HomeMy WebLinkAboutC-3514 - Professional Environmental Services; Preparation of Environmental Impact Report for Church of Jesus Christ of Latter-Day Saints TemplePROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 29th day of March, 2002, by and between
City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and
LSA Associates, Inc, whose address is 20 Executive Park, Suite 200, Irvine, California,
92614, (hereinafter referred to as "Consultant "), 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 Calif omia 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 the City.
B. City intends to prepare an Environmental Impact Report and other
environmental documents in accordance with the California Environmental
Quality Act for the Newport Beach Mormon Temple, located at 2300 Bonita
Canyon Drive in Newport Beach, California.
C. City desires to engage Consultant to provide environmental services for the
Project upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant for purpose of this Project are, Robert
fj W. Balen. Principal and Maria Levario, Assistant Proiect Manager.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the, terms of conditions provided 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 29th day of March, 2002, and
shall terminate when the City takes final action on the Environmental Impact Report, and
a notice of determination is filed as required in accordance with unless terminated earlier
as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. All
work and documents shall be prepared in accordance with and shall contain all items
required, by the California Environmental Quality Act (CEQA), CEQA Implementing
Guidelines and City of Newport Beach ordinances and policies. Consultant shall fumish
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all environmental documents and forms to City in electronic format, Microsoft Word 2000,
or other format acceptable to City.
2.1 If Consultant is requested by City to revise or supplement the draft or final
Environmental Impact Report, with additional data, information or analysis as a result of
the Environmental Impact Report's failure to comply with requirements of CEQA,
Consultant shall provide such revision or supplement at no additional cost to City
provided that such revisions are within the scope of work required in Exhibit "A ".
2.2 If changes to existing laws, rules, regulations or policies of any state, federal
or local governmental authority having jurisdiction over the project occur during the term
of this Agreement that require modification of the draft or final Environmental Impact
Report , Consultant will perform such additional services on a time - and - materials basis.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section, and the scheduled billing rates set forth in Exhibit "A ". No rate changes shall be
made during the term of this Agreement without prior written approval of the Project
Administrator. Consultant's compensation for all work performed in accordance with this
Agreement shall not exceed the total contract price of Fifty -Six Thousand, Three Hundred
and Ninety dollars and zero cents ($56,390.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the City, and based upon Exhibit
"A"
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of the City. Any authorized compensation shall be paid in
accordance with the schedule of the billing rates as set forth in Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of sub - consultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
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C. Actual costs and /or other costs and/or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of five
percent (5 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.1 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to fumish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details
in means of performing the work provided that Consultant is compliance with the terms of
this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
3
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v WASTE MANAGEMENT
September 26, 2014
Mr. Mike Pisani
General Services Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
RE: Bond #104122610
Dear Mr. Pisani,
WASTE MANAGEMENT ORANGE COUNTY DISTRICT
1300 S. Grand Ave.
Santa Ana, CA 92705
(714) 480-2300
(714)568-6626 Fax
Enclosed is the extension certificate for attachment to the above referenced bond.
If you have any questions, please do not hesitate to contact me at 714-480-2302.
Sincerely,
,/� t Paji Y1/Q
Luz Patino
Municipal Coordinator
Enclosure
Bond 4 104122610-092014 Extension.doc
From everyday collection to environmental protection, Think Greeny Think Waste Management.
Anted o, 100% post mnsz el r—clld paper.
CONTINUATION
CERTIFICATE
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
I a certain Bond No. 104122610
dated effective 10/1/2003
(MONTH -DAY -YEAR)
on behalf of WASTE MANAGEMENT COLLECTION & RECYCLING, INC.
(PRINCIPAL)
and in favor of CITY OF NEWPORT BEACH
(OBLIGEE)
does hereby continue said bond in force for the further period
beginning on 10/1/2014
(MONTH -DAY -YEAR)
and ending on 10/1/2015
(MONTH -DAY -YEAR)
Amount of bond $ 5,000.00
Description of bond Commercial Refuse Bin Right of Way Permit
, Surety upon
PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and ps
that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be can
and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all i
committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event
the amount of said bond as hereinbefore set forth.
Signed and dated on 8/21/2014
(MONTH -DAY -YEAR)
By
ATTORNEY -INS -FACT JenniferlCopeland
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY 5
ON WHEREOF, REOF, I have hereunto set my hand and affixed the seals of said Companies this � day of � VLu 20
Kevin E. Hughes, Assistant Sec tary
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above-named individuals and the details of the bond to which the power is attached.
ATTORNEY IS INVALID WITHOUT
M/oc)
CITY OF NEWPORT BEACH• I CITY COUNCIL STAFF REPORT JUrj 12 '6.0.1f
r .nnnrrr
June 12, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Harmon, Director of General Services
Ext. 3055, mharmon(a)city.newport-beach.ca.us
Robin Clauson, City Attorney
Ext. 3131, rclauson@city.newport-beach.ca.us
SUBJECT: Newport Coast Residential Refuse Collection Services
ISSUE:
Does the City Council want to begin a new Request for Proposal (RFP) process, reject
•all previous proposals received, and direct staff to issue the revised RFP which is
attached to this report, and extend the current Agreement with Waste Management of
Orange County for three months- from July 1, 2007 through September 30, 2007?
RECOMMENDATION:
Begin a new Request for Proposals (RFP) process, reject all previous proposals
received, and direct staff to issue the revised RFP which is attached to this report, and
extend the current Agreement with Waste Management of Orange County for three
months- from July 1, 2007 through September 30, 2007
BACKGROUND:
On April 20, 2007, City staff received five proposals for solid waste collection services in
the Newport Coast area. The current contract with Waste Management of Orange
County is set to expire on June 30, 2007. Each proposal was evaluated based on
criteria outlined in the RFP sent to each bidder. These criteria included: the use of
AQMD approved vehicles, fully automated collection experience, ability to meet the
recycling requirement; proposed implementation plan, and proposed cost per unit.
Based on staffs analysis, a report was presented to City Council at its May 8, 2007
meeting, recommending that a ten-year agreement be awarded to CR&R, Inc. to
provide these services. Following discussion, and consideration of presentation by
• Ware Disposal including some proposed terms and equipment differeaLthan-set forth in
Newport Coast Residential Re se Collection Services
June 12, 2007
Page 2
El
their proposal, Council voted to award the contract to Ware Disposal, Inc. based on that
firm's lowest cost per unit proposal and agreements to limit number of second
containers and to recycle 40% (May a staff report and Council minutes attached).
On May 22, 2007, the City Council voted to reconsider its decision concerning the
contract award to Ware Disposal, Inc. This reconsideration was due to concerns a
majority of the council members had with the process used in evaluating and awarding
the contract.
Request for Proposals (RFP)
During the discussion of the solid waste collection services in Newport Coast, Council
members made several recommendations concerning the RFP and draft contract that
was sent to prospective bidders. The recommended changes will allow for an improved
process that might avoid some of the problems that occurred during the previous
evaluation.
Staff has implemented revisions in the attached RFP. The changes include, but are not
limited to, the following:
• Clearly defined bid cut-off date with a short period of time following the cut-off •
date for staff to request bid clarification. No information from bidders will be
accepted or considered following the clarification time frame and unless it is
information that is requested by City staff.
• Established negotiation period. Staff will have 10 days following Council's
selection of the best responsive bid to negotiate terms of agreement, including
defined service levels, with the exception of cost per unit.
• Clear description of the type of collection equipment required for a bid to be
considered responsive.
• Lower cap on annual CPI increases to be consistent with City's existing large
contracts.
• Reporting requirements that include customer satisfaction surveys.
• Mandatory bidders' conference to discuss the RFP with prospective bidders.
• Multi-year extensions past initial term of agreement.
• Cap on the number of extra containers the City will fund.
• Appropriate liability insurance levels reflective of industry risk.
Specific changes are highlighted in the attached RFP document.
In the event that Council rejects the previous bids and directs staff to re -submit the
revised RFP to qualified companies, staff respectfully requests that Council review and
comment on the attached RFP.
0
Newport Coast Residential Ase Collection Services
June 12, 2007
Page 3
Timeframe/Process
If Council rejects all previous proposals, directs staff to re -issue the RFP, and extends
the current contract with Waste Management of Orange County, the following timeframe
would be followed:
June 13- RFP would be mailed to all solid waste companies with valid franchise
agreements on file with General Services Department.
June 19- Mandatory pre-bid conference to discuss RFP and answer any
questions.
June 29- Bids due to General Services Department.
June 29 Staff will evaluate bids and seek clarification/additional information on any
-July 11 items.
July 24- Staff will present recommended contract to City Council for approval.
Following Council approval, staff will negotiate/finalize terms of the
agreement with approved hauler.
• August 14- Final Contract is approved by City Council.
October 1- New contractor starts servicing the Newport Coast area.
Waste Management of Orange County, the current provider of services in the Newport
Coast area, has agreed to a contract extension through September 30, 2007, if City
Council decides to solicit bids for this project. A letter from Waste Management is
attached.
Financial Review
The current budget for solid waste services in Newport Coast is $740,000 per year. By
rejecting all bids and extending the current agreement for three months, the potential
cost to the City is approximately $29,000 above what we would pay under a contract
with Ware Disposal,
Environmental Review
This project does not require environmental review.
Public Notice
•This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Newport Coast Residential Refuse Collection Services
June 12, 2007
Page 4
Legal Review
The City Attorney's office participated in the development of the Request for Proposals
attached to this report.
Submitted
Mark Harmon
Director of General Services
Robin Clauson
City Attorney
Attachments:
1) May 8"' staff report and Council Minutes
2) Revised Request for Proposals (RFP)
3) Letter from Waste Management of Orange County
•
•
iCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. s23
May 8, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Hannon, Director, (949) 644-3055
mharmonOdty newaort-beach ca us
SUBJECT: Contract Award to CR&R Inc. for Newport Coast Fully Automated
Residential Refuse Collection Services
ISSUE:
Should the City.award a ten-year contract agreement to CR&R, Inc, to provide fully
automated residential refuse collection services in the Newport Coast area or should the
• City Council go with another provider?
RECOMMENDATION:
Authorize a ten-year agreement with CR&R, Ino. through June 30, 2017 to provide fully
automated residential refuse collection services in the Newport Coast area.
f7 M SSION-
The 7,700 -am Newport Coast community is located at the eastern edge of the City and
contains private residences in six major community associations, including the Newport
Ridge, Newport Ridge North, Newport Coast, ZFani, Pelican Point, and Crystal Cove
Community Associations.
On January 1, 2002, the City annexed the Newport Coast community, and in doing so,
agreed to fund residential trash collection services for area residents. At the time of
annexation, Waste Management of Orange County provided fully automated residential
refuse collection services to the area under an exclusive franchise agreement with the
County of Orange. Pursuant to State law (Public Resources Code Section 49520); the
City was required to continue service with the exclusive franchisee for a minimum of fire
0
Award Contract for Newport Coast Fully Automated
Residential Refuse Collection Services •
May 8, 2007
Page 2
years, and Waste Management has continued to provide this service throughout this
period.
The current contract for residential refuse collection services expires on June 30, 2007.
The scope of work In the proposed contract includes providing collection services to
approximately 4,000 residences in the Newport Coast area of the City. It Is pro)ected
that the Newport Coast area will total approximately 5,200 residences at build out The
area served In this agreement Includes neighborhoods along Newport Coast Drive from
east Coast Highway to the 73 Freeway in the eastern section of the City. Bin service in
the Newport Coast area will not be included with this agreement.
To ensure that a high standard of service is maintained, specifications for the collection
of materials are detailed In the request for proposal and the proposed agreement.
These specifications Include: automated container types and sizes, minimum waste
collection levels, collection days and times, waste disposal and recycling requirements,
Insurance requirements, and equipment requireriments. Service levels will be monitored
by, City off who will also review the contractor's required reports of collection and •
disposal activities.
The term of the proposed contract is for ten years due to thelarge commitment of
personnel and equipment required to provide initial service. An annual CPI increase is
Included after the 1z' year of service. Experience has proven that a multi-year contract
Is the most cost-effective means to have solid. waste collection services performed for
both the City and the contractor.
Bld Process and Analysis
A Request for Proposals (RFP) was mailed to a list of the City's franchised commercial
solid waste haulers at the beginning of April. Since this time, staff has received
inquiries and provided clarification on items included in the RFP.
Proposals were due to the City by Friday, April 2Vh at 12 pm. Prior to this deadline,
the City received 5 bids for solid waste collection services from the following solid waste
haulers:
• CR&R Inc.
• Rainbow Disposal
• Ware Disposal
• Waste Management of Orange County
• Waste Resources/Roberrs Waste •
Award Contract for Newport Coast Fully Automated
• Residential Refuse Collection Services
May 8, 2007
Page 3
Evaluation Criteria
Proposals submitted to the City were reviewed by City staff from General Services, the
City Attorney's Office, and the City Manager's Office. As Indicated in Section 3 of the
RFP sent to bidders, fee schedules anis costs are not the sole criteria for award of this
agreemejit Instead, evaluation criteria for the proposals included several categories.
Based on these criteria, staff compiled the following information from each bidder:
AQMD Approved vehicles
This section was used to evaluatethe requirement -that the bidder provide collection
services using alternative fueled vehicles approved by the South Coast Air Quality
Management District for fully automated refuse collection services.
CR&R
Currently has over 70 AQMD approved aitemative fueled vehicles In its fleet. No
additional trucks will be needed to meet the terns of the agreement In its bid proposal,
• CR&R proposed to use AQMD approved alternative fueled vehicles in service collection
for Newport Coast.
Rainbow Disposal
Currently has 10 AQMD approved alternative fueled vehicles In its fleet In addition, this
hauler is in the process of procuring an additional 14 alternative fueled vehicles to add
to its fleet. In its bid proposal, Rainbow Disposal proposed to use AQMD approved
alternative fueled vehicles In service collection for Newport Coast
Ware Disposal
Currently has no AQMD approved alternative fueled vehicles in its fleet. In its bid
proposal, War; Disposal proposed to use a diesel fueled vehide in service collection for
Newport Coast. Diesel fuel does not satisfy requirements for an alternative fueled
vehicle per SCAQMD Rule 1193. In subsequent communications with City staff after
the close of bids on April 20, Ware Disposal changed their proposal to Include the use
of alternative fueled vehicles for the term of the agreement Ware Disposal now
Proposes to purchase AQMD approved alternative fuel vehicles to satisfy the proposal
requirement.
Waste Mana ement
Currently has 48 AQMD approved aftetnative fueled vehicles In its fleet No additional
trucks will be needed to meet the terms of the agreement. In its bid proposal, Waste
Management proposed to use AQMD approved altemative fueled vehicles in service
collection for Newport Coast.
•
Award Contract for Newport Coast Fully Automated
Residential Refuse.Collectlon Services •
May 8, 2007
Page 4
Waste Resources/Roberf's Waste
Currently has no AQMD approved alternative fueled vehicles In its fleet. In its bid
proposal, Waste Resources/Roberts Waste proposed to use a bio -diesel fueled vehicle
In service collection for Newport Coast. Bio -diesel does not satisfy requirements for an
alternative fueled vehicle per SCAQMD Rule 1483. In subsequent communications with
City staff after the close of bids on April 2o, Waste Rssources/Roberts Waste indicated
that they would be willing to acquire alternative fueled vehicles,for the term of the
agreement to satisfy the proposal requirement.
Cost Information
"Cost esgmates do not tndude projected growth of 25 hwnes permonth.
Fully Automated Experience
This section was used to evaluate the bidder's experience and performance providing
fully automated collection services for other public agencies.
•
E
Award Contract for Newport Coast Fully Automated
Residential Refuse Collection Services
May 8, 2007
Page 5
CR&R
Currently manages over 250,000 fully automated accounts throughout the region and
has approximately 20 years experience providing fully automated services. These
accounts total approximately 500,000 fully automated containers in service. CR&R
currently provides fully automated collection services for several local communities,
Including the cities of Costa Mesa, Allso Viejo, Dana Point, San Clemente, San Juan
Capistrano, and Laguna Niguel.
Rainbow Disoosal
Currently manages over 30,000 fully automated accounts throughout the region and has
approximately one year experience providing fully automated services. These accounts
total approximately 100,000 fully automated containers in service. Rainbow Disposal
currently provides collection services for several local communities, Including the cities
Of Sunset Beach, Huntington Beach, and Fountain Valley.
Ware Disoosa�
Currently manages over 1,500 semi -automated accounts throughout the region and has
• over a year and a half experience providing these services. These accounts total
approximately 3,000 containers in service. Ware Disposal currently provides collection
services for the City of Laguna Woods.
Mete Management
Currently manages over 200,000 fully automated accounts throughout the region and
has approximately 20 years experience providing fully automated services. These
accounts total approximately 600,000 fully automated containers in service. Waste
Management currently provides Collection services for several local communities,
Including the cities of Irvine, Laguna Beach, Lake Forest, Orange, and Santa Ana.
Waste Resouerrs Waste
Currently manages no automated accounts throughout region. Waste ResOurces
currently provides commercial collection services -for the City of Gardena and Robert's
Waste provides commercial collection services for the City of Newport Beach.
Recycling Requirement
This section was used to evaluate the bidder's ability to meet local and state waste
disposal and recycling requirements.
CR&R
Provided evidence on how it would meet a 30% diversion requirement -
0
Award Contract for Newport Coast Fully Automated
Residential Refuse Collection Services .
May 8, 2007
Page 6
In addition, CR&R currently operates a mixed waste materials recovery facility for
processing waste. This process helps to provide up to 10% additional diversion of
recyclable materials In the sorting process due to contaminated recycling loads. This
occurs when materials other than recyclables are placed In a recycling container.
Rainbow D soosai
Provided evidence on how It would meet a 30% diversion requirement.
In addition, Rainbow Disposal currently operates a mixed waste materials recovery
facility for processing waste. This process helps to provide up to 10% additional
diversion of recyclable materials In the sorting process due to contaminated recycling
loads. This occurs when materials other than recyclables are placed in a recycling
container.
Ware Dl�s mesal
Provided evidence on how it would meet a 30% diversion requirement.
In addition, Ware Disposal currently operates a commingled recycling materials
recovery facility for processing waste. This process does not provide additional
diversion of recyclable materials. •
Waste Management
Provided evidence on how it would meet a 30% diversion requirement.
In addition, Waste Management currently operates a mixed waste materials recovery
fac ft for processing waste. This pnxess helps to provide up to 10% additional
:diversion of recyclable materials in the sorting process due to contaminated recycling
'loads. This occurs when materials other than recyclables are placed in a recycling
container.
Waste Res�oberrs Waw
Provided evidence on how it would meet a 30% diversion requirement.
In addition, Waste Resouroes/Roberl's Waste currently utilizes a commingled recycling
materials recovery facility for processing waste. This process does not provide
additional diversion of recyclable materials.
Implementation Plan
This section was used to evaluate the bidder's ability to facilitate a seamless transition
of collection services between service providers.
•
Award Contract for Newport Coast f=ully Automated
Residential Refuse Collection Services
• May 8, 2007
Page 7
. CR&R
Hauler has successfully managed service changeovers between solid waste providers.
Time changeovers include the cities of Laguna Hills, Bellflower, and Rancho Santa
Margarita. In addition, CR&R currently has over 15,000 containers in stock that will be
available for Newport Coast residents prior to the July 1 start date.
Rainbow Disnosai
Hauler has successfully managed service changeovers between solid waste providers.
These changeovers include the City of Huntington Beach and the Midway City Sanitary
District. in addition, Rainbow currently has over 10,000 containers In stock that will be
available for Newport Coast residents prior to the July 1 start date.
Ware Disoosal
Hauler has successfully managed a service changeover between solid waste providers
in the City of Laguna Woods. In addition, Ware Disposal proposes to order
approximately 8,000 containers for Newport Coast residents prior to the July 1 start
date.
Waste Management
Hauler is the current service provider for Newport Coast; therefore, no implementation
plan or new containers would be necessary.
Waste Resources/Roberrs Waste
Hauler did not provide evidence of a service changeover between solid waste providers.
In addition, Waste Resources/Robert's Waste proposes to order approudmately 8,000
containers for Newport Coast residents prior to the July 1 start date.
A Last Factor for Consideration
City staff has conoems that companies which have not been providing fully automated
.collection services do not have the level of experience with automated vehicles needed
to match the current level of service being provided. The abilrty to provide the collection
services as 'quietly" and as safely as possible, in terms of potential property damage, is
a factor for consideration. Driver inexperience with using automated containers and the
vehicles themselves have the potential to create problems with providing a seamless
transition.
...... . -
Award Contract for Newport Coast Fully Automated
Residential Refuse Collection Services
May 8, 2007
Page 8
Financial ReviewlFinanclal Avail 11h,
Funding for this agreement was Included in the Fiscal Year 2007-08 budget. The
current cost for Newport Coast collection services, based on the current monthly fee of
$15.03 per home, is $739,536. Based on the bid from CR&R Disposal of $13.57 per
home, staff estimates that the total cost for collection services will be $667,236. This
cost represents a savings of $72,300 next fiscal year and over $700,000 during the life
of the agreement
Current
CR&R Bid
Rainbow Disposal Bid
Ware Disposal Bid
Waste Management Bid
Waste Resources/Roberts Bid
Monthly Cost Per Home Total Annual Cost
$15.03 $739,536
$13.57 $667,236
$14.95 $737,448
$11.96 $616,200
$15.03 $739,536
$18.29 $974,712
Based on the evaluation of bids using the criteria above, City staff believes the proposal
from CR&R Inc. will provide the best value for the City and the residents of Newport
Coast in terns of a combination of service quality and cost
CR&R has provided solid waste collection and material recovery services In Orange,
Los Angeles, San Bernardino, San Diego, and Riverside Counties for approximately 40
years. Through a subsidiary, CR&R currently provides fully automated solid waste and
.recycling collection services to several nearby cites, including Costa Mesa, Aliso Viejo,
Dana Point, San Clemente, San Juan Capistrano, and Laguna Niguel, among others.
However, if the City Council believes the cost of the service provided is the most
Important factor in selecting the waste contractor, the lowest cost provider would be
Ware Disposal.
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Environmental Review.
Award Contract for Newport Coast Fully Automated
Residential Refuse Collection Services
May 8, 2007
Page 9
This project does not require environmental review.
Public Notice:
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considersthe item).
L&gal Review
The City Attorney's Office participated in the development of the Request for Proposals
and the evaluation of proposals submitted to the City. Based on the evaluation using
the established criteria, the City Attorney's Office advised that awarding an agreement
to CR&R is in conformance with the law because the City should consider all factors
and not just price in reviewing the requests for proposal.
JAI W 9,4
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General Services Director
Reviewed by:
Aaron Harp
Assistant City Attorney
Attachments:
Prepared b �J4,
lam'ffv,
Chris Marcarello
Administrative Analyst
1. Request for Proposals for Residential Solid Waste Collection and Recycling in
Newport Coast
2. Proposed Contract for Fully Automated SoRd Waste Collection Services
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City Council Regular Meeting Page 1 of 3
S28. CONTRACT AWARD TO CR&R INC. FOR NEWPORT COAST FULLY AUTOMATED •
RESIDENTIAL REFUSE COLLECTION SERVICES [38/100,007].
Staff Report
General Services Director Mark Harmon gave a PowerPoint presentation and provided
information regarding the Request for Proposals for maintaining the .current level of service.
Staffs recommendation is to contract with CR&R to provide fully automated collection.
General Services Director Harmon responded to Council Member Henn that the contract to
provide seven (7) days notice of termination to a waste hauler could put the City in disarray
unless there was another waste hauler in the wings.
City Attorney Clauson responded to Council Member Curry that the recommendation was for
the waste hauler to provide a Performance Bond and cost basis anakma and that the Council
would have the ability to deal with lack of performance. General Services Director Harmon felt
it would be risky to award a contract based on low cost only.
Council Member Henn said that all of the trucks were to be fully automated. Implicitly Ware is
representing that they will have another fully automated amuck and in fact will have two fully
automated trucks.
Mayor Pro Tem Selich asked why the RFP was set up to provide an additional schedule for
additional containers and wondered if the wide 'spread in cost was because it was an open ended
contract He also asked why would the City not just ask for a single bid for all services. General •
Services Director Harmon explained that there is a cost for additional containers throughout
the industry and a percentage would tend to limit the number of additional containers.
Council Member Gardner asked wily there would be a limit of 80% set when the recycling
requirement is 50%. General Services Director Harmon responded that currently the City is
diverting about 57%. A lot of recycling mines how commercial and construction waste and it is
more difficult to attain a high diversion rate on residential waste.
Council Member Henn asked if it was typical to include a 18% CPI. City Attorney Clauson said
that over the years the Council has placed a percentage on the CPI adjustment. Council
Member Henn believed there should be 4% ceiling on all CPIs.
David Fahrion, President, Solid Waste Division, CMR talked about bis compass eerviocs and
saw tans as an opportunity to expand the company's services. He stated that his company
aerves most of the communities in Southern California and 200,000 residences with fully
automated trucks.
Patrick Munoz, a Newport Beach resident speaking on behalf of Ware Disposal, pointed out
that Ware Disposal offered favorable options for consideration - price, vehicles, experience and
recycling. Other areae of concern to Slid Council should include yearly increases and additional
equipment chargee. Mr. Munoz explained to Mayor Rosansky that Ware would agree to a
Provision to limit the supply of additional containers to encourage more recycling which would
result in a dramatic savings over time. Ware has always agreed to provide fully automated
AQMD compliant vehicles. Warn has one vehicle and provided the City with copies of invoices
for two additional compliant vehicles that it will receive in the near future. He showed
examples and explained the difference between fully automated and semi -automated vehicles.
Mr. Munoz further explained that the third fully automated AQMII compliant vehicle is due to •
arrive in September. It is a smaller vehicle that can more easily traverse the residential routes -
Recycling Recycling is an important =us that was not adequately addressed in the RFP. Ware's facility
in Santa Ana will provide the same MERF benefits with a diversion percentage of 43.
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City Council Regular Meetio • Page 2 of 3
• Mayor Pro Tem Selich asked if Ware were awarded a contract would it guarantee a 43%
diversion rate.
Council Member Webb said he was confused because the proposal was supposed to have listed
the equipment Mr. Munoz said that the intent of Ware's proposal was always to provide
AQMD compliant trucks.
Council Member Henn asked how Ware intended to maintain the trucks in order to keep them
operational- Mr. Munoz responded that Ware has mechanics that are capable of working on
these trucks with the exception of the fuel system and the trucks will be serviced under
warranty as it relates to the fuel system.
Mayor Pro Tem Selich said when he fust looked at the proposal he saw a base rats that was
substantially lower than that of other bidders. He asked what assurance Ware would give that
they would not request a rate increase in a year or two. Mr. Mimes stated that Ware would not
ask the City for an increase. The rate proposed is not an abnormally low rate and it is a fair
rate for the work proposed.
Council Member Gardner liked the fad that the homeowner would be given an extra recycling
container if needed. Mr. Munoz stated that in his professional experience he believed the
number proposed by staff was high.
Mayor Rosansky stated that the CC&R contract does not provide for additional recycling bins.
General Services Manager Harmon said to his knowledge the extra recycling container was not
free with CC&R City Attorney Clauson explained to Mayor Rosansky that this was not a "low
bid" situation but a contract negotiation and often staff can go back and negotiate certain
points. The decision the Council needs to make should be based on the response to proposal
and it would be unfair to not allow other bidders to meet the requirements. If the Council.
wanted to change the terms of the RFP it should go back out for bid again. City Attorney
Clausen suggested the Council ask CC&R whether it could guarantee 43% diversion since
CC&R is the recommended hauler.
Council Member Curry asked if the Council could select a carrier and negotiate with that
carrier. City Attorney Clausen responded that the Council would need to give the selected
carrier an opportunity to renegotiate the contract with the selected bidder.
Steven Schrey, Nixon Peabody LLP, attorney representing CR&R said that this is a contract
proposal What is happening here is that CC&R in a timely fashion met the City�s RFP
requirements and staff is recommending that the Council accept staffs recommendation.
Council Member Henn said he was very uncomfortable negotiating on the fly and would rather
make a decision based on the proposals.
Jay Ware, General Manager, Ware Disposal, reiterated Mr. Munoia statements and noted that
the Ware family and business reside in Newport Beach and that the company has drivers and
vehicles that can immediately step in to provide service to Newport Beach- The proposal stands
and if these is a need to change the diversion rate for recycling, Ware would agree to 4396 or
provide free containers.
Mr. Ware responded to Mayor Rosansky that within the RFP there was no container amount
and he felt 141 containers was too much. If someone needs an additional container they need to
know how to recycle and Ware is committed to working with the City to teach residents how to
recycle.
• Motion by Council Member Curry to authorize a ten-year agreement with Ware Disposal
through June 30, 2017 to provide fully automated residential refuse collection services in the
Newport Coast area with additions and changes to the contract to include the following: the
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City Council Regular Mp
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Page 3 of 3
hauler will provide free additional recycling bins; guarantee a diversion rate of 40%; provide all
reports; provide vehicle citation reports to the City Council; and, provide liability insurance to 07
the City in the amount of $5 mrllion_
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosanslzy,
Coon it Member Daigle, Council Member Gardner
Noes: Council Member Webb
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City of Newport Beach
General Services Department
TO: Honorable Mayor and City Council
FROM: Mark Harmon, General Services Director
DATE: June 12, 2,007
SUBJECT: RFP Changes Cover Sheet
Below, please find a list of changes and additions to the Request for Proposals
for Residential Solid Waste Collection in Newport Coast. These changes are
also underlined in the RFP document that is attached.
Page 2. Scope of Services
• Added provision for City to extend agreement for five additional one-year
• periods at the end of the initial ten-year term.
• Added language that allows customers to request smaller containers, if
they desire.
• Placed a limit on the number of additional containers that the City will pay
for -10% of total billed customer accounts.
Page 3. Timeline
• Changed dates
• Added a mandatory bidder's conference
• Clarified that no information will be accepted after the proposal deadline,
unless to clarify a bid upon request of City staff
Page 4. Negotiation Period
• Added a negotiation period for City staff and selected bidder to negotiate
terms, excluding price
Page 6. Containers
• Added language that ensures City staff approves container color
• Added language that allows customers to request smaller containers, if.
they desire. Places restriction on delivery date of new containers
Page 6. Additional Solid Waste Collection Services
.0 Placed restriction on bulk item collection days and pickup times
Pape 7, Waste DisoostReouirements
• Changed recycling requirement to at least 40%
Page 7. Fee Increases •
• Placed a 3% cap on annual CPI increases
Page 8. Insurance Reouirements
• Changed insurance levels to $2 Million for general liability and $5 Million
for automobile liability coverage
_Page 9. Equipment Requirements
• Further defines automated collection vehicles
• Added notification requirement if a hydraulic spill occurs
Page 10. Customer Service Surveys
• Added requirement for contractor to produce and mail customer service
surveys
Page 10. Defined Service Levels
• Added clearly defined service level expectations for the refuse collection
agreement
Page 11. Work Deficiencies
• Added penalties for not complying with defined service levels
Pape 12, Fees/Cost Information •
• Placed a limit on the number of additional containers that the City will pay
for -10% of total billed customer accounts.
• Added no additional cost for extra recycling containers
Page 13, Equipment List
• Further defines automated collection vehicles
Page 13, Equipment Safety Training and Eauipment Safety Records
• Added requirement for contractor to provide all safety, inspection, and
incident reports for equipment from 2005, 2006, and 2007.
Page 13, Waste Collection/Recycling Plans
• Added language requiring information on materials disposal/transfer
facility
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CITY OF NEWPORT BEACH
Request for Proposal
• Residential Solid Waste Collection and Recycling Services in Newport Coast
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City of Newport Beach •
Request for Proposal
Residential Solid Waste Collection and Recycling Services in Newport Coast
1. Introduction
The City of Newport Beach (City) is soliciting written competitive proposals from
private contractors to provide fully automated solid waste collection and recycling
services for residential customers within the Newport Coast area of the City. The
10 year contract will provide for the successful contractor to provide curbside
residential service within the Newport Coast boundaries shown on the attached
map for all existing and future curbside residential service needs within the
service area. After a careful review of each submitted proposal, the City will
conduct an evaluation leading to the selection of a contractor and the award of a
contract.
The City's objectives for the solid waste collection and recycling services are to:
Provide an efficient solid waste management system, which includes
mandatory collection of solid waste and recyclable materials.
Preserve the environment and protect the health, safety and quality of life
for Newport Beach residents by utilizing fully automated AQMD compliant •
vehicles and trained operators.
Comply with the State of California Assembly Bill 939, known as the
California Integrated Waste Management Act of 1989, which requires
jurisdictions to divert from disposal in landfills 50% of the solid waste
generated within the City.
Copies of this proposal may be obtained in person at the Administration office of
the General Services Department located at 592 Superior Avenue, Newport
Beach. Questions regarding this agreement should be addressed to Chris
Marcarello, Administrative Analyst at (949) 644-3057.
Proposals and all written inquiries related to this RFP are to be submitted in a
sealed envelope to the General Services Administration office, located in Bldg. A
at 592 Superior Blvd., no later than 12:00 p.m. on June 29, 2007 with the
following notation:
CONFIDENTIAL —
Residential Solid Waste Collection and Recycling Services in Newport Coast
2. Scope of Services
The City seeks a private solid waste management company with a current City of •
Newport Beach commercial solid waste franchise (Contractor) to undertake full
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responsibility for operation of fully automated .residential curbside solid waste and
• recyclable material collection within the Newport Coast area of the City of
Newport Beach. The contract term is 10 (ten) years, with a City option for one 5
(five) year extension.. The following are the services to be provided by the
Contractor.
• Provide weekly fully automated residential curbside refuse collection,
recycling and disposal services to single-family residences in the Newport
Coast Area annexed on January 1, 2002 by the City.
• Handle all resident inquiries or complaints of service in an expeditious
manner.
• Provide a bulky item pickup twice per year for each single-family
residence with a limit of 4 items per request. Bulk Item collection requests
refuse and recycling collection.
• Provide all City residential customers an automated, wheeled solid waste
container in the size of 96 gallons for refuse materials, unless the resident
requests a smaller size.
• Provide to all City residential customers an automated, wheeled recycling
container in the size of 96 gallons for mixed recyclables, unless the
resident requests a smaller size.
• Provide additional individual automated, wheeled solid waste containers
upon property owner request. City will pay for additional refuse containers
• up to 10% of total billed residential accounts (e.g. If City is billed for 4.000
total customer accounts per monthHauler may charge City for a
maximum of 400 additional containers per month) There will be no
additional charge bome to the City for extra recycling containers
requested.
• Collect solid waste and recyclable materials from residential customers at
intervals of not less than once per week. Collection schedule will remain
the same as existing schedule unless agreed upon between City and
Contractor and will not be adjusted earlier than 60 days after start of
agreement.
• Collect, recycle and dispose of all residential solid waste materials in
accordance with the provisions of the City s commercial non-exclusive
solid waste franchise agreement and all applicable City ordinances and
State mandates.
•
• Invoice the City for collection services rendered at intervals not to exceed
once per month.
• Provide curbside collection of Christmas trees on the first two regularly
scheduled collection days for each home after Christmas Day.
• Provide a monthly report to the City relating to the City's AB 939
compliance requirements.
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3. Timeline •
Mandatory Bidders Conference June 19.2007 10 A.M.
Proposal due to the City June 29, 2007 (By 12:00 p.m.)
Evaluation Period/Bid Clarification June 29 through July 6. 2007
Award of Contract July 24, 2007
Negotiate/Finalize Terms July 25 through Auoust 3. 2007
Final Contract Approved August 14 2007
Contractor in Place October 1, 2007
4. Bidder's Conference
All parties selected to submit proposals for Residential Solid Waste Collection
and Recycling Services in Newport Coast are required to attend a MANDATORY
pre-bid meeting. The meeting is scheduled for June 19. 2007 at 10:00 A.M.. 592
Superior Avenue, Building A Newport Beach, CA. City staff will be on hand to
review the proposals and answer questions from prospective bidders FAILURE
TO ATTEND THIS PRE-BID MEETING SHALL RESULT IN DISQUALIFICATION
FROM THE RFP PROCESS.
5. Proposal Deadline
Proposals and all written inquiries related to this RFP are to be submitted in a
sealed envelope to the General Services Administration office, located in Bldg. A
at 592 Superior Blvd., no later than 12:00 p.m. on June 29 2007 with the
following notation
After the 12:00 p.m. deadline on June 29. 2007. no additional information may be
submitted or will be reviewed in regards to this RFP. From June 29. 2007
through July 6. 2007. City staff will conduct a bid clarification period to clarify
information contained in submitted proposals. BIDDER MAY NOT CHANGE OR
MODIFY THEIR PROPOSAL. OR PROVIDE ANY ADDITIONAL INFORMATION
DURING THIS CLARIFICATION PERIOD UNLESS THE ADDITIONAL
INFORMATION IS SPECIFICALLY REQUESTED BY CITY STAFF TO CLARIFY
OR SUPPORT THE SUBMITTED PROPOSAL.
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• 6. Negotiation Period
Following the City Council's selection of the best responsive bid on July 24,
2007. City staff will enter into a 10 (ten) day negotiation period with the selected
bidder. During this period, parties will have the ability to negotiate service level
terms of the agreement as discussed in section 10 below. with the exception of
cost per unit.
7. Community Background
The City of Newport Beach is a scenic beach community located in Orange
County with a population of 85,000 residents. The community is home to a 21
square mile harbor area and over 23 miles of ocean beach. The City uses a mix
of services to perform residential and commercial solid waste collection
throughout the community. Commercial solid waste collection is performed
through a non-exclusive system with approximately 25 trash haulers offering
fixed and temporary route service to customers. 85% of residential solid waste
collection is performed by City staff, with the remainder being managed by
private solid waste hauler firms through exclusive franchise agreement.
The 7,700 -acre Newport Coast community is located at the eastern edge of the
City and contains private residences in six major community associations,
• including, the Newport Ridge Community Association, Newport Ridge North
Community Association, Newport Coast Community Association, Ziani
Community Association, Pelican Point Community Association, and Crystal Cove
Community Association.
In January 1, 2002, the City annexed the Newport Coast community, and in
doing so, agreed to assume trash collection services for area residents.
Currently there are approximately 3,478 homes (as of February 2007) in the
Newport Coast area of the City. Since the area is still in development, it is
expected that several hundred homes will be added over the next 5 years. As
new homes are built, they will also require fully automated residential trash
collection services. Bin service in the Newport Coast area will not be included
with this agreement.
Current service areas include neighborhoods along Newport Coast Drive from
Coast Highway East to the 73 freeway in the eastern section of the City.
Attachment 1 is a map of the Newport Coast area showing collection areas
highlighted in yellow.
The following table shows the number of homes, containers, and tonnage
collected in the Newport Coast area. This data is presented for information only
and the City of Newport Beach accepts no responsibility for the accuracy of this
• data. All prospective bidders should take whatever steps they feel are necessary
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to verify the number of homes, containers, routes, and collection area in .
preparing their proposals.
Collection Area Information
(As of Feb 2007)
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2004
2005
2006 2007
Number of Homes
2,930
3,223
3,397 3,478
Tonnage Collected
Trash
4,468
4,870
4,929
Mixed Recyclables
2,247
2,253
2,310
Total
6,715
7,123
7,239
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I. Solid Waste Collection Requirements
• The following are a summary of the requirements for operation of fully automated
refuse collection services in the Newport Coast area of the City of Newport
Beach. The Contractor shall at all times comply with and maintain in good
standing its non-exclusive commercial solid waste franchise agreement with the
City. The contractor shall be responsible for all labor, equipment, disposal costs,
and incidental costs associated with providing this service as an independent
contractor. In addition, all collection, recycling and disposal activities of
residential solid waste materials will be done in accordance with all applicable
City ordinances and State mandates.
1. Containers
The Contractor will provide fully automated solid waste and recyclable material
containers for .residential customers. The automated solid waste container will
have suitable handles and wheels, tight -fitting covers for holding garbage without
leakage or escape of odors; and be constructed of watertight metal or plastic.
The City shall approve the color of all solid waste containers used Containers
for municipal solid waste and recyclable materials will be offered to customers in
the size of 96 gallons. Customers will be allowed to request a smaller size
• 2. Additional Solid Waste Collection Services
The Contractor will provide a bulky item pickup twice per year for each single-
family residence with a limit of 4 items per request. Bulk item collection shall
•
The Contractor will provide Christmas tree collection services during the first two
weeks following Christmas day.
3. Waste Collection Days/Times
The Contractor will collect solid waste and recyclable materials at intervals not
less than once per week. Collection of solid wastes and recyclable materials
may not commence earlier than 7:00 a.m. and will stop no later than 6:30 p.m.
each collection day. The collection days for Newport Coast are currently
Monday, Tuesday, Wednesday and Friday and may not be changed without City
approval. In no event shall the City approve a request to collect on Saturday or
Sunday unless authorized by the City's General Services Director. No change to
the current schedule will be considered with less than 60 days notice to the City.
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4. Waste Disposal Requirements/Recycling Requirements •
The Contractor will dispose of all solid waste collected and transported at a State
certified/licensed landfill, State certified/licensed transfer station, State
certified/licensed recycling facility or State certified/licensed materials recovery
facility which is lawfully authorized to accept that specific type of solid waste
material. The Contractor will be responsible for payment of all fees imposed for
disposal.
The Contractor will collect the following types of recyclable materials from
residential customers: newsprint; cardboard; plastic containers; glass containers;
and aluminum containers. The Contractor must also meet the City's recycling
requirement of at least 40% in Newport Coast.
5. Fee Increases
The Contractor will be entitled to an annual fee increased based on increases in
the Consumer Price Index (CPI — all urban consumers for the Los Angeles,
Anaheim, and Riverside area) for the 12 months proceeding the prior June index,
provided that the CPI increase shall not exceed 3% per 12 month period.
6. Tonnage Reporting •
The Contractor will be required to submit a monthly report to the City which
provides information on the solid waste disposal and recycling operations, within
the Newport Coast area of the City of Newport•Beach in order to evaluate the
Contractor's recycling program.
7. Insurance
Without limiting Contractor's indemnification of City, Contractor shall obtain,
provide and maintain at its own expense during the term of this Agreement, a
policy or policies of liability insurance of the type and amounts described below
and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of the service contract. Current certification of
insurance shall be kept on file with City at all times during the term of this
Agreement.
B. Signature. A person authorized by the insurer to bind coverage on
its behalf shall sign certification of all required policies. •
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. C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact insurance policies 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.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Contractor shall
maintain statutory Workers' Compensation Insurance and one million dollars
($1,000,000) Employer's Liability Insurance for his or her employees in
accordance with the laws of the State of California. Any notice of cancellation or
non -renewal of all Workers' Compensation policies must be received by City at
least thirty (30) calendar days (10 calendar days written notice of non-payment of
premium) prior to such change. The insurer shall agree to waive all rights of
subrogation against City, its officers, agents, employees and volunteers for
losses arising from work performed by Contractor that relates in any way to this
Agreement and provide as such by a waiver of subrogation endorsement.
2. General Liability Coverage. Contractor shall maintain
commercial general liability insurance in an amount not less than two million
dollars ($2,000,000) per occurrence for bodily injury, personal injury, and
• property damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement, or the general aggregate limit shall be at least
twice the required occurrence limit.
3. Automobile Liability Coverage. Contractor shall maintain
commercial vehicle and automobile insurance covering bodily injury and property
damage for all activities of the Contract 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 five million dollars
($5,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability and automobile liability
insurance policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of the Contractor.
2. This policy shall be considered primary insurance as
respects to City, its elected or appointed officers, officials, employees, agents
• and volunteers as respects to all claims, losses, or liability arising directly or
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indirectly from the Contractor's operations or services provided to City. Any •
insurance maintained by City, including any self-insured retention City may have,
shall be considered excess insurance only and not contributory with the
insurance provided hereunder.
3. This insurance shall act for each insured and additional
insured as though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its
elected or appointed officers, officials, employees,,agents and volunteers.
5. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be
suspended, voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) written notice has been received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claim(s) made or suit instituted arising out of or resulting from •
Contractor's performance under this Agreement.
G. Additional 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.
8. Guarantees
The Contractor will file with the City a performance bond in the amount of one
hundred percent (100%) of six months of the contract price payable to the City
for all losses and damages the City may sustain as a result of any act or
omission of the Contractor, including its employees, agents, and subcontractors
arising from the operation or termination of the services under the agreement.
9. Equipment Requirements
The Contractor will use alternative fuel vehicles approved by the South Coast Air
Quality Management District for fully automated refuse collection services.
Vehicles must meet all requirements specified per AQMD Rule 1193. Vehicles
used for collection services must be fully automated side -loading refuse trucks,
using a fully mechanized arm to pick up and dump automated waste collection
containers. Drivers should not exit the vehicle to assist with securing the •
containers to, or lifting the containers into, the refuse collection truck. All vehicles
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shall be properly maintained, kept clean and in good repair, and be uniformly
painted. All vehicles must pass the required periodic 'BIT' inspection and
provide evidence to the City upon request. Vehicles that do not pass the
inspection will not be allowed to operate within City limits until such
documentation is provided.
Should a hydraulic or other tvpg of material spill occur as a result of collection
services, Contractor shall notify the City withinl hour.
10. Customer Service Surveys
City shall provide a list of questions that shall be used in the customer service
survey. At the Contractor's expense. the Contractor will prepare and mail a
survey form/card to each Newport Coast residence serviced for refuse collection
on record. All survey forms and cards will be mailed directly from the resident to
the City at the contractor's expense via business reply mail. The City shall share
the results of the survey with the Contractor.
Service evaluation levels will be determined during the negotiation period
following the council award of contract.
. 11. Defined Service Levels
• Weekly collection of refuse materials from each residence on record with
Contractor.
• Refuse collection in accordance with the provisions of the Cit✓s
commercial non-exclusive solid waste franchise agreement and all
applicable City ordinances and State mandates.
• Perform collection of materials not earlier than 7:00 a.m. and not later than
6:30 p.m. Monday through Friday.
• Provide a bulky item pickup twice per year for each single-family
residence with a limit of 4 items per request.
• Provide curbside collection of Christmas trees on the first two regularly
scheduled collection days after Christmas Day.
• Provide a monthly report to the City relating to the CitVs AB 939
compliance requirements.
• Provide a customer service survey at Contractor's cost, at the completion
of six months and every year thereafter.
• Utilize fully automated alternative fuel vehicles approved by the South
. Coast Air Quality Management District for refuse collection services.
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• . Provide all "BIT" inspection and citation records for vehicles used in •
refuse collection services.
12. Work Deficiencies
Failure to meet defined service levels shall be considered a work deficiency and
must be corrected in a timeframe per the City's discretion. Written notification of
deficiency may be hand delivered, emailed, faxed, or mailed. As soon as the
Contractor has corrected the listed deficiency, the Contractor shall notify the Citv
and reouest inspection of the corrective work. Deficiencies listed in the Notice of
Deficiency shall not be considered as having been corrected until the City has
had the opportunity to confirm that the deficiency has been corrected and
approve the corrected work in writing.
Failure to correct any deficiencies within the timeframe specified by the City may,
in the City's sole discretion, result in action being taken by the City, including, but
corrected, or the suspension or termination of the agreement.
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H. Proposal Information
The following is required information for submitting a proposal to the City of
Newport Beach for Residential Solid Waste Collection and Recycling Services in
Newport Coast. Three (3) bound or stapled copies of the Proposal should be
submitted, accompanied by a cover letter signed by the person with authorization
to execute a contract between the Contractor and the City. The letter should
summarize the key elements of the proposal.
1. Company Information
Please provide information about your firm, including corporate officers,
stockholders with greater than a 10% holding, mailing address, contact
information, and other useful information about your organization.
2. Related Experience
Please provide recent, directly related public agency experience involving
automated solid waste and recyclable materials collection services. Include on
each listing the name of the agency; description of services provided (automated
collection, bin collection); primary agency contact, address and telephone
number; dates for the contract; and number of customers served. At least 5
(five) references should be included. For each reference, indicate the
• reference's name, organization affiliation, title, mailing address, and telephone
number. The City of Newport Beach reserves the right to contact any of the
organization or individuals listed.
3. Fees/Cost Information
Please submit a fee schedule for automated residential collection services.
Please note that the prices submitted in the fee schedule will be valid for one
year until a CPI -based fee increase will be allowed. Use the attached fee
schedule (Attachment 2) or create your own fee schedule. In Section A, please
state the monthly base fee that will be charged for regular collection services as
described in the scope of services. In Section B, please state the monthly
disposal fee that will be charged for all costs incurred with disposing and
recycling materials. In Section C, please state the cost of providing an additional
96 gallon container at one single family residence. Please clearly specify any
other charges or fees, which would be part of your company policy, i.e., fees for
overloaded containers, material restrictions, etc.
Use the attached cost schedule (Attachment 3) to submit a total cost for
automated collection services. Using the monthly service fees provided in
Attachment 2, please calculate a total cost for each cost component for services,
including base fees, disposal fees, and additional refuse containers (not to
• exceed 10% of total billed customers). Extra recycling containers shall be
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provided at customers reauest at no additional cost to City. State the total cost •
for monthly and annual cost for collection services.
4. Equipment List
All vehicles used for fully automated collection services must use an alternative
fuel approved by the South Coast Air Quality Management District. Provide the
make, model, age and type of collection vehicles to be used for automated solid
waste and recycling services. Vehicles used for collection services must be fully
automated side -loading refuse trucks, using a fully mechanized arm to pick up
and dump automated waste collection containers. Drivers should not exit the
vehicle to assist with securing the container to, or lifting the container into the
refuse collection truck.
5. Employee Safety Training and Equipment Safety Records
Describe your organization's training and health and safety programs for your
employees. Describe employee response procedure when hazardous wastes
are encountered during collection activities. Include any employee manuals, as
appropriate.
Provide all equipment safety. BIT inspection. and CHP incident reports. records
or citations for 2005. 2006. and 2007. •
6. Waste Collection/Recycling Plans
Describe the waste collection and recycling plans appropriate for the City of
Newport Beach, including collection times, routes, scheduled time of collections
and other policies and/or procedures. Fully describe how your company will
meet the 40% curbside recycling requirement. Include the facility name and
address where the recvclina materials will be delivered and sorted. Include type,
of permits for facility, i.e. certified to receive recyclable materials. household
_refuse, etc. State the permitted total tonnage allowed (capacity) at facility per day
and current tonnage of materials received.
7. Implementation Plan
Provide an implementation plan describing the company's plan for facilitating a
smooth transition of services and, if applicable, a smooth transition between
service providers. The proposal must clearly demonstrate that the company has
the ability to implement the services including equipment, personnel,
administration, and maintenance requirements.
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8. Financial Information
Submit a complied audited financial statement for the past three (3) fiscal years.
Include balance sheets and profit and loss statements, as appropriate. All
financial information submitted will be held confidential to the extent permitted by
law.
9. Guarantees
Provide a letter from a surety stating your organization's ability to obtain a
performance bond in the amount of one hundred percent (100%) of six months of
the contract.
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Ill. Evaluation Criteria •
Proposals submitted to the City of Newport Beach for Residential Solid Waste
Collection and Recycling Services in Newport Coast will be evaluated by a
committee consisting of City staff and two to three elected officials. Proposal
evaluation will include, but not be limited to:
• Responsiveness to the Request for Proposals
• Previous Firm Experience with Fully Automated Residential Collection
Services
• Fee Schedules/Total Cost
• Waste Collection Recycling Plan
Note that the City of Newport Beach reserves the right to accept or reject any
proposal submitted for the residential solid waste collection and recycling
services. Fee schedules and costs will not be the sole criteria for award of this
agreement. Other criteria will be considered.
•
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Attachment 2 •
Residential Solid Waste Collection Services
Per Residence Rate (Based on Weekly Collection Service)
A. Monthly Base Service Rate Per Residence
Based on 1 (one), 96 gallon trash container: $_
and 1 (one), 96 gallon recycling container
B. Monthly Disposal Fee Rate Per Residence
Based on 1 (one), single family residence: $
C. Monthly Rate Additional Container Fee Per Residence
Based on 1 (one), 96 gallon trash container: $
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•
•
Attachment 3
• Residential Solid Waste Collection Services
Total Cost for Services
A. Base Service Charge
Monthly Base Service Rate Per Residence: $
Single Family Households: 4.000
Total Cost, Monthly Base Service Rate: $
B. Disposal Service Charge
Monthly Disposal Service Rate Per Residence: $ 4,000
Single Family Households:
Total Cost, Monthly Disposal Service Rate: $-
C. -Additional
C.Additional Container Service Charge
Monthly Additional Container Service Rate Per Residence: $ 400
Additional Containers:
Total Cost, Monthly Additional Container Service Rate: $
Total Monthly Cost (A+B+C): $
Total Annual Cost: $
•
IF
11
AMENDMENT NO. 1
•
TO AGREEMENT WITH USA WASTE OF
CALIFORNIA, INC., DBA WASTE MANAGEMENT
OF ORANGE COUNTY FOR
REFUSE COLLECTION SERVICES
THIS AMENDMENT NO. 1 TO CONTRACTOR AGREEMENT, entered into this
12th day of September 2006, by and between the CITY OF NEWPORT BEACH,
a municipal corporation (hereinafter referred to as "City"), and USA WASTE OF
CALIFORNIA, INC., DBA WASTE MANAGEMENT OF ORANGE COUNTY, a
California Corporation, whose office is located at 1800 South Grand Avenue,
Santa Ana, California 92705 (hereinafter referred to as "Contractor"), is made with
reference to the following:
RECITALS
A. On June 1, 2002, City and Contractor entered into an Agreement in which
Contractor was hired to provide refuse collection services for residential
properties in Newport Coast (hereinafter referred to as the "Agreement").
B. The purpose of this amendment is to extend the term of the Agreement six
(6) months to allow City staff additional time to develop specifications and
solicit proposals for future collection services in Newport Coast.
C. To this end, City and Contractor mutually desire to amend the Agreement,
as provided in this Amendment No. 1.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1 of the Agreement shall be amended to read as follows:
"The Term of the Agreement shall commence on January 1, 2002 and
shall terminate on June 30, 2007, unless terminated earlier as set forth
herein.
Section 24 of the Agreement shall be amended to read as follows:
"Contractor agrees that the Agreement, as amended by Amendment
No. 1, shall supercede all previous agreements to provide residential
refuse collection services in the Newport Coast area including
agreements with the County of Orange. Contractor waives and
releases all rights to provide services except as provided in the
Agreement and Amendment No. 1. Contractor also agrees that: (a)
on December 19, 2001, the City mailed and Contractor received the
notice required by Public Resources Code section 49520; (b) by
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providing the December 19, 2001 notice, City fully met any and all
obligations it has pursuant to Public Resources Code section 49520
including, but not limited to, notice obligations; (c) the Contractor
shall have no right to continue service pursuant to Public Resources
Code section 49520, or otherwise, beyond the term of this Agreement
as amended by Amendment No. 1; and (d) the City shall not be
required to provide any additional notice under Public Resources
Code section 49520 as a result of the extension of the Term of the
Agreement by and through this Amendment No. 1. Contractor
expressly waives and releases any rights it may have under Public
Resources Code section 49520 to continue to provide services
beyond the Term of this Agreement, as amended by Amendment No.
1 and Contractor agrees that upon termination of this Agreement,
Contractor will not contest City's right to provide services or
contract with any person or entity pursuant to a Request for
Proposal Process."
3. 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 FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
1 on the date first above written.
APPROVED AS TO FORM:
jOtis C. d G`
Aaron -C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
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Don Webb, Mayor
for the City of Newport Beach
CONTRACTOR:
USA WASTE OF CALIFORNIA,
INC., DBA WASTE
MANAGEMENT OF ORANGE
COUNTY
Title: (L� 7✓ v
Print Name• .,// < /i d T
SES' 2 ?7'6
•
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. it
September 12, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, (949) 644-3055
m h a neon O city. newport-beach. ca. us
SUBJECT: Amend Contract for Newport Coast Residential Refuse Collection
To Provide for a 6 -month Extension And Prepare a Bid for Future
Services
ISSUE:
Should the City amend the term of the contract agreement with Waste Management of
Orange County (WMOC) to provide residential refuse collection services in the Newport
Coast area and solicit proposals for future collection services?
Authorize a 6 -month extension for refuse collection with WMOC through June 30, 2007
and direct staff to develop specifications and solicit proposals for refuse collection
services in the Newport Coast area.
DISCUSSION:
Backaround:
The City of Newport Beach officially annexed the Newport Coast area on January 1,
2002. At the time of annexation, WMOC provided residential refuse collection services
to the area under an exclusive franchise agreement with Orange County. Pursuant to
State law (Public Resources Code Section 49520), the City was required to continue
service with the exclusive franchisee for a minimum of five years.
At its February 12, 2002 meeting, the City Council approved a 5 -year Agreement with
WMOC for refuse collection services through January 1, 2007. This agreement
And Contract for Newport Coast Re9dential
Refuse Collection
August 22, 2006
Page 2
established a monthly service collection rate of $13.03 per residence and allowed for an
annual CPI adjustment not to exceed 3%. In addition, approximately 850 new homes
have been developed during this time, increasing the number of homes served in the
contract.
The following table shows the monthly service cost, approximate number of homes, and
total contract cost over the past 5 years.
'
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'2006 figures are projected year-end totals
'Total Annual Cost includes residential service, HOA service, and costs
for additional containers
Staff is recommending that the Term of the Agreement be amended to allow WMOC to
continue service in the Newport Coast area through June 30, 2007. WMOC currently
provides automated refuse and recycling services in the Newport Coast area. The time
extension will allow the City to prepare specifications and solicit bids for residential
refuse collection in the Newport Coast area. All other terms and conditions of the
original Agreement will remain the same.
Environmental Review:
This project does not require environmental review.
Public Notice:
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
And Contract for Newport Coast Restential Refuse Collection
August 22, 2006
Page 3
Funding Availability:
Funding for this agreement was included in the Fiscal Year 2006-07 budget. The City
currently pays a monthly fee of $14.62 per residence to WMOC for weekly refuse and
recycling collection in Newport Coast. WMOC currently serves approximately 3,400
homes. The original agreement includes an annual fee adjustment based on CPI (not
to exceed 3%).
Submitted Wb Prepared by:
Mark H rmo Chns Marcarello
General Services Director Administrative Analyst
Attachments:
1. Current Contract with WMOC for refuse collection services in Newport Coast
2. Contract Amendment
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into effective the 1st day of January of 2002, (the
"Effective Date") by and between the City of Newport Beach, a Municipal Corporation
and Charter City ("City"), and USA Waste of California, Inc. dba Waste Management
of Orange County., a California Corporation ("Contractor or Waste Management"), is
made with reference to the following Recitals:
RECITALS
WHEREAS, Waste Management has a current Non -Exclusive Solid Waste Franchise
Agreement to provide commercial solid waste handling services in the City.
WHEREAS, On January 1, 2002, City annexed the area.referred to as Newport Coast.
WHEREAS, Prior to annexation, Newport Coast was within the jurisdiction of the
unincorporated area of the County of Orange.
WHEREAS, On March 2, 1999 the County of Orange entered into an eight year
residential refuse collection agreement with Waste Management of Orange County to
provide refuse collection in Newport Coast.
WHEREAS, Effective January 1, 2002, the City has jurisdiction over refuse collection
services in Newport Coast and pursuant to an annexation agreement is obligated to pay
for curbside refuse collection at single family residences in Newport Coast;
WHEREAS, City has provided a written 5 year notice to Waste Management of Orange
County pursuant to Public Resources Code Section 49520.
WHEREAS, City desires to enter into an agreement with Waste Management to provide
curbside refuse collection services for single-family residential properties in Newport
Coast.
WHEREAS, Waste Management and City have agreed that effective January 1, 2002,
the existing contract between Waste Management of Orange County and the County of
Orange to serve Newport Coast will be superseded by this Agreement with the City of
Newport Beach.
NOW, THEREFORE, the Parties agree as foNows:
1. TERM
The Term of this Agreement shall be for a period of five (5) years. The term shall
commence as of the Effective Date of this Agreement and expire January 1,
2007.
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2. CONTRACTOR SERVICES
Contractor's rights and duties shall be limited to those set forth in this Agreement.
Contractor agrees to perform in strict compliance with the terms and conditions of
this Agreement and the contract services provided in Exhibit A, ("Contract
Services"). The Contract Services shall be performed at least as frequently as
specified in Exhibit A. All of the Exhibits are considered to be a part of, and are
incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be hired in
compliance with State and Federal law.
B. All contract services shall be performed by competent and experienced
employees.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. Contractor shall provide City with
the designated supervisor's name and shall notify City of the name of any
successors within ten (10) days of any change in supervision.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms.
F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards. All vehicles shall
bear the identification of the Contractor and dearly post City provided
signs that say, "Serving the City of Newport Beach" on each vehicle.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for Contract Services in accordance with the attached
fee schedule (Exhibit B). Contractor shall submit invoices for Contract Services
provided to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the
United States mail, first class postage pre -paid, and addressed to Contractor as
specified in Section entitled "Notices".
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5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the 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 express terms of this
Agreement. No civil service status or other right of employment shall accrue to
Contractor or its employees.
6. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, volunteers, and employees from and against any less,
damages, liability, claims, costs, expenses or damages, including, but not
limited to, bodily injury, death, personal injury, property damages,
attorneys fees and court costs arising from, or in any way related to, the
performance of Contract Services required by this Agreement, provided,
however, Contractor's obligation in this regard shall not apply in the event
of the fraud or willful misconduct by City, its officials, agents, volunteers,
employees or representatives.
B. Contractor shall defend, indemnify and hold harmless City, its City
Council, boards and commissions, officers, volunteers and employees
from and against any and all loss, damages, liability, claims, costs and
expenses whatsoever, including reasonable attorneys' fees, which may
accrue to any and all persons, or business entities furnishing or supplying
work, services, materials, equipment or supplies to Contractor in the
performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees, volunteers and
representatives harmless, by any settlement with any such third party
unless that settlement includes a full release and dismissal of all claims by
the third party against the City.
7. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
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the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City.
Certification of all required insurance policies shall be signed by a person
authorized by that insurer to bind coverage on its behalf and must be filed
with the City prior to performing any Contract Services. Except workers'
compensation insurance, all insurance policies shall be endorsed to add
City, its elected officials, officers, agents and employees, and volunteers
as additional insureds for all liability arising from Contractors services.
S. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A-7 or
better carriers:
1. Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single Limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general, aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of two million dollars ($2,000,000) combined
single limit per accident for bodily injury and property damage, and
shall include sudden and accidental coverage.
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, volunteers and employees, and volunteers as
additional insured."
E
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
Gentractor 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 performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation that any such insurer of Contractor may
acquire against City by virtue of the payment of any loss under insurance.
8. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void.. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a thind party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City. Contractor may
assign or transfer this agreement to subsidiaries or affiliates of the
company upon notice to the City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, or of any entity of which
Contractor is an affiliate or subsidiary, or of the interest in any general
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partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
C. Contractor shall promptly notify the City of any company name change.
9. RECORDSIREPORTS
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
.. ......... .... - .. Contractor pursuant to this Agreement may be. made .available to any
individual or organization without prier approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly report indicating work performed and
submit this completed report to the City Administrator within ten (10) days
after the end of each month. A phone log will be submitted monthly of all
calls from the City of Newport Beach General Services Department and
the City of Newport Beach Police Department to the Contractor, whether
or not those calls require a request for service and a description of the
action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the disposal and labor costs incurred
under this Agreement. All such records shall be clearly identifiable.
Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a
period of three (3) years from the date of final payment under this
Agreement.
10. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this .Agreement. The Administrator or his/her authorized
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representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
11. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform refuse collection services as requested by the
Administrator and as noted by Exhibit A. The Administrator may give
verbal authorization for additional services up to one thousand dollars
($1,009).
12. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra
work which Contractor may be required to do, or respecting any payment to
Contractor during the performance of the Agreement, such dispute shall be
decided by the Administrator with any appeal to the City Manager. The City
Manager's decision shall be final.
13. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
14. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to
Thirty four thousand dollars ($34,000) as security for the Faithful Performance of
this Agreement.
15. LABOR
A. Contractor shall conform to all applicable provisions of State and Federal
law including, applicable provisions of California Labor Code, and the
Federal Fair Labor Standards Act.
B. 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 notice to City, including all
relevant information.
16. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment
based on race, religion, color, sex, handicap, national origin, or other basis that
violates the federal or state constitution or federal or state law. Contractor's
obligation not to discriminate shall apply, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project
should the Contractor fail to perform or default.
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. if subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or
on the second business day after the deposit thereof in the United States mail,
postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
0 0
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658-8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
District Manager
Waste Management of Orange County
1800 South Grand Avenue
Santa Ana, CA 92705
- P.A. TF. M#4ATION/DEFAkILT-
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably requiredto cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may temunate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this Agreement or authorized by law, terminate this Agreement for
cause in the event of any material breach of this Agreement by giving
written notice of termination.
B. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the Contractor fails to satisfactorily perform Contract
Services.
21. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement,
the parties agree that the court with jurisdiction over the action may determine
and fix reasonable attorneys' fees and expenses to be paid to the prevailing
party.
0
22. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the
performance of Contract Services. Contractor shall fully comply with all
provisions of its Non -Exclusive Solid Waste Franchise Agreement with the City
and any other permitting or franchise requirements adopted by City.
23. WAIVER
A waiver by City 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...
24. Contractor agrees that this Agreement shall supercede all previous
agreements to provide curbside single-family residential refuse collection
services in the Newport Coast area including agreements with the County
of Orange. Contractor waives and releases all rights to provide curbside
single-family residential services except as provided in this Agreement.
Contractor acknowledges receipt of the City five (6) year notice on
December 19, 2001 and agrees that upon termination of this Agreement,
Contractor will not contest City's right to provide services or contract for
services pursuant to a competitive bid process.
25. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties concerning the services to be provided
under this Agreement. All preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement.. No verbal agreement
or implied covenant shall be held to vary the provisions hereon. Any modification
of this Agreement will be effective only by written execution signed by both City
and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
ATTEST:
By: All /� _
LaVonne Harkless, City Clerk
10
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Tod Ridge , Mayor
0
APPROVED AS TO FORM:
By: to 4V;7
'Robin L. Clauson, Assistant City Attorney
11
0
USA Waste pfqalifbrnia, Inc., dba
Waste M t f O noun
ey:
Obert J. e, Distri anger
LIST OF EXHIBITS
Exhibit A Refuse Contract Services
Exhibit B Compensation for Services
12
Exhibit A
Refuse Contract Services
i) Contractor shall provide weekly residential curbside refuse collection, recycling
and disposal services to single-family residences in the Newport Coast Area
annexed on January 1, 2002 by the City.
2) The Contractor will handle all resident inquiries or complaints of service in an
expeditious manner.
3) Contractor shall provide a bulky item pickup twice per year for each single-family
. residence with a limit of 4 items per request,
4) The weekly basic service will consist of providing two individual automated style
containers, one for refuse and one for recyclable materials. The minimum size of
the container shall be 35 gallons with larger containers up to 96 gallons available
at the discretion of the property owner.
5) Refuse collection day for Newport Coast will be Friday. Collection day shall not
be changed without City approval. No change to this schedule will be considered
with less than 60 days notice to the City.
6) Additional individual automated -style refuse collection containers will be provided
upon request of the resident. The cost for the extra service provided in Exhibit B
will be home by the City.
7) Contractor shall collect, recycle and dispose of all residential solid waste
materials in accordance with the provisions of the Non-exclusive Solid Waste
Franchise Agreement and all applicable City ordinances and State mandates.
8) Contractor shall provide curbside collection of Christmas trees on the first two
regularly scheduled collection days after Christmas Day.
9) Contractor shall provide on a monthly basis all necessary reporting data
requested by the City relating to the City s compliance requirements pertaining to
AB 939 as it affects the City's Integrated Solid Waste Management Plan. Such
reports shall be provided to the City within 30 days after the end of each calendar
quarter. The Contractor shall cooperate with activities requested by the City to
measure diversion of solid waste from landfills, including, but not limited to,
providing a location for conducting waste sorting and re-routing trucks on a
temporary basis to facilitate composition analysis.
13
• •.
Exhibit A
Refuse Contract Services
10) The Contractor shall keep data on the origin and tonnage of solid waste collected
in the Newport Coast area. The Contractor shall provide to the City, on a
quarterly basis, the following information in a format supplied by or approved by
the General Services Director.
1. The tonnage of Solid Waste collected by the gross number of tons
collected each month.
landfill each quarter.
3. The weight of recyclable materials collected in the Newport Coast area
and delivered for recycling.
4. The facility to which each type of recyclable material or recovered material
is delivered by the Contractor.
5. Total weight, by type of material, of glass, aluminum, plastic, paper,
cardboard, concrete, dirt, asphalt, green waste, lumber and white goods
collected monthly.
6. Any other information reasonably requested by the City to meet State or
Federal regulatory reporting requirements of the City's Source Reduction
and Recycling Element (SRRE), as it may be amended from time to time.
14
0 , 9
Exhibit B
Compensation for Services
Compensation for the Contract Services shall be $13.03 per residence. The
monthly rate of $13.03 per residence is composed of a base service fee
component of $10.72 and a disposal fee component of $2.31.
2. In addition to the monthly rate of $13.03 per residence, City will pay for extra -
automated containers for refuse or recycling collection as requested by individual
residents in the amount not to exceed $3.42 per resident request.
City franchise fees pursuant to NEMC Section 12.63.070 shall be waived, but
only for the Contract Services provided in this Agreement.
4. The City will be billed in arrears by the Contractor on a monthly basis.
5. The base service fee of $10.72 shall be increased on January 1, 2003, and every
12 months thereafter to reflect any increase in the Consumer Price Index (CPI —
all urban consumers for the Los Angeles — Anaheim — Riverside area) for the 12
months proceeding the prior November index, provided that the CPI increase
shall not exceed 3% per 12 month period.
FMERSIGSM8dddp TEBRUARY CoMnrLFeb2s.0auwnfeb74rJ�
15
i
AMENDMENT NO.1
•
TO AGREEMENT WITH USA WASTE OF
CALIFORNIA, INC., DBA WASTE MANAGEMENT
OF ORANGE COUNTY FOR
REFUSE COLLECTION SERVICES
THIS AMENDMENT NO. 1 TO CONTRACTOR AGREEMENT, entered into this
12th day of September 2006, by and between the CITY OF NEWPORT BEACH,
a municipal corporation (hereinafter referred to as "City"), and USA WASTE OF
CALIFORNIA, INC., DBA WASTE MANAGEMENT OF ORANGE COUNTY, a
California Corporation, whose office is located at 1800 South Grand Avenue,
Santa Ana, California 92705 (hereinafter referred to as "Contractor"), is made with
reference to the following:
RECITALS
A. On June 1, 2002, City and Contractor entered into an Agreement in which
Contractor was hired to provide refuse collection services for residential
properties in Newport Coast (hereinafter referred to as the "Agreement").
B. The purpose of this amendment is to extend the term of the Agreement six
(6) months to allow City staff additional time to develop specifications and
solicit proposals for future collection services in Newport Coast.
C. To this end, City and Contractor mutually desire to amend the Agreement,
as provided in this Amendment No. 1.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1 of the Agreement shall be amended to read as follows:
"The Term of the Agreement shall commence on January 1, 2002 and
shall terminate on June 30, 2007, unless terminated earlier as set forth
herein.
2. Section 24 of the Agreement shall be amended to read as follows:
"Contractor agrees that the Agreement, as amended by Amendment
No. 1, shall supersede all previous agreements to provide residential
refuse collection services in the Newport Coast area including
agreements with the County of Orange. Contractor waives and
releases all rights to provide services except as provided in the
Agreement and Amendment No. 1. Contractor also agrees that: (a)
on December 19, 2001, the City mailed and Contractor received the
notice required by Public Resources Code section 49520; (b) by
providing the December 19, 2001 notice, City fully met any and all
obligations it has pursuant to Public Resources Code section 49520
including, but not limited to, notice obligations; (c) the Contractor
shall have no right to continue service pursuant to Public Resources
Code section 49520, or otherwise, beyond the term of this Agreement
as amended by Amendment No. 1; and (d) the City shall not be
required to provide any additional notice under Public Resources
Code section 49520 as a result of the extension of the Term of the
Agreement by and through this Amendment No. 1. Contractor
expressly waives and releases any rights it may have under Public
Resources Code section 49520 to continue to provide services
beyond the Term of this Agreement, as amended by Amendment No.
1 and Contractor agrees that upon termination of this Agreement,
Contractor will not contest City's right to provide services or
contract with any person or entity pursuant to a Request for
Proposal Process."
3. 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 FOLLOWING PAGE]
0
0
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
1 on the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Don Webb, Mayor
for the City of Newport Beach
CONTRACTOR:
USA WASTE OF CALIFORNIA,
INC., DBA WASTE
MANAGEMENT OF ORANGE
COUNTY
By:
(Corporate Officer)
Print
(Financial Officer)
Title:
Print Name:
•
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
• C- 363
Agenda Item No. 4
August 22, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, (949) 644-3055
mharmonna.city. n ewport-beach.ca.us
SUBJECT: Amend Contract for Newport Coast Residential Refuse Collection
ISSUE:
Should the City amend the term of the contract agreement with Waste Management of
Orange County (WMOC) to provide residential refuse collection services in the Newport
Coast area?
RECOMMENDATION:
Amend the contract agreement with WMOC to provide residential refuse collection
services in the Newport Coast area through January 1, 2010.
DISCUSSION:
Background:
The City of Newport Beach officially annexed the Newport Coast area on January 1,
2002. At the time of the annexation, WMOC provided residential refuse collection
services to that area under an exclusive franchise agreement with Orange County.
Pursuant to State law (Public Resources Code Section 49520), the City was required to
continue service with the exclusive franchisee for a minimum of five years. At their
February 12, 2002 meeting, the City Council approved a 5 -year Agreement with WMOC
for refuse collection services through January 1, 2007.
Staff is recommending that the Term of the Agreement be amended to allow WMOC to
continue service in the Newport Coast area through January 1, 2010. WMOC currently
provides automated refuse and recycling services in the Newport Coast area. The time
extension will allow the City to evaluate automated refuse collection in other areas of
the City, and determine if the public bid process or City services would be best for the
tAnd Contract for Newport Coast Rewential Refuse Collection
August 22, 2006
Page 2
Newport Coast area. All other terms and conditions of the original Agreement will
remain the same.
Environmental Review:
This project does not require environmental review.
Public Notice:
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Funding Availability:
Funding for this agreement was included in the Fiscal Year 2006-07 budget. The City
currently pays a monthly fee of $16.45 per residence to WMOC for weekly refuse and
recycling collection in Newport Coast. WMOC currently serves approximately 3,400
homes. The original agreement includes an annual fee adjustment based on CPI (not
to exceed 3%).
Submitted by:
General Services Director
Attachments:
1. Waste Management Letter
2. Contract Amendment
0
August 14, 2006
Mr. Mark Harmon
General Services Director
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Brach, CA. 92658-8915
RE: Franchise Agreement
Dear Mr. Harmon,
WA$TE MANAGEMENT
orange County District
1900 South Gnnd Avenue
Santa Ane. CA 92705
(714) 480-2300 Phone
(714) 568-6626 Fax
Waste Management of Orange County is desirous to extend the cutrent franchise
agreement originally dated January 1, 2002. The new agreement shall be for a period of 3
additional years. The effective date shall be January 1, 2007 and expire January 1, 2010.
The terms and conditions will retrain the same.
WMOC would like to extend our appreciation to the City for the continued opportunity to
provide solid waste collection and recycling services to the residents of Newport Beach.
Customer service excellence and safety will continue to be our priorities. We look
forward to expanding our partnership with the City. Should you have any questions
please call me directly at 714-480-2353. My cell number is 714920-5740.
aD'avi4Rs
Sr. District Management
Waste Management of Orange County
A Diviziun 4 Wsu tc Mannucmcnt t:nllection and Recycling, Inc.
E
AMENDMENT NO. 1
Pi
TO AGREEMENT WITH USA WASTE OF
CALIFORNIA, INC., DBA WASTE MANAGEMENT
OF ORANGE COUNTY FOR
REFUSE COLLECTION SERVICES
THIS AMENDMENT NO. 1 TO CONTRACTOR AGREEMENT, entered into this
_ day of August 2006, by and between the CITY OF NEWPORT BEACH, a
municipal corporation (hereinafter referred to as "City"), and USA WASTE OF
CALIFORNIA, INC., DBA WASTE MANAGEMENT OF ORANGE COUNTY, A
California Corporation, whose office is located at 1800 South Grand Avenue,
Santa Ana, California 92705 (hereinafter referred to as "Contractor'), is made with
reference to the following:
RECITALS
A. On June 1, 2002, City and Contractor entered into an Agreement in which
Contractor was hired to provide refuse collection services for residential
properties in Newport Coast (hereinafter referred to as the "Agreement").
B. NOTE: PLEASE ADD RECITAL WHY WE ARE EXTENDING.
C. To this end, City and Contractor mutually desire to amend the Agreement,
as provided in this Amendment No. 1.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 1 of the Agreement shall be amended to read as follows:
"The Term of the Agreement shall commence on January 1, 2002 and
shall terminate on January 1, 2010, unless terminated earlier as set forth
herein.
2. Section 24 of the Agreement shall be amended to read as follows:
"Contractor agrees that the Agreement, as amended by Amendment
No. 1, shall supercede all previous agreements to provide residential
refuse collection services in the Newport Coast area including
agreements with the County of Orange. Contractor waives and
releases all rights to provide services except as provided in the
Agreement and Amendment No. 1. Contractor also agrees that: (a)
on December 19, 2001, the City mailed and Contractor received the
notice required by Public Resources Code section 49520; (b) by
providing the December 19, 2001 notice, City fully met any and all
obligations it has pursuant to Public Resources Code section 49520
including, but not limited to, notice obligations; (c) the Contractor
shall have no right to continue service pursuant to Public Resources
Code section 49520, or otherwise, beyond the term of this Agreement
as amended by Amendment No. 1; and (d) the City shall not be
required to provide any additional notice under Public Resources
Code section 49520 as a result of the extension of the Term of the
Agreement by and through this Amendment No. 1. Contractor
expressly waives and releases any rights it may have under Public
Resources Code section 49520 to continue to provide services
beyond the Term of this Agreement,as amended by Amendment No.
1 and Contractor agrees that upon termination of this Agreement,
Contractor will not contest City's right to provide services or
contract with any person or entity pursuant to a Request for
Proposal Process."
3. 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 FOLLOWING PAGE]
0
•
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
1 on the date first above written.
APPROVED AS TO FORM:
a.. C. ff
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Don Webb, Mayor
for the City of Newport Beach
CONTRACTOR:
USA WASTE OF CALIFORNIA,
INC., DBA WASTE
MANAGEMENT OF ORANGE
COUNTY
am
Print
0
Print
(Corporate Officer)
(Financial Officer)
Pr C-5513
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into effective the 1st day of January of 2002, (the
"Effective Date") by and between the City of Newport Beach, a Municipal Corporation
and Charter City ("City'), and USA Waste of California, Inc. dba Waste Management
of Orange County., a California Corporation ("Contractor or Waste Management'), is
made with reference to the following Recitals:
RECITALS
WHEREAS, Waste Management has a current Non -Exclusive Solid Waste Franchise
Agreement to provide commercial solid waste handling services in the City.
WHEREAS, On January 1, 2002, City annexed the area referred to as Newport Coast.
WHEREAS, Prior to annexation, Newport Coast was within the jurisdiction of the
unincorporated area of the County of Orange.
WHEREAS, On March 2, 1999 the County of Orange entered into an eight year
residential refuse collection agreement with Waste Management of Orange County to
provide refuse collection in Newport Coast.
WHEREAS, Effective January 1, 2002, the City has jurisdiction over refuse collection
services in Newport Coast and pursuant to an annexation agreement is obligated to pay
for curbside refuse collection at single family residences in Newport Coast;
WHEREAS, City has provided a written 5 year notice to Waste Management of Orange
County pursuant to Public Resources Code Section 49520.
WHEREAS, City desires to enter into an agreement with Waste Management to provide
curbside refuse collection services for single-family residential properties in Newport
Coast.
WHEREAS, Waste Management and City have agreed that effective January 1, 2002,
the existing contract between Waste Management of Orange County and the County of
Orange to serve Newport Coast will be superseded by this Agreement with the City of
Newport Beach.
NOW, THEREFORE, the Parties agree as follows:
TERM
The Term of this Agreement shall be for a period of five (5) years. The term shall
commence as of the Effective Date of this Agreement and expire January 1,
2007.
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2. CONTRACTOR SERVICES
Contractors rights and duties shall be limited to those set forth in this Agreement.
Contractor agrees to perform in strict compliance with the terms and conditions of
this Agreement and the contract services provided in Exhibit A, ("Contract
Services"). The Contract Services shall be performed at least as frequently as
specified in Exhibit A. All of the Exhibits are considered to be a part of, and are
incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be hired in
compliance with State and Federal law.
B. All contract services shall be performed by competent and experienced
employees.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. Contractor shall provide City with
the designated supervisors name and shall notify City of the name of any
successors within ten (10) days of any change in supervision.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms.
F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards. All vehicles shall
bear the identification of the Contractor and clearly post City provided
signs that say, "Serving the City of Newport Beach" on each vehicle.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for Contract Services in accordance with the attached
fee schedule (Exhibit B). Contractor shall submit invoices for Contract Services
provided to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the
United States mail, first class postage pre -paid, and addressed to Contractor as
specified in Section entitled "Notices".
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5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the 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 express terms of this
Agreement. No civil service status or other right of employment shall accrue to
Contractor or its employees.
6. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, volunteers, and employees from and against any loss,
damages, liability, claims, costs, expenses or damages, including, but not
limited to, bodily injury, death, personal injury, property damages,
attorneys fees and court costs arising from, or in any way related to, the
performance of Contract Services required by this Agreement, provided,
however, Contractor's obligation in this regard shall not apply in the event
of the fraud or willful misconduct by City, its officials, agents, volunteers,
employees or representatives.
B. Contractor shall defend, indemnify and hold harmless City, its City
Council, boards and commissions, officers, volunteers and employees
from and against any and all loss, damages, liability, claims, costs and
expenses whatsoever, including reasonable attorneys' fees, which may
accrue to any and all persons, or business entities furnishing or supplying
work, services, materials, equipment or supplies to Contractor in the
performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees, volunteers and
representatives harmless, by any settlement with any such third party
unless that settlement includes a full release and dismissal of all claims by
the third parry against the City.
7. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
3
0 0
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City.
Certification of all required insurance policies shall be signed by a person
authorized by that insurer to bind coverage on its behalf and must be filed
with the City prior to performing any Contract Services. Except workers'
compensation insurance, all insurance policies shall be endorsed to add
City, its elected officials, officers, agents and employees, and volunteers
as additional insureds for all liability arising from Contractors services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A-7 or
better carriers:
Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of two million dollars ($2,000,000) combined
single limit per accident for bodily injury and property damage, and
shall include sudden and accidental coverage.
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, volunteers and employees, and volunteers as
additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
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 performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation that any such insurer of Contractor may
acquire against City by virtue of the payment of any loss under insurance.
8. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City. Contractor may
assign or transfer this agreement to subsidiaries or affiliates of the
company upon notice to the City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, or of any entity of which
Contractor is an affiliate or subsidiary, or of the interest in any general
5
a
0 0
partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
C. Contractor shall promptly notify the City of any company name change.
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly report indicating work performed and
submit this completed report to the City Administrator within ten (10) days
after the end of each month. A phone log will be submitted monthly of all
calls from the City of Newport Beach General Services Department and
the City of Newport Beach Police Department to the Contractor, whether
or not those calls require a request for service and a description of the
action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the disposal and labor costs incurred
under this Agreement. All such records shall be clearly identifiable.
Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a
period of three (3) years from the date of final payment under this
Agreement.
10. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his/her authorized
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representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
11. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform refuse collection services as requested by the
Administrator and as noted by Exhibit A. The Administrator may give
verbal authorization for additional services up to one thousand dollars
($1,000).
12. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra
work which Contractor may be required to do, or respecting any payment to
Contractor during the performance of the Agreement, such dispute shall be
decided by the Administrator with any appeal to the City Manager. The City
Manager's decision shall be final.
13. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
14. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to
Thirty four thousand dollars ($34,000) as security for the Faithful Performance of
this Agreement.
15. LABOR
A. Contractor shall conform to all applicable provisions of State and Federal
law including, applicable provisions of California Labor Code, and the
Federal Fair Labor Standards Act.
B. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this
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Agreement, Contractor shall immediately give notice to City, including all
relevant information.
16. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment
based on race, religion, color, sex, handicap, national origin, or other basis that
violates the federal or state constitution or federal or state law. Contractor's
obligation not to discriminate shall apply, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project
should the Contractor fail to perform or default.
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or
on the second business day after the deposit thereof in the United States mail,
postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
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General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658-8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
District Manager
Waste Management of Orange County
1800 South Grand Avenue
Santa Ana, CA 92705
20. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this Agreement or authorized by law, terminate this Agreement for
cause in the event of any material breach of this Agreement by giving
written notice of termination.
B. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the Contractor fails to satisfactorily perform Contract
Services.
21. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement,
the parties agree that the court with jurisdiction over the action may determine
and fix reasonable attorneys' fees and expenses to be paid to the prevailing
party.
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22. COMPLIANCE
•
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rales, ordinance, statutes or regulations applicable to the
performance of Contract Services. Contractor shall fully comply with all
provisions of its Non -Exclusive Solid Waste Franchise Agreement with the City
and any other permitting or franchise requirements adopted by City.
23. WAIVER
A waiver by City 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.
24. Contractor agrees that this Agreement shall supercede all previous
agreements to provide curbside single-family residential refuse collection
services in the Newport Coast area including agreements with the County
of Orange. Contractor waives and releases all rights to provide curbside
single-family residential services except as provided in this Agreement.
Contractor acknowledges receipt of the City five (5) year notice on
December 19, 2001 and agrees that upon termination of this Agreement,
Contractor will not contest City's right to provide services or contract for
services pursuant to a competitive bid process.
25. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties concerning the services to be provided
under this Agreement. All preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement. No verbal agreement
or implied covenant shall be held to vary the provisions hereon. Any modification
of this Agreement will be effective only by written execution signed by both City
and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
ATTEST:
By: V/.�
LaVonne Harkless, City Clerk
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CITY OF NEWPORT BEACH
A Municipal Corporation
Tod Ridge , Mayor
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APPROVED AS TO FORM:
By:
obin L. Clauson, Assistant City Attorney
11
r
USA Waste o! alifornia, Inc., dba
Wast;7L
nt f O n oun
By:
obert J. C e, DistrictQanager
LIST OF EXHIBITS
Exhibit A Refuse Contract Services
Exhibit B Compensation for Services
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Exhibit A
Refuse Contract Services
1) Contractor shall provide weekly residential curbside refuse collection, recycling
and disposal services to single-family residences in the Newport Coast Area
annexed on January 1, 2002 by the City.
2) The Contractor will handle all resident inquiries or complaints of service in an
expeditious manner.
3) Contractor shall provide a bulky item pickup twice per year for each single-family
residence with a limit of 4 items per request.
4) The weekly basic service will consist of providing two individual automated style
containers, one for refuse and one for recyclable materials. The minimum size of
the container shall be 35 gallons with larger containers up to 96 gallons available
at the discretion of the property owner.
5) Refuse collection day for Newport Coast will be Friday. Collection day shall not
be changed without City approval. No change to this schedule will be considered
with less than 60 days notice to the City.
6) Additional individual automated -style refuse collection containers will be provided
upon request of the resident. The cost for the extra service provided in Exhibit B
will be borne by the City.
7) Contractor shall collect, recycle and dispose of all residential solid waste
materials in accordance with the provisions of the Non-exclusive Solid Waste
Franchise Agreement and all applicable City ordinances and State mandates.
8) Contractor shall provide curbside collection of Christmas trees on the first two
regularly scheduled collection days after Christmas Day.
9) Contractor shall provide on a monthly basis all necessary reporting data
requested by the City relating to the City's compliance requirements pertaining to
AB 939 as it affects the City's Integrated Solid Waste Management Plan. Such
reports shall be provided to the City within 30 days after the end of each calendar
quarter. The Contractor shall cooperate with activities requested by the City to
measure diversion of solid waste from landfills, including, but not limited to,
providing a location for conducting waste sorting and re-routing trucks on a
temporary basis to facilitate composition analysis.
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Refuse Contract Services
11
Exhibit A
10) The Contractor shall keep data on the origin and tonnage of solid waste collected
in the Newport Coast area. The Contractor shall provide to the City, on a
quarterly basis, the following information in a format supplied by or approved by
the General Services Director:
1. The tonnage of Solid Waste collected by the gross number of tons
collected each month.
2. The origin and tonnage of solid waste that is actually delivered to the
designated landfill each quarter.
3. The weight of recyclable materials collected in the Newport Coast area
and delivered for recycling.
4. The facility to which each type of recyclable material or recovered material
is delivered by the Contractor.
5. Total weight, by type of material, of glass, aluminum, plastic, paper,
cardboard, concrete, dirt, asphalt, green waste, lumber and white goods
collected monthly.
6. Any other information reasonably requested by the City to meet State or
Federal regulatory reporting requirements of the City's Source Reduction
and Recycling Element (SRRE), as it may be amended from time to time.
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Compensation for Services
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Exhibit B
1. Compensation for the Contract Services shall be $13.03 per residence. The
monthly rate of $13.03 per residence is composed of a base service fee
component of $10.72 and a disposal fee component of $2.31.
2. In addition to the monthly rate of $13.03 per residence, City will pay for extra -
automated containers for refuse or recycling collection as requested by individual
residents in the amount not to exceed $3.42 per resident request.
3. City franchise fees pursuant to NBMC Section 12.63.070 shall be waived, but
only for the Contract Services provided in this Agreement.
4. The City will be billed in arrears by the Contractor on a monthly basis.
5. The base service fee of $10.72 shall be increased on January 1, 2003, and every
12 months thereafter to reflect any increase in the Consumer Price Index (CPI —
all urban consumers for the Los Angeles — Anaheim — Riverside area) for the 12
months proceeding the prior November index, provided that the CPI increase
shall not exceed 3% per 12 month period.
F:WSERSIGSvIMEldddgeVEBRVARY 02\Council.WMNewptCoast_Contmc Feb26-Clauwnfebtd-clean.doc
15
C - 35l3
TO:
FROM:
Mayor and City Council
General Services Director
FEB 2 6 2002
Council Agenda
Item No. 16
February 26, 2002
SUBJECT. Award of Newport Coast Residential Refuse Collection Contract Agreement
Recommendation
Approve the attached contract agreement with Waste Management of Orange County to provide
residential refuse collection services in the Newport Coast area.
Background
The City of Newport Beach officially annexed the Newport Coast area on January 1, 2002.
Waste Management of Orange County (WMOC) currently provides residential refuse collection
and recycling services in the Newport Coast area under an exclusive franchise agreement with
the County of Orange which expires in June 2007. The County agreement provides for
residential refuse collection of both multi -family and single family residences.
The City has agreed to pay for curbside refuse collection for the residents of single family
dwellings at Newport Coast. Multi -family dwellings are not included in the proposed contract
nor will the City pay for this service.
Pursuant to State law (Public Resources Code 49520), the City is required to continue service
with the existing exclusive franchisee, Waste Management of Orange County, for a minimum of
five years. The attached written notice was sent to WMOC on December 19, 2001 of the City's
intention to seek competitive bids for Newport Coast residential refuse collection for single
family residents prior to the expiration of the five-year notice in January 2007. During the
interim five years (2002-2007), WMOC will provide the residential curbside refuse collection
service for single family dwellings as provided in the attached agreement. An analysis of the
PRC 49520 has been prepared by the City Attorney's staff and is attached.
Discussion
Waste Management of Orange County has agreed to provide service as referenced in the attached
agreement. The agreement is proposed for a five-year term. Waste Management of Orange
County has also agreed to an annual CPI adjustment on only the service portion of the monthly
fee. No CPI is proposed for the disposal portion of the fee since the County landfill fee will
=IdrkWCo= l-WMNmptCoast_Staifltpt_F626-.dw
remain the same during the initial length of the contract. Annual CPI adjustments are limited to
3% per year.
Waste Management of Orange County acknowledges that the City has relied upon its
representations and commits to faithfully perform the services required by the agreement and in
accordance with the terms and conditions of the agreement.
Other significant provisions of the contract are as follows:
a. A monthly basic service fee of $13.03 per residence
b. An extra can provision for $3.42 per month per residence
c. Bulky item pickup available twice a year with a 4 item limit for each residence
As a matter of information, WMOC collects residential refuse on a weekly basis utilizing
automated collection equipment. Residents are provided two large wheeled refuse containers
that can be rolled to curbside where a collection truck with a hydraulic arm is used to collect
trash. One of the containers is used to collect refuse and one is used to collect recyclables. The
monthly rate of $13.03 per residence is a mid-level rate in the County where residential refuse
collection rates range from $8.00 to $16.39 per month.
The County exclusive franchise agreement may be amended to exclude the service by WMOC to
the Newport Coast Area once the City agreement is approved and executed. This is a matter
between the County and WMOC and will not involve the City.
Very respectfully,
David E. Niederhaus
Attachments: (1) Newport Coast Residential Refuse Collection Contractor Agreement
(2) City Manager's letter to WMOC dated December 19, 2001.
(3) Assistant City Attorney's review of Public Resources Code 49520 and
applicability to the WMOC agreement.
meldridge/Comeil-WMNewprC t_Smf Rpt_Feb26-.dm
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CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into effective the 1st day of January of 2002, (the
"Effective Date") by and between the City of Newport Beach, a Municipal Corporation
and Charter City ("City"), and USA Waste of California, Inc. dba Waste Management
of Orange County., a California Corporation ("Contractor or Waste Management"), is
made with reference to the following Recitals:
RECITALS
WHEREAS, Waste Management has a current Non -Exclusive Solid Waste Franchise
Agreement to provide commercial solid waste handling services in the City.
WHEREAS, On January 1, 2002, City annexed the area referred to as Newport Coast.
WHEREAS, Prior to annexation, Newport Coast was within the jurisdiction of the
unincorporated area of the County of Orange.
WHEREAS, On March 2, 1999 the County of Orange entered into an eight year
residential refuse collection agreement with Waste Management of Orange County to
provide refuse collection in Newport Coast.
WHEREAS, Effective January 1, 2002, the City has jurisdiction over refuse collection
services in Newport Coast and pursuant to an annexation agreement is obligated to pay
for curbside refuse collection at single family residences in Newport Coast;
WHEREAS, City has provided a written 5 year notice to Waste Management of Orange
County pursuant to Public Resources Code Section 49520.
WHEREAS, City desires to enter into an agreement with Waste Management to provide
curbside refuse collection services for single-family residential properties in Newport
Coast.
WHEREAS, Waste Management and City have agreed that effective January 1, 2002,
the existing contract between Waste Management of Orange County and the County of
Orange to serve Newport Coast will be superseded by this Agreement with the City of
Newport Beach.
NOW, THEREFORE, the Parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of five (5) years. The term shall
commence as of the Effective Date of this Agreement and expire January 1,
2007.
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2. CONTRACTOR SERVICES
Contractor's rights and duties shall be limited to those set forth in this Agreement.
Contractor agrees to perform in strict compliance with the terms and conditions of
this Agreement and the contract services provided in Exhibit A, ("Contract
Services"). The Contract Services shall be performed at least as frequently as
specified in Exhibit A. All of the Exhibits are considered to be a part of, and are
incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be hired in
compliance with State and Federal law.
B. All contract services shall be performed by competent and experienced
employees.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. Contractor shall provide City with
the designated supervisor's name and shall notify City of the name of any
successors within ten (10) days of any change in supervision.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms.
F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards. All vehicles shall
bear the identification of the Contractor and clearly post City provided
signs that say, "Serving the City of Newport Beach" on each vehicle.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for Contract Services in accordance with the attached
fee schedule (Exhibit B). Contractor shall submit invoices for Contract Services
provided to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the
United States mail, first class postage pre -paid, and addressed to Contractor as
specified in Section entitled "Notices".
2
5.
6.
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INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the 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 express terms of this
Agreement. No civil service status or other right of employment shall accrue to
Contractor or its employees.
HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, volunteers, and employees from and against any loss,
damages, liability, claims, costs, expenses or damages, including, but not
limited to, bodily injury, death, personal injury, property damages,
attorneys fees and court costs arising from, or in any way related to, the
performance of Contract Services required by this Agreement, provided,
however, Contractor's obligation in this regard shall not apply in the event
of the fraud or willful misconduct by City, its officials, agents, volunteers,
employees or representatives.
B. Contractor shall defend, indemnify and hold harmless City, its City
Council, boards and commissions, officers, volunteers and employees
from and against any and all loss, damages, liability, claims, costs and
expenses whatsoever, including reasonable attorneys' fees, which may
accrue to any and all persons, or business entities furnishing or supplying
work, services, materials, equipment or supplies to Contractor in the
performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees, volunteers and
representatives harmless, by any settlement with any such third party
unless that settlement includes a full release and dismissal of all claims by
the third party against the City.
7. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
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the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City.
Certification of all required insurance policies shall be signed by a person
authorized by that insurer to bind coverage on its behalf and must be filed
with the City prior to performing any Contract Services. Except workers'
compensation insurance, all insurance policies shall be endorsed to add
City, its elected officials, officers, agents and employees, and volunteers
as additional insureds for all liability arising from Contractors services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A-7 or
better carriers:
Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of two million dollars ($2,000,000) combined
single limit per accident for bodily injury and property damage, and
shall include sudden and accidental coverage.
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, volunteers and employees, and volunteers as
additional insured."
4
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
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 performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation that any such insurer of Contractor may
acquire against City by virtue of the payment of any loss under insurance.
8. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City. Contractor may
assign or transfer this agreement to subsidiaries or affiliates of the
company upon notice to the City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, or of any entity of which
Contractor is an affiliate or subsidiary, or of the interest in any general
5
9.
10.
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partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
C. Contractor shall promptly notify the City of any company name change.
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly report indicating work performed and
submit this completed report to the City Administrator within ten (10) days
after the end of each month. A phone log will be submitted monthly of all
calls from the City of Newport Beach General Services Department and
the City of Newport Beach Police Department to the Contractor, whether
or not those calls require a request for service and a description of the
action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the disposal and labor costs incurred
under this Agreement. All such records shall be clearly identifiable.
Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a
period of three (3) years from the date of final payment under this
Agreement.
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his/her authorized
[J
11.
12
13.
14.
15.
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform refuse collection services as requested by the
Administrator and as noted by Exhibit A. The Administrator may give
verbal authorization for additional services up to one thousand dollars
($1,000).
DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra
work which Contractor may be required to do, or respecting any payment to
Contractor during the performance of
decided by the Administrator with any
Manager's decision shall be final.
REIMBURSEMENT FOR EXPENSES
the Agreement, such dispute shall be
appeal to the City Manager. The City
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to
Thirty four thousand dollars ($34,000) as security for the Faithful Performance of
this Agreement.
LABOR
A. Contractor shall conform to all applicable provisions of State and Federal
law including, applicable provisions of California Labor Code, and the
Federal Fair Labor Standards Act.
B. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this
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Agreement, Contractor shall immediately give notice to City, including all
relevant information.
16. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment
based on race, religion, color, sex, handicap, national origin, or other basis that
violates the federal or state constitution or federal or state law. Contractors
obligation not to discriminate shall apply, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project
should the Contractor fail to perform or default.
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or
on the second business day after the deposit thereof in the United States mail,
postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
93
0 0
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658-8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
District Manager
Waste Management of Orange County
1800 South Grand Avenue
Santa Ana, CA 92705
20. TERMINATIONIDEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this Agreement or authorized by law, terminate this Agreement for
cause in the event of any material breach of this Agreement by giving
written notice of termination.
B. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the Contractor fails to satisfactorily perform Contract
Services.
21. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement,
the parties agree that the court with jurisdiction over the action may determine
and fix reasonable attorneys' fees and expenses to be paid to the prevailing
party.
0
22. COMPLIANCE
0
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the
performance of Contract Services. Contractor shall fully comply with all
provisions of its Non -Exclusive Solid Waste Franchise Agreement with the City
and any other permitting or franchise requirements adopted by City.
23. WAIVER
A waiver by City 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.
24. Contractor agrees that this Agreement shall supercede all previous
agreements to provide curbside single-family residential refuse collection
services In the Newport Coast area including agreements with the County
of Orange. Contractor waives and releases all rights to provide curbside
single-family residential services except as provided in this Agreement.
Contractor acknowledges receipt of the City five (5) year notice on
December 19, 2001 and agrees that upon termination of this Agreement,
Contractor will not contest City's right to provide services or contract for
services pursuant to a competitive bid process.
25. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties concerning the services to be provided
under this Agreement. All preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement. No verbal agreement
or implied covenant shall be held to vary the provisions hereon. Any modification
of this Agreement will be effective only by written execution signed by both City
and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
ATTEST:
By:
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Tod Ridgeway, Mayor
0
APPROVED AS TO FORM:
By: L2�7 1c w%-'
obin L. Clauson, Assistant City Attorney
11
USA Waste of alifornia, Inc., dba
Waste M fi `nt of O n oun
By:
��C
obert J. CoXe, DistriOQanager
n
u
LIST OF EXHIBITS
Exhibit A Refuse Contract Services
Exhibit B Compensation for Services
n
u
i .0
Exhibit B
Compensation for Services
1. Compensation for the Contract Services shall be $13.03 per residence. The
monthly rate of $13.03 per residence is composed of a base service fee
component of $10.72 and a disposal fee component of $2.31.
2. In addition to the monthly rate of $13.03 per residence, City will pay for extra -
automated containers for refuse or recycling collection as requested by individual
residents in the amount not to exceed $3.42 per resident request.
City franchise fees pursuant to NBMC Section 12.63.070 shall be waived, but
only for the Contract Services provided in this Agreement.
4. The City will be billed in arrears by the Contractor on a monthly basis.
5. The base service fee of $10.72 shall be increased on January 1, 2003, and every
12 months thereafter to reflect any increase in the Consumer Price Index (CPI —
all urban consumers for the Los Angeles — Anaheim — Riverside area) for the 12
months proceeding the prior November index, provided that the CPI increase
shall not exceed 3% per 12 month period.
0 0
Exhibit A
Refuse Contract Services
1) Contractor shall provide weekly residential curbside refuse collection, recycling
and disposal services to single-family residences in the Newport Coast Area
annexed on January 1, 2002 by the City.
2) The Contractor will handle all resident inquiries or complaints of service in an
expeditious manner.
3) At no additional charge, Contractor shall provide a bulky item pickup twice per
year for each single-family residence with a limit of 4 items per request.
4) The weekly basic service will consist of providing two individual automated style
containers, one for refuse and one for recyclable materials. The minimum size of
the container shall be 35 gallons with larger containers up to 96 gallons available
at the discretion of the property owner.
5) Refuse collection day for Newport Coast will be Friday. Collection day shall not
be changed without City approval. No change to this schedule will be considered
with less than 60 days notice to the City.
6) Additional individual automated -style refuse collection containers will be provided
upon request of the resident. The cost for the extra service provided in Exhibit B
will be borne by the City.
7) Contractor shall collect, recycle and dispose of all residential solid waste
materials in accordance with the provisions of the Non-exclusive Solid Waste
Franchise Agreement and all applicable City ordinances and State mandates.
8) Contractor shall provide curbside collection of Christmas trees on the first two
regularly scheduled collection days after Christmas Day.
9) Contractor shall provide on a monthly basis all necessary reporting data
requested by the City relating to the City's compliance requirements pertaining to
AB 939 as it affects the City's Integrated Solid Waste Management Plan. Such
reports shall be provided to the City within 30 days after the end of each calendar
quarter. The Contractor shall cooperate with activities requested by the City to
measure diversion of solid waste from landfills, including, but not limited to,
providing a location for conducting waste sorting and re-routing trucks on a
temporary basis to facilitate composition analysis.
13
0
Refuse Contract Services
0
Exhibit A
10) The Contractor shall keep data on the origin and tonnage of solid waste collected
in the Newport Coast area. The Contractor shall provide to the City, on a
quarterly basis, the following information in a format supplied by or approved by
the General Services Director:
1. The tonnage of Solid Waste collected by the gross number of tons
collected each month.
2. The origin and tonnage of solid waste that is actually delivered to the
designated landfill each quarter.
3. The weight of recyclable materials collected in the Newport Coast area
and delivered for recycling.
4. The facility to which each type of recyclable material or recovered material
is delivered by the Contractor.
5. Total weight, by type of material, of glass, aluminum, plastic, paper,
cardboard, concrete, dirt, asphalt, green waste, lumber and white goods
collected monthly.
6. Any other information reasonably requested by the City to meet State or
Federal regulatory reporting requirements of the City's Source Reduction
and Recycling Element (SRRE), as it may be amended from time to time.
14
0
Compensation for Services
0
Exhibit B
1. Compensation for the contract services shall be $13.03 per residence. The
monthly rate of $13.03 per residence is composed of a base service fee
component of $10.72 and a disposal fee component of $2.31.
2. In addition to the monthly rate of $13.03 per residence, City will pay for extra -
automated containers for refuse or recycling collection as requested by individual
residents in the amount not to exceed $3.42 per resident request.
3. City franchise fees pursuant to NBMC Section 12.63.070 shall be waived, but
only for the Contract Services provided in this Agreement.
4. The City will be billed in arrears by the Contractor on a monthly basis.
5. The base service fee of $10.72 shall be increased on January 1, 2003, and every
12 months thereafter to reflect any increase in the Consumer Price Index (CPI —
all urban consumers for the Los Angeles — Anaheim — Riverside area) for the 12
months proceeding the prior November index, provided that the CPI increase
shall not exceed 3% per 12 month period.
meldddgWCouncil•WMNewptCoasl Contme Feb FlnalomfLdw
15
SEW Pp�,�
CITY OF NEWPORT BEACH
� n
u r
CSC/ FO RNP
December 19, 2001
Bob Coyle, Area President
Waste Management of Orange County
1800 S. Grand Street
Santa Ana, CA 92705
Dear Mr. Coyle:
As noted in your phone conversation with our General Services Director, David
Niederhaus, of December 13, 2001, the City is providing Waste Management of
Orange County with a five-year notice of our intent to assume the responsibility
for residential refuse collection in the Newport Coast area effective January 1,
2007 in accordance with the State Public Resources Code (Section 49520). After
that date, the City intends to solicit competitive bids for the residential refuse
collection service for the area.
If you have any questions related to this matter, please call our General Services
Director, David E. Niederhaus, at (949) 644-3055.
Sincerely,
Homer L. Bludau
City Manager
City Hall • 3300 Newport Boulevard • Newport Beach, California 92663-3884
0 •
CITY OF NEWPORT BEACH,
2002
CITY ATTORNEY'S OFFICE Agenda Item
TO : MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBIN L. CLAUSON, ASSISTANT CITY ATTORNEY
RE PROPOSED CONTRACT BETWEEN THE '94v'os
CITY OF NEWPORT BEACH AND WASTE MANAGEMENT
The City Council has been asked to approve a contract with Waste Management to
provide, effective January 1, 2002, refuse collection services for single-family residential
homes in the recently annexed Newport Coast Area. At the last meeting Councilman
Steve Bromberg asked the City Attorney's Office to provide Council with an analysis of
the State law provided by Delores Offing. I have reviewed the Public Resources Code
and the Government Code Sections attached to this memo and can advise that the
proposed contract complies with the continuation of services provisions of Public
Resources Code Section 49520.
Waste Management currently operates in the City of Newport Beach under a franchise
approved pursuant to the City Charter. Prior to annexation of Newport Coast Waste
Management had the exclusive County franchise to provide residential refuse collections
in unincorporated areas of the County including Newport Coast. The contract between
Waste Management and the County of Orange will expire on June 30, 2007. The City
has provided Waste Management with the five year notice pursuant to Section 45920.
The proposed contract between the City of Newport Beach and Waste Management will
allow Waste Management to continue to provide refuse services for single family
residences in Newport Coast for five years. The proposed contract therefore complies
with the continuation of services provisions of Section 49520.
PRC Section 49522 provides that a City would have the right following an annexation to
terminate a franchise authorized by a county if that termination is for cause. The City staff
is not aware of any legal cause to terminate the exclusive contract between Waste
Management and the County.
The proposed contract with the City is for curbside service for single-family residential
only. The County franchise gives Waste Management the exclusive right to provide
single-family, and multi -family residential refuse services. There has been discussion
regarding Waste Management's rights to continue exclusive refuse services for
apartments and condominium projects in Newport Coast now that Newport Coast is part
of Newport Beach- a non-exclusive franchise jurisdiction for those services. The Public
Resources code does not give direction on the unique situation where land subject to an
exclusive County franchise is annexed to a City with a non-exclusive franchise for
commercial and multifamily refuse service. The question of how the provisions of Section
49520 apply to Waste Management's rights to multi -family refuse collection under the
County contract is not within the scope of the proposed agreement. Unless Council
Council Agenda Item No. •
Date
Page: 2
provides direction otherwise it is my recommendation for the issue to be resolved by
Waste Management.
The provisions of Government Code Sections 57375-57385 apply to incorporation of a
City not annexation of territory to a City and therefore were not applicable to the
annexation proceedings for Newport Coast.
66L"�
Robin Clauson
F:\users\cat\shared\da\CCmemo\WasteMngtCurbskie.doc
Submitted to thCity Council at the meeting of 2/12/02 by Ms, Delores OffingI el -
PUBLIC RESOURCES CODE
SECTION 49520-49524
Coot n tkCf 7w' -
of 5e20LCAZ-
49520. If a local agency has authorized, by franchise, contract,
license, or permit, a solid waste enterprise to provide solid waste
handling services and those services have been lawfully provided for
more than three previous years, the solid waste enterprise may
continue to provide those services up to five years after mailed
notification to the solid waste enterprise by the local agency having
jurisdiction that exclusive solid waste handling services are to be
provided or authorized, unless the solid waste enterprise has an
exclusive franchise or contract.
If the solid waste enterprise has an exclusive franchise or
contract, the solid waste enterprise shall continue to provide those
services and shall be limited to the unexpired term of the contract
or franchise or five years, whichever is less.
49521. A solid waste enterprise providing continuation solid waste
handling services pursuant to Section 49520 is subject to the
following conditions:
(a) The services of the solid waste enterprise shall be in
substantial compliance with the terms and conditions of the
franchise, contract, license, or permit, and meet the quality and
frequency of services required by the local agency in other areas not
served by the solid waste enterprise.
(b) If the local agency has established rates for solid waste
handling services, the solid waste enterprise may be required by the
local agency to adhere to rates that are comparable to those
established by the local agency.
49522. Nothing in this chapter affects the right of a city
following annexation to terminate for cause a franchise, contract,
� C�Gvl.�h ✓�vc�-� w�
r��fLUic�
license, or permit held by a solid waste enterprise authorized by the
county.
49523. Any local agency or solid waste handling enterprise may
contract, upon mutually satisfactory terms, for the termination of
all or any part of the business of the solid waste enterprise before
the expiration of the period specified in Section 49520.
plzefZ
49524. Notwithstanding Section 49523, a solid waste enterprise may
not waive the right to continue to provide solid waste handling
services as provided in this chapter.
0
GOVERNMENT CODE
SECTION 57375-57385
0
57375. Except as otherwise provided in this chapter, on and after
the effective date of an incorporation, the territory incorporated,
all inhabitants within the territory, and all persons entitled to
vote within the newly incorporated city by reason of residing in the
city are subject to the jurisdiction of the city and shall have the
rights and duties conferred on them as inhabitants and voters of the
incorporated city.
57376. (a) If the newly incorporated city comprises territory
formerly unincorporated, the city council shall, immediately
following its organization and prior to performing any other official
act, adopt an ordinance providing that all county ordinances
previously applicable shall remain in full force and effect as city
ordinances for a period of 120 days after incorporation, or until the
city council has enacted ordinances superseding the county
ordinances, whichever occurs first. However, if the Board of
Supervisors of the County of Orange has adopted an ordinance or
resolution, or both, pursuant to Section 50029 or 66484. 3 prior to
the effective date of an incorporation of a city within that county,
that ordinance or resolution shall not be repealed or superseded by
the city until the county ordinance or resolution has been repealed
or superseded by the board of supervisors of that county. If the
county ordinance or resolution is repealed or superseded, then within
30 days of the effective date of the ordinance or resolution
repealing or superseding the county ordinance or resolution, the city
council shall enact a new ordinance or resolution conforming in all
respects to the action taken by the county. The ordinance enacted
by
the city council immediately following its organization also shall
provide that no city ordinance enacted within that 120 -day period of
time be deemed to supersede any county ordinance unless the city
ordinance specifically refers to the county ordinance, and states an
intention to supersede it. Enforcement of the continuing county
C_IERAL ELECTION
NOVEMBER 5, 1996
p COUNCIL AGENDA
N0. Ik
x/4/0;.
CITY OF NEWPORT BEACH
Shall Initiative Ordinance 878 be amended to Yes +
Q require the City of NewportBeach to use
property tax revenue to pay only for the cost of No +
providing curbside container refuse collection
for existing or future residential units within city boundaries as of
November 1.19%?
CITY OF ORANGE
Shall the City of Orange Council Members be Yes
+
limited to a maximum of two consecutive lour-
R Mayor ited
year terms and the elected to No
b�
+
a maximum of bee consecutive No- tams.
CITY OF YORBA LINDA
Shall the Orthnance be aC.cpted which orkjains
Yet
+
Sthat a person is inepgible to hold once as a
No
Member of the City Council it that person has
served in the office for three (3) full terms?
+
Shall the Ordinance be adcpted which ordains Yes +
1' that a person is nefigble to hold office as a
Member of the City Council if that person has I No +
served in the office for two (2) consecutive full
terms, unless he or she has been out of the office for at least two
ears, with no Imitation on the total number of terms?
ROSSMOOR COMMUNITY SERVICES DISTRICT
Shap the ordnance be adopted expanding the Yes +
U powers of the Rossmoor Community Services
District to the extent necessary to repair, main- No +
lain andforrWace the Rossmoor red brick wall
adjacent to Los AlamilmSal Bach Boulevard, stbjecito adop4cn of a
mecial tax Measure for ax:hby a lwo•thuds m ,rote?
Shall the resolution be approved which im• Yes +
V poses aspedaltax olTWENTf-FOUADoIars
($24.00) per year on property within the Pass- No +
MW Community Services District in order to
pay for maintenance, repair, andlor replacement of the Rossmoor
red brick wap adjacent to Los Atamdo&Seat Beach Boulevard,
subject to the adoption of Measure U by a majority vote?
PLACENTIA LIBRARY DISTRICT
Shap the Placentia library District be author- Yes +
W ized to levy a spedal per parcel tax annually for
five years to replace library funding lost due to No +
the reallocation of local property tax by the State
of Califomiaartd the eliminalicn of the Spec al Disnct Augmentation
Fund?
IV
FULL TEXT OF MEASURE
CITY OF NEWPORT BE.S
COSTS DEFRAYED FROM AD VALOREM TAX REVENUE
(Ordinance 878 as adopted by a majority vote of the electorate of the City
of Newport Beach on 612159, effective 6119159)
Section 6.04.170. The cast and expense of collecting, hauling away
and disposing of garbage, refuse and cuttings as those terms are defined
by Sections 6.04.010, 6.04.020 and 6.04.030, for anv dwelling or
dwelling unit existing or future, within the boundaries of the City as of
November 1 1996 that receives curbside container refuse collection
service from the City of Newport Beach, shall be defrayed exdusively
from the ad valorem tax revenues of the City of Newport Beach.
ARGUMENT IN FAVOR OF MEASURE Q
VOTE YES ON MEASURE Q
YES ON MEASURE Q
• Reaffirms right of residents to continue to receive curbside container
refuse service without fees.
YES ON MEASURE Q
• Protects against reductions in Police, Fire and Library and other
important services that would result if taxpayers pay the cost of
providing free refuse service for all businesses.
YES ON MEASURE Q
• Avoids dramatic increases in the number of City employees and
equipment necessary to collect all of the refuse generated by busi-
nesses.
YES ON MEASURE Q
• Ensures the City's ability to provide services to its residents without
being impacted by the cost of refuse services to areas annexed to
the City in the future.
YES ON MEASURE Q
• Ensures that commercial solid waste collection and disposal is
handled by the private sector — not public employees at taxpayers
expense.
YES ON MEASURE Q
• Eliminates government subsidies to some businesses and promotes
competition on a level playing field.
Residents and business owners who pre about the quality of life in
Newport Beach support Measure Q. A YES vote on Measure Q protects
the right of residents to receive trash collection service without the fees
that are charged by every other Orange County city. Passage of
Measure Q will ensure that property tax revenues continue to be used
to provide high quality Library, Police and Fire services to the community
— not free refuse collection for a few businesses. A YES vote on
Measure Q will eliminate government subsidies for those few busi-
nesses who currently benefit from an ordinance designed to protect
residents. Vote YES on Measure Q to protect your right to free trash
service while ensuring continued high quality Police, Fire and Library
services.
s/ Dennis D. O'Neil, City Councilmember
Chairman of Council Finance Committee
s/ Rush Hill, Chairman
Newport Harbor Area Chamber of Commerce
s/ Norma Glover, City Councilmember
Chairman of Council Public Safety Committee
at Mike Stephens, Former Chairman
Newport Harbor Area Chamber of Commerce
s/ Phil Sansone, Fortner Mayor
Chairman Corona del Mar Residents' Association
IMPARTIAL ANALYSIS BY CITY A7 ORNEY
0 MEASURE Q
In 1959, Newport Beach voters approved an initiative measure which
required the City to use ad valorem property tax revenues to pay for the
cost of collecting, hauling and disposing garbage and refuse. The City
has, for more than 35 years, used property tax revenue to finance the
cost of providing curbside container refuse service to single family
residences, some multi family residences, and a very small percentage
of businesses. The vast majority of businesses and many large residen-
tial projects collect refuse in bins and pay private haulers to dispose of
the garbage. Newport Beach is the only City in Orange County that uses
property tax revenue to pay for residential container refuse service.
A yes vote on this Measure would require the City to continue to use
property tax revenue to pay for the cost of curbside container refuse
service for existing residential units and those to be constructed within
the current boundaries of the City of Newport Beach. A 'yes" vote on
this measure will not affect businesses and residential projects using
private haulers to collect and dispose of refuse but will eliminate the
City's practice of providing free refuse service to approximately 200
businesses. A "no" vote on the Measure would, at the very least, require
the City to continue to use property tax revenue to pay for curbside
container refuse collections service currently provided for some busi-
nesses. A "no" vote on this Measure would potentially cause the City to
use approximately $5,000,000 in property tax revenue to fund the cost
of refuse collection for more than 4,000 businesses with a corresponding
reduction in revenue for other City services.
s/ Robert H. Burnham
City Attorney
REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE Q
The basic premise of Measure Q is faulty. It is the bureaucratic camel's
nose in the taxpayer's tent of tax -paid refuse collection.
Already a majority of the City Council would like to charge you monthly
for refuse service already paid for by your taxes. There would be no limit
to those fees.
A point by point answer to the proponents argument follows:
• No affirmation is necessary. Free refuse service is already memori-
alized in the existing ordinance.
• The existing ordinance has been in place for nearly 40 years without
service cuts.
• The number of City employees and equipment needed to collect
refuse is already reduced. There is no increase whatsoever planned
or required.
• The measure would greatly harm the City's ability to annex by
imposing a tax on future residents. Additional tax revenues will be
lost
• The City Council has already refused to put City refuse collection out
to private bid.
• There are no government subsidies. What is touted as competition
is really a cut in service.
This measure masks the refusal of the City to fulfill its obligation to public
financial responsibility. Non-resident use of the Library is over 50%. The
City Council refused to consider significant savings in administration of
the public safety departments which could enhance the ability to provide
police and fire service at lower cost. The City Council refused to refund
recycling fee overcharges.
The City is spending thousands of your tax money on this faulty Measure
as A whistles in fiscal darkness.
Vote NO on Measure Q.
s/ John Hedges
Mayor
City of Newport Beach
30-139A
IF
ARGUMENT AGAINST k%1RE Q
Noleasure Q sufffers from two fatal flaws.
The first is that it would create two classes of Newport Beach citizens—
those who reside here now, and those who are annexed in the future.
Future citizens would have to pay a high monthly charge for garbage
pickup while present citizens are charged by expenditure of other tax
revenues.
This creation of separate classes needlessly jeopardizes the successful
annexation of the Newport Coast—an annexation which would result in
millions of dollars of additional revenues and for which potential residents
must vote. What benefit would any future citizens see in annexation to
Newport Beach? Would you want to be part of a City which charged you
more for the same service than your neighbors?
The second flaw is that the City Council has refused to make the moral
commitment to spend your tax dollars wisely. The City Council rejected
a proposal to refund excess tax and fee revenues to you, the taxpayer.
The main proponents of Measure Q called the tax refund proposal
"unreasonable."
Does anyone really believe that this raid on small businesses will result
in improved services and lower costs? The proponents argue that the
current system results in inequities—those of businesses which have
refuse pickup and those which do not This is the same inequity that
Measure Q would create among Newport Beach residents.
They will argue that some businesses "abuse" the service by having
daily refuse collection. NOTHING in our charter or codes requires daily
pickup. This "problem" can and should be handled administratively.
Don't believe the proponents' siren song of responsible administration.
They have shown far too often their willingness to raise taxes and fees
with no commitment to spend responsibly. You'll pay one way or another.
Stand up for responsible, fair, and equitable representation. Vote NO on
Measure Q.
s/ John W. Hedges
AGAINST MEASURE Q
Don't be fooled 7,�Jtical rhetoric of a few — The City Council in a
6-1 vote placed Measure Q on the ballot because they believe a YES
vote on Measure Q is a vote for fiscal responsibility. The two Council -
members signing this argument are fiscal conservatives who recently
voted in favor of a proposal to refund taxes and fees to residents.
Measure Q lets the voters decide if their tax dollars should be used for
police, fire and library services or commercial trash collection.
Your YES vote means continued free resident trash service without
the potential for a five million dollar reduction in police, fire and library
services.
Vote YES on Measure Q to Gose a loophole in existing law which
requires the City today to pay for the cost of trash collection for 200
businesses and could force the City to pay for trash collection and
disposal for over 4,000 businesses.
The City Council wants to annex Newport Coast but only if it makes
financial sense — the Council will not annex any territory at the expense
of current residents. A YES vote on Measure Q makes annexation more
likely because current residents won't be subsidizing trash collection
services for new residents.
A YES vote on Measure Q will mean tax dollars are spent wisely by
reaffirming your right to receive free trash collection withoutjeopardizing
police, fire and library services that make Newport Beach a great, City.
a/ Dennis D. O'Neil, City Councilmember and
Chairman of Council Finance Committee
s/ Rush Hill, Chairman
Newport Harbor Area
Chamber of Commerce
s/ Norma Glover, City Councilmember and
Chairman of Council Public Safety Committee
s/ Michael Stephens, Former Chairman
Newport Harbor Area
Chamber of Commerce
s/ Phil Sansone, Fortner Mayor
Chairman, Corona del Mar
Residents' Association
30-140
IAC N1li1G.\a1L1Ui1 N�ICGll1C111 Nage ly Ut SFJ
patrol beats to ensure that the Property becomes a part of two patrol
beats (beats covering the Property and other portions of the City) to
enhance coverage in the Newport Coast in comparison to existing
service. City will periodically evaluate staffing and assignments to
ensure that levels of patrol and service call response times in the
Newport Coast are comparable to other areas of the City. City shall
consider, and implement when appropriate, recommendations of the
Committee to provide temporary law enforcement services to Newport
Coast residents such as the use of the Community Center or fire station
to stage events such as crime prevention presentations, fingerprinting,
and other community events. The Parties acknowledge that this
Agreement does not create any legal claim or right of action on the part
of any Newport Coast resident to any specific law enforcement service
or response time and that all decisions relative to service are subject to
the City Council's authority pursuant to the Charter.
12. CURBSIDE RESIDENTIAL REFUSE COLLECTION. City shall, as
of the Effective Date, pay all charges incurred from the Effective Date
forward by any residential Association, or any resident of any
Association, that is a Party to this Agreement, for curbside refuse
collection for fully improved and occupied single family residences.
City shall have no obligation to pay for, or provide, any form of refuse
collection for educational, commercial, hotel, timeshare, or multi-
family uses. City's obligation to pay for refuse collection charges for
curbside residential collection shall continue until:
a. Similar refuse collection is no longer provided without charge to
residents in Newport Beach's pre -1996 boundaries; or
- b. City provides the refuse collection service using its own forces or
http://www.city.newport-beach.ca..../NCPreAnnexAgreement.ht 01/27/2002
Pre -Annexation Agreement
4andont Version — Page I0
Property and other portions of the City) to enhance coverage in the Newport Coast in
comparison to existing service. City will periodically evaluate staffing and assignments
to ensure that levels of patrol and service call response times in the Newport Coast are
comparable to other areas of the City. City shall consider, and implement when
appropriate, recommendations of the Committee to provide temporary law enforcement
services to Newport Coast residents such as the use of the Community Center or fire
station to stage events such as crime prevention presentations, fingerprinting, and other
community events. The Parties acknowledge that this Agreement does not create any
legal claim or right of action on the part of any Newport Coast resident to any specific
law enforcement. service or response time and that all decisions relative to service are
subject to the City Council's authority pursuant to the Charter.
12. CURBSIDE RESIDENTIAL REFUSE COLLECTION. City shall, as of the Effective Date,
pay all charges incurred from the Effective Date forward by any residential Association,
or any resident of any Association, that is a Party to this Agreement, for curbside refuse
collection for fully improved and occupied single family residences. City shall have no
obligation to pay for, or provide, any form of refuse collection for educational,
commercial, hotel, timeshare, or multi -family uses. City's obligation to pay for refuse
collection charges for curbside residential collection shall continue until:
(a) Similar refuse collection is no longer provided without charge to residents in
Newport Beach's pre -1996 boundaries; or
(b) City provides the refuse collection service using its own forces or a contractor.
In the event City provides curbside residential refuse service, City shall provide that
service at the same rates as are paid by the Newport Beach residents paying the lowest
rate for the same or similar service. In the event City assumes the responsibility for
curbside refuse collection for single family residences using its own forces, City shall use
its best efforts to provide refuse collection service using equipment and collection
techniques such as automated collection vehicles and presorted refuse containers similar
to those in use as of the Effective Date.
13. OPEN SPACE AND RECREATIONAL FACILITIES
(a) Procedures. The Parties acknowledge that certain open space dedications may
have been accepted by the County and/or may contain conditions that preclude
or impair the Parties' ability to achieve the Open Space Goals. NCC2K
acknowledges that City has a pre-existing duty to take or avoid any action that
could impair or restrict the development rights of Company and that failure to
perform could impact the open space dedication or improvement obligations of
the Company. Accordingly, the NCC2K acknowledges that the City is required
to accept the transfer or assignment of any open space dedicated to the County
unless the City determines that failure to do so will have no impact on the
Company's development rights and Company consents in writing. NCC2K also
acknowledges that City is required to accept any open space offered for
dedication unless the City determines that failure to do so will have no impact on
Company's development rights and Company consents in writing. City shall
accept, conditionally accept, require revisions to, or reject offers of dedication of
--open space as necessary or appropriate to achieve the Open Space Goals if City
has determined that such action will not impact Company s development rights
and Company has consented to such action in writing. City shall also accept
dedications of open space that may be inconsistent with the Open Space Goals
26 February 2002
To the Honorable Mayor Tod W. Ridgeway and the Honorable Council
members,
Below are some questions and concerns regarding Item #16, the Trash removal
Contract for Newport Coast:
What is the estimated Property Tax that the City of Newport Beach will
receive from Newport Coast?
What is the estimated build out of homes that will be receiving Curbside
Trash Removal Service out of the General fund?
What is the estimated cost of providing Curbside residential trash service to
Newport coast for the next 5 years?
2600 homes @ $13.03 = $33,878.00
(if 1/2 of those homes opt for another Trash Barrel @ 3.42 , which we pay for)
1300 Barrels @ 3.42 = 4,446.00
TOTAL $ 38.324.00 monthly x 12 = $ 459,888.00
5000 homes = 65,150.00
2500 barrels = 81550.00
TOTAL $ 73,700.00 monthly x 12 = $ 884,400.00
6000 homes = 78,180.00
3000 barrels = 10,260.00
TOTAL $ 88.440.00 monthly x 12 = $ 1.061280.00
7000 homes = 91,210.00
3500 barrels = 11,970.00
TOTAL $ 103.180.00 monthly x12 = $1.238,160.00
GOOD DEAL ......... WMOC gets to keep the $$$ for the recyclables and we,
the taxpayers get to pay for the barrels..............GOOD DEAL FOR WHOM?
Why does Bonita Canyon have to pay for their Trash ?
Why do we (meaning the City as of 1996 boundaries , according to
Measure Q) pay a recycle fee on our water bill????
Why do we have 3 different scenarios of Trash Service ????
Can we legally have 3 different scenarios of Trash Service?
Respectfully,
Dolores A. Offing
TO:
lutTSI i�
Mayor and City Council
General Services Director
FEB 12 1002
Council Agenda
Item No. 14
February 12, 2002
SUBJECT. Award of Newport Coast Residential Refuse Collection CoutractAgreement
Recommendation
Approve the attached contract agreement with Waste Management of Orange County to provide
residential refuse collection services in the Newport Coast area.
Background
The City of Newport Beach officially annexed the Newport Coast area on January 1, 2002.
Waste Management of Orange County currently provides residential refuse collection and
recycling services in the Newport Coast area under an exclusive franchise agreement with the
County of Orange.
The City has agreed to pay for refuse collection for the residents of Newport Coast
Pursuant to State law (Public Resources Code 49520), the City is required to continue service
with the existing exclusive franchisee, Waste Management of Orange County (WMOC), for a
minimum of five years. Written notice has been sent to WMOC of the City's intention to seek
bids for the Newport Coast residential refuse collection in January 2007.
During the interim five years (2002-2007), the City will contract with WMOC for residential
refuse collection service. At the end of the five-year period, the City will be free to
competitively bid the service.
Discussion
Waste Management of Orange County desires to enter into an agreement with the City to provide
service as referenced in the attached agreement. The agreement is proposed for a five-year term
as necessitated by the provisions of the State law noted above. Waste Management of Orange
County has also agreed to an annual CPI adjustment on only the service portion of the monthly
fee. No CPI is proposed for the disposal portion of the fee since the County landfill fee will
remain the same during the length of the contract. Annual CPI adjustments are limited to 3% per
year.
FAUSERS\C.SVVHanunonMSmffRgp rts\ologo2wwwmauapmentContractdw
Waste Management of Orange County acknowledges that the City has relied upon its
representations and commits to faithfully perform the services required by the agreement and in
accordance with the terms and conditions of the agreement.
Other significant provisions of the contract are as follows:
a. A monthly basic service fee of $13.03 per residence
b. An extra can provision for $3.42 per month per residence
c. Bulky item pickup available twice a year with a 4 item limit for each residence
As a matter of information, WMOC collects residential refuse on a weekly basis utilizing
automated collection equipment. Residents are provided two large wheeled refuse containers
that can be rolled to curbside where a collection truck with a hydraulic arm is used to collect
trash. One of the containers is used to collect refuse and one is used to collect recyclables. The
monthly rate of $13.03 per residence is a mid-level rate in the County where residential refuse
collection rates range from $8.00 to $16.39 per month.
The County exclusive franchise agreement will be amended to exclude the service by WMOC to
the Newport Coast Area once the City agreement is approved and executed.
Very respectfully,
David E. Niederhaus
Attachment: Newport Coast Refuse Contract Agreement
F:WSERWSWHammm"mffReports\010g02Wame.M=ge tContmctdoc
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into effective the 1st day of January of 2002, by and
between the City of Newport Beach, a Municipal Corporation and Charter City ("City"),
and USA Waste of California, Inc. dba Waste Management of Orange County., a
California Corporation ("Contractor or Waste Management'), is made with reference
to the following Recitals:
RECITALS
WHEREAS, Waste Management has a current Non -Exclusive Solid Waste Franchise
Agreement to provide commercial solid waste handling services in the City.
WHEREAS, On January 1, 2002, City annexed the area referred to as Newport Coast.
WHEREAS, Prior to annexation, Newport Coast was within the jurisdiction of the
unincorporated area of the County of Orange.
WHEREAS, On March 2, 1999 the County of Orange entered into an eight year
residential refuse collection agreement with Waste Management of Orange County to
provide refuse collection in Newport Coast.
WHEREAS, Effective January 1, 2002, the City has jurisdiction over refuse collection
services in Newport Coast.
WHEREAS, City has provided a written 5 year notice to Waste Management of Orange
County pursuant to Public Resources Code Section 49520.
WHEREAS, City desires to enter into an agreement with Waste Management to provide
refuse collection services for residential properties in Newport Coast.
WHEREAS, Waste Management and City have agreed that effective January 1, 2002,
the existing contract between Waste Management of Orange County and the County of
Orange to serve Newport Coast will be replaced by a new contract with the City of
Newport Beach.
NOW, THEREFORE, the Parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of five (5) years. The term shall
commence the date this Agreement receives City Council approval.
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2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict
compliance with the Scope of Work ("Contractor Duties") Exhibit A. The
Contract Duties shall be performed at least as frequently as specified in Exhibit
A. All of the Exhibits are considered to be a part of, and are incorporated into,
this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be hired in
compliance with State and Federal law.
B. All contract services shall be performed by competent and experienced
employees.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. Contractor shall provide City with
the designated supervisor's name and shall notify City of the name of any
successors within ten (10) days of any change in supervision.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms.
F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards. All vehicles shall
bear the identification of the Contractor and clearly post City provided
signs that say "Serving the City of Newport Beach" on each vehicle.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor in accordance with attached fee schedule (Exhibit B).
Contractor shall submit invoices for services provided to City on a monthly basis.
City shall pay invoices within thirty (30) days after receipt by the City. Payment
shall be deemed made when deposited in the United States mail, first class
postage pre -paid, and addressed to Contractor as specified in Section entitled
"Notices".
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5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the 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 express terms of this
Agreement. No civil service status or other right of employment shall accrue to
Contractor or its employees.
6. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, volunteers, and employees from and against any loss,
damages, liability, claims, costs, expenses or damages, including, but not
limited to, bodily injury, death, personal injury, property damages,
attorneys fees and court costs arising from, or in any way related to, the
performance of Contract Services required by this Agreement, provided,
however, Contractor's obligation in this regard shall not apply in the event
of the fraud or willful misconduct by City, its officials, agents, volunteers,
employees or representatives.
B. Contractor shall defend, indemnify and hold harmless City, its City
Council, boards and commissions, officers, volunteers and employees
from and against any and all loss, damages, liability, claims, costs and
expenses whatsoever, including reasonable attorneys' fees, which may
accrue to any and all persons, or business entities furnishing or supplying
work, services, materials, equipment or supplies to Contractor in the
performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees, volunteers and
representatives harmless, by any settlement with any such third party
unless that settlement includes a full release and dismissal of all claims by
the third party against the City.
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7. INSURANCE
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A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City.
Certification of all required insurance policies shall be signed by a person
authorized by that insurer to bind coverage on its behalf and must be filed
with the City prior to performing any Contract Services. Except workers'
compensation insurance, all insurance policies shall be endorsed to add
City, its elected officials, officers, agents and employees as additional
insureds for all liability arising from Contractors services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A-7 or
better carriers:
1. Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of two million dollars ($2,000,000) combined
single limit per accident for bodily injury and property damage, and
shall include sudden and accidental coverage.
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
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1. Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, volunteers and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
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 performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation which any such insurer of Contractor
may acquire against City by virtue of the payment of any loss under
insurance.
8. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
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subcontractors unless specifically authorized by City. Contractor may
assign or transfer this agreement to subsidiaries or affiliates of the
company upon notice to the City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general
partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
C. Contractor shall promptly notify the City of any company name change.
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly report indicating work performed and
submit this completed report to the City Administrator within ten (10) days
after the end of each month. A phone log will be submitted monthly of all
calls from the City of Newport Beach General Services Department and
the City of Newport Beach Police Department to the Contractor, whether
or not those calls require a request for service and a description of the
action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the disposal and labor costs incurred
under this Agreement. All such records shall be clearly identifiable.
Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a
period of three (3) years from the date of final payment under this
Agreement.
1.9
10.
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A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
11. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform refuse collection services as requested by the
Administrator and as noted by Exhibit B. The Administrator may give
verbal authorization for additional services up to one thousand dollars
($1,000).
12. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra
work which Contractor may be required to do, or respecting any payment to
Contractor during the performance of the Agreement, such dispute shall be
decided by the Administrator with any appeal to the City Manager. The City
Manager's decision shall be final.
13. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
14. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to
Thirty four thousand dollars ($34,000) as security for the Faithful Performance of
this Agreement.
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15. LABOR
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A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and
the Federal Fair Labor Standards Act.
B. 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 notice to City, including all
relevant information.
16. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment
based on race, religion, color, sex, handicap, national origin, or other basis that
violates the federal or state constitution or federal or state law. Contractor's
obligation not to discriminate shall apply, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project
should the Contractor fail to perform or default.
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
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19. NOTICES
All notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or
on the second business day after the deposit thereof in the United States mail,
postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658-8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
District Manager
Waste Management of Orange County
1800 South Grand Avenue
Santa Ana, CA 92705
20. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this Agreement by giving written
notice of termination.
B. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the Contractor fails to satisfactorily perform Contract
Services. City shall have the right to return funds withheld until the City
Administrator determines that Contract Services are performed as well as
required by this Agreement.
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21. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement,
the parties agree that the court with jurisdiction over the action may determine
and fix reasonable attorneys' fees and expenses to be paid to the prevailing
party.
22. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the
performance of Contract Services. Contractor shall fully comply with all
provisions of its Non -Exclusive Solid Waste Franchise Agreement with the City
and any other permitting or franchise requirements adopted by City.
23. WAIVER
A waiver by City 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.
24. Contractor agrees that this Agreement shall supercede all previous
agreements to provide residential refuse collection services in the Newport
Coast area including agreements with the County of Orange. Contractor
waives and releases all rights to provide services except as provided in
this Agreement. Contractor acknowledges receipt of the City five (5) year
notice on December 19, 2001 and agrees that upon termination of this
Agreement, Contractor will not contest City's right to provide services or
contract for services pursuant to a Request for Proposals process.
25. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties concerning the services to be provided
under this Agreement. All preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement. No verbal agreement
or implied covenant shall be held to vary the provisions hereon. Any modification
of this Agreement will be effective only by written execution signed by both City
and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
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ATTEST:
By:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
By:
_ , Z' �—�
Robin L. Clauson, Assistant City Attorney
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E
CITY OF NEWPORT BEACH
A Municipal Corporation
Tod Ridgeway, Mayor
USA Waste of California, Inc., dba
Waste
Ma 50f OBy:bertJ.
C e, DistdptfAanager
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LIST OF EXHIBITS
Exhibit A Refuse Contract Services
Exhibit B Level of Compensation
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Contractor Duties
Refuse Contract Services
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Exhibit A
1) To provide weekly private residential refuse collection, recycling and disposal
services to all private residences in the Newport Coast Area annexed on January 1,
2002 by the City.
2) The Contractor will handle all resident inquiries or complaints of service in an
expeditious manner.
3) To provide a bulky item pickup twice per year for each residence with a limit of 4
items per request.
4) The weekly basic service will consist of providing two individual automated style
containers, one for refuse and one for recyclable materials.
5) Refuse collection day for Newport Coast will be Friday. Collection day shall not
be changed without City approval. No change to this schedule will be considered with
less than 60 days notice to the City.
6) Additional refuse collection containers will be provided upon request of the
resident. The cost for the extra service provided in Exhibit B will be bome by the City.
7) Collect, recycle and dispose of all residential solid waste materials in accordance
with the provisions of the Non-exclusive Solid Waste Franchise Agreement and all
applicable City ordinances and State mandates.
8) To provide collection for Christmas trees discarded by any Newport Coast
resident served by the Contractor on the first two regularly scheduled collection days
after Christmas Day.
9) To provide on a monthly basis all necessary reporting data requested by the City
relating to the City's compliance requirements pertaining to AB 939 as it affects the
City's Integrated Solid Waste Management Plan. Such report shall be provided to the
City within 30 days after the end of each calendar quarter. The Contractor shall
cooperate with activities requested by the City to measure diversion of solid waste from
landfills, including, but not limited to, providing a location for conducting waste sorting
and re-routing trucks on a temporary basis to facilitate composition analysis.
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10) The Contractor shall keep data on the origin and tonnage of solid waste collected
in the Newport Coast area. The Contractor shall provide to the City, on a quarterly
basis, the following information in a format supplied by or approved by the General
Services Director:
1. The tonnage of Solid Waste collected by the gross number of tons
collected each month.
2. The origin and tonnage of solid waste that is actually delivered to the
designated landfill each quarter.
3. The weight of recyclable materials collected in the Newport Coast area
and delivered for recycling.
4. The facility to which each type of recyclable material or recovered material
is delivered by the Contractor.
5. Total weight, by type of material, of glass, aluminum, plastic, paper,
cardboard, concrete, dirt, asphalt, green waste, lumber and white goods
collected monthly.
6. Any other information reasonably requested by the City to meet State or
Federal regulatory reporting requirements of the City's Source Reduction
and Recycling Element (SRRE), as it may be amended from time to time.
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Exhibit B
Compensation for Services
Compensation for refuse contract services shall be $13.03 per residence. The
monthly rate of $13.03 per residence is composed of a base service fee
component of $10.72 and a disposal fee component of $2.31.
In addition to the monthly rate of $13.03 per residence, City will pay for extra
refuse or recycling cans as requested by individual residents in the amount not to
exceed $3.42 per resident request.
3. City franchise fees pursuant to Section 12.63.070 shall be waived, but only for
residential solid waste handling services provided under this Agreement.
4. The City will be billed in arrears by the Contractor on a monthly basis.
5. The base service fee of $10.72 shall be increased on January 1, 2003, and every
12 months thereafter to reflect any increase in the Consumer Price Index (CPI —
all urban consumers for the Los Angeles — Anaheim — Riverside area) for the 12
months proceeding the prior November index, provided that the CPI increase
shall not exceed 3% per 12 month period.
F:\Users\GS\AJHammond\WMOCattamendl.doc
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PUBLIC RESOURCES CODE
SECTION 49520-49524
on
y, l7(/�
of serz.oica,-
49520. If a local agency has authorized, by franchise, contract,
license, or permit, a solid waste enterprise to provide solid waste
handling services and those services have been lawfully provided for
more than three previous years, the solid waste enterprise may
continue to provide those services up to five years after mailed
notification to the solid waste enterprise by the local agency having
jurisdiction that exclusive solid waste handling services are to be
provided or authorized, unless the solid waste enterprise has an
exclusive franchise or contract.
If the solid waste enterprise has an exclusive franchise or
contract, the solid waste enterprise shall continue to provide those
services and shall be limited to the unexpired term of the contract
or franchise or five years, whichever is less.
49521. A solid waste enterprise providing continuation solid waste
handling services pursuant to Section 49520 is subject to the
following conditions:
(a) The services of the solid waste enterprise shall be in
substantial compliance with the terms and conditions of the
franchise, contract, license, or permit, and meet the quality and
frequency of services required by the local agency in other areas not
served by the solid waste enterprise.
(b) If the local agency has established rates for solid waste
handling services, the solid waste enterprise may be required by the
local agency to adhere to rates that are comparable to those
established by the local agency.
49522. Nothing in this chapter affects the right of a city
following annexation to terminate for cause a franchise, contract,
license, or permit held by a solid waste enterprise authorized by the
county.
49523. Any local agency or solid waste handling enterprise may
contract, upon mutually satisfactory terms, for the termination of
all or any part of the business of the solid waste enterprise before
the expiration of the period specified in Section 49520.
49524. Notwithstanding Section 49523, a solid waste enterprise may
not waive the right to continue to provide solid waste handling
services as provided in this chapter.
GOVERNMENT CODE
SECTION 57375-57385
57375. Except as otherwise provided in this chapter, on and after
the effective date of an incorporation, the territory incorporated,
all inhabitants within the territory, and all persons entitled to
vote within the newly incorporated city by reason of residing in the
city are subject to the jurisdiction of the city and shall have the
rights and duties conferred on them as inhabitants and voters of the
incorporated city.
57376. (a) If the newly incorporated city comprises territory
formerly unincorporated, the city council shall, immediately
following its organization and prior to performing any other official
act, adopt an ordinance providing that all county ordinances
previously applicable shall remain in full force and effect as city
ordinances for a period of 120 days after incorporation, or until the
city council has enacted ordinances superseding the county
ordinances, whichever occurs first. However, if the Board of
Supervisors of the County of Orange has adopted an ordinance or
resolution, or both, pursuant to Section 50029 or 66484. 3 prior to
the effective date of an incorporation of a city within that county,
that ordinance or resolution shall not be repealed or superseded by
the city until the county ordinance or resolution has been repealed
or superseded by the board of supervisors of that county. If the
county ordinance or resolution is repealed or superseded, then within
30 days of the effective date of the ordinance or resolution
repealing or superseding the county ordinance or resolution, the city
council shall enact a new ordinance or resolution conforming in all
respects to the action taken by the county. The ordinance enacted
by
the city council immediately following its organization also shall
provide that no city ordinance enacted within that 120 -day period of
time be deemed to supersede any county ordinance unless the city
ordinance specifically refers to the county ordinance, and states an
intention to supersede it. Enforcement of the continuing county
/ GERAL ELECTION �► •
N EMBER 5, 1996
CITY OF NEWPORT BEACH
Shall Initiative Ordinance 878 be amended to Yes +
Q require the City of Newport Beach to use
property tax revenue to pay only for the cost of No +
providng curbsidecontainer refuse collection
for existing or future residential units within city boundaries as of
November 1,1998?
CITY OF ORANGE
Shall the City of Orange Council Members be
Yes
+
Rlimited to a maximum of two consecutive tour -
year terms and the elected Mayor be limited to
No
a maximum dthreeconsecutivetwo-year tams?
CITY OF YORBA LINDA
l
Shall the Ordinance be adcpted which ordains Yes +
that a person is inelk e t bald office as a
S
Member of the City Cama) if that person has No +
served in the oft for three (3) full terns?
Shall the Ordinance be adopted vdnirin ordains Yes +
T Nat a person is ire5gble to hold o1Gce as a
Member of the City Council if that person has No +
served in the oft for two (2) consacutive full
terms, unless he or she has been out of the office for at least two
0 years, with no Gmimtion on tha total number of tams?
ROSSMOOR COMMUNITY SERVICES DISTRICT
Shell the ordinance be adopted expanding the Yes +
U powers of the RDssmoor Community Services
District to the extent necessary to repair, main. No +
pin a dor replace the Rossmoor red bridtw all
adjacent to Los Ala *&Seal Beads Boule4ard arQectm adopim of a
M—w'Smx(WemmV)IoMtrsjchbyatNo4irdsmabbVM7
Shaer the resolution be apQtoved which ion Yes +
m
V po
s)�altaxofTWE6.FOUR0diars
(S2 year on property within the Ross I No +
moor Community Services District in order to
pay for maintenance, repair, andlor replacement of the Rossrnoor
red brick wan adjacent to Los AlamitosfSeal Beach Boulevard,
subject to the adoption of Measure U by a majority vote?
PLACENTIA LIBRARY DISTRICT
Shall the Placentia Library District be auNa- Yes +
W ized to levy a special per parcel tax annuaty tar
live years to replace Ibtaky funding Ica due to No +
the reallop0ien of local property tact by the State
ofCalifornia and the el mindon of the Special District Augmentation
Fund?
ZI
FULL TEXT OF MEASURE Q
CITY OF NEWPORT BE,4
COSTS DEFRAYED FROM AD VALOREM TAX REVENUE
(Ordinance 878 as adopted by a majority vote of the electorate of the City
of Newport Beach on 612159, effective 6119159)
Section 6.04.170. The cost and expense of collecting, hauling away
and disposing of garbage, refuse and cuttings as those termsare defined
by Sections 6.04.010, 6.04.020 and 6.04.030, for any dwelling or
dwelling unit existing or future, within the boundaries of the City as of
November 1. 1996that receives curbside container refuse collection
service from the City of Newport Beach, shall be defrayed exciusively
from the ad valorem tax revenues of the City of Newport Beach.
ARGUMENT IN FAVOR OF MEASURE Q
VOTE YES ON MEASURE Q
YES ON MEASURE Q
Reaffirms right of residents to continue to receive curbside container
refuse service without fees.
YES ON MEASURE Q
• Protects against reductions in Police, Fire and Library and other
important services that would result if taxpayers pay the cost of
providing free refuse service for all businesses.
YES ON MEASURE Q
• Avoids dramatic increases in the number of City employees and
equipment necessary to collect all of the refuse generated by busi•
nesses.
YES ON MEASURE Q
• Ensures the City's ability to provide services to its residents without
being impacted by the cost of refuse services to areas annexed to
the City in the future.
YES ON MEASURE Q
• Ensures that commercial solid waste collection and disposal is
handled by the private sector — not public employees at taxpayers
expense.
YES ON MEASURE Q
• Eliminates government subsidies to some businesses and promotes
competition on a level playing field.
Residents and business owners who care about the quality of life in
Newport Beach support Measure Q. AYES vote on Measure Q protects
the right of residents to receive trash collection service without the fees
that are charged by every other Orange County city. Passage of
Measure Q will ensure that property tax revenues continue to be used
to provide high quality Library, Police and Fire services to the community
— not free refuse collection for a few businesses. A YES vote on
Measure Q will eliminate government subsidies for those few busi-
nesses who currently benefit from an ordinance designed to protect
residents. Vote YES on Measure Q to protect your right to free trash
service while ensuring continued high quality Police, Fire and Library
services.
sl Dennis D. O'Neil, City Councilmember
Chairman of Council Finance Committee
s/ Rush Hill, Chairman
Newport Harbor Area Chamber of Commerce
s! Norma Glover, City Councilmember
Chairman of Council Public Safety Committee
st Mike Stephens, Fortner Chairman
Newport Harbor Area Chamber of Commerce
of Phil Sansone, Former Mayor
Chairman Corona del Mar Residents' Association
IMPARTIAL ANALYSIS BY CITY ATTORNEY
•h MEASURE Q
In 1959, Newport Beach voters approved an initiative measure which
required the City to use ad valorem property tax revenues to pay for the
cost of collecting, hauling and disposing garbage and refuse. The City
has, for more than 35 years, used property tax revenue to finance the
cost of providing curbside container refuse service to single family
residences, some multi family residences, and a very small percentage
of businesses. The vast majority of businesses and many large residen-
tial projects collect refuse in bins and pay private haulers to dispose of
the garbage. Newport Beach is the only City in Orange County that uses
property tax revenue to pay for residential container refuse service.
A yes vote on this Measure would require the City to continue to use
property tax revenue to pay for the cost of curbside container refuse
service for existing residential units and those to be constructed within
the current boundaries of the City of Newport Beach. A "yes" vote on
this measure will not affect businesses and residential projects using
private haulers to collect and dispose of refuse but will eliminate the
City's practice of providing free refuse service to approximately 200
businesses. A "no" vote on the Measure would, at the very least, require
the City to continue to use property tax revenue to pay for curbside
container refuse collections service currently provided for some busi-
nesses. A "no" vote on this Measure would potentially cause the City to
use approximately $5,000,000 in property tax revenue to fund the cost
of refuse collection formore than 4,000 businesses with a corresponding
reduction in revenue for other City services.
st Robert H. Burnham
City Attorney
REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE Q
The basic premise of Measure Q is faulty. It is the bureaucratic camel's
nose in the taxpayer's tent of tax -paid refuse collection.
Already a majority of the City Council would like to charge you monthly
for refuse service already paid for by your taxes. There would be no limit
to those fees.
A point by point answer to the proponent's argument follows:
• No affirmation is necessary. Free refuse service is already memori-
alized in the existing ordinance.
• The existing ordinance has been in place for nearly 40 years without
service cuts.
• The number of City employees and equipment needed to collect
refuse is already reduced. There is no increase whatsoever planned
or required.
• The measure would greatly harm the City's ability to annex by
imposing a tax on future residents. Additional tax revenues will be
lost
• The City Council has already refused to put City refuse collection out
to private bid.
• There are no government subsidies. What is touted as competition
is really a cut in service.
This measure masks the refusal of the City to fulfill its obligation to public
financial responsibility. Non-resident use of the Library is over 50%. The
City Council refused to consider significant savings in administration of
the public safety departments which could enhance the ability to provide
police and fire service at lower cost. The City Council refused to refund
recycling fee overcharges.
The City is spending thousands of yourtax money on this faulty Measure
as it whistles in fiscal darkness.
Vote NO on Measure Q.
s! John Hedges
Mayor
City of Newport Beach
30-139R
io
- " ARGUMENT AGAINST h*1RE 0
Measure Q sufftrs from two fatal flaws.
The first is that it would create two Gasses of Newport Beach citizens—
those who reside here now, and those who are annexed in the future.
Future citizens would have to pay a high monthly charge for garbage
pickup while present citizens are charged by expenditure of other tax
revenues.
This creation of separate classes needlessly jeopardizes the successful
annexation of the Newport Coast—an annexation which would result in
millions of dollars of additional revenues and forwhich potential residents
must vote. What benefit would any future citizens see in annexation to
Newport Beach? Would you want to be part of a City which charged you
more for the same service than your neighbors?
The second flaw is that the City Council has refused to make the moral
commitment to spend your tax dollars wisely. The City Council rejected
a proposal to refund excess tax and fee revenues to you, the taxpayer.
The main proponents of Measure Q called the tax refund proposal
"unreasonable."
Does anyone really believe that this raid on small businesses will result
in improved services and lower costs? The proponents argue that the
current system results in inequities—those of businesses which have
refuse pickup and those which do not. This is the same inequity that
Measure Q would create among Newport Beach residents.
They will argue that some businesses "abuse" the service by having
daily refuse collection. NOTHING in our charter or codes requires daily
pickup. This "problem" can and should be handled administratively.
Don't believe the proponents' siren song of responsible administration.
They have shown far too often their willingness to raise taxes and fees
with no commitment to spend responsibly. You'll pay one way or another.
Stand up for responsible, fair, and equitable representation. Vote NO on
Measure Q.
s/ John W. Hedges
REBUTT ARGUMENT AGAINST MEASURE Q
Don't t fooled ical rhetoric of a few — The City Council in a
6-1 vote placed Measure Q on the ballot because they believe a YES
vote on Measure Q is a vote for fiscal responsibility. The two Council.
members signing this argument are fiscal conservatives who recently
voted in favor of a proposal to refund taxes and fees to residents.
Measure Q lets the voters decide if their tax dollars should be used for
police, fire and library services or commercial trash collection.
Your YES vote means continued free resident trash service without
the potential for a five million dollar reduction in police, fire and library
services.
Vote YES on Measure Q to close a loophole in existing law which
requires the City today to pay for the cost of trash collection for 200
businesses and could force the City to pay for trash collection and
disposal for over 4,000 businesses.
The City Council wants to annex Newport Coast but only if it makes
financial sense — the Council will not annex any territory at the expense
of current residents. A YES vote on Measure Q makes annexation more
likely because current residents won't be subsidizing trash collection
services for new residents.
A YES vote on Measure Q will mean tax dollars are spent wisely by
reaffirming your right to receive free trash collection withoutjeopaniizing
police, fire and library services that make Newport Beach a great, City.
s/ Dennis D. O'Neil, City Councilmember and
Chairman of Council Finance Committee
s/ Rush Hill, Chairman
Newport Harbor Area
Chamber of Commerce
s/ Norma Glover, City Councilmember and
Chairman of Council Public Safety Committee
s/ Michael Stephens, Fortner Chairman
Newport Harbor Area
Chamber of Commerce
s/ Phil Sansone, Former Mayor
Chairman, Corona del Mar
Residents' Association
rrC ruinexauun agreement rage 19 of 4.)
patrol beats to ensure that the Property becomes a part of two patrol
beats (beats covering the Property and other portions of the City) to
enhance coverage in the Newport Coast in comparison to existing
service. City will periodically evaluate staffing and assignments to
ensure that levels of patrol and service call response times in the
Newport Coast are comparable to other areas of the City. City shall
consider, and implement when appropriate, recommendations of the
Committee to provide temporary law enforcement services to Newport
Coast residents such as the use of the Community Center or fire station
to stage events such as crime prevention presentations, fingerprinting,
and other community events. The Parties acknowledge that this
Agreement does not create any legal claim or right of action on the part
of any Newport Coast resident to any specific law enforcement service
or response time and that all decisions relative to service are subject to
the City Council's authority pursuant to the Charter.
12. CURBSIDE RESIDENTIAL REFUSE COLLECTION. City shall, as
of the Effective Date, pay all charges incurred from the Effective Date
forward by any residential Association, or any resident of any
Association, that is a Party to this Agreement, for curbside refuse
collection for fully improved and occupied single family residences.
City shall have no obligation to pay for, or provide, any form of refuse
collection for educational, commercial, hotel, timeshare, or multi-
family uses. City's obligation to pay for refuse collection charges for
curbside residential collection shall continue until:
a. Similar refuse collection is no longer provided without charge to
residents in Newport Beach's pre -1996 boundaries; or
b. City provides the refuse collection service using its own forces or
http://www.city.newport-beach.ca..../NCPreAnnexAgreement.ht 01/27/2002
Pre -Annexation Agreement
• 0Handout Version — Page 10
Property and other portions of the City) to enhance coverage in the Newport Coast in
comparison to existing service. City will periodically evaluate staffing and assignments
to ensure that levels of patrol and service call response times in the Newport Coast are
comparable to other areas of the City. City shall consider, and implement when
appropriate, recommendations of the Committee to provide temporary law enforcement
services to Newport Coast residents such as the use of the Community Center or fire
station to stage events such as crime prevention presentations, fingerprinting, and other
community events. The Parties acknowledge that this Agreement does not create any
legal claim or right of action on the part of any Newport Coast resident to any specific
law enforcement service or response time and that all decisions relative to service are
subject to the City Council's authority pursuant to the Charter.
12. CURBSIDE RESIDENTIAL REFUSE COLLECTION. City shall, as of the Effective Date,
pay all charges incurred from the Effective Date forward by any residential Association,
or any resident of any Association, that is a Party to this Agreement, for curbside refuse
collection for fully improved and occupied single family residences. City shall have no
obligation to pay for, or provide, any form of refuse collection for educational,
commercial, hotel, timeshare, or multi -family uses. City's obligation to pay for refuse
collection charges for curbside residential collection shall continue until:
(a) Similar refuse collection is no longer provided without charge to residents in
Newport Beach's pre -1996 boundaries; or
(b) City provides the refuse collection service using its own forces or a contractor.
In the event City provides curbside residential refuse service, City shall provide that
service at the same rates as are paid by the Newport Beach residents paying the lowest
rate for the same or similar service. In the event City assumes the responsibility for
curbside refuse collection for single family residences using its own forces, City shall use
its best efforts to provide refuse collection service using equipment and collection
techniques such as automated collection vehicles and presorted refuse containers similar
to those in use as of the Effective Date.
13. OPEN SPACE AND RECREATIONAL FACILITIES
(a) Procedures. The Parties acknowledge that certain open space dedications may
have been accepted by the County and/or may contain conditions that preclude
or impair the Parties' ability to achieve the Open Space Goals. NCC2K
acknowledges that City has a pre-existing duty to take or avoid any action that
could impair or restrict the development rights of Company and that failure to
perform could impact the open space dedication or improvement obligations of
the Company. Accordingly, the NCC2K acknowledges that the City is required
to accept the transfer or assignment of any open space dedicated to the County
unless the City determines that failure to do so will have no impact on the
Company's development rights and Company consents in writing. NCC2K also
acknowledges that City is required to accept any open space offered for
dedication unless the City determines that failure to do so will have no impact on
Company's development rights and Company consents in writing. City shall
accept, conditionally accept, require revisions to, or reject offers of dedication of
open space as necessary or appropriate to achieve the Open Space Goals if City
has determined that such action will not impact Company's development rights
and Company has consented to such action in writing. City shall also accept
dedications of open space that may be inconsistent with the Open Space Goals
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to 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 Project term. Consultant has designated Maria Levario to be its Project
Manager. Consultant shall not remove or reassign any personnel designated in this
Section or assign any new or replacement person to the Project without the prior written
consent of City. City's approval shall not be unreasonably withheld with respect to
removal or assignment of non -key personnel.
7.1 Consultant, 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 the City.
Consultant warrants it will continuously fumish the necessary personnel to complete the
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
j Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays which are due to causes beyond Consultant'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 to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
r.si> Consultant will discuss and review all matters relating to policy and project
{+� direction with the Project Administrator in advance of all critical decision points in order to
12
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council,
11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
t services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other contractors,
excepting only the sole negligence or willful misconduct of City, its officers or employees,
and shall include attorneys' fees and all other costs incurred in defending any such claim.
Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees
in any action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business in the State of California,
i wan an assignea poucyhoiaers' Hating of A (or nigner) ana rinanciai Size uategory ciass
4✓ VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless
5
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} otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give to City prompt and timely notice of claim made or
suit instituted arising out of Consultant's operation hereunder. Consultant 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
n more of the voting power, or twenty -five percent (25 %) or more of the assets of the
E corporation, partnership orjoint- venture.
E
i 15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at Citys sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
r
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be entitled to rely
upon the accuracy of data information provided by City or others without independent
review or evaluation. City will provide all such materials in a timely manner so as not to
cause delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records -with respect to the costs incurred under this Agreement. All such records shall be
a clearly identifiable. Consultant shall allow a representative of City to examine, audit and
7
Y
0
0
make transcripts or copies of such records during normal business hours. Consultant
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 under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to appeal
to the City Manager or his designee with respect to such disputed sums. Consultant shall
be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per
annum from the date of withholding of any amounts found to have been improperly
withheld.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
22. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose
financial interest that may foreseeably be materially affected by the work performed under
this Agreement, and (2) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure
to do so constitutes a material breach and is grounds for termination of this Agreement by
City. Consultant shall indemnify and hold harmless City for any and all claims for
damages resulting from Consultant's violation of this Section.
23. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
24. NOTICES
All notices, demands, requests or approvals to be given under 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.
iii
0 0
-� All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Phone (949) 644 -3200
Fax (949) 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, California 92614
Phone (949) 553 -0666
Fax: (949) 553 -8076
25. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other parry of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
25.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
26. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
27. WAIVER
A waiver by either parry of any breach, of any term, covenant or condition
4
0
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. 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consliliam..
29. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, .representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
AT
0
City Clerk
Attachments: Consultant Proposal (Exhibit A)
10
CITY OF NEWPORT BEACH
A Municipal Corporation
Homer Bludau
City Manager
City of Newport Beach
CONSULTANT:
%r
By:
— Rebel# W. Belen fix• McCann
LSA Associates, Inc. President
LSA
February 8, 2002
James W. Campbell
Senior Planner
L SSOCIATIS, INC. OTHER OFFICES: FT. COLLINS
O ARK PLAZA, SUITE 500 949.553•o666 TIis BERKELEY RIVERSIDE
IRVINE, CALIFORNIA 91614 949.553.6076 FAX ►T. RICHMOND ROCKLIN
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Subject: Revised Proposal to Prepare an Initial Study and Focused Environmental Impact
Report for the Newport Beach Temple
Dear Mr. Campbell:
LSA Associates, Inc. (LSA) is pleased to provide the City of Newport Beach (City) with this proposal
to prepare an Initial Study/Focused Environmental Impact Report (EIR) for the proposed Newport
Beach Temple. This proposal is based on our knowledge of the project area, discussions with you
and the project applicant, review of the completed Environmental Information Form, two visits to the
site, and attendance at four meetings at City Hall.
jLSA will review and incorporate the information included in the Biological Resource Assessment,
Archaeological Assessment, Paleontologic Resource Assessment, and Initial Study/Mitigated
Negative Declaration (IS/MND) previously prepared for the project site in 1992. A biological
resources update is included in this scope of work. LSA's work effort outlined in this proposal is to
prepare an IS and to prepare and circulate a Focused EIR providing focused study of the potential
environmental effects of construction and operation of a Temple on the existing church site, primarily
discussing visual, traffic, water quality, and air quality effects. Should the scope of work change due
to the City's desire to address additional issues in the Focused EIR, a budget amendment would be
requested prior to initiation of additional work.
Our proposed scope of work, schedule, and budget are attached. Should you have any questions,
please call me at (949) 553 -0666.
Thank you for the opportunity to assist you with this project.
LSA (ASSOCIATES. INC.
Rob Balen
Principal
Attachments
2/8102«P:\cnb230 \EIR Proposal.wpd3)
PLANNING l ENVIRONMENTAL SCIENCES l DIIION
0 •
SCOPE OF WORK
Based on LSA's knowledge of the project, the project area, and a review of project supporting
documentation, we have prepared a pragmatic work program for the EIR. This work program will
provide the City of Newport Beach with the following:
• A project level EIR to allow environmental clearance of proposed development components
consistent with the level of project information available.
• A sensitivity to cost considerations. To this end, LSA will utilize 1) all relevant documentation
provided by the City, and 2) previous environmental clearance documents for the previously
proposed project on the site.
• An environmental analysis consistent with California Environmental Quality Act (CEQA) and
City requirements and procedures in a document that is defensible and complete.
• A responsive schedule to include the timely consideration of certification of the Final EIR.
TASK 1: ENVIRONMENTAL ISSUE IDENTIFICATION AND ANALYSIS
LSA will assemble all pertinent data provided by the Applicant, the City, and any responsible agency
essential for preparation of an Initial Study and Notice of Preparation, as well as other appropriate
informational documents prepared for projects in the vicinity.
A Screencheck Initial Study (IS), for review by the City, will be prepared to evaluate potential
impacts of the proposed project. The IS will be prepared in compliance with CEQA and the CEQA
Guidelines, as well as City CEQA Guidelines, if applicable. The IS will utilize the Environmental
Checklist Form (Appendix G of the CEQA Guidelines), and will include thorough responses to each
of the checklist questions to determine the potential environmental effects of the proposed project.
To enable LSA to proceed with this first task, the following information must be provided by the
applicant to clearly define the project description and conduct the environmental analysis:
• Complete Plans and Elevations
• Visual Simulations (if required, applicant will provide calculations and data files of visual
simulations for peer review)
• Geotechnical Report
• Photos of the site and surroundings
( Schedule and description of the facility uses, hours, number of persons attending, and an estimate
k of the maximum number of persons attending church at any one time
P:%cnb230T1R Proposal.wpd 02M'02H
LSA ASSOCIATES. INC. •
FEBRUARY 2002
• Traffic Phasing Ordinance and Parking Study
• Engineered hydrology and water quality plans and studies
. PROPOSAL
NEWPORT BEACH TEMPLE
The IS document will contain all applicable environmental components required by CEQA, including
project description, IS Checklist, and Checklist responses. The methodology for addressing each
environmental topic is addressed below. For each of the environmental impact sections, the existing
environmental setting will be compared to the proposed project.
Biological Resources
LSA will utilize the previously prepared Biological Resources Assessment, other documentation
related to biological resources on the site, and a site visit in its analysis of this issue. Because a
portion of the project site is currently being used for overflow parking from the adjacent church
facility and a majority of the site has been graded, it is not anticipated that significant impacts related
to biological resources will occur.
As an additional task, LSA will complete a performance evaluation on the Church coastal sage scrub
mitigation site, located north of the proposed project. LSA will evaluate the continuing progress of
the mitigation site since its acceptance by the agencies. The number of California gnatcatcher pairs
will also be noted. The findings will be incorporated into the environmental documentation currently
being prepared for the City of Newport Beach (City) for the LDS Temple project.
Cultural Resources
LSA will review and incorporate the findings and recommendations of the previously prepared
Archaeological Assessment and Paleontologic Resource Assessment, as well as other documentation
related to cultural resources. No significant cultural resource issues are anticipated.
Geology and Soils
LSA will summarize the findings of the geotechnical report provided by the applicant. In addition to
a discussion of seismic concerns, the discussion will focus on the proposed grading on the site.
Land Use and Planning
This section will describe the existing land use setting and analyze the project's compatibility with the
surrounding land uses, as well as its conformance with the City s General Plan Land Use Element,
Zoning Ordinance, and other applicable plans and policies. The City's preliminary review of the
project revealed that the proposed facility is a conditionally permitted use under the Bonita Canyon
Specific Plan EIR and complies with the City's General Plan policies.
Mcat;230WR Proposal.wpd (Q/8102))
1
LSA ASSOCIATES. INC.
IESRUARY 2002
Noise
. RROIOSAL
NEWPORT BEACH TEN }LE
This section will focus primarily on temporary noise impacts generated by project construction. In
addition, an analysis of traffic noise impacts of the project and potential impacts to the surrounding
area will be included in the discussion.
Agricultural Resources, Hazards and Hazardous Materials, Mineral Resources, Public
Services, Recreation, Utilities /Service Systems
Given the project location and nature/intensity of use, no significant impacts are anticipated for these
environmental topics. Therefore, LSA will describe the existing conditions and provide a limited
assessment of the impacts of the project. This analysis will be based on existing information
contained within the City's General Plan Elements and other applicable City policies, as well as
previous environmental analysis relevant to the project site.
TASK 2: DRAFT INITIAL STUDY/NOTICE OF PREPARATION
After receiving comments from the City on the Screencheck IS, LSA will make the necessary
revisions to the document and supporting technical studies and will prepare a Draft IS to attach to a
Notice of Preparation for public review.
We will provide a pre -print version/revised screencheck of the Draft IS/NOP to the City and
applicant for a limited final review prior to printing. The purpose of this review will be to verify that
the City is satisfied with the new and revised text. At the pre -print stage, no substantive changes to
technical analyses or conclusions are provided for in the schedule or budget.
TASK 3: PREPARATION OF FOCUSED ENVIRONMENTAL IMPACT
REPORT (EIR)
LSA will prepare a Screencheck EIR in accordance with the requirements of CEQA and CEQA
Guidelines for review by the City. The document will contain all applicable environmental
components required by CEQA, including Introduction, Background, Project Description/
Characteristics/Phasing and Discretionary Approvals; Setting, Impacts (Project and Cumulative),
Mitigation and Level of Significance; and mandatory CEQA topics (e.g., Growth Inducement),
Alternatives, and lists of references, persons consulted, and EIR preparers. The document that is
submitted to the City will be in a screencheck form, reflecting LSA internal review and quality
control.
The Focused EIR will address the following issues:
Aesthetics
f;`.. N This section will evaluate potential visual impacts of the proposed project from selected viewpoints,
iiAAJJ and will address potential light and glare issues. This analysis will focus primarily on the project's
potential to impact views from the sports park southwest of the project site (currently under
P:knb230\EIR Propwal.wpd 0218/02»
UA ASSOCIATES. INC. PROPOSAL
•
I ESAUART ]00] NEWPORT REACH TENELE
construction), Bonita Canyon Road, the homes immediately northeast of the site in the Bonita
Canyon Development, as well as homes south of the site. The analysis will utilize visual simulations
to be provided by the applicant. Additionally, LSA will conduct a peer review of the visual
simulations provided by the applicant or, if appropriate, LSA will provide additional visual
simulations with viewpoints selected by the City and the applicant (optional task). Visual simulations
by LSA are not included in this scope of work and budget. If potentially significant visual impacts
are predicted from the project, mitigation measures will be proposed to endeavor to reduce visual
impacts to less than significant levels.
Air Quality
The air quality section will contain a qualitative discussion of the air quality impacts generated by the
project as required by the South Coast Air Quality Management District. Special emphasis will be
placed on temporary air quality impacts generated by project construction.
Hydrology and Water Quality
Water quality concerns continue to increase with regard to projects in California, as the public and
the Regional Water Quality Control Boards increase their scrutiny over development projects. LSA
j will review and incorporate findings of previously prepared hydrology reports, previous
J environmental analysis relevant to the project site, and updated hydrology and water quality
information provided to LSA by the applicant's project engineer.
Transportation/Traffic
This section will evaluate the on -site and off -site traffic circulation system and parking associated
with the proposed project. Because the majority of Temple activities occurs during off -peak hours,
traffic is not expected to be a significant issue. LSA will utilize the Traffic Phasing Ordinance Study
and Parking Study prepared by Urban Crossroads for the proposed project.
Review and Revisions to EIR
The Screencheck EIR, including appendices and supporting documentation, will be submitted for
City review. After receiving comments from City staff on the Screencheck EIR, LSA will make
necessary revisions to the document.
Prior to circulation of the Draft EIR, we will provide a pre -print version of the Draft EIR to the City
for a limited final review prior to printing the Draft EIR. The purpose of this review will be to review
the changes to the Screencheck and to verify that the City is satisfied with the new and revised text.
LSA specifies six hours of professional staff time to make final corrections.
Prior, to completion of the Draft EIR, LSA will work with the City to compile the distribution list and
will prepare a draft Notice of Completion for City review and signature. Copying and distribution of
P:knb2301EIR Propozal.wpd 02/8102»
uA ASSOCIATES. INC. PROPOSAL
I[aRu ARY 200E 0 • NEWPORT aEACH TEMPLE
the Draft EIR to Responsible Agencies and interested parties will be completed by LSA on a cost
plus expenses basis.
During the public review period, LSA will prepare responses to those comments as comments on the
Draft EIR are received.. We will work with the team to determine responsibilities for those responses
based on information developed by others (comments on engineering issues or applicant supplied
technical studies). Once we have reviewed the comments and prior to preparing the responses, we
will present a strategy for the response document and will discuss that strategy with the team. The
strategy will address the following types of issues: whether comments will be responded to
individually or grouped by topic and subtopic; tracking system for cross referencing and ensuring that
all comments are answered; approach to answering comments on issues that may be more
philosophical than technical (such as the project objectives). LSA's objectives for the response to
comments are: 1) to be aggressive in establishing the strategy and determining responsibilities in
order to maintain the schedule and minimize later revisions; 2) to prepare a document that is well
organized and usable by all parties, including the public; and 3) to adequately respond to all -
comments. Although the focus of the responses will be those comments that are truly subject to
CEQA review, we will also endeavor to answer all questions in an informative manner.
The responses will be assembled into the response to comments component of the Final EIR.
Providing a budget estimate for responding to comments on the Draft EIR is extremely difficult
because it is impossible to predict the volume and nature of the comments. This proposal lists the
tasks we will complete and the conditions of our scope of work. These conditions are the basis for
our budget estimate. They are based on our knowledge of the project and our projections of the
volume and nature of the comments received. Significant new analysis is not included in this task.
We have allocated 32 hours of LSA professional staff time for responses to comments. LSA may
rely on technical input and advice from LDS consultants and the architect for responses to comments
received on the accuracy of the view simulations. In addition, LSA may have to rely on the City's
traffic consultant, Urban Crossroads, for responses to technical questions about the traffic report.
The City will independently verify all responses prior to public release.
Following City of Newport Beach review of responses to comments, LSA will prepare a proposed
Final EIR (Volume III), which will consist of 1) City of Newport Beach Resolutions (provided by the
City of Newport Beach), including mitigation monitoring program (discussed below); 2) comment
letters and responses thereto with supporting appendices material; 3) any modifications that may be
needed to the Draft EIR document (to be accomplished through preparation of an errata document, if
deemed necessary by the City of Newport Beach); and 4) findings /statement of overriding
considerations (provided by the City).
LSA will prepare a mitigation monitoring program. The monitoring program is intended to ensure
that the adopted mitigation measures are implemented. The monitoring program will contain an
inventory of mitigation measures, method of verification, timing of verification, and the responsible
staff or agency assigned to monitor the condition. '
4.�
LSA will prepare the Notice of Determination (NOD) for the City. The City will file the NOD.
P.kCbZMEIK Proposaimpd ((2 M2N
.� LOA ASSOCIATES. INC. • PROPOSAL N
FEBRUARY 2002 NEWPORT BEAC TEMPLE
TASK 4: PUBLIC MEETINGS
As requested by the City, LSA will attend two public hearings.
TASK 5: VISUAL SIMULATION PEER REVIEW
LSA will contract with a subconsultant to conduct a peer review of the photo simulations prepared for
the applicant by RNM Architects Planners (RNM). In order to conduct peer review, RNM will be
required to submit calculation and data files, photos, view simulations, and renderings used in the
creation of the photosimulations to the subconsultant for its review and evaluation.
TASK 6: PROJECT MANAGEMENT AND ATTENDANCE AT PROGRESS
MEETINGS
This task represents an active project management role and includes attendance at various project
meetings and coordination with the City and interested parties. The project management role pro-
vides a mechanism to ensure that there is adequate exchange of information during project start-up
and preparation of the Draft EIR. This task includes notifying the City of Newport Beach of pro-
blems as they are encountered, and working expeditiously to resolve problems. Important elements
- of this task will be to maintain the project schedule, oversee the budget, and coordinate efforts with
other consultants.
To facilitate dissemination of information, LSA's Principal in Charge or the Project Manager,
Ms. Maria Lavario, will maintain ongoing verbal and e-mail communication with the client.
The following is a preliminary estimate of the breakdown of LSA's attendance at progress meetings
during the EIR process. The budget anticipates attendance by one or two LSA staff persons at the
meetings, depending upon the issues to be discussed. During the environmental documentation
process, LSA will monitor the number of meetings we attend to determine actual compliance with
this estimate. Any additional meetings beyond the ten identified will be at the City's approval and at
rates and provisions consistent with LSA's standard fee schedule. The number of meetings specified
is as follows: 1) one kickoff meeting at City of Newport Beach, 2) one meeting with Homeowners
Associations, 3) one meeting regarding visual simulations at City of Newport Beach, 4) one meeting
at site to preview view simulation locations and to view and photograph crane depicting height of
steeple, 5) one meeting with City Attorney to discuss scope of Focused EIR, 6) one meeting
regarding the Screencheck Initial Study, and 7) one meeting regarding the Screencheck Draft EIR.
Additional meetings beyond the six specified here will be charged on a time and materials basis.
LSA DELIVERABLES/PRODUCTS
LSA will provide the following products:
CID • Screencheck IS/NOP
• Pre -Print Draft IS/NOP
P:knb2301E1R Proposal.wpd KL8102»
LSA A]]OCIAT[]. INC.
PEOROARY 2002
• Distribute IS/NOP
Screencheck EIR
• Pre -Print Draft EIR
• Draft EIR
• Screencheck Response to Comments
• Final EIR, including Final Response to Comments
• Mitigation Monitoring Program
SCHEDULE
• PROPOSAL
N EWPORT BEACH TEMPLE
LSA can complete the scope of work according to the following schedule, contingent upon receiving
all required materials prior to initiating Task 1. Significant changes in the project design or scope of
work will cause delays in the schedule.
Milestone/Deliverable Time Required Running Time
r., Screencheck IS/NOP 2 weeks 2 weeks
-- IS/NOP 1 week 3 weeks
Preparation of Draft EIR, MMP 5 weeks 8 weeks
Meetings as needed
Visual Simulations Peer Review concurrent
Project Management and Meetings concurrent
30 day DEIR Review 5 weeks 13 weeks
Prepare Final EIR 2 weeks 15 weeks
Circulate Final EIR 2 weeks 17 weeks
Final Public Hearing 1 weeks 18 weeks
Total IS weeks IS weeks
Estimated Budget
LSA proposes to accomplish the tasks described in this proposed scope of work for an estimated
labor fee of $48,540, charged on an hourly basis consistent with the attached rates and provisions.
With reimbursables, the total fee will be $56,390. This amount will not be exceeded without your
authorization. Table A provides a breakdown of the estimated fees by task. This fee is based on past
experience of the level of effort needed to complete the CEQA process. LSA will aggressively
identi strategies for reducing the overall work effort while maintaining the client's objectives and
fY g 8 8 1
the legal adequacy of the work products. We are willing to negotiate this fee and reduce costs based
on mutually agreeable scope of work specifications.
P:knb230kE1R ProposRl.wpd «2/8/02» 7
` LSA ASSOCIATES. INC. , •
FEBRUARY 1001
Table A: Fee Estimate by Milestone Task
Products Total
1. Project Initiation $2,530
2. NOP/IS $5,820
3. SCEIR, Draft, and Final EIR (includes $34,790
Public Hearings
$1,350
Project Management/Progress Meetings
$4,050
A Labor Fees
$48,540
imbursables
$7,850
TAL FEES
$56,390
BUDGET SPECIFICATIONS
PROPOSAL
NEWPORT BEACH TEMPLE
Where LSA will be reviewing and incorporating technical studies provided by others, our budget is
based on: 1) receipt of a complete analysis addressing all the issues needed for the EIR, as specified
herein; and 2) receipt of each technical study, with graphics, on diskette or electronic file.
Printing costs are difficult to quantify, since the size and composition (i.e., graphics size and medium)
are uncertain at this time. For budget purposes, we have estimated a cost of $40 per EIR copy,
without color copies. Depending upon which of the Appendices is included, the cost could increase.
A summary of LSA work products and the number of copies of documents used to estimate printing
costs is provided below:
• NOP/Initial Study
• Screencheck Draft EIR/
Appendices
• Print Check Draft EIR
• Draft EIR
• Notice of Completion
• Draft Response to Comments
40 copies for distribution
4 copies for City
I copy for LDS Church
I copy for City
1 copy for LDS Church
1 camera ready and 40 copies of DEIR for
distribution
1 copy for distribution
5 copies for distribution
1 copy for LDS Church
P:knb2301E1R Proposaimpd ((218/02» $
M
Ltw A3SOCIAT Eb. INC.
•
F ER R U A BY 2003
Proposed Final EIR
• Notice of Determination
Final EIR
• PROPOSAL
NEWPORT REACH TEMPLE
4 copies for City review
2 copies for City to file with County Clerk
1 camera ready, 20 hard copies for
distribution
3 copies for LDS Church
As stated in Task 5, developing a budget estimate for responses to comments to a DEIR is difficult
because it is impossible to predict the volume and nature of the comments. We have based the
budget for responses to comments on our previous experience on similar projects of this nature,
potential for controversy, and understanding of the project. Specifications for estimating this budget
item are provided in the Work Program Section of this proposal.
Our budget is based on the specification that the project description/design will not change during
preparation of the EIR. Some other factors that can affect the budget include issues raised in
response to the NOP, schedule delays and multiple start-ups, and legislation/regulation changes.
These fees are based on past experience with the level of effort needed to complete the CEQA
process in the City of Newport Beach. When appropriate, LSA will aggressively identify strategies
for reducing the overall work effort while maintaining the City's objectives and the legal adequacy of
the work products. We propose to conduct this work under an hourly contract, as described in the
attached schedule of standard contract provisions and billing rates (Attachment A). The estimate of
$56,390 will not be exceeded without your prior authorization.
P:knb230\EtR Proposal.wpd MAW)
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CrrY OF NET BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 6443229
Date:
Agenda Item:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
PROJECT: Church of Jesus Christ of Latter -Day Saints Temple
February 12, 2002
S22
James Campbell
(949) 644 -3210
FEB. W 2002
ACTION: Approve a Professional Services Agreement with LS!•r—AnM!3tvN o
Irvine, California, for professional environmental services to prepare an
Environmental Impact Report for a not to exceed cost of $57,085.
BACKGROUND:
Council Policy F -14, Authority to Contract For Services, authorizes Department Heads to award
contracts for services of less than $30,000.00 without further review. However, contracts in excess
of $30, 000 00, contracts for service not specified in the approved budget; and contracts for services
which exceed the amount authorized by the City Council in the budget must be submitted to the
City Council for specific approval before the contract is awarded. Additionally, the City Attorney is
required to review all specific contract documents prior to contract award.
It should also be noted that the City's standard practice for more than 20 years has been to select
environmental consultants from a list of firms previously qualified by the City, when agreed to by
the applicant. The City has followed this practice because the time limits on EIR preparation make
it impractical to do full selection process for each case. No City funds are involved in these
contracts, as the applicant is responsible for all costs.
SUMMARY:
The Church of Jesus Christ of Latter -Day Saints proposes to construct a 17,757 sq. ft. temple on
a 8.65 acre parcel located at the northeast corner of the intersection of Bonita Canyon Drive and
Prairie Road. Staff has conducted a preliminary evaluation of the proposed project and has
concluded, in consultation with the applicant, that an Environmental Impact Report should be
prepared for the project. Staff has selected LSA Associates as the most desirable consultant to
perform the work due to their qualifications and knowledge of the site. LSA has conducted
extensive field studies of the site in conjunction with previous environmental documents for the
development of the existing LDS Church. LSA has provided a proposal to perform professional
environmental services for the City of Newport Beach for the preparation and processing of a
project level Environmental Impact Report and supporting documents for the temple proposed by
the Church of Jesus Christ of LDS. A copy of the proposal submitted by LSA is attached to the
draft professional services agreement that is attached to this report as Exhibit No. 1. The proposal
contains the scope of services through the completion of the Draft Project EIR, proposed budget,
and time schedule for preparation and processing the environmental documentation.
Staff has reviewed the scope of services and believes that it will be adequate to meet or exceed the
minimum requirements set forth by the California Environmental Quality Act. The environmental
consulting fees for tasks described in the scope of services including LSA staff hours, technical
studies, direct expenses, and printing have been reviewed by staff and are considered appropriate
and wan-anted. However, negotiation on the fees is still ongoing. Therefore, staff requests
authorization to enter into the contract for an amount not to exceed $57,085.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
JAMES W. CAMPBELL
Sem r Planner
WCo
1. Draft Professional Services Agreement with draft proposal from LSA.
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PROFESSIONAL SERVICES AGREEMENT
• THIS AGREEMENT, entered into this_, day of February, 2002, by and between
City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and
LSA Associates. Inc, whose address is One Park Plaza, Suite 500, Irvine, California,
92614, (hereinafter referred to as "Consultant "), 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 the City.
B. City intends to prepare an Environmental Impact Report and other
environmental documents in accordance with the California Environmental
Quality Act for the Newport Beach Mormon Temple, located at 2300 Bonita
C. City desires to engage Consultant to provide environmental services for the
Project upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant for purpose of this Project are, Robert
W. Balen. Principal and Maria Levario, Assistant Project Manager.
• E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided in
this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
follows:
TERM
The tens of this Agreement shall commence on the _ day of February. 2002,
and shall terminate when the City takes final action on the Environmental Impact Report,
and a notice of determination is filed as required in accordance with unless terminated
earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. All
work and documents shall be prepared in accordance with and shall contain all items
required by the Cafrfomia Environmental Quality Act (CEQA), CEQA Implementing
• Guidelines and City of Newport Beach ordinances and policies. Consultant shall furnish
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all environmental documents and forms to City in electronic format, Microsoft Word 2000,
or other format acceptable to City. •
2.1 If Consultant is requested by City to revise or supplement the draft or final
Environmental Impact Report, with additional data, information or analysis as a result of
the Environmental Impact Report's failure to comply with requirements of CEQA,
Consultant shall provide such revision or supplement at no additional cost to City
provided that such revisions are within the scope of work required in Exhibit W.
2.2 If changes to existing laws, rules, regulations or policies of any state, federal
or local governmental authority having jurisdiction over the project occur during the term
of this Agreement that require modification of the draft or final Environmental Impact
Report, Consultant will perform such additional services on a time -and- materials basis.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section, and the scheduled billing rates set forth in Exhibit W. No rate changes shall be
made during the term of this Agreement without prior written approval of the Project
Administrator. Consultant's compensation for all work performed in accordance with this
Agreement shall not exceed the total contract price of Fifty -Seven Thousand and Eighty-
Five dollars and zero cents ($57.085.00).
3.1 Consultant shall maintain accounting records of its billings which includes •
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the City, and based upon Exhibit
W.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of the City. Any authorized compensation shall be paid in
accordance with the schedule of the billing rates as set forth in Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
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A. The actual costs of sub - consultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges. •
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C. Actual costs and/or other costs and/or payments specifically authorized in
• advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of five
percent (5 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.1 Consultant shall not be responsible for delay, nor shall Consultant be
• responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
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5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details
in means of performing the work provided that Consultant is compliance with the terms of
this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
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6. COOPERATION
Consultant agrees to work closely and cooperate fully with City s designated •
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to 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 Project term. Consultant has designated Maria Levario to be its Project
Manager. Consultant shall not remove or reassign any personnel designated in this
Section or assign any new or replacement person to the Project without the prior written
consent of City. City's approval shall not be unreasonably withheld with respect to
removal or assignment of non -key personnel.
7.1 Consultant, 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 the City.
Consultant warrants it will continuously furnish the necessary personnel to complete the
Project on a timely basis as contemplated by this Agreement.
S. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule •
specked in Exhibit W. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays which are due to causes beyond Consultant'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 to the other parry so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to •
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ensure that the Project proceeds in a manner consistent with City goals and policies.
is 10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
• shall apply even in the event of negligence of City, or its employees, or other contractors,
excepting only the sole negligence or willful misconduct of City, its officers or employees,
and shall include attorneys' fees and all other costs incurred in defending any such claim.
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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business 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 Bests Key Rating Guide: unless
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otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of •
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either parry, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give to City prompt and timely notice of claim made or
suit instituted arising out of Consultant's operation hereunder. Consultant 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. •
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 0/6) or more of the assets of the
corporation, partnership or joint - venture.
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15. OWNERSHIP OF DOCUMENTS
• Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
• 17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be entitled to rely
upon the accuracy of data information provided by City or others without independent
review or evaluation. City will provide all such materials in a timely manner so as not to
cause delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
• clearly identifiable. Consultant shall allow a representative of City to examine, audit and
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make transcripts or copies of such records during normal business hours. Consultant
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 under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to appeal
to the City Manager or his designee with respect to such disputed sums. Consultant shall
be entitled to receive interest on any withheld sums at the rate of seven percent (7 0/6) per
annum from the date of withholding of any amounts found to have been improperty
withheld.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
22. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose
financial interest that may foreseeably be materially affected by the work performed under •
this Agreement, and (2) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure
to do so constitutes a material breach and is grounds for termination of this Agreement by
City. Consultant shall indemnify and hold harmless City for any and all claims for
damages resulting from Consultant's violation of this Section.
23. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
24. NOTICES
All notices, demands, requests or approvals to be given under 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.
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All notices, demands, requests or approvals from Consultant to City shall be
• addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Phone (949) 644 -3200
Fax (949) 644 -3250
All notices, demands,. requests or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates, Inc.
One Park Plaza, Suite 500
Irvine, California 92614
Phone (949) 553 -0666
Fax: (949) 553 -8076
25. TERMINATION
• In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party.fails to.give adequate assurance of due performance within two
(2) days after receipt by defaulting parry from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
25.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
26. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
27. WAIVER
• A waiver by either party of any breach, of any term, covenant or condition
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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. 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
29. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
Attachments: Consultant Proposal (Exhibit A)
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CITY OF NEWPORT BEACH
A Municipal Corporation
Homer Bludau
City Manager
City of Newport Beach
CONSULTANT:
Robert W. Balen
LSA Associates, Inc.
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February 7, 2002
James W. Campbell
Senior Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
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Subject: Revised Proposal to Prepare an Initial Study and Focused Environmental Impact
Report for the Newport Beach Temple
Dear Mr. Campbell:
LSA Associates, Inc. (LSA) is pleased to provide the City of Newport Beach (City) with this
proposal to prepare an Initial Study/Focused Environmental Impact Report (FIR) for the proposed
Newport Beach Temple. This proposal is based on our knowledge of the project area, discussions
with you and the project applicant, review of the completed Environmental Information Form, two
visits to the site, and attendance at four meetings at City Hall.
LSA will review and incorporate the information included in the Biological Resource Assessment,
Archaeological Assessment, Paleontologic Resource Assessment, and Initial Study/Mitigated
Negative Declaration (IS/MND) previously prepared for the project site in 1992. A biological
resources update is included in this scope of work. LSA's work effort outlined in this proposal is to
prepare an IS and to prepare and circulate a Focused EIR, providing focused study of the potential
environmental effects of construction and operation of a Temple on the existing church site,
primarily discussing visual, traffic, water quality, and air quality effects. Should the scope of work
change due to the City's desire to address additional issues in the Focused EIR, a budget amendment
would be requested prior to initiation of additional work.
Our proposed scope of work, schedule, and budget are attached. Should you have any questions,
please call me at (949) 553 -0666.
Thank you for the opportunity to assist you with this project.
Sincerely,
LSA ASSOCIATES, INC.
Rob Balen
Principal
129/02 <P:knb230\E1R Proposalmpd'
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SCOPE OF WORK
Based on LSA's knowledge of the project, the project area, and a review of project supporting
documentation, we have prepared a pragmatic work program for the EIR. This work program will
provide the City of Newport Beach with the following:
• A project level EIR to allow environmental clearance of proposed development components
consistent with the level of project information available.
• A sensitivity to cost considerations. To this end, LSA will utilize 1) all relevant documentation
provided by the City, and 2) previous environmental clearance documents for the previously
proposed project on the site.
• An environmental analysis consistent with California Environmental Quality Act (CEQA) and
City requirements and procedures in a document that is defensible and complete.
• A responsive schedule to include the timely consideration of certification of the Final EIR.
TASK 1: ENVIRONMENTAL ISSUE IDENTIFICATION AND ANALYSIS •
LSA will assemble all pertinent data provided by the Applicant, the City, and any responsible agency
essential for preparation of an Initial Study and Notice of Preparation, as well as other appropriate
informational documents prepared for projects in the vicinity.
A Screencheck Initial Study (IS), for review by the City, will be prepared to evaluate potential
impacts of the proposed project. The IS will be prepared in compliance with CEQA and the CEQA
Guidelines, as well as City CEQA Guidelines, if applicable. The IS will utilize the Environmental
Checklist Form (Appendix G of the CEQA Guidelines), and will include thorough responses to each
of the checklist questions to determine the potential environmental effects of the proposed project.
To enable LSA to proceed with this first task, the following information must be provided by the
applicant to clearly define the project description and conduct the environmental analysis:
• Complete Plans and Elevations
• Visual Simulations (if required, applicant will provide calculations and data files of visual
simulations for peer review)
• Geotechnical Report
• Photos of the site and surroundings
• Schedule and description of the facility uses, hours, number of persons attending, and an estimate
of the maximum number of persons attending church at any one time •
• Traffic Phasing Ordinance and Parking Study
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LSA ASSOCIATES. INC. •
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• Engineered hydrology and water quality plans and studies
• PROPOSAL
NEWPORT BEACH TEMPLE
The IS document will contain all applicable environmental components required by CEQA, including
project description, IS Checklist, and Checklist responses. The methodology for addressing each
environmental topic is addressed below. For each of the environmental impact sections, the existing
environmental setting will be compared to the proposed project.
Biological Resources
LSA will utilize the previously prepared Biological Resources Assessment, other documentation
related to biological resources on the site, and a site visit in its analysis of this issue. Because a
portion of the project site is currently being used for overflow parking from the adjacent church
facility and a majority of the site has been graded, it is not anticipated that significant impacts related
to biological resources will occur.
As an additional task, LSA will complete a performance evaluation on the Church coastal sage scrub
mitigation site, located north of the proposed project. LSA will evaluate the continuing progress of
the mitigation site since its acceptance by the agencies. The number of California goatcatcher pairs
will also be noted. The findings will be incorporated into the environmental documentation currently
being prepared for the City of Newport Beach (City) for the LDS Temple project.
Cultural Resources
LSA will review and incorporate the findings and recommendations of the previously prepared
Archaeological Assessment and Paleontologic Resource Assessment, as well as other documentation
related to cultural resources. No significant cultural resource issues are anticipated.
Geology and Soils
LSA will summarize the findings of the geotechnical report provided by the applicant. In addition to
a discussion of seismic concerns, the discussion will focus on the proposed grading on the site.
Land Use and Planning
This section will describe the existing land use setting and analyze the project's compatibility with
the surrounding land uses, as well as its conformance with the City's General Plan Land Use
Element, Zoning Ordinance, and other applicable plans and policies. The City's preliminary review
of the project revealed that the proposed facility is a conditionally permitted use under the Bonita
Canyon Specific Plan EIR and complies with the City's General Plan policies.
• Noise
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LSA ASSOCIATES, INC. • • PROPOSAL
JANUARY 2002 NEWPORT BEACH TEMPLE
is
This section will focus primarily on temporary noise impacts generated by project construction. In
addition, an analysis of traffic noise impacts of the project and potential impacts to the surrounding
area will be included in the discussion.
Agricultural Resources, Hazards and Hazardous Materials, Mineral Resources, Public
Services, Recreation, Utilities/Service Systems
Given the project location and natulWintensity of use, no significant impacts are anticipated for these
environmental topics. Therefore, LSA will describe the existing conditions and provide a limited
assessment of the impacts of the project. This analysis will be based on existing information
contained within the City s General Plan Elements and other applicable City policies, as well as
previous environmental analysis relevant to the project site.
TASK 2: DRAFT INITIAL STUDY/NOTICE OF PREPARATION
After receiving comments from the City on the Screencheck IS, LSA will make the necessary
revisions to the document and supporting technical studies and will prepare a Draft IS to attach to a
Notice of Preparation for public review.
We will provide a pre-print version/revised screencheck of the Draft IS/NOP to the City and
applicant for a limited final review prior to printing. The purpose of this review will be to verify that •
the City is satisfied with the new and revised text. At the pre-print stage, no substantive changes to
technical analyses or conclusions are provided for in the schedule or budget.
TASK 3: PREPARATION OF FOCUSED ENVIRONMENTAL IMPACT
REPORT (EIR)
LSA will prepare a Screencheck EIR in accordance with the requirements of CEQA and CEQA
Guidelines for review by the City. The document will contain all applicable environmental
components required by CEQA, including Introduction, Background, Project Description/
Characteristics/Phasing and Discretionary Approvals; Setting, Impacts (Project and Cumulative),
Mitigation and Level of Significance; and mandatory CEQA topics (e.g., Growth Inducement),
Alternatives, and lists of references, persons consulted, and EIR preparers. The document that is
submitted to the City will be in a screencheck form, reflecting LSA internal review and quality
control.
The Focused EIR will address the following issues:
Aesthetics
This section will evaluate potential visual impacts of the proposed project from selected viewpoints,
and will address potential light and glare issues. This analysis will focus primarily on the project's
potential to impact views from the sports park southwest of the project site (currently under
construction), Bonita Canyon Road, the homes immediately northeast of the site in the Bonita •
Canyon Development, as well as homes south of the site. The analysis will utilize visual simulations
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to be provided by the applicant. Additionally, LSA will conduct a peer review of the visual
simulations provided by the applicant or, if appropriate, LSA will provide additional visual
simulations with viewpoints selected by the City and the applicant (optional task). Visual
simulations are not included in this scope of work and budget. If potentially significant visual
impacts are predicted from the project, mitigation measures will be proposed to endeavor to reduce
visual impacts to less than significant levels.
Air Quality
The air quality section will contain a qualitative discussion of the air quality impacts generated by
the project as required by the South Coast Air Quality Management District. Special emphasis will
be placed on temporary air quality impacts generated by project construction.
Hydrology and Water Quality
Water quality concerns continue to increase with regard to projects in California, as the public and
the Regional Water Quality Control Boards increase their scrutiny over development projects. LSA
will review and incorporate findings of previously prepared hydrology reports, previous
environmental analysis relevant to the project site, and updated hydrology and water quality
information provided to LSA by the applicant's project engineer.
Transportation/Traffic
This section will evaluate the on -site and off -site traffic circulation system and parking associated
with the proposed project. Because the majority of Temple activities occurs during off -peak hours,
traffic is not expected to be a significant issue. LSA will utilize the Traffic Phasing Ordinance Study
and Parking Study prepared by Urban Crossroads for the proposed project.
The Screencheck EIR, including appendices and supporting documentation, will be submitted for
City review. After receiving comments from City staff on the Screencheck EIR, LSA will make
necessary revisions to the document.
Prior to circulation of the Draft EK we will provide a pre-print version of the Draft EIR to the City
for a limited final review prior to printing the Draft EIR. The purpose of this review will be to
review the changes to the Screencheck and to verify that the City is satisfied with the new and
revised text. LSA specifies six hours of professional staff time to make final corrections.
Prior to completion of the Draft EIR, LSA will work with the City to compile the distribution list and
will prepare a draft Notice of Completion for City review and signature. Copying and distribution of
the Draft EIR to Responsible Agencies and interested parties will be completed by LSA on a cost
plus expenses basis.
During the public review period, LSA will prepare responses to those comments as comments on the
• Draft EIR are received. We will work with the team to determine responsibilities for those responses
based on information developed by others (comments on engineering issues or applicant supplied
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technical studies). Once we have reviewed the comments and prior to preparing the responses, we
will present a strategy for the response document and will discuss that strategy with the team. The
strategy will address the following types of issues: whether comments will be responded to
individually or grouped by topic and subtopic; tracking system for cross referencing and ensuring
that all comments are answered; approach to answering comments on issues that may be more
philosophical than technical (such as the project objectives). LSA's objectives for the response to
comments are: 1) to be aggressive in establishing the strategy and determining responsibilities in
order to maintain the schedule and minimize later revisions; 2) to prepare a document that is well
organized and usable by all parties, including the public; and 3) to adequately respond to all
comments. Although the focus of the responses will be those comments that are truly subject to
CEQA review, we will also endeavor to answer all questions in an informative manner.
The responses will be assembled into the response to comments component of the Final EIR.
Providing a budget estimate for responding to comments on the Draft EIR is extremely difficult
because it is impossible to predict the volume and nature of the comments. This proposal lists the
tasks we will complete and the conditions of our scope of work. These conditions are the basis for
our budget estimate. They are based on our knowledge of the project and our projections of the
volume and nature of the comments received. Significant new analysis is not included in this task.
We have allocated 24 hours of LSA professional staff time for responses to comments. LSA may
rely on technical input and advice from LDS consultants and the architect for responses to comments
received on the accuracy of the view simulations. In addition, LSA may have to rely on the City's •
traffic consultant, Urban Crossroads, for responses to technical questions about the traffic report.
The City will independently verify all responses prior to public release.
Following City of Newport Beach review of responses to comments, LSA will prepare a proposed
Final EIR (Volume III), which will consist of 1) City of Newport Beach Resolutions (provided by the
City of Newport Beach), including mitigation monitoring program (discussed below); 2) comment
letters and responses thereto with supporting appendices material; 3) any modifications that may be
needed to the Draft EIR document (to be accomplished through preparation of an errata document, if
deemed necessary by the City of Newport Beach); and 4) findings/statement of overriding
considerations (provided by the City).
LSA will prepare a mitigation monitoring program. The monitoring program is intended to ensure
that the adopted mitigation measures are implemented. The monitoring program will contain an
inventory of mitigation measures, method of verification, timing of verification, and the responsible
staff or agency assigned to monitor the condition.
TASK 4: PUBLIC MEETINGS
As requested by the City, LSA will attend two public hearings.
TASK 5: VISUAL SIMULATION PEER REVIEW
LSA will contract with a subconsultant to conduct a peer review of the photo simulations prepared •
for the applicant by RNM Architects Planners (RNM). In order to conduct peer review, RNM will be
P:bnb230\F,IR Proposal.wpd <1/29/02> 5 1i
L3A ASSOCIATES. INC. • • PROPOSAL
JANUARY 2000 NEWPORT BEACH TEMPLE
•
required to submit calculation and data files, photos, view simulations, and renderings used in the
creation of the photosimulations to the subconsultant for its review and evaluation.
TASK 6: PROJECT MANAGEMENT AND ATTENDANCE AT PROGRESS
MEETINGS
This task represents an active project management role and includes attendance at various project
meetings and coordination with the City and interested parties. The project management role pro-
vides a mechanism to ensure that there is adequate exchange of information during project start-up
and preparation of the Draft EIR. This task includes notifying the City of Newport Beach of pro-
blems as they are encountered, and working expeditiously to resolve problems. Important elements
of this task will be to maintain the project schedule, oversee the budget, and coordinate efforts with
other consultants.
To facilitate dissemination of information, LSA's Principal in Charge or the Project Manager,
Ms. Maria Lavario, will maintain ongoing verbal and e-mail communication with the client.
The following is a preliminary estimate of the breakdown of LSA's attendance at progress meetings
during the EIR process. The budget anticipates attendance by one or two LSA staff persons at the
meetings, depending upon the issues to be discussed. During the environmental documentation
• process, LSA will monitor the number of meetings we attend to determine actual compliance with
this estimate. Any additional meetings beyond the ten identified will be at the City's approval and at
rates and provisions consistent with LSA's standard fee schedule. The number of meetings specified
is as follows: 1) one kickoff meeting at City of Newport Beach, 2) one meeting with Homeowners
Associations, 3) one meeting regarding visual simulations at City of Newport Beach, 4) one meeting
at site to preview view simulation locations and to view and photograph crane depicting height of
steeple, 5) one meeting with City Attorney to discuss scope of Focused EIR, 6) one meeting
regarding the Screencheck Initial Study, and 7) one meeting regarding the Screencheck Draft EIR.
Additional meetings beyond the six specified here will be charged on a time and materials basis.
LSA DELIVERABLES/PRODUCTS
LSA will provide the following products:
• Screencheck IS/NOP
• Pre -Print Draft IS/NOP
• Distribute IS/NOP
• Screencheck EIR
• Pre -Print Draft EIR
• Draft EIR
• • Screencheck Response to Comments
• Final EIR, including Final Response to Comments
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L3A ASSOCIATES. INC. •
JANUARY 2002
Mitigation Monitoring Program
SCHEDULE
0 PROP03AL
NEWPORT BEACH TEMPLE
LSA can complete the scope of work according to the following schedule, contingent upon receiving
all required materials prior to initiating Task 1. Significant changes in the project design or scope of
work will cause delays in the schedule.
Task
Time Required
Running Time
Task 1:
Screencheck IS/NOP
2 weeks
2 weeks
Task 2:
IS/NOP
1 week
3 weeks
Task 3:
Preparation of Draft EIR, MW
5 weeks
8 weeks
Task 4:
Meetings
as needed
Task 5:
Visual Simulations Peer Review
concurrent
Task 6:
Project Management and Meetings
concurrent
Task 7:
30 day DEIR Review
5 weeks
13 weeks
Task 8:
Prepare Final EIR
2 weeks
15 weeks
Task 9:
Circulate Final EIR
2 weeks
17 weeks
Task 10:
Final Public Hearing
1 weeks
18 weeks
Total
18 weeks
18 weeks
Estimated Budget
LSA proposes to accomplish the tasks described in this proposed scope of work for an estimated
labor fee of $50,760, charged on an hourly basis consistent with the attached rates and provisions.
With reimbursables, the total fee will be $57,085. This amount will not be exceeded without your
authorization. Table A provides a breakdown of the estimated fees by task. This fee is based on past
experience of the level of effort needed to complete the CEQA process. LSA will aggressively
identify strategies for reducing the overall work effort while maintaining the client's objectives and
the legal adequacy of the work products. We are willing to negotiate this fee and reduce costs based
on mutually agreeable scope of work specifications.
Table A: Fee Estimate by Milestone Task
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PAmb230W1R Proposalmpd <129/02> 7 2D
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•
Total
Project Initiation
•
•
$5,820
L3A A330CIATE3. INC.
$24,100
Draft EIR (includes distribution)
PROP03AL
JANDARY2002
$7,700
Public Hearings
NEWPORT BEACH TEMPLE
Total
Project Initiation
$2,530
NOP/IS
$5,820
SCEIR Document
$24,100
Draft EIR (includes distribution)
$5,210
Final EIR (includes distribution)
$7,700
Public Hearings
$1,500
Project Management/Progress Meetings
$3,900
bor Subtotal
$50,760
FEES
• BUDGET SPECIFICATIONS
Where LSA will be reviewing and incorporating technical studies provided by others, our budget is
based on: 1) receipt of a complete analysis addressing all the issues needed for the EIR, as specified
herein; and 2) receipt of each technical study, with graphics, on diskette or electronic file.
is
Printing costs are difficult to quantify, since the size and composition (i.e., graphics size and
medium) are uncertain at this time. For budget purposes, we have estimated a cost of $40 per EIR
copy, without color copies. Depending upon which of the Appendices is included, the cost could
increase. A summary of LSA work products and the number of copies of documents used to estimate
printing costs is provided below:
• NOP/Initial Study
• Screencheck Draft EIR/
Appendices
• Print Check Draft EIR
• Draft EIR
• Notice of Completion
• Draft Response to Comments
PAcnb230\E1R Proposa1.wpd <V29102>
40 copies for distribution
4 copies for City
1 copy for LDS Church
1 copy for City
1 copy for LDS Church
1 camera ready and 40 copies of DEIR for
distribution
1 copy for distribution
5 copies for distribution
1 copy for LDS Church
8 V
LSA ASSOCIATES. INC. • • PROPOSAL
JANUARY SOOT NEWPORT BEACH TEMPLE
• Proposed Final EIR
• Notice of Determination
R Final EIR
4 copies for City review
2 copies for City to file with County Clerk
camera ready, 20 hard copies for
distribution
3 copies for LDS Church
As stated in Task 5, developing a budget estimate for responses to comments to a DEIR is difficult
because it is impossible to predict the volume and nature of the comments. We have based the
budget for responses to comments on our previous experience on similar projects of this nature,
potential for controversy, and understanding of the project. Specifications for estimating this budget
item are provided in the Work Program Section of this proposal.
Our budget is based on the specification that the project description/design will not change during
preparation of the EIR. Some other factors that can affect the budget include issues raised in
response to the NOP, schedule delays and multiple start-ups, and legislation/regulation changes.
These fees are based on past experience with the level of effort needed to complete the CEQA
process in the City of Newport Beach. When appropriate, LSA will aggressively identify strategies
for reducing the overall work effort while maintaining the City's objectives and the legal adequacy of
the work products. We propose to conduct this work under an hourly contract, as described in the
attached schedule of standard contract provisions and billing rates (Attachment A). The estimate of
$57,085 will not be exceeded without your prior authorization.
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•
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