HomeMy WebLinkAboutC-7371-3 - On-Call M/RSA for As-Needed Disposal Services for Asbestos Cement (AC) Pipe and Other Hazardous Itemst ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
v WITH EWASTEDISPOSAL INC. FOR
AS -NEEDED DISPOSAL SERVICES FOR ASBESTOS CEMENT PIPE AND OTHER
HAZARDOUS ITEMS
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 31 st day of October 2023 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and EwasteDisposal Inc., a California corporation
("Contractor"), whose address is 1048 Irvine Avenue, Suite 1069, Newport Beach, CA
92663, 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 on -call maintenance and/or repair
services for City consisting of asbestos cement pipe and other hazardous disposal
services ("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
1.1 The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 31, 2026, unless terminated earlier as set forth herein.
1.2 City shall have the option, in its sole discretion, to extend the term of this
Agreement for two (2) additional successive terms of one (1) year each, the first
commencing on the expiration of the initial term, and the second commencing on the
expiration of the first additional term, on the same terms and conditions as contained in
this Agreement. City may exercise the option to extend the term of this Agreement by
providing written notice to the Contractor thirty (30) days prior to the expiration of of the
active term.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
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 and the Letter Proposal. 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 and the Letter Proposal,
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.
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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 Letter Proposal
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
but not limited to, the original term, any successive terms, and all reimbursable items,
shall not exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00),
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 -
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 and the Letter Proposal, 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
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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
and the Letter Proposal.
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 Thomas Abercrombie to be
its Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. City's Utilities
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
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
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experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
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).
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9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
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: (1) a Labor and Materials Payment Bond in the amount of one
hundred percent (100%) of the total amount to be paid Contractor as set forth in this
Agreement and in the form attached hereto as Exhibit D which is incorporated herein by
this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent
(100%) of the total amount to be paid Contractor as set forth in this Agreement in the form
attached hereto as Exhibit E which is incorporated herein by this reference.
15.2 The Labor and Materials Payment Bond and 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,
Labor and Materials Payment Bond
the "Certificate of Authority" of t
Commissioner, which authorizes the
State of California.
16. PREVAILING WAGES
concurrently with execution of this Agreement, the
and Faithful Performance Bond, a certified copy of
he Insurer or Surety issued by the Insurance
Insurer or Surety to transact surety insurance in the
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
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holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
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.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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 and the Letter Proposal. 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.
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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.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
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.
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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") 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.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
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: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Thomas Abercrombie
EwasteDisposal Inc.
1048 Irvine Avenue, Suite 1069
Newport Beach, CA 92663
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
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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.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
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,
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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.
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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]
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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: 117 0,r
By:
Ap on C. Harp �s
City Attorney
3
ATTEST: �y
Date: 1A.20, 2Q
By: �&" C�
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: j421120 y3
By:
Gr . Leung
Manager
CONTRACTOR: EwasteDisposal Inc., a
California corporation
Date: 'mil /
B • '1
mas Abercrombie
Chief Executive Officer
Date: ( I
3
By: i ;A� >
Victoria Abercrombie
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D —
Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
EwasteDisposal Inc. Page 14
EXHIBIT
SCOPE OF SERVICES
EwasteDisposal Inc. Page A-1
SCOPE OF SERVICES
Objective:
Contractor shall provide the following services to the City, under the direction of the Utilities
Department, which will identify specific tasks and deliverables, on an as -needed basis.
Minimum Qualifications:
• The required qualifications include at least five (5) years of experience and possession of
any required Federal (i.e., USEPA) State and local certifications and/or permits to collect,
transport, and properly dispose of Asbestos Cement (AC) pipe and valves.
• The required qualifications include at least five (5) years of experience and possession of
required State and local certifications and/or permits to collect, transport, and properly
dispose of universal, household, and electronic waste items.
Description:
General Nature of the Work:
On an annual basis, the City of Newport Beach Water Division removes approximately 50
segments of asbestos cement (AC) pipe and water valves from its water system. After removal of
the AC pipe and water valves, the City crews will place the items in a specialized storage container
for proper disposal and transport to a certified disposal facility. The water valves range in size
from 3 inches to 12 inches in diameter and weigh between approximately 42 and 279 pounds
each. The items shall be removed from the Utilities Yard within ninety days of removal from
the underground water system, or sooner if the storage bin is full.
Contractor shall be responsible for the collection and proper handling, disposal and transport of
the AC pipe, debris containing asbestos cement material (ACM), and water valves containing AC
pipe from the Utilities yard. Due to the nature of the items to be disposed and related State
regulations, it is estimated that Contractor will be required to perform the services of collection,
transport, and disposal of the AC pipe and valves to a certified and licensed disposal facility at
least four times per year. The following is a detailed list of the scope of work:
1) Properly handle and remove asbestos cement pipe and valves from Contractor -provided
metal enclosed storage container(s).
• Contractor shall provide the City of Newport Beach Water Division, at no monthly
rental charge, up to two properly labeled and securely enclosed metal
storage/refuse containers for AC pipe and ACM, with a sealed lid and locking
capabilities, that is stored at the Utilities yard throughout the contract term. If more
than one container is needed to store the disposed AC pipe and ACM, then
Contractor shall provide additional containers at no additional cost.
• Should Contractor remove a storage container from the project site for the
purposes of transport and disposal of AC pipe and ACM, Contractor shall provide
the City with a replacement, securely enclosed metal storage container within two
business days.
• All regulated AC pipe and other asbestos containing material should be handled in
accordance with the Asbestos NESHAP and should be disposed of at a landfill
authorized to accept asbestos waste.
SCOPE OF SERVICES
2) Separate the disposed AC pipe from the water valves, if necessary. If unable to remove
all AC pipe and ACM from the valves, then the valves would be wrapped as necessary
and hauled and disposed along with the AC pipe and ACM.
3) Prior to exiting the Utilities yard, Contractor shall ensure that all AC pipe and ACM
designated for disposal and transport is properly wrapped as required by all pertinent State
and Federal rules and regulations.
• Contractor shall double bag with 6-mil polyethylene sheeting to yield a total of at
least 12-mil, the AC pipe in compliance with applicable current Federal, State, and
local regulations, laws, ordinances, rules, standards, and regulatory agency
recommended requirements.
4) Prior to exiting the Utilities yard, Contractor shall properly label the AC pipe waste and
ACM as required by all pertinent State and Federal rules and regulations that govern the
safe handling of AC pipe and materials.
• Prior to exiting the project site, Contractor shall take photos of all AC pipe and ACM
that is to be removed from the Utilities yard. Contractor's photos shall demonstrate
that the AC pipe and ACM is properly wrapped and labeled for transport and
disposal at a certified landfill disposal facility.
5) Prior to exiting the Utilities yard with the AC pipe and ACM designated for transport and
disposal, Contractor shall prepare and fill out the Uniform Hazardous Waste Manifest in
accordance with all Federal, State and local applicable laws, rules and regulations that
govern the transport of hazardous materials such as AC pipe and ACM.
A copy of the Manifest that documents the asbestos waste and indicates where
the waste will be disposed, is to be submitted to City's Project Manager.
• Contractor's invoices will not be paid until the City Project Manager has received
a legible copy of the Manifest for all AC pipe and ACM items transported and
disposed of at a regulatory -approved, certified and licensed landfill disposal facility
that is allowed to accept such ACM waste items.
6) Contractor shall transport and dispose the AC pipe and ACM waste to a certified, licensed
landfill disposal facility that is allowed to accept such ACM waste in accordance with all
U.S.EPA, Cal -EPA, Cal -Recycle, California Air Resources Board, and SCAQMD
requirements and complies with all applicable Federal, State, regional and local governing
bodies' rules and regulations.
7) All work performed under this scope of services shall be performed in accordance with the
laws, regulations, and standards set by the USEPA, Cal -EPA, OSHA, Cal -OSHA. NIOSH
and SCAQMD and any other governmental agency that governs the proper handling,
disposal, and transport of AC pipe and ACM debris.
Specifically, Contractor will be required to comply with U.S. EPA regulations
(29 CFR 1910 for collecting, packing, transporting, and disposing of asbestos
containing materials) and comply with Title 8 Section 1529.
SCOPE OF SERVICES
In California, asbestos totaling more than 50 pounds must be transported by a registered
hazardous waste hauler to an approved treatment, storage, or disposal facility. The amount of
waste to be disposed of and transported under this work project will exceed 50 pounds and
therefore, will be subject to this requirement.
Contractor shall provide sufficient number of personnel to safely perform each collection, removal,
transport and disposal of AC pipe and ACM debris collected from the Utilities Yard.
SCOPE OF SERVICES
Special Conditions:
This section includes special conditions and requirements for the removal, handling, and disposal
of asbestos cement (AC) pipe and other asbestos containing materials (ACM) related to the AC
pipe work. AC pipe is also known as transite pipe. AC pipe typically contains approximately 15 to
20 percent chrysotile and crocidolite asbestos and is considered to be ACM. For the purposes of
this project, any cementitious pipe shall be assumed to contain regulated levels of asbestos.
Typically, AC pipe is classified as non -friable unless damaged or broken, at which time its
classification changes to friable ACM. The handling of this material is governed by National
Emissions Standards for Hazardous Air Pollutants (NESHAP) and the Occupational Safety and
Health Administration (OSHA). To comply with NESHAP and OSHA regulations, this project may
require workers with specialized training using wet work procedures to cut AC pipe, AC pipe joints,
and valves (any type) containing ACM.
To meet applicable NESHAP and OSHA guidelines, the Contractor handling or removing the AC
water pipe shall be a United States Environmental Protection Agency (USEPA) accredited
Contractor.
Regulatory References:
The Contractor shall comply with, at minimum, the following specific regulations:
1) OSHA, including but not limited to:
• Title 29 Code of Federal Regulations Section 1910.1001- General Industry
Standard for Asbestos
• Title 29 Code of Federal Regulations Section 1910.134 - General Industry
Standard for Respiratory Protection
2) U.S.EPA including but not limited to:
• Title 40 Code of Federal Regulations Part 61 Subpart M - National Emission
Standard for Asbestos
• Title 29 Code of Federal Regulations Section 1910
3) Cal -EPA including but not limited to:
• California Code of Regulations, Title 8, Section 1529, Asbestos
4) SCAQMD Rule 1403
The following work practices and engineering controls shall not be used for work related to AC
pipe or for work, which disturbs ACM regardless of asbestos exposure or the results of the initial
exposure assessment:
a. High-speed abrasive disc saws and sanders not equipped with point of cut ventilator or
enclosures with HEPA filtered exhaust air. If a saw is to be used, it must also have
continuous water techniques.
b. Carbide -tipped cutting blades
C. Electrical drills, chisels, and rasps used to make field connections in AC pipe
d. Shell cutters used to cut entry holes in AC pipe.
e. A hammer and chisel without wet techniques to remove pipe connections
SCOPE OF SERVICES
f. Compressed air used to remove asbestos or material containing asbestos
g. Dry sweeping, dry shoveling or other dry clean-up of dust and ACM debris.
h. Employee rotation as a means of reducing employee exposure to asbestos.
Asbestos Waste Disposal and Transport Guidelines:
The Cal -EPA Air Resources Board NESHAP Program enforces compliance with the federal
National Emissions Standards for Hazardous Air Pollutants (NESHAP) regulation for asbestos.
Under the Asbestos NESHAP Program, asbestos wastes must be contained and transported in
one of the following ways:
In sealed, leak -tight, and non -returnable containers (e.g. plastic bags of two - 6mm
thickness, cartons, drums, or cans) from which fibers cannot escape. Wastes within
the container must be adequately wetted to prevent blowing of fibers in case the
container is broken.
2. For bulk wastes that will not fit into container s without additional breaking, place
wastes into sealed and leak -tight wrapping after wetting. If the wastes are to be placed
directly in trailer or drop -boxes, the trailer or drop -box should be lined with plastic
sheeting. The wastes should be wetted to prevent blowing of fibers in case the
wrapping is broken. The wrapping should be sealed (e.g. with duct tape) and the trailer
or drop -box should be covered with a tarp.
3. The wrappings shall also be imprinted with United States Department of
Transportation (USDOT) required markings.
A. Location of Utilities Yard:
The Utilities Yard location is the City of Newport Beach -Utilities Department, 949 West 16th
Street, Newport Beach, CA 92663
B. Working Hours:
Normally scheduled work hours will be from 7:00 AM to 4:00 PM Monday through Thursday, and
7:00 AM to 3:00 PM on Fridays.
C. Safety Requirements:
Due to the nature of the work to be performed under the scope of services - handling, packing,
collection, transport, and disposal of ACM and other hazardous materials- the Contractor must
adhere to the following safety requirements throughout the term of the contract. In addition, the
Contractor and all employees assigned to perform the services described in this scope of services
shall act in accordance to California Code of Regulations (CCR), Title 8, Section 1529, Asbestos.
SCOPE OF SERVICES
1) Personal Protective Equipment (PPE
The Contractor shall ensure that all applicable worker health and safety regulations are properly
applied at the project work site. All required medical monitoring, worker health, and safety
monitoring, and PPE shall be provided by the Contractor. Lastly, all use of Personal Protective
Equipment (PPE) shall be in compliance with applicable OSHA regulations and procedures.
The minimum PPE is Level D Modified (hard hat, safety glasses/goggles, and steel -toed boots)
at all times at the specified Utilities yard work area.
2) Respiratory Protection
For Contract of employees who use respirators required by CCR Title 8 Section 1529, Asbestos,
the Contractor must provide respirators that comply with the requirements of Section 1529 and
its pertinent subsections.
3) Protective Clothing
The Contractor shall provide or require the use of protective clothing, such as coveralls or similar
whole -body clothing, head coverings, gloves, and foot coverings for any employee that will
perform the work under the scope of services herein and/or is exposed to airborne concentrations
of asbestos that exceed the TWA and/or excursion limit prescribed in CCR Title 8 Section 1529,
Asbestos. Furthermore, the Contractor shall prohibit the removal of asbestos from protective
clothing and equipment by blowing, shaking, or brushing.
The Contractor shall not furnish equipment or materials that have been altered in such a manner
that violates local, state, and/or federal codes and regulations, or presents unnecessary health
and safety risk.
E. Inspection and Approval:
All work and materials required shall be subject to the inspection and approval of the City
representative.
SCOPE OF SERVICES
During the course of the contract term, the Contractor is responsible for notifying the City of any
new Federal, State or local regulation that could potentially impact the Contractor's ability to
perform the scope of services under this contract.
In addition to the collection, transport, and proper disposal of AC pipe and ACM, this scope of
services shall also include the collection, transport and proper disposal of other forms of
hazardous waste including but not limited to the following categories of waste that are banned
from and cannot be safely disposed at landfills:
1) Universal (U-waste) and Hazardous Household Waste (HHW) — items in these categories
include, but are not limited to, the following items:
• Fluorescent lamps and tubes
• Batteries
• Non -empty Aerosol cans
• Solvents such as paint thinners, fingernail polish remover
• Thermostats that contain mercury
• Flammables such as solvent -based paints, and reactive materials
• Pesticides and herbicides
• Pool chemicals and cleaners
• Antifreeze
• Motor oil and filters
• Any mercury containing items.
2) Electronic Waste (E-waste)
• Computer and television monitors (includes CRT, LCD, Plasma monitors)
• Laptop computers, computers central processing units (CPUs) and tablets
• Electronic devices such as printers, VCRs, cell phones, cordless phones,
telephones, radios, microwave ovens, fax machines, and answering machines.
EXHIBIT B
SCHEDULE OF BILLING RATES
EwasteDisposal Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Asbestos Cement (AC) Pipe and Asbestos Containing Materials (ACM) Disposal
Costs
1st Collection, Transport and Disposal
Per Container*
$7,190.00
The first collection includes: collect and
prepare all AC pipe, valves and ACM items for
transport with appropriate wrapping, labeling,
and identification for Manifest. Dropping off an
empty container at the project site for future
collections. *The volume of items to be
collected may require disposal of more than
one container for the first collection
Subsequent Collections
Per Container*
$4,922.00
City will place AC pipe, valves and ACM items
in the vendor -provided container bin(s) and
vendor will be required to provide a new
container bin at the time of collections. *The
Container used for all collections should have
the following approximate dimensions: 22 feet
in length, 8 feet wide, and 7 feet high; with a
volume capacity of approximately 10 tons.
All costs are included, including but not limited
to, vendor labor, materials and equipment,
transportation (fuel vehicle use), insurance,
tipping fees for disposal at certified facility.
Effective September 1, 2024, and each September 1st thereafter during contract term, the per
container cost for subsequent collections will include any CPl adjustments as allowed under the
Agreement with the City.
Other Waste Collected (Includes items
categorized by State of California as HHW,
U-WASTE, E-WASTE)
Per Pound/ Pallet/
Drum/ Gaylord Box
Cost per Unit of
Measure
HAZARDOUS
FLAMMABLE
CYB
$921.00
CORROSIVE
CYB
$870.00
LIQUIDS
55 Gallon Drums
$369.00
SOLIDS
55 Gallon Drums
$411.00
NOW HAZARDOUS
AEROSOLS
55 Gallon Drums
$680.00
MIXED PAINTS
CYB
$879.00
PAINTS
CYB
$919.00
MIXED ELECTRONICS (items usually
with a cord)
Pallet/pd
$10.32
Contractor will include 12% energy/fuel surcharge on each invoice. $85 Manifest Fee and
$125 Profile Fee.
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
EwasteDisposal Inc. Page C-1
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 o-r 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.
EwasteDisposal Inc. Page C-2
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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
EwasteDisposal Inc. Page C-3
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
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.
EwasteDisposal Inc. Page C-4
WN:I1:1` 9f,
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
EwasteDisposal Inc. hereinafter designated as the "Principal," an agreement for
maintenance and/or repair 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, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of One Hundred Twenty Thousand Dollars ($120,000.00), lawful money of
the United States of America, said sum being equal to 100% of the estimated amount
payable by the City of Newport Beach under the terms of the Agreement; 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 subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
EwasteDisposal Inc. Page D-1
And Surety, for value received, hereby 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 wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named 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 above
named Principal and Surety, 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:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
EwasteDisposal Inc. Page D-2
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 I 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)
EwasteDisposal Inc. Page D-3
EXHIBIT E
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
EwasteDisposal Inc. hereinafter designated as the "Principal," an agreement for As -
Needed Disposal Services for Asbestos Cement Pipe and Other Hazardous Items, 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 One
Hundred Twenty Thousand ($120,000.00) lawful money of the United States of America,
said sum being equal to 100% of the estimated 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
EwasteDisposal Inc. Page E-1
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:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
EwasteDisposal Inc. Page E-2
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
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.
(seal)
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)
EwasteDisposal Inc. Page E-3
Welcome jrosenbaum 4 248 �+ 79 ® U
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Insured Name
EwasteDisposal Inc (FV00001( l ` 1
EwasteDisposal Inc (FV00001098)
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Name:
Account Number:
Address:
Status:
nj View ssi Insured
EwasteDisposal Inc
FV00001098
1048 Irvine Avenue, Suite 1069,
Newport Beach, CA, 92660
Compliant with Waived Deficiencies.
Insured
Business Unit(s) Print Insured Info
Account Information
Account Number: FV00001098
Risk Type: Maintenance/Repair
Services Agreement
Do Not Call: Address Updated:
Address Information
Mailing Address Physical Address
Insured: EwasteDisposal Inc
Address 1: 1048 Irvine Avenue,
Suite 1069
Address 2:
City: Newport Beach
State: CA
Zip: 92660
Contract Information
Contract Number
Contract Start Date: 10/31/2023
Contract Effective Date:
Description of Services: As -Needed
Disposal Services
for AC Pipe and
Other Hazardous
Items
Contact Information
Contract End Date:
Contract Expiration Date:
Safety Form II:
Contact Name:
Thomas Misc:
Abercrombie
Phone Number:
9494668857 Alt Phone Number:
Fax Number:
E-Mail Address:
ewastedisposal@gmail.com
Approval Date
Rush: No
Contract on File: No
Certificate Received: No
Indemnification Agreement: No
Tax Id:
This Account created by LGA on 11 /20/2023.