following liquidated damages
schedule represents a reasonable estimate of the amount of damages, considering
all the circumstances existing on the date of this Agreement, including the
relationship of the sums to the range of harm to City that reasonably could be
expected in anticipation that proof of actual damages would be costly or
inconvenient:
Failure(s)* , _ Damages
Comply with City -mandated Diversion Two hundred fifty dollars ($250) per
requirements within thirty (30) calendar business day until compliant
days of notification by City
CR&R Incorporated Page A-5
Provide requested records related to the Two hundred fifty dollars ($250) per
services provided by the contract business day until completed
Collect at unauthorized locations and/or Two hundred fifty dollars ($250)
during unauthorized hours five (5) or
more times in a twelve (12) month period
Failure to collect per agreed upon
schedule without notifying the City
Project Administrator by phone or email
within two (2) hours of delay and
obtaining the approval of the Project
Administrator
Label Containers; paint vehicles and/or
Containers corporate color
Two hundred fifty dollars ($250)
Fifty dollars ($50) per business day until
corrected
Implement AB 341 recycling and One thousand dollars ($1,000) per
diversion programs as required by the occurrence
Contractor's current Franchise
Agreement within the timeframe required
by the Franchise Agreement
Implement AB 1826 Food Scrap One thousand dollars ($1,000)
Diversion Program as required in the
Contractor's current Franchise
Agreement within the timeframe required
by the Franchise Agreement
Implement AB 1826 Green Waste and Five hundred dollars ($500)
Wood Waste Diversion Program as
required by the Contractor's current
Franchise Agreement within the
timeframe required by the Franchise
Agreement
Submit complete and accurate monthly
reports
Submit timely monthly reports
Designate qualified Project Manager;
Failure of Project Manager to timely
One hundred dollars ($100) per business
day until corrected or completed
One hundred dollars ($100) — if not
submitted when due
Five hundred dollars ($500) — if not
submitted w/in thirty (30) calendar days
after due date
Fifty dollars ($50) per business day until
completed
CR&R Incorporated Page A-6
respond to City; Failure to notify Project
Administrator of change of designee
Secure or maintain vehicles or vehicle One hundred dollars ($100) per business
equipment day until completed
Remove, replace, or collect abandoned Fifty dollars ($50) per business day until
Container(s) completed
*Unless otherwise designated, reference to "failure(s)" refers to each occurrence of
specified breach (such as for each Customer or each Customer record entry or complaint)
and not for aggregate occurrences of those breaches (such as for all Customers on a
given route or day).
City's Remedies Cumulative. The rights and remedies of City set forth herein shall
be in addition to any and all other rights and privileges City may have, and shall
not be deemed to limit any such other rights or privileges of City under this
Agreement or by virtue of any law.
CR&R Incorporated Page A-7
APPENDIX A
Commercial Refuse Collection Facilities Locations
i
Scheduled Services
Location
Numb
er of
Bins
Bin Weekly
Size Frequency
& Days
Balboa Yacht Basin
829 Harbor Island Dr
6
3 -yd
3x
Central Library
1000 Avocado Ave
2
3 -yd
3x
City Hall
100 Civic Center
Drive
100 Civic Center
Drive
475 32nd St
1
1
1
3 -yd
3 -yd
3 -yd
5x
1x
2x
City Hall (Recycling)
Fire Station #2
Corporation Yard
592 Superior Ave
1
4 -yd
1x
Fire Station #3
868 Santa Barbara
1
3 -yd
2x
Fire Station #5
410 Marigold Ave
1
4 -yd
1X
Fire Station #6
1348 Irvine Ave
1
3 -yd
1x
Fire Station #7
20401 Acacia St
1
3 -yd
2x
Fire Station #8
6502 Ridge Park Rd
1
3 -yd
1x
2x
Lawn Bowling Center
1550 Crown Dr
2
3 -yd
Marina Park
1600 W Balboa Blvd
1
3 -yd
4x
Community Center
_
Oasis Senior Center
6401 San Joaquin
Hills Rd
1
3 -yd
2x
800 Marguerite Ave
5900 W Coast
Highway
1
3 -yd
3x
Oil Tank Farm
1
3 -yd
1x
Police Station
870 Santa Barbara
1
3 -yd
6x
Utilities Yard j
949 W 16th St
3
3-ydI
ix
Annual Cost
--TTotal
19 Locations
52 Weeks
CR&R Incorporated Page A-8
O u
4D OD
, <` I I/,— il
>
0
Le)
rn
.0
LL
Cl)
til
LL L
, <` I I/,— il
>
0
Le)
.0
LL
Cl)
til
LL L
tn
tu rx
U
zj
ul
LL
FfT
10
OOF
W. -
Z;
tn
CL
LL
FfT
_�=}�
i
LL
°
4E
-Se
-
IA
-,E
OOF
W. -
Z;
CI-YO06
' No,
�S�N61 , �J �O
I � �N, i � �VM
17-1\ 0
'J, ,
1 009 f
4Q
909
009
"d
vv
v Q LOS g
RN 1/,4
SS
0
aet, itZa 01r
get,/srb ela let,
t 61, Pet, LQ VIIII 61 t, stp
I 'Ir let. alba O
91 t,
/ Z
0 0" N- 6160-
;'� �� 2sID.�� --- / ct.
-d
L! 9lb Ll Slb 90D
?n
gap
04 ett, zot, 801
90,
Ot.
Pmt A.,
CYPRESS ST r RR 'T VOW
6LS LOS 0 LU
R N
>
vi -m
,z,
oozE
G-,4
PLE
CD etc za
c LS) 0
CQ ME M
--- co
(Z- 1) m-0 om
FERNANDO ST 60C
I 1
1) M 900
Z4 voc
osvLM C� 2, gor.
(9-090C "0'
60C qvVOC m cm (c- z0C
ZOC ZI, 00C
Lu 09tlto£ 00i: I
Co
C)
09 e C,4 00£C')
cORONADOST vi L
z
lZ
1 9 116
'
4
g t6-
---- I
6 ----
-
EIvOt6
E6
606 -E6906
--
DEIV906
EIVZ06
DEIV-966
SV
T SLB 4L9
CL9 SVZLS
SVOL8
L! 908
BV908
—T —
LOB
iS NIVW
tlSL
EIVL L9
(a -v) OLS
tlEL
(EI -v) 909
LLL
(G -V) 909
909
o
V609
H-vz
L 0 9 F2
09
60L
LOL
L09VLO9
-90—w—
009
ow
:E:ow--
i
� s 018
COM
a Zol.
V ZOL
l0 a
a
V OOL
tlSL
EIVL L9
(a -v) OLS
tlEL
(EI -v) 909
L09
(G -V) 909
909
Z/L 405
605
V609
H-vz
L 0 9 F2
09
H -V
L09VLO9
-90—w—
009
:E:ow--
i
� s 018
---
to -V) 9L4
(0-v) nt,
en ut,
ZLP
eA OLP
UP 11
(S -V) gov
Z
(S -V) got, 0
(S -V) vot, �z
zn e6
ZO,
. u
(0-v) 001, 0
INC
ISLE
z L—C.
OLE
(a -v) soc
Z11 -C
LLC -90E
voc
(Z- ZOE:
LLZ w
cc:
0
0
V091V9 LL
0 0
0
LL z
0 *
�i
EIVL L9
(a -v) OLS
(EI -v) 909
L09
(G -V) 909
909
Z/L 405
605
E05
-i�
L 0 9 F2
(0-v) 009
---
to -V) 9L4
(0-v) nt,
en ut,
ZLP
eA OLP
UP 11
(S -V) gov
Z
(S -V) got, 0
(S -V) vot, �z
zn e6
ZO,
. u
(0-v) 001, 0
INC
ISLE
z L—C.
OLE
(a -v) soc
Z11 -C
LLC -90E
voc
(Z- ZOE:
LLZ w
cc:
0
0
V091V9 LL
0 0
0
LL z
0 *
�i
bla v
w
V Sto o"
iS NINW
b3
a
BeB
_
l09
(a-v)0L9
r `
)M
of
r•
o
n 10 -1'0z -
i ` OOf
NOlONiysby�
aVb{.6 8916
._"916
ns
(0V)
b16
sis
sis Z/l Z16
ii
8--606 806
---
8bf06 D8_--906-----
D8bS06 ____-
3-b006
3- 06
zn s!e n
£l8 --8bZL8
8HOL8
in a00-aqa.
8--'908
T
Tv ooL
009 N
H.
809
�N�SSO(YOcp
Q.
I
0 009
) N
rn
oe 13 bye yd
H ^,
Or
E0.9as
'0s
tss
b
0£b
oOS
b 9Zb <Zb OZb
b 9ep 5Z6 9lb
let,
> elb bZb w I£zb 9cb
sl sdb
b v� U(
ti ti <Gb 'let, Q //"' ala -
C7 zf aD 9Lb
S`Q lb -. zitOZD Q r6la Z[ti 2 s!D 9,p --
C9 y zjBCb
Ob Etb fob 90D
zL-L N _ soy
at b➢ Ao
CYPRESS ST
6L£" WE ry N NNrh j Vose
�r
(/ v z/L 9Z£
ZIL 4tbLC \Q-V� -_ 9Z£_
I ZIL bZE
zn
nit;
5L£- — bZ£
in ete
ZI LZIL OZ£ W
o �;o ziL-otots ete oz£ Q
M MSM
(z -Atte
OLE J
FERNANDO ST 60£ c0
�!I
(o -A M oro c eo£ cos 90£ Q
/oBtlLL£ c) �^�l e'1lM MIM 8tlb0E zlt soe I� (E-L)ZOE!
�m
.f eveoe _
�
z/Looe I Q
Vow
iS NINW
b3
N ' 911
fVLE99
(a-v)0L9
r•
o
l lL
tle99
699
wvvZoL
909
OLf
roes
009
LLL
—Z/14405
909
E09
9L99
tl109
60L
Fr�
$
LOL
90L
EOL
v ZOL_
_n _j s
----ems
Tv ooL
009 N
H.
809
�N�SSO(YOcp
Q.
I
0 009
) N
rn
oe 13 bye yd
H ^,
Or
E0.9as
'0s
tss
b
0£b
oOS
b 9Zb <Zb OZb
b 9ep 5Z6 9lb
let,
> elb bZb w I£zb 9cb
sl sdb
b v� U(
ti ti <Gb 'let, Q //"' ala -
C7 zf aD 9Lb
S`Q lb -. zitOZD Q r6la Z[ti 2 s!D 9,p --
C9 y zjBCb
Ob Etb fob 90D
zL-L N _ soy
at b➢ Ao
CYPRESS ST
6L£" WE ry N NNrh j Vose
�r
(/ v z/L 9Z£
ZIL 4tbLC \Q-V� -_ 9Z£_
I ZIL bZE
zn
nit;
5L£- — bZ£
in ete
ZI LZIL OZ£ W
o �;o ziL-otots ete oz£ Q
M MSM
(z -Atte
OLE J
FERNANDO ST 60£ c0
�!I
(o -A M oro c eo£ cos 90£ Q
/oBtlLL£ c) �^�l e'1lM MIM 8tlb0E zlt soe I� (E-L)ZOE!
�m
.f eveoe _
�
z/Looe I Q
Vow
SID
fVLE99
(a-v)0L9
L 9L9
H -V e HVz
tle99
699
wvvZoL
909
roes
009
—
—Z/14405
909
E09
9L99
tl109
LOS F? Lwmoo9
ZR 9LE
5LE (9-v) tiL£
£LE ZLE
OLE
(9-V) 8o£
ZIL soc
ILL£ 90E
I 40£
(z- L) Z0£
ut aat__
LLO£E.L 1A W00c
..m
' Dav£oE V I � 0 0 00£
M .- a M
C7 ivLoe M I, " �I" M M SLZ
-- Z16tZ
Q� `LO£ 6lZ 9LZ su
Z/L 9LZ —' _---
J ZR6LZ._. 9LZ
j' CORONADO ST LLZ 9LZ ILLZ
r znaz 4LZ
I
v08Th'8
S
4Ma •
O P
m
o'er
a
3 V7
3 p
Z a Z N
mwcn o � rn
u�
4
BdLLS
(a-v)0L9
eos°S
809
L09
(8-v) 909
909
—
—Z/14405
Eos
aos
LOS F? Lwmoo9
ZR 9LE
5LE (9-v) tiL£
£LE ZLE
OLE
(9-V) 8o£
ZIL soc
ILL£ 90E
I 40£
(z- L) Z0£
ut aat__
LLO£E.L 1A W00c
..m
' Dav£oE V I � 0 0 00£
M .- a M
C7 ivLoe M I, " �I" M M SLZ
-- Z16tZ
Q� `LO£ 6lZ 9LZ su
Z/L 9LZ —' _---
J ZR6LZ._. 9LZ
j' CORONADO ST LLZ 9LZ ILLZ
r znaz 4LZ
I
v08Th'8
S
4Ma •
O P
m
o'er
a
3 V7
3 p
Z a Z N
mwcn o � rn
u�
4
EXHIBIT B
SCHEDULE OF BILLING RATES
Location of Facilities with Bins and Service Schedule
Scheduled Services
Location
Numb
er of
Bins
Bin
Size
Weekly
Frequency
& Da s
Weekly Cost
Balboa Yacht Basin
829 Harbor Island Dr
6
3 -yd
3x
TBD
$ 340.39
Central Library
1000 Avocado Ave
2
3 -yd
3x
TBD
$ 113.46
City Hall
100 Civic Center
Drive
1
3 -yd
5x
M -F
$ 86.06
City Hall (Recycling)
100 Civic Center
Drive
1
.3 -yd
1x
M -F
$ 40.85
Fire Station #2
475 32nd St
1
3 -yd
2x
TBD
$ 41.97
Corporation Yard
592 Superior Ave
1
4 -yd
lx
TBD
$ 29.11
Fire Station #3
868 Santa Barbara
1
3 -yd
2x
TBD
$ 41.97
Fire Station #5
410 Marigold Ave
1
4 -yd
1x
TBD
$ 29.11
Fire Station #6
1348 Irvine Ave
1
3 -yd
1x
TBD
$ 27.29
Fire Station #7
20401 Acacia St
1
3 -yd
2x
TBD
$ 41.97
Fire Station #8
6502 Ridge Park Rd
1
3 -yd
1x
TBD
$ 27.26
Lawn Bowling Center
1550 Crown Dr
2
1
3 -yd
3 -yd
2x
4x
TBD
TBD
$ 83.94
$ 71.34
$ 41.97
Marina Park
1600 W Balboa Blvd
6401 San Joaquin
Hills Rd
Community Center
1
3 -yd
2x
TBD
Oasis Senior Center
800 Marguerite Ave
1
3 -yd
3x
TBD
$ 56.73
Oil Tank Farm
5900 W Coast
Highway
1
3 -yd
lx
TBD
$ 27.29
Police Station
870 Santa Barbara
1
3 -yd
6x
M-Sa
$ 100.79.
Utilities Yard
949 W 16th St
3
3 -yd I
lx
TBD
$ 81.86
Total Annual Cost
19 Locations
52 Weeks
$66,736.28
CR&R Incorporated Page B-1
II: Washington Street Bins and Organics Collection
III: As -Needed Bin Service
As -Needed Services
Number of Bins Bin Size
1 3 -yd
Weekly Weekly Cost
Frequency
1 x $ 27.29
Daily Cost
1 4 -yd 1x $ 29.11
1 3 -yd $ 24.56
1 4 -yd $ 26.20
1FAs-Needed Services -Enclosed Hazardous/Environmental Waste
Container
Number of Bins Bin Size Weekly Cost Monthly Cost
1 40 -yd $ 125.00 $ 500.00
In addition, City will invoice Contractor and Contractor will pay to City, franchise fees and
environmental liability fund fees, pursuant to the terms of Contractor's current Franchise
Agreement with the City.
CR&R Incorporated Page B-2
4 yards
6x/Week Weekly Rate
$ 693.42
7x/Week Weekly Rate
$ 790.17
Mim
Food Waste/Organic Containers
32 Gallon Cart
Cost per container per collection
$ 5.39
III: As -Needed Bin Service
As -Needed Services
Number of Bins Bin Size
1 3 -yd
Weekly Weekly Cost
Frequency
1 x $ 27.29
Daily Cost
1 4 -yd 1x $ 29.11
1 3 -yd $ 24.56
1 4 -yd $ 26.20
1FAs-Needed Services -Enclosed Hazardous/Environmental Waste
Container
Number of Bins Bin Size Weekly Cost Monthly Cost
1 40 -yd $ 125.00 $ 500.00
In addition, City will invoice Contractor and Contractor will pay to City, franchise fees and
environmental liability fund fees, pursuant to the terms of Contractor's current Franchise
Agreement with the City.
CR&R Incorporated Page B-2
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 officers, officials,
employees, agents, and any person or entity owning or otherwise in legal
control of the property upon which Contractor performs the Project
and/or Services contemplated by this Agreement.
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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) completed operations
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) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
CR&R Incorporated Page C-1
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
vehicles, in an amount not less than ten million dollars ($10,000,000)
combined single limit for each accident.
D. Pollution Liability Insurance. Contractor shall maintain pollution liability
insurance covering all of the Contractor's operations to include onsite and
offsite coverage for bodily injury (including death and mental anguish),
property damage, non -owned disposal site liability, defense costs, cleanup
costs, and pollution conditions that arise from or in connection with the
transportation (including loading and unloading) by or on behalf of the
Contractor, of any waste or waste materials. Coverage shall be provided for
both sudden and accidental, and gradual and continuous pollution events
with limits no less than five million dollars ($5,000,000) each loss and ten
million dollars ($10,000,000) in the aggregate . The policy shall not exclude
any hazardous materials for which there is an exposure. If all or any portion
of the pollution liability coverage is available only on a claims -made basis,
then a 10 -year extended reporting period shall also be purchased. 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 elected or appointed officers, agents, officials, employees,
volunteers, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement 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,
excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide
that City, and its officers, officials, employees, agents, and any person or
CR&R Incorporated Page C-2
entity owning or otherwise in legal control of the property upon which
Contractor performs the Project and/or Services contemplated by this
Agreement shall be included as additional 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) days
notice of cancellation (except for nonpayment for which ten (10) 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 contract. City
reserves the right to require complete, certified copies of all required
insurance policies, any time.
B. CitV'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 ninety (90) calendar days advance
written notice of such change.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
contracts 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 contracts will not impose any liability on
City, or its employees.
D. Enforcement of Contract 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.
CR&R Incorporated Page C-3
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 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.
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.
CR&R Incorporated Page C-4
From: EXIGIS RiskWorks <notifications@riskworks.com>
Sent: Monday, December 23, 2019 11:21 AM
To: Morgan, Shelby
Subject: City of Newport Beach: Notice of Waiver for CR&R Incorporated
Dear Business Partner,
City of Newport Beach has completed its review of the insurance documentation submitted on
behalf of CR&R Incorporated and has waived its standard insurance requirements.
The following comments were provided: Evaluation waived by reviewer
No further action is required at this time. You will receive a renewal notice requesting the
submission of updated insurance documentation in advance of expiration.
If you have any questions, please contact EXIGIS Risk Management Services at
supportgexi is.com or 800-430-1589.
Thank you for your cooperation and timely fulfillment of this important request.
Sincerely,
EXIGIS Risk Management Services
On behalf of City of Newport Beach
800-430-1589
supportgexi ig s.com
Organizational Unit: City of Newport Beach -> Public Works
Agreement Name: Commercial Refuse Removal Services