HomeMy WebLinkAboutC-4709 - Agreement for Beach Container Refuse Collection ServiceAMENDMENT NO. THREE TO
AGREEMENT FOR BEACH CONTAINER REFUSE COLLECTION SERVICE
WITH RAINBOW DISPOSAL CO., INC.
THIS AMENDMENT NO. THREE TO BEACH CONTAINER REFUSE
COLLECTION SERVICE AGREEMENT ("Amendment No. Three") is made and entered
into as of this 27th day of September, 2022 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
RAINBOW DISPOSAL CO., INC., a California corporation ("Contractor"), whose address
on file with the Secretary of State is 18500 North Allied Way, Phoenix, Arizona 85054,
with a local address of 17121 Nichols Lane, Huntington Beach, California 92647, and is
made with reference to the following:
RECITALS
A. On January 11, 2011, City and Contractor entered into an Agreement for Beach
Container Refuse Collection Service ("Agreement") for refuse collection, disposal
and maintenance services for beach containers on a regular basis ("Project").
B. On August 13, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to increase the total compensation based
upon an unanticipated increase in the volume of services, to amend the
Administration and Notices sections of the Agreement, and to add sections related
to No Attorneys Fees and Counterparts.
C. On October 13, 2020, City and Contractor entered into Amendment No. Two
("Amendment No. Two") to increase the total compensation based upon an
unanticipated increase in the volume of services, to update Exhibit B, extend the
term of the Agreement to December 31, 2022, amend Hold Harmless section, and
update insurance requirements.
D. The parties desire to enter into this Amendment No. Three to increase the total
compensation, update the Scope of Services, amend the Schedule of Billing
Rates, and extend the term of the Agreement to February 28, 2026.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 28, 2026, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be amended in its entirety and replaced to include
the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). The City may elect to delete certain Services within the Scope of
Services at its sole discretion.
3. COMPENSATION TO CONTRACTOR
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One,
Exhibit B to Amendment No. Two and Exhibit B to this Amendment No. Three shall
collectively be known as "Exhibit B."
Section 4 of the Agreement is amended in its entirety and replaced with the
following:
"City shall pay Contractor for the Services on a not -to -exceed basis
in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference.
Contractor's compensation for all Services performed in accordance with
this Agreement, including all reimbursable items and subconsultant fees,
shall not exceed Three Million Forty Five Thousand Five Hundred Five
Dollars and 73/100 ($3,045,505.73), without prior written authorization
from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing
Rates") shall be adjusted in proportion to changes in the Consumer Price
Index, subject to the maximum adjustment set forth below. Such adjustment
shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the
numerator of which is the value of the Consumer Price Index for the
calendar month three (3) months preceding the calendar month for which
such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior
to Effective Date. The Consumer Price Index to be used in such calculation
is the "Consumer Price Index, All Items, 1982-84=100 for All Urban
Consumers (CPI-U)", for the Los Angeles -Riverside -Orange County
Metropolitan Area, published by the United States Department of Labor,
Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer
Price Index is no longer published at the adjustment date, it shall be
constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below
the Billing Rates in effect immediately preceding such adjustment. The
maximum adjustment increase to the Billing Rates, for any year where an
adjustment is made pursuant to this Section, shall not exceed the Consumer
Price Index or 3.0% of the Billing Rates in effect immediately preceding such
adjustment, whichever is less."
Rainbow Disposal Co., Inc. Page 2
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Million One Hundred Forty Seven Thousand Eight Hundred Eighty One Dollars and
43/100 ($1,147,881.43).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Rainbow Disposal Co., Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: i o/z�/mac . Date:
B
Harp
ity Attorney
►olatslal' 'DAB'
ATTEST: //��. v P2
Date:
By.
Kevin Mul
Mayor
CONTRACTOR: RAINBOW DISPOSAL
CO., INC., a California corporation
Date:
Signed in Counterpart
By: Uvw vC = ��q J►� By:
Leilani I. Brown
Cit
Daniel Capener
General Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Rainbow Disposal Co., Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1 CIRG/2-7_
By:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
B:
A on C. Harp 1�� y
bolakA��' Kevin Muldoon
Ci y Attorney Mayor
ATTEST: CONTRACTOR: RAINBOW DISPOSAL
Date: CO., INC., a California corporation
Date: I o 121 12-'2-
By: By:
Leilani I. Brown Daniel Capener
City Clerk General Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
I
Rainbow Disposal Co., Inc. Page 4
EXHIBITA
SCOPE OF SERVICES
Furnish all labor, equipment, materials and supervision to perform maintenance as
described herein including, but not limited to, the following:
1. Furnish containers according to City -approved specification.
2. Collect refuse from designated containers and area immediately surrounding
designated containers on beach on a regularly scheduled basis.
3. Notify City Operations Support Superintendent within 2 hours of bulky items or
hazardous materials in designated containers and area immediately surrounding
designated containers on the beach.
4. Clean interior and exterior of all employed containers on beach twice yearly. Once
between May 1-31 and again between Labor Day and September 30. Any service
requests for cleaning over and above the annual schedule listed above shall be
charged the cart clean -out rate listed on Exhibit B — Schedule of Billing Rates.
5. Remove/repair/clean graffiti of/on designated containers on the beach within 24
hours of notice.
6. Summer Season Schedule shall commence on the Sunday preceding March 15th
and shall continue until the first Saturday after September 15th, (27 weeks total).
The Non -Summer Season Schedule shall commence for the remaining 25 weeks of
the year.
7. The Summer Season Schedule service days shall be: Monday, Tuesday, Friday,
Saturday and Sunday. The City may request additional service days (Wednesday
and/or Thursday) upon request.
8. The Non -Summer Season Schedule service days shall be Monday and Friday.
9. Contractor shall properly collect and dispose of all solid waste collected by taking it
to a fully permitted Orange County ("County") certified/licensed landfill or to a fully
permitted licensed transfer station, which is lawfully authorized to accept that
specific type of solid waste material and has been approved by the City. Contractor
agrees to assist the County in verifying tonnage collected by Contractor and
providing information required by the County. Contractor will provide, upon request,
refuse tonnage collected within the County, and outside the County (if relevant to
confirming tonnage origination), separated by jurisdiction, by load type (residential,
commercial, roll -off box), and by facility to which it was delivered (specify which
landfill or transfer station). Contractor will provide customer service levels and route
Rainbow Disposal Co., Inc. Page A-1
lists. Contractor will cooperate with County audits to verify reported origin of tonnage
by making records and personnel available to the County and/or its auditors.
10. Contractor shall abide by all applicable legislation as it pertains to waste hauling and
diversion requirements. This includes, but is not limited to, California Senate Bill No.
1383, Short -Lived Climate Pollutants law. Contractor will be required to transport all
non -organic material collected to an approved Material Recover Facility for
processing. Where applicable and pre -approved, an organics diversion program
must be implemented. Contractor must demonstrate the ability to provide this
service, provide the location(s) where this service will be provided, and the name
and address of any location(s) where the collected organic waste will be taken for
processing.
Rainbow Disposal Co., Inc. Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Rates Effective October 1, 2022:
CART CLEANOUT RATE
$17.91
II. Rates Effective February 1, 2023:
TIP RATE
$7.55
CART CLEANOUT RATE
$19.34
Rainbow Disposal Co., Inc. Page B-1
CITY OF NEWPORT BEACH
949 W. I6'" Street
Newport Beach, California 92663
949 644-3011 1 949 646-5204 FAX
newportbeachca.gov/municipaloperations
Rainbow Disposal Co., Inc.
Attn: Debbie KiHey
17121 Nichols Street
Huntington Beach, CA 92647
RE: Notification of 2020 CPI Adjustment to Billing Rates for contract C-4709, Refuse Collection
Services for City Beaches.
Per section 4.2 of the contract, Exhibit B (Schedule of Billing Rates) shall be adjusted in proportion
to the changes in the Consumer Price Index, subject to a maximum annual increase of 3.0%. The
Consumer Price Index data to be used shall be from the month that is three (3) months prior to the
anniversary date of the agreement. The effective date of the agreement is February 11, thus CPI
adjustments will be determined based on the November data.
The updated schedule of billing rates shall be applied to all work completed on or after the
anniversary of the effective date February 11. A breakdown of the CPI adjustment is detailed below.
CPI Data
2010 225.941
2011 232.731
2012 237.675
2013 238.677
2014 241.753
2015 245.711
2016 250.185
2017 259.135
2018 268.56
2019 277.239
2020 280.102
CPI Increase from
Prior Year
N/A
3.01%
2.12%
0.42%
129%
1.64%
1.82%
3.58%
3.64%
3.23%
1.03%
Applied CPI
Percentage (if CPI is
over the 3.0%
maximum)
N/A
3.00%
NIA
N/A
N/A
N/A
N/A
3.00%
3.00%
3.00%
N/A
Total CPI Increase
from 2010 Billing
Rates
N/A
3.00%
5.12%
5.55%
6.83%
8.47%
10.29%
13.29%
16.29%
19.29%
20.32%
Please see the attached updated Billing Rates with the 3.00% increase. The new rates will become
effective February 11, 2021.
Kristen Almaraz
Refuse Manager
�.a •
-,
Micah Main
Deputy Director of Public Works,
Municipal Operations Division
Public Works Department
2021 Billing Rates
Tip Rate
$6.61
Cart Cleanout Rate
$16.88
AMENDMENT NO. TWO TO
AGREEMENT FOR BEACH CONTAINER REFUSE COLLECTION SERVICE
WITH RAINBOW DISPOSAL CO., INC.
THIS AMENDMENT NO. TWO TO BEACH CONTAINER REFUSE COLLECTION
SERVICE CONTRACT ("Amendment No. Two") is made and entered into as of this 13th
day of October, 2020 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and RAINBOW
DISPOSAL, CO., INC., a California corporation ("Contractor"), whose address is 17121
Nichols Lane, Huntington Beach, CA 92647, and is made with reference to the following:
RECITALS
A. On January 11, 2011, City and Contractor entered into an Agreement for Beach
Container Refuse Collection Service ("Agreement") for refuse collection, disposal
and maintenance services for beach containers on a regular basis ("Project").
B. On August 13, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to increase the total compensation based
upon an unanticipated increase in the volume of services, to amend the
Administration and Notices sections of the Agreement, and to add sections related
to No Attorneys Fees and Counterparts.
C. The parties desire to enter into this Amendment No. Two to increase the total
compensation based upon an unanticipated increase in the volume of services, to
update Exhibit B, extend the term of the Agreement to December 31, 2022, amend
Hold Harmless section, and update Insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2022, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONTRACTOR
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One and
Exhibit B to this Amendment No. Two shall collectively be known as "Exhibit B."
Section 4 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a not -to -exceed basis in
accordance with the provisions of this Section and the billing Rates attached hereto as
Exhibit B and incorporated herein by reference. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed One Million Eight Hundred Ninety Seven Thousand Six Hundred
Twenty Four Dollars and 30/100 ($1,897,624.30) without prior written amendment to
the Agreement. Contractor shall submit all invoices for scheduled collection services and
refuse container replacement to City on a monthly basis. City shall pay invoices with thirty
(30) days after receipt and approval 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 19 entitle `Notices'."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed Four
Hundred Thousand Dollars and 00/100 ($400,000.00).
3. HOLD HARMLESS/RESPONSIBILITY FOR DAMAGES OR INJURY
Section 7 of the Agreement is amended in its entirety and replaced with the following:
"7.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss
or damage to any of the materials or other things used or employed in performing the
Project or for injury to or death of any person as a result of Contractor's performance of
the Services required hereunder; or for damage to property from any cause arising from
the performance of the Project and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
7.2 Contractor shall be responsible for any liability imposed by law and for injuries
to or death of any person or damage to property resulting from defects, obstructions or
from any cause arising from Contractor's Work on the Project and/or Services, or the
Work of any subcontractor or supplier selected by Contractor.
7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
Rainbow Disposal Co., Inc. Page 2
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
7.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
7.5 Contractor shall perform all Work in a manner to minimize public inconvenience
and possible hazard, to restore other work areas to their original condition and former
usefulness as soon as possible, and to protect public and private property. Contractor
shall be liable for any private or public property damaged during the performance of the
Work by Contractor or its agents.
7.6 To the extent authorized by law, as much of the money due Contractor under
and by virtue of the Agreement as shall be considered necessary by City may be retained
by it until disposition has been made of such suits or claims for damages as aforesaid.
7.7 The rights and obligations set forth in this Section shall survive the termination
of this Agreement."
4. INSURANCE
Section 8 of the Agreement is hereby amended in its entirety and replaced with:
"Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit E, and incorporated herein by reference."
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Rainbow Disposal Co., Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: giteioto
By: (iw�
Aaron C. Harp
City Attorney
ATTEST: /.2, ,� 20
Date: O�/
By:
LeH'ani I. Brown
City Clerk
Attachments:
-roc'
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ! c'S74.,z =.o
By: -'1,6 SG e
Will O'Neill
Mayor
CONTRACTOR: RAINBOW DISPOSAL
CO., INC., a California corporation
Date:
Signed in Counterpart
By:
Chris Kentopp
General Manager
[END OF SIGNATURES]
Exhibit B - Schedule of Billing Rates
Exhibit E - Insurance Requirements
Rainbow Disposal Co., Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date. Jo/ Date:
By L
Aaron C. Harp
City Attorney
By.
Will O'Neill
Mayor
ATTEST: CONTRACTOR: RAINBOW DISPOSAL
Date: CO., INC. a California corporation
Date: j-itD,; i'
By. By t` y.::
Leilani I. Brown Chris Kentopp 4
City Clerk
General Manager
[END OF SIGNATURES]
Attachments Exhibit B — Schedule of Billing Rates
Exhibit E — Insurance Requirements
Rainbow Disposal Co. Inc Page 4
EXHIBIT B
SCHEDULE OF BILLING RATES
Rainbow Disposal Co., Inc. Page B-1
Exhibit B
Billing Rates
Amendment No. Two — Beach Container Refuse Collection Services
TIP RATE
$6.54
CART CLEANOUT RATE
$16.71
EXHIBIT E
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL
SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City,
and prior to commencement of Work, Contractor shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Contractor agrees to provide insurance in accordance with
requirements set forth here. If Contractor uses existing coverage to comply
and that coverage does not meet these requirements, Contractor agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial
general liability insurance and, if necessary, umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services Office
form CG 00 01, in an amount not less than two million dollars
($2,000,000) per occurrence, four million dollars ($4,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
liability of another assumed in a business contract).
Rainbow Disposal Company, Inc., a Republic Services Company Page E-1
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than ten million dollars
($10,000,000) combined single limit each accident.
D. Pollution Liability Insurance. If required, Contractor shall maintain a
policy providing contractor's pollution liability ("CPL") coverage with a
total limit of liability of no less than five million dollars ($5,000,000) per
loss and ten million dollars ($10,000,000) in the aggregate per policy
period. Claims -made policies require a 5-year extended reporting
period. The CPL policy shall include coverage for cleanup costs, third -
party bodily injury and property damage, including loss of use of
damaged property or of property that has not been physically injured or
destroyed, resulting from pollution conditions caused by contracting
operations. Coverage as required in this paragraph shall apply to
sudden and non -sudden pollution conditions resulting from the escape
or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals,
liquids, or gases, waste materials, or other irritants, contaminants, or
pollutants. The CPL shall also provide coverage for transportation and
off -Site disposal of materials. The policy shall not contain any provision
or exclusion (including any so-called "insured versus insured" exclusion
or "cross -liability" exclusion) the effect of which would be to prevent, bar,
or otherwise preclude any insured or additional insured under the policy
from making a claim which would otherwise be covered by such policy
on the grounds that the claim is brought by an insured or additional
insured against an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Agreement or shall specifically
allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability,
and automobile liability, if required, shall provide or be endorsed to
Rainbow Disposal Company, Inc., a Republic Services Company Page E-2
provide that City, its City Council, boards and commissions, officers,
agents, volunteers, employees, and any person or entity owning or
otherwise in legal control of the property upon which Contractor
performs the Project and/or Services contemplated by this Agreement
shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which
ten (10) calendar days notice is required) or nonrenewal of coverage for
each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage.
Insurance certificates and endorsement must be approved by City's Risk
Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of
this Agreement. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. At least fifteen (15) days prior to the expiration
of any such policy, evidence of insurance showing that such insurance
coverage has been renewed or extended shall be filed with the City. If
such coverage is cancelled or reduced, Contractor shall, within ten (10)
days after receipt of written notice of such cancellation or reduction of
coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through
another insurance company or companies. City reserves the right to
require complete, certified copies of all required insurance policies, at
any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days
advance written notice of such change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
Rainbow Disposal Company, Inc., a Republic Services Company Page E-3
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall
be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Contractor's right to proceed
until proper evidence of insurance is provided. Any amounts paid by
City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
Rainbow Disposal Company, Inc., a Republic Services Company Page E-4
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
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Rainbow Disposal Company, Inc., a Republic Services Company Page E-5
From: Customer Service
To: Reyes, Raymund; Insurance
Cc: sagar(@ebix.com
Subject: Compliance Alert -Vendor Number FV00000360
Date: Wednesday, December 02, 2020 5:50:22 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
This Account has moved from non -compliant to COMPLIANT status and is currently in compliance for certificate
of insurance requirements. FV00000360 RAINBOW DISPOSAL CO., INC.
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
AMENDMENT NO. ONE TO
AGREEMENT FOR BEACH CONTAINER REFUSE COLLECTION SERVICE
WITH RAINBOW DISPOSAL CO., INC.
THIS AMENDMENT NO. ONE TO BEACH CONTAINER REFUSE COLLECTION
SERVICE AGREEMENT ("Amendment No. One") is made and entered into as of this
13th day of August, 2019 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and RAINBOW
DISPOSAL, CO., INC., a California corporation ("Contractor"), whose address is 17121
Nichols Lane, Huntington Beach, California 92647, and is made with reference to the
following:
RECITALS
A. On January 11, 2011, City and Contractor entered into an Agreement for Beach
Container Refuse Collection Service ("Agreement") for refuse collection, disposal
and maintenance services for beach containers on a regular basis ("Project").
B. The parties desire to enter into this Amendment No. One to increase the total
compensation based upon an unanticipated increase in the volume of Services; to
update the Administration and Notices sections of the Agreement; and to add
sections related to No Attorneys Fees and Counterparts.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit B to the Agreement shall be supplemented as of the Effective Date, to
include the Billing Rates and Services, attached hereto as Exhibit B and incorporated
herein by reference ("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to
this Amendment No. One shall collectively be known as "Exhibit B." The City may elect
to delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4 of the Agreement shall be amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a not -to -exceed basis in
accordance with the provisions of this Section and the billing Rates attached hereto as
Exhibit B and incorporated herein by reference. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed One Million Four Hundred Ninety Seven Thousand Six Hundred
Twenty Four Dollars and 30/100 ($1,497,624.30), without prior written amendment to
the Agreement. Contractor shall submit all invoices for scheduled collection services and
refuse container replacement to City on a monthly basis. City shall pay invoices with thirty
(30) days after receipt and approval 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 19 entitle `Notices'. "
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Twenty Thousand Dollars and 00/100 ($120,000.00).
3. ADMINISTRATION
Section 11(A) of the Agreement shall be amended in its entirety and replaced with
the following: "This Agreement will be administered by the Public Works Department.
City's Facilities Maintenance Supervisor or designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator shall represent City in all matters pertaining to the Services to be rendered
pursuant to this Agreement."
4. NOTICES
Section 19 of the Agreement shall be amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals, including any change in mailing
address, to be given under the terms of this Agreement shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Deputy Director of Public Works
Municipal Operations Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Chris Kentopp
Rainbow Disposal Co., Inc.
17121 Nichols Lane
Huntington Beach, CA 92647"
Rainbow Disposal Co., Inc. Amendment No. One Page 2
5. NO ATTORNEYS' FEES
Section 31 is added to the Agreement as follows:
"31. NO ATTORNEYS FEES
In the event of any dispute or legal action arising under this Agreement, the
prevailing party shall not be entitled to attorneys' fees."
6. COUNTERPARTS
Section 32 is added to the Agreement as follows:
"32. COUNTERPARTS This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument."
7. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Rainbow Disposal Co., Inc. Amendment No. One Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: 7/121 Zo(q Date:
By: OA
v.p0 Aaron C. Harp
City Attorney
ATTEST:
Date: ij-Z 3 --19
By:
Leila
City
rue*•II, VI
By:
Diane B. Dixon
Mayor
CONTRACTOR: RAINBOW DISPOSAL
CO., INC., /Cali ornia corporation
Date: / 9
By:
Chris Kentop
General Manager
[END OF SIGNATURES]
Attachments: Exhibit B - Schedule of Billing Rates
Rainbow Disposal Co., Inc. Amendment No. One Page 4
EXHIBIT B
SCHEDULE OF BILLING RATES
Rainbow Disposal Co., Inc. Amendment No. One Page B-1
EXHIBIT B
BILLING RATES
Summer Season
178 Bins
Total Cost
Summer (14 Weeks)
Non -Summer Season
168 Bins
Total Cost
Non -Summer (38 Weeks)
Area #1 (50 Bins)
$18,635.05
Area #1 (42 Bins)
$18,555.62
Area #2 (31 Bins)
$13,754.44
Area #2 (31 Bins)
$13,695.82
Area #3 (20 Bins)
$8,873.83
Area #3 (20 Bins)
$8,836.01
Area #4 (15 Bins)
$6,655.37
Area #4 (15 Bins)
$6,627.01
Area #5 (25 Bins)
$10,204.91
Area #5 (23 Bins)
$10,161.41
Area #6 (37 Bins)
$16,416.59
Area #6 (37 Bins)
$16,346.62
CONSENT TO CHANGE IN CONTROL
THIS CONSENT (this "Consent") is made and entered into as of Sly-i- . , 2014, by
The City of Newport Beach, a municipal corporation and Charter City organized and existing
under the laws of the State of California (the "City").
Recitals:
A. The City and Rainbow Disposal Co., Inc., a California corporation ("Rainbow"),
are parties to that certain Agreement for Beach Container Refuse Collection Service dated
January 11, 2011, the "Contract").
B. Rainbow desires to sell the entirety of its stock to Republic Services, Inc., a
Delaware corporation ("Republic"), pursuant to that certain Stock Purchase Agreement, dated
August 26, 2014, by and among Rainbow, Republic, and certain other parties contemplated
thereby (the "Purchase Agreement"). As a result of the transaction contemplated by the
Purchase Agreement (the "Transaction"), there will be a change in control of Rainbow. The
Transaction requires the consent of the City pursuant to the Contract.
NOW, THEREFORE, the City agrees and certifies to Rainbow and Republic as follows:
1. Consent to Transaction. Pursuant to Section 9 of the Contract, the City hereby
consents to the Transaction.
2. Effective Date. This Consent shall not be effective unless and until the closing of
the Transaction contemplated by the Purchase Agreement. Notwithstanding anything herein to
the contrary, in the event that the Transaction fails to close, this Consent shall be of no force and
effect.
3. Authority. The undersigned is duly authorized to execute this Consent on behalf
of the City.
EXECUTED as of the date first written above.
THE CITY OF NEWPORT BEACH:
By:
Name: (Gf-(A- rt., SA -
Title: ,4 c?, -) co kto 0'S iZtEr"j-
73305-00005/2247652.1
CITY OF N T BEACH
xN LI Fo Z..
Rainbow Disposal Company, Inc.
PO Box 1026
Huntington Beach CA 92647
ATTN: Jerry Moffatt, Co-President/COO
GENERAL SERVICES DEPARTMENT
!arn ;ri. l.iircctDi
March 1, 2011
Dear Mr. Moffatt,
On January 11, 2011, the City of Newport Beach ("City") entered into an agreement with
Rainbow Disposal, Co. (Contractor), to service automated refuse collection containers located
on the beach areas from the city -line at Santa Ana River east to the Newport Pier To date,
Contractor has met or exceeded all expectations in performing the scope of services as outlined
in the agreement.
Section 1, page 1 (Term) of the agreement states the following: The City shall provide
Contractor with written notice not less than thirty (30) days prior to the completion of the Pilot
Phase of the City's decision to terminate the Agreement upon completion of the Pilot Phase on
April 30, 2011 or to exercise its option to extend the term of the Agreement through December
31, 2020. Due to the success of the pilot phase during the past seven (7) weeks, this letter
serves as notice that the City wishes to extend the term of the Agreement through December
31, 2020 for the implementation of an automated beach refuse collection system for all beach
areas of the City The effective date for the extension of the agreement will be Monday, April
4, 2011. Pursuant to the terms of the Agreement, Contractor's Work is as set forth in Exhibit to
the Agreement and Contractor's compensation specified in Section 4 (Compensation to
Contractor), page 4 of the agreement_
Pleasesign below to indicate your acknowledgement of the City's election to extend the term of
the Agreement. Please return this acknowledgement to Mr Mike Pisani, Deputy Municipal
Operations Director
Sincerely_./
7:
Mark Harmon, Director
Municipal Operations Department
33D0 No part Boulevard • Post UC1icc• Ciu.K 1.7(48 New -to' f3 cf . C,iliibrnia .92658-R915
Telephone: (949) 644-3055 • Fax: (9491 65U-0747 • wunt.n ortIx'aehca.gov
4-7E9
AGREEMENT FOR BEACH CONTAINER REFUSE
COLLECTION SERVICE WITH RAINBOW DISPOSAL, CO.
THIS BEACH CONTAINER REFUSE COLLECTION SERVICE CONTRACT
("Agreement"), entered into this 11th day of January 2011, by and between the City of
Newport Beach, a California Municipal Corporation and Charter City ("City"), and,
Rainbow Disposal, Co., a California Corporation, located at 17121 Nichols Street,
Huntington Beach, CA ("Contractor"), is made with reference to the following recitals:
RECITALS
WHEREAS, the City desires to contract for refuse collection, disposal, and
maintenance services for 168 beach refuse containers on a regular basis.
WHEREAS, on November 3, 2010 a Request for Proposals ("RFP") inviting
proposals from firms performing this service was mailed.
WHEREAS, Rainbow Disposal, Co., Inc. was the Contractor deemed to be the
most qualified, responsible proposer at a fair and reasonable cost to the City to perform
the work out of those firms which responded to the RFP.
WHEREAS, the Contractor desires to enter into this Agreement to provide
services to the City and acknowledges that the City has relied upon its representations
in response to the RFP and commits to faithfully perform the services required by this
Agreement and in accordance with the terms and conditions of this Agreement.
WHEREAS, the Contractor has examined the location of all proposed work,
carefully reviewed and evaluated the specifications relative to the type, common nature
and frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the parties agree as follows:
1. TERM
The initial term of this Agreement shall commence on February 1, 2011 ("effective
date") and shall extend for twelve (12) weeks through April 30, 2011 ("Pilot Phase") with
an option to extend the term of this Agreement through December 31; 2020, unless
terminated earlier in accordance with Section 20 of the Agreement or as further
provided below. The City may choose, at its sole discretion, to exercise the option to
extend the contract beyond the Pilot Phase or terminate the contract with or without
cause upon completion of the Pilot Phase. The City shall provide Contractor with written
notice not less than thirty (30) days prior to the completion of the Pilot Phase of the
City's decision to terminate the Agreement upon completion of the Pilot Phase on April
30, 2011 or to exercise its option to extend the term of the Agreement through
December 31, 2020.
Time is of the essence in the performance of services under this Agreement.
2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict compliance
with the Scope of Work ("Contract Services" or "Work") as described in the RFP's
Description of Project, attached hereto as Exhibit A, the Contractor's Total Annual Cost
proposal, attached hereto as Exhibit B, and the Contractor's Unit Price Form attached
hereto as Exhibit C, and all incorporated herein by reference. The Contract Services
shall be performed at least as frequently as specified in the Scope of Work and
Contractor's proposal. City shall have the right to alter the frequency of maintenance as
necessary.
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 legally authorized to work in
California.
B. All Contract Services shall be performed by competent and experienced
employees. Contractor shall be responsible for actions of its employees while
performing Contract Services. Contractor shall be responsible for compliance
with all local, state, and federal laws and regulations. Contractor shall employ or
retain, at its sole cost and expense, all professional and technical personnel
necessary to properly perform Contract Services.
C. The Contractor shall establish, implement and maintain written operating
procedures designed to ensure the work forces' utilization of techniques
generally accepted for cities of the size and nature of the City of Newport Beach.
A current copy of the operating procedures shall be provided to the City's
Municipal Operations Department Operations Support Superintendent
("Operations Support Superintendent").
D. The Contractor's work force shall include a thoroughly skilled, experienced, and
competent supervisor ("Contractor's 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 by City shall be
deemed delivered to the Contractor. The Contractor's Supervisor assigned must
be identified by name to ensure coordination and continuity.
E. All of Contractor's employees ("Employee(s)") working at the outlined areas shall
be neat in appearance and in uniforms as approved by the Municipal Operations
Operations Support Superintendent when performing Contract Services. All
Employees shall wear identification badges or patches. Those Employees
working in or adjacent to traffic zones shall wear orange vests. Employees shall
not remove any portion of their uniform while working within the City. Employees
driving the Contractor's vehicles shall at all times possess and carry a valid
Commercial Drivers License issued by the State of California. If the City's
Administrator (as defined in Section 11) determines that any person employed by
the Contractor has failed or refused to carry out the terms of this Agreement,
appears to be incompetent, acts in a disorderly, improper, or unsafe manner, or
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 2
shows signs of intoxication or other impairment, instead of initiating termination
for breach, the City's Administrator may notify Contractor, who shall take
immediate remedial action, which may include removing the Employee from the
job site. Prior to returning a removed Employee to work within the City, the
Contractor shall provide in writing the reason for the individual's behavior and the
means used to prevent this behavior from occurring again. In no event shall
Contractor fail to prevent, prohibit, or resolve problems with its Employees
working after receiving notice of same from the City. Violation of this section by
Contractor shall be a material breach of this Agreement and may result in the
City terminating the Agreement or temporarily suspending services hereunder,
with Contractor being liable for any resulting costs incurred by the City. No
action to terminate or suspend shall be taken by City until after Contractor is
provided notice and afforded an opportunity to respond or refute the allegations,
except that the City's Administrator may immediately suspend services
hereunder if s/he finds such action reasonably appropriate to protect the public
safety, health or welfare.
F. All Work shall be performed in accordance with the highest maintenance
standards.
G. Complaints received by the City regarding the Contractor's performance will be
transmitted to the Contractor's office in writing, by email or mail or facsimile, and
handled by the Contractor's Supervisor. City shall receive a follow-up response
from Contractor within twenty-four (24) hours following notification of the
Contractor of any complaint. A report of the Contractor's investigation and the
corrective action taken shall be made promptly by the Contractor to the City's
Administrator. Repeat complaints may be handled by a joint visit to the site by a
City inspector and the Contractor's Supervisor. Complaints received directly by
the Contractor shall be submitted in writing to the City on the day such
complaints are received. Contractor shall maintain a log of complaints received
and corrective actions implemented which shall be submitted to the City within
ten (10) days following the end of the month.
H. 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.
I. Contractor shall provide a Contractor's Supervisor to coordinate Work with the
City's Administrator and ensure satisfactory performance of Contract Services.
The supervisor shall coordinate work crews on a daily basis to ensure
compliance with the terms of this Agreement.
J. Work within the City by utility and construction companies may be progressing
concurrently with the Work under this Agreement. It is the responsibility of the
Contractor to be informed of work planned by these parties and to coordinate the
Work accordingly.
K. The Contractor warrants that it has familiarized itself with all of the City's
beaches at the time of commencement of this Agreement. Contractor is also
familiar with all existing installations, both public and private, in the area where
Beach Container Refuse Collection Service
Rainbow Disposal Co. Page 3
services shall be performed under this Agreement. Contractor shall provide
adequate safeguards to prevent damage to existing structures and
improvements. Structures or improvements of any kind, whether public or
private, which are removed, damaged or destroyed in the course of Work shall
be replaced and/or repaired, at the Contractor's expense, to the original condition
and to the satisfaction of the City. Failure to have such damages repaired in a
timely manner will result in the City deducting from the Contractor's payment the
cost to perform the necessary remedial work.
The Contractor shall at all times use practices as dictated by the highest
standards within the refuse collection industry and will make adjustments to its
equipment and Work as necessary. The Contractor must exercise due care so as
to prevent spilling, scattering, or dropping of debris during the beach container
refuse collection service activity and shall immediately clean up any such
spillage, dropping, or scattering from private or public property. Standards,
schedules, and frequencies may be modified from time to time as deemed
necessary by the City for the proper collection of the beach container sites.
L. The City may at various times and locations temporarily install portable traffic
counting equipment of the type which is activated by vehicles coming in contact
with a hose placed in the roadway. Caution shall be used by the Contractor to
avoid damaging said equipment. If the Contractor, while in the performance of his
contract duties, damages or causes to be damaged any of the aforementioned
traffic counting equipment or appurtenances, the Contractor shall bear the entire
cost for the restoration, repair, inspection, testing or replacement of said
damaged equipment.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor an amount not to exceed Five Thousand Seven -hundred
Thirty Dollars and 40/100 ($5,730.40) for the Pilot Phase. Thereafter, should the City
exercise its option to extend the term of the Agreement, City shall pay Contractor an
amount not to exceed One -hundred Twenty-seven Thousand Four -hundred Forty-
four Dollars and 44/100 ($127,441.44) per contract year, subject to the Consumer
Price Index adjustment after the first year, as further defined below. Contractor shall
submit invoices for scheduled collection service and refuse container replacement to
City on a monthly basis. City shall pay invoices within thirty (30) days after receipt and
approval 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 19 entitled "Notices".
Upon the first anniversary of the Commencement Date and upon each anniversary of
the Commencement Date thereafter, the rate to be paid by the City as set forth in
Exhibits B and C shall be adjusted in proportion to changes in the Consumer Price
Index, subject to the 3.0% maximum adjustment increase set forth below. Such
adjustment shall be made by multiplying the original rate by a fraction, the numerator of
which is the value of the Consumer Price Index for the calendar month three (3) months
preceding the calendar month for which such adjustment is to be made and the
denominator of which is the value of the Consumer Price Index for the same calendar
month one (1) year prior. For example, if the adjustment is to occur effective January 1,
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 4
2011, the index to be used for the numerator is the index for the month of October 2010
and the index to be used for the denominator is October 2009. The "Consumer Price
Index" to be used in such calculation is the Consumer Price Index, All Urban
Consumers (All Items) for the Los Angeles Anaheim Riverside Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics (1982
84 = 100). If both an official index and one or more unofficial indices are published, the
official index shall be used. If said Consumer Price Index is no longer published at the
adjustment date, it shall be constructed by conversion tables included in such new
index. In no event, however, shall the amount payable under this agreement be
reduced below the Rate in effect immediately preceding such adjustment. The
maximum increase to the Rate, for any year where an adjustment is made in proportion
to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate in effect
immediately preceding such adjustment.
Source: http://www.bls.gov/cpi/data.htm
Series ID: CUURA421SA0
5. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Contractor or any of Contractor's
Employees or agents, to be the agents or employees of City. Contractor shall have the
responsibility for and control over the means of performing the Work, provided that
Contractor is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Contractor as to the details of
the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance or to exercise a measure of control over
Contractor shall mean only that Contractor shall follow the desires of City with respect to
the results of the services.
6. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or location for
which Contractor is to provide services. City has also made no representation that the
site or location of Work will be free from defects, apparent or hidden, at the
commencement of, or at any time during the term of the Agreement.
7. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 5
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any Work performed or Contract Services provided under this Agreement
(including, without limitation, defects in workmanship and/or materials) or Contractor's
presence or activities conducted performing the Work (including the negligent and/or
willful acts, errors and/or omissions of Contractor, its principals, officers, agents,
employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly
or indirectly by any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Contractor.
8. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise
from or in connection with the performance of the work hereunder by Contractor,
his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Contractor's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability
Insurance (with limits of at least One Million Dollars and no/100
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 6
($1,000,000.00)) for Contractor's employees in accordance with the laws
of the State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of Califomia, Section 3700 for all of
the subcontractor's employees.
Any notice of cancellation or non -renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (ten
(10) calendar days written notice of non-payment of premium) prior to
such change.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general
liability insurance in an amount not less than Two Million Dollars and
no/100 ($2,000,000.00) per occurrence for bodily injury, personal injury,
and property damage, including without limitation, blanket contractual
liability.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of
the Contractor arising out of or in connection with work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than Two Million Dollars
and no/100 ($2,000,000.00) combined single limit for each accident.
iv. Pollution Liability Coverage. Hauler shall maintain Hauler's environmental
liability insurance with limits in an amount of not less than One Million
Dollars and no/100 ($1,000,000.00) per occurrence and annual aggregate
covering claims for on -site, under -site, or off -site bodily injury and property
damage and regulatory fines as a result of pollution conditions arising out
of its operations under this Agreement.
D. Other Insurance Provisions or Requirements
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
Beach Container Refuse Collection Service
Rainbow Disposal Co. Page 7
ii. Enforcement of Agreement Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
iii. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
iv. Notice of Cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with thirty (30) days notice of
cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
v. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suts instituted that arise out of or result from Contractor's
performance under this Agreement.
vi. 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.
9. 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.
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.
10. RECORDS/REPORTS
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.
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 8
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. The Contractor is required to keep a daily log of all areas cleaned, including the
name and location of the streets, along with a description of any special
cleanings performed. The log shall be signed by the Contractor's Supervisor on
a daily basis. Each month, a report shall be prepared from the daily log, giving a
brief description of all routine, special cleanings, and emergency activities. The
log report shall be attached to the monthly invoice submitted to the City's
Administrator. A phone log will be submitted monthly of all calls from the City of
Newport Beach Municipal Operations 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 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.
11. ADMINISTRATION
A. This Agreement will be administered by the City's Municipal Operations
Department. The Municipal Operations Director or his/her designee shall be
considered the City's Administrator and shall have the authority to act for the City
under this Agreement. The City's Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the Work 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.
12. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional/emergency services as requested by the City
Administrator. The City Administrator may give verbal authorization for
additional/emergency services, prior to performance of the Work, up to One
Thousand Dollars and no/100 ($1,000.00). Contractor must obtain written
authorization from the City's Administrator prior to the performance of any
additional/emergency services that exceed One Thousand Dollars and no/100
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 9
($1,000.00). Additional services, may be billed in accordance with the unit cost
proposed by the Contractor in Exhibit C.
B. City reserves the right to withdraw certain locations from the Scope of Work to be
performed by Contractor pursuant to this Agreement. City shall notify Contractor
in writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location. In the event a location is withdrawn from the Scope of
Work, compensation to Contractor shall be reduced in accordance with the
Contractor's unit costs specified in Exhibit C. In the event the location is
withdrawn for a period of less than a full ten (10) year term, Contractor's
compensation shall be reduced on a prorated basis.
13. 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 City Manager and
his or her decision shall be final and binding upon Contractor and his sureties.
14. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for expenses unless authorized in writing by the
City's Administrator.
15. LABOR
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 the Work.
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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 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:
Director, Municipal Operations 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:
Tim Skeber
Rainbow Disposal, Co., Inc.
17121 Nichols Street
Huntington Beach, CA 92647
20. TERMINATION/DEFAULT
A. The agreement includes a twelve (12) week Pilot Phase in order to evaluate
Contractor performance. At the conclusion of the Pilot Phase the City shall
provide Contractor with written notice not less than thirty (30) days prior to the
completion of the Pilot Phase of the City's determination on the continuance of
the agreement.
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 11
B. 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 by giving written notice of termination.
C. This agreement may be terminated without cause by City upon thirty (30) days
written notice. Upon termination, City shall pay to Contractor that portion of
compensation specified in the Agreement that is earned and unpaid prior to the
effective date of termination. The Contractor may only terminate the Agreement
in the event of nonpayment by the City. In the event of nonpayment of
undisputed sums by the City, Contractor shall give the City thirty (30) days
written notice thereof and the City shall have fifteen (15) working days to cure the
alleged breach.
D. 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's Administrator,
the level of maintenance falls below appropriate hardscape maintenance
standards and/or Contractor fails to satisfactorily perform Contract Services. City
shall have the right to retain funds withheld until the City's Administrator
determines that Contract Services are performed as well and as frequently as
required by this Agreement.
21. COMPLIANCE WITH LAW
The Contractor shall have in his/her possession and be familiar with all safety
regulations issued by the State Division of Industrial Safety and shall comply with these
and all other applicable laws, ordinances, and regulations governing Affirmative Action
programs.
The Contractor shall provide all safeguards and protective devices and take any other
action necessary to protect the health and safety of their employees on the job, safety of
City employees and the public in connection with the performance of the work required
by this contract.
Nothing in this RFP shall be construed to relieve the Contractor from compliance with all
applicable laws whether municipal, county, state or federal.
22. LICENSES, FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the Contract Services
required by this Agreement. Contractor shall have the sole obligation to pay for any
fees, assessments and taxes, plus applicable penalties and interest, which may be
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 12
imposed by law and arise from or are necessary for the Contractor's performance of the
services required by this Agreement, and shall indemnify, defend and hold harmless
City against any such fees, assessments, taxes penalties or interest levied, assessed or
imposed against City hereunder.
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. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties conceming the Contract 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.
25. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
26. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
27. CONTROLLING LAW AND VENUE
Except for payment disputes governed by Section 13, the laws of the State of California
shall govern this Agreement and all matters relating to it and any action brought relating
to this Agreement shall be adjudicated in a court of competent jurisdiction in the County
of Orange.
28. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Work or any other attachments attached hereto, the terms of this Agreement
shall govern.
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 13
30. CLAIMS
The Contractor and the City expressly agree that in addition to any claims filing
requirements set forth in the Agreement and the RFP, the Contractor shall be required
to file any claim the Contractor may have against the City in strict conformance with the
Tort Claims Act (Government Code Section 900 et seq.)
[Signatures on following page]
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Rainbow Disposal Co. Page 14
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
CITY OF NE PORT BEACH
A California unicipal Corporation and
Charter City
1' ' Ib By:
Leonie Mulvihill,
Assistant City Attorney
ATTEST:
By:
Leilani Brown,
City Clerk
Attachments:
n \ Michael F. Henn
Afvk Mayor
Exhibit A — Scope of Work, Maps
Exhibit B — Total Annual Cost Form
Exhibit C — Unit Price Form
Exhibit D — Request for Proposal
Milt ffltttlt#
CONTRACTOR: Rainbow Disposal,
Co., a California Corporation
By: §---
By:
Bruce Shuman
Co -President, CEO
Jerry Moffatt
Co -President, COO
[End of signatures]
Beach Container Refuse Collection Service
Rainbow Disposal Co. Page 15
EXHIBIT A: SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perform maintenance as
described herein including, but not limited to, the following:
1. Furnish containers according to City -approved specification.
2. Collect refuse from designated containers and area immediately
surrounding designated containers on beach on a regularly scheduled
basis.
3. Notify Operations Support Superintendent immediately of bulky items or
hazardous materials in designated containers and area immediately
surrounding designated containers on beach.
4. Clean interior and exterior of containers on beach on a regularly scheduled
basis.
5. Remove/repair designated containers on beach within 24 hours of notice.
B-1
B-2
Beach Bin Se[vice Areas
Nachlne-Cleane4(Totall6a bins)
Area #1(42
- tea Area#2 (31)
Prea#3(20)
Area #4(1)
WeaAS (23)
Area KB(37)
B-3
EXHIBIT B: TOTAL ANNUAL.COST FORM
Annual Cost
Area
Total Cost Total Cost
Summer (14 weeks) Non -summer (38 weeks)
Area #1 (42 containers)
Area #2 (31 containers)
Area #3 (20 containers)
Area #4 (15 containers)
Area #5 (23 containers)
Area #6 (37 containers)
$15,964.20 $15,896.16
$11,783.10 $11,732.88
$7,602.00 $7,569.60
$5,701.50 $5,677.20
$8,742.30 $8,705.04
$14,063.70 $14,003.76
Total Cost (168 containers)
$127,441.44
Pilot Phase Cost
Area
Total Pilot Cost
Area #5 (23 containers)
Area #6 (37 containers)
$2,158.32
$3,472.08
Total 12-week Cost (60 containers)
$5, 630.40
B-1
EXHIBIT C: UNIT PRICE FORM
Unit Price Form
The Contractor agrees that for requested and/or required changes in the scope of work,
including additions and deletions on work not performed, the Contract Sum shall be
adjusted in accordance with the following unit prices, where the City elects to use this
method in determining costs.
Contractor is advised that the unit prices will enter into the determination of the contract
award. Unreasonable prices may result in rejection of the entire bid proposal. Unit
prices listed below refer to all items installed and the Construction Documents and
include all costs connected with such items; including but not limited to, materials, labor,
overhead, and profit for the contractor.
The unit prices quoted by the Contractor shall be those unit prices that will be charged
or credited for labor and materials to be provided regardless of the total number units
and/or amount of labor required for added or deleted items of work.
All work shall be performed in accordance with specifications described in the RFP.
WORK DESCRIPTION
Unit Price
Refuse container (per collection)
$5.19
D-1
EXHIBIT D: REQUEST FOR PROPOSAL
D-1
Municipal Operations Department
Request for Proposal
BEACH BIN TRASH COLLECTION SERVICE
November 2010
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
TABLE OF CONTENTS
Introduction
Attachment A: Instructions and Conditions
Attachment B: Description of Project
Attachment C: Detailed Maps
Attachment D: Total Cost Form
Attachment E: Unit Price Form
Attachment F: Statement of Compliance
Attachment G: Draft Agreement
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
INTRODUCTION
The City of Newport Beach ("City") is inviting proposals for City beach trash collection
and disposal services for the City's one hundred sixty-eight (168) bins on a regular
basis, two to five times per week. Responses to this Request for Proposal (RFP) will be
evaluated on the basis of background, experience, expertise, management plan, and
proposed cost. The City intends to award a contract for a twelve (12) week pilot phase
with the option to extend the contract up to ten (10) years upon favorable performance
by the contractor. Additional areas, as developed, assumed or determined by the City
for beach bin trash collection service, may be added to or removed from the scope of
work.
Contractors are encouraged to submit an additional proposal that may specify
the use of bins of an alternate design/capacity and placement at alternate
locations.
Copies of this request for proposal may be obtained in person at the City Corporation
Yard, Building A located at 592 Superior Avenue, Newport Beach. Please do not mail
any correspondence to the Superior Avenue address as it is not a valid mailing
address.
I. SCHEDULE OF EVENTS
RFP Release
Mandatory Pre -Proposal Meeting
Proposal Due
Award of Contract
Contractor In -Place
Start of Pilot Phase
Conclusion of Pilot Phase
Wednesday, November 3, 2010
Wednesday, November 10, 2010
Thursday, November 18, 2010
December 2010
December 2010
January 2011
April 2011
Mandatory Pre -Proposal Meeting
Any contractor considering submitting a proposal must attend the mandatory pre -
proposal meeting. The meeting will be held at 9:00 AM on Wednesday, November
10, 2010 at the City Corporation Yard, Building A located at 592 Superior Avenue,
Newport Beach. The City will reject any and all proposals submitted by contractors
not in attendance at the mandatory pre -proposal meeting.
II. INSTRUCTIONS AND CONDITIONS
See Attachment A.
111. DESCRIPTION OF PROJECT
See Attachment B.
1
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
IV. POINT OF CONTACT
The sole source of contact regarding this RFP is Jim Auger, Operations Support
Superintendent, (949) 718-3477. Individuals or firms interested in submitting a
proposal are asked not to contact other City staff members in connection with the
RFP prior to the announcement of the selected contractor.
All written inquires related to this RFP are to be delivered in -person in a
sealed envelope to the City Corporation Yard, Building A located at 592
Superior Avenue, Newport Beach or submitted by mail to 3300 Newport
Blvd, P.O. Box 1768, Newport Beach, CA 92658.
V. CITY OF NEWPORT BEACH BUSINESS LICENSE
The contractor shall obtain and maintain in effect a valid City of Newport Beach
Business License prior to commencement of work and during the entire time that
work is being performed under the contract. Questions regarding business
licenses should be addressed to the Revenue Division at (949) 644-3141.
VI. PROFESSIONAL LICENSES, PERMITS, ETC.
Contractor represents and warrants to the City that they possess, and will keep in
effect at all times during the term of a contract with the City, all licenses, permits,
professional qualifications, and approvals of whatever nature that are legally
required to practice his/her trade. Compliance with any and all AQMD regulations
is necessary as well. Confirmation of compliance with AQMD rules must be
contained in the proposal.
VII. DELIVERABLES
The Contractor is responsible for the following:
a. Proposal in the format and content explained in Section II (Attachment A).
b. Completed Total Cost Form (Attachment D).
c. Completed Unit Price Form (Attachment E).
d. Signed Statement of Compliance (Attachment F).
VIII. PROPOSAL DUE DATE
Contractor must submit one (1) original and two (2) complete copies of the
proposal (copies must be marked "COPY"). One (1) electronic copy in .doc or .pdf
format on CD shall be included with the original proposal. All proposals must be
delivered to the City Corporation Yard, Building A located at 592 Superior Avenue,
Newport Beach no later than 11:00 AM on Thursday, November 18, 2010.
Proposals will become a part of the official files of the City of Newport Beach and
will not be returned. The front of the sealed envelope enclosing the proposal
must include the name of the contractor and be labeled:
CONFIDENTIAL PROPOSAL FOR BEACH BIN TRASH COLLECTION SERVICE
2
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
ATTACHMENT A: INSTRUCTIONS AND CONDITIONS
I. GENERAL CONDITIONS
A. Pre -Contractual Expenses
Pre -contractual expenses are defined as expenses incurred by Contractor in:
1. Preparing a proposal in response to this RFP.
2. Submitting that proposal to the City of Newport Beach.
3. Negotiating with the City of Newport Beach any matter related to this RFP,
proposal, and/or contractual agreement.
4. Any other expenses incurred by the Contractor prior to the issuance of the
Notice of Commencement.
The City of Newport Beach shall not, in any event, be liable for any pre -contractual
expenses incurred by any Contractor. In addition, no proposal shall include any
such expenses as part of the price proposed to perform the beach bin trash
collection services as described in this RFP.
B. Authority to Withdraw RFP and/or Not Award Contract
The City of Newport Beach reserves the right to withdraw this RFP at any time
without prior notice. Further, the City makes no representations that any contract
will be awarded to any Contractor responding to the RFP. The City expressly
reserves the right to postpone the opening of proposals for its own convenience
and to reject any and all proposals in response to this RFP without indicating any
reasons for such rejection(s). The City also reserves the right to negotiate with the
successful bidder concerning various alternatives.
C. Pricing Approach
The City of Newport Beach intends to award a contract for a fixed rate for the
twelve (12) week term of the pilot phase and a fixed annual price for the remainder
of the ten (10) year term of this contract. Additional contracted work during the
term of the contract or payment deductions for contract work not rendered shall be
charged or deducted at the per unit rate proposed on the Unit Price Form
(Attachment E).
D..Right to Reject Proposals
The City of Newport Beach reserves the right to reject any or all proposals
submitted. Any award made for this work will be made to the Contractor, which, in
the opinion of the City, is best qualified to execute the services provided for in this
A-1
CONTRACT FOR BEACH BIN TRASH COLLECTION SERVICE
WITH [CONTRACTOR NAME]
THIS BEACH BIN TRASH COLLECTION SERVICE CONTRACT ("Agreement"),
entered into this day of December 2010, by and between the City of Newport
Beach, a California Municipal Corporation and Charter City ("City"), and,
[CONTRACTOR NAME], a California Corporation located at [ADDRESS]
("Contractor"), is made with reference to the following recitals:
RECITALS
WHEREAS, the City desires to contract for tS ollection, disposal, and
maintenance services for 168 beach trash bins on a regu
"`fir
WHEREAS, on November 3, 2010 a R ®e%st for Prop s ("RFP") inviting
proposals from firms performing this service w. tiled
WHEREAS, [Contractor Name] wa *e Contract q deemed t`a the most
qualified, responsible proposer at a fair and -+nab ett to the City to"perform the
work out of those firms which responded to the R
WHEREAS, the Contractor
services to the City and acknowled
in response to the RFP and commits
Agreement and in accord a with the
WHEREAS,
carefully reviewed
and frequency of
performance of servi
specified
1.
The initial'
("effective da
Phase") with an
2020, unless ter
o this Agreement to provide
ed upon its representations
,services required by this
s of this Agreement.
ined the location of all proposed work,
ions relative to the type, common nature
iliar with all conditions relevant to the
perform all work required for the price
arties agree as follows:
ement shall commence on the date first written above
xtend for twelve (12) weeks through April _, 2011 ("Pilot
extend the term of this Agreement through December 31,
d earlier in accordance with Section 20 of the Agreement or as
further provided below. The City may choose, at its sole discretion, to exercise the
option to extend the contract beyond the Pilot Phase or terminate the contract with or
without cause upon completion of the Pilot Phase. The City shall provide Contractor
with written notice not less than thirty (30) days prior to the completion of the Pilot
Phase of the City's decision to terminate the Agreement upon completion of the Pilot
Phase on April _, 2011 or to exercise its option to extend the term of the Agreement
through December 31, 2020.
Time is of the essence in the performance of services under this Agreement.
2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict compliance
with the Scope of Work ("Contract Services" or "Work") as described in the RFP's
Description of Project, attached hereto as Exhibit A, the Contractor's Total Annual Cost
proposal, attached hereto as Exhibit B, and the Contractor's Unit Price Form attached
hereto as Exhibit C, and all incorporated herein by reference. The Contract Services
shall be performed at least as frequently as specified in the Scope of Work and
Contractor's proposal. City shall have the right to alter the frequency of maintenance as
necessary.
3. WORKMANSHIP. SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force s)
Services and all members of the work force
California.
B.
All Contract Services shall be pe
employees. Contractor shall be res
performing Contract Services. Contra
with all local, state, and federal laws and
retain, at its sole cost ands nse, all p
necessaryproperly
to p p erl y pertorService
C. The Contractor shall
procedures des'
generally acce
A current
Municipal
("Operations
D. T
de
be id
ervisory per
�. and in writi
delivered
d by n
establi
ensu
s of th
rating
epartme
dent")
perform the Contract
uthorized to work in
ed by competent experienced
ible for sa f ons of its a $ ees while
hail 'responsible for compliance
s. Contractor shall employ or
sional and technical personnel
intain written operating
utilization of techniques
nd natu?of the City of Newport Beach.
cedures shall be provided to the City's
Operations Support Superintendent
orce shalli vde a thoroughly skilled, experienced, and
Contractor's Supervisor") who shall be responsible for
ons by directly overseeing the contract operations. All
ae able to communicate effectively in English (both
Any order given to supervisory personnel by City shall be
he Contractor. The Contractor's Supervisor assigned must
to ensure coordination and continuity.
E. All of Con « employees ("Employee(s)") working at the outlined areas shall
be neat in ap -arance and in uniforms as approved by the Municipal Operations
Operations Support Superintendent when performing Contract Services. All
Employees shall wear identification badges or patches. Those Employees
working in or adjacent to traffic zones shall wear orange vests. Employees shall
not remove any portion of their uniform while working within the City. Employees
driving the Contractor's vehicles shall at all times possess and carry a valid
Commercial Drivers License issued by the State of California. If the City's
Administrator (as defined in Section 11) determines that any person employed by
the Contractor has failed or refused to carry out the terms of this Agreement,
appears to be incompetent, acts in a disorderly, improper, or unsafe manner, or
Beach Bin Trash Collection Service [Contractor Name] Page 12
shows signs of intoxication or other impairment, instead of initiating termination
for breach, the City's Administrator may notify Contractor, who shall take
immediate remedial action, which may include removing the Employee from the
job site. Prior to returning a removed Employee to work within the City, the
Contractor shall provide in writing the reason for the individual's behavior and the
means used to prevent this behavior from occurring again. In no event shall
Contractor fail to prevent, prohibit, or resolve problems with its Employees
working after receiving notice of same from the City. Violation of this section by
Contractor shall be a material breach of this Agreement and may result in the
City terminating the Agreement or temporarily suspend', g services hereunder,
with Contractor being liable for any resulting costs tl;4tred by the City. No
action to terminate or suspend shall be taken by Puntil after Contractor is
provided notice and afforded an opportunity to r gtr pr refute the allegations,
except that the City's Administrator may ;time t"-jy suspend services
hereunder if s/he finds such action reasontyappropridc protect the public
safety, health or welfare.
F. All Work shall be performed in a$ Odance with the highs aintenance
standards.
G. Complaints received by the city regarding'.,
transmitted to the Contractor "° of ice in writing
handled by the Contractor's `pert sot City s
from Contractor within twen`tfour
Contractor of any c•plaint. A report of , C
corrective actio
Administrator
City inspec
the Contra
complaints ar
an.$ cctive
II vehicles an
wing order a'1
'cation of the
all bea
eatl . .faints
id the C Yt. ractor s
shall b ubmitted
iva® �' tractor
I. Contr
City's A
The supe
compliance wi
ontractor's performance will be
email or mail or facsimile, and
eceive a follow-up response
ours Jlhowing notification of the
ntrIor's investigation and the
omp $ the Contractor to the City's
e handled by a joint visit to the site by a
pervisor. Complaints received directly by
writing to the City on the day such
1 maintain a log of complaints received
'mplemC Which shall be submitted to the City within
he end of the month.
used in conjunction with the Work shall be in good
ave ®® opriate safety guards. All vehicles shall bear the
ntractor.
de a Contractor's Supervisor to coordinate Work with the
and ensure satisfactory performance of Contract Services.
shall coordinate work crews on a daily basis to ensure
the terms of this Agreement.
J. Work within the City by utility and construction companies may be progressing
concurrently with the Work under this Agreement. It is the responsibility of the
Contractor to be informed of work planned by these parties and to coordinate the
Work accordingly.
K. The Contractor warrants that it has familiarized itself with all of the City's
beaches at the time of commencement of this Agreement. Contractor is also
familiar with all existing installations, both public and private, in the area where
Beach Bin Trash Collection Service [Contractor Name]
Pagel
L.
services shall be performed under this Agreement. Contractor shall provide
adequate safeguards to prevent damage to existing structures and
improvements. Structures or improvements of any kind, whether public or
private, which are removed, damaged or destroyed in the course of Work shall
be replaced and/or repaired, at the Contractor's expense, to the original condition
and to the satisfaction of the City. Failure to have such damages repaired in a
timely manner will result in the City deducting from the Contractor's payment the
cost to perform the necessary remedial work.
The Contractor shall at all times use practices as dictated by the highest
standards within the refuse collection industry and wilt make adjustments to its
equipment and Work as necessary. The Contractor must"exercise due care so as
to prevent spilling, scattering, or dropping of del rts' Criring the beach bin trash
collection service activity and shall immedia( cleats p any such spillage,
dropping, or scattering from private or publi o erty. Staf } . ads, schedules, and
frequencies may be modified from time to °as deemed rri ` ssary by the City
for the proper collection of the beach bird s.
The City may at various times and
counting equipment of the type which i
with a hose placed in the ro dway. Caut
avoid damaging said equip "fa° f the Contra
contract duties, damages or 1pbe dam
traffic counting equipment or a
cost for the resto_tion, rep
damaged equips,
4. COMPENS•,iTOCO:ACTO
City shall pay Con
($[AMOUN r r for
extend m flw`s"eL s
[AMU
Prime
subm
after re T ® in the Uni
specified in
Dolla
dex adjustme'Yti
oices to City
nd approval;
tates mail
Qn 19
d
ions terrrprarily install ble traffic
y vehicles coming in contact
1 be used by the Contractor to
while in the performance of his
any of the aforementioned
tractor shall bear the entire
stin"or replacement of said
eed [AMOUNT] Dollars and No/100
r, should the City exercise its option to
ent, City ski'= I pay Contractor an amount not to exceed
($[AMOUNT].00) per year, subject to the Consumer
rst year, as further defined below. Contractor shall
basis. City shall pay invoices within thirty (30) days
the City. Payment shall be deemed made when deposited
t class postage pre -paid, and addressed to Contractor as
"Notices".
Upon the first an :ry of the Commencement Date and upon each anniversary of
the Commencemen w Pate thereafter, the rate to be paid by the City as set forth in
Exhibits B and C shall be adjusted in proportion to changes in the Consumer Price
Index, subject to the 3.0% maximum adjustment increase set forth below. Such
adjustment shall be made by multiplying the original rate by a fraction, the numerator of
which is the value of the Consumer Price Index for the calendar month three (3) months
preceding the calendar month for which such adjustment is to be made and the
denominator of which is the value of the Consumer Price Index for the same calendar
month one (1) year prior. For example, if the adjustment is to occur effective January 1,
2011, the index to be used for the numerator is the index for the month of October 2010
and the index to be used for the denominator is October 2009. The "Consumer Price
Beach Bin Trash Collection Service [Contractor Name] Page 14
Index" to be used in such calculation is the Consumer Price Index, All Urban
Consumers (All Items) for the Los Angeles Anaheim Riverside Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics (1982
84 = 100). If both an official index and one or more unofficial indices are published, the
official index shall be used. If said Consumer Price Index is no longer published at the
adjustment date, it shall be constructed by conversion tables included in such new
index. In no event, however, shall the amount payable under this agreement be
reduced below the Rate in effect immediately preceding such adjustment. The
maximum increase to the Rate, for any year where an adjustment is made in proportion
to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate in effect
immediately preceding such adjustment.
Source: http://www.bls.gov/cpi/data.htm
Series ID: CUURA421SA0
5. INDEPENDENT CONTRACTOR
It is understood that City retains Contracto
Contractor is not an agent or employee of
the Work are under the control of Contractor,
statute, rule or regulation and the expressed to
Agreement shall be deemed to co
Employees or agents, to be the ag
responsibility for and control over t
Contractor is in compliance with th
Agreement that may ap®a =" `® .ive Cit
the performance or to
that Contractor sIth`=`follow th
Agreement. Anyttc in this A
Contractor as to the' d= Is
Contractor jj_ neanJ Qr` :� Con
the res ervice
City ma
which Co
site or loco
commencemen
o represent
or is to pro
of W
7. HOLD HARMLESS
an independent contra ,r basis and
The ma tier and means nducting
-e extent they are limited by
is Agreement. Nothing in this
approval ® ,ontractor or any of Contractor's
loyees a �' . Contractor shall have the
erfo ° the Work, provided that
»anent. Anything in this
to ,ire 6 ontractor as to the details of
control over Contractor shall mean only
City with respect to the terms of this
ay appear to give City the right to direct
r to exercise a measure of control over
follow the desires of City with respect to
n regarding the order or condition of any area or location for
e services. City has also made no representation that the
II be free from defects, apparent or hidden, at the
y time during the term of the Agreement.
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its • City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
Beach Bin Trash Collection Service (Contractor Name] Page 15
indirectly) to any Work performed or Contract Services provided under this Agreement
(including, without limitation, defects in workmanship and/or materials) or Contractor's
presence or activities conducted performing the Work (including the negligent and/or
willful acts, errors and/or omissions of Contractor, its principals, officers, agents,
employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly
or indirectly by any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any
terms of this Agreement. This indemnity shall apply to all
of whether any insurance policies are applicable. Th,
limitation upon the amount of indemnification to be prc
8. INSURANCE
Without limiting Contractor's indemnificatio
work, Contractor shall obtain, provide and
of this Agreement, policies of insurance of the
a form satisfactory to City.
A. Proof of Insurance. Contra
evidence of the insurance c
subrogation endorsement for
endorsement m
of performanceil
all times d
complete,
C
Itre
the ter
ied copie.
Con - •r shall1..
fob
or in . t do
s agents, re
rance shall b
enta9
elude
roved
ificati
f this
all requi
n on or to enforce the
and liability regardless
limits do not act as a
Contractor.
City, and prior to c.'"'; ; ncement of
ain at it +' n expense . g the term
an. d . unts described below and in
rovide
red
ers' c: . do
sates of insurance to City as
, along with a waiver of
nsurance certificates and
ger prior to commencement
hsurance all be kept on file with City at
tract. City reserves the right to require
'nsurance policies, at any time.
the duration of the contract insurance
ies to personor damages to property, which may arise
the performance of the work hereunder by Contractor,
employees or subcontractors. The cost of such
Contractor's bid.
B. Acc: ® able Insure " All insurance policies shall be issued by an insurance
comp- 3 urrent .uthorized by the Insurance Commissioner to transact
business . q ce in the State of California, with an assigned policyholders'
Rating of • higher) and Financial Size Category Class VII (or larger) in
accordance w h the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability
Insurance (with limits of at least One Million Dollars and no/100
($1,000,000.00)) for Contractor's employees in accordance with the laws
of the State of Califomia, Section 3700 of the Labor Code. In addition,
Beach Bin Trash Collection Service (Contractor Name] Page 16
Th
Contractor shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of
the subcontractor's employees.
Any notice of cancellation or non -renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (ten
(10) calendar days written notice of non-payment of premium) prior to
such change.
Contractor shall submit to City, along with the,p j.ificate of insurance, a.
Waiver of Subrogation endorsement in favor-- ity, its officers, agents,
employees and volunteers.
ii. General Liability Coverage. Contractor 11 mainttn commercial general
liability insurance in an amount *Its than Two-4illion Dollars and
no/100 ($2,000,000.00) per occuf tf6e for bodily inju j ersonal injury,
and property damage, includirc, without limitation, bld contractual
liability.
iii. Automobile Liability Coverage.
insurance covering a jnjury and
the Contractor arisine .® Of in cone
under this Agreement;='itclui
owned or rented vehicle ;gifin an
and no/10p ' 0,000 0
x,
iv. Pollu
liab
Dollar-8
overin
or shall maintain automobile
arty damage for all activities of
with work to be performed
any owned, hired, non -
than Two Million Dollars
mit for each accident.
uler shall maintain Hauler's environmental
limits W n amount of not Tess than One Million
0 OOO� b) per occurrence and annual aggregate
site, or off -site bodily injury and property
ulatory fines-"s a result of pollution conditions arising out
rider this Agreement.
of it ''ation#
er Insurance vis o
cies are to k1
Requirements
tain, or be endorsed to contain, the following provisions:
i. Wai" _.f gation. All insurance coverage maintained or procured
pursua s agreement shall be endorsed to waive subrogation against
City, its cted or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
ii. Enforcement of Agreement Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Contractor of
Beach Bin Trash Collection Service [Contractor Name] Page 17
non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
iii. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
iv. Notice of Cancellation. Contractor agrees to . its insurance agent or
broker and insurers to provide to City wi s ' y (30) days notice of
cancellation (except for nonpayment for . f' (10) days notice is
required) or nonrenewal of coverage for eachequireerage.
v. Timely Notice of Claims. Contractor shall give City promp r1' timely notice
of claims made or suts instituted tf?i t arise out of or result fr`,Contractor's
performance under this Agreemen�
vi. Additional Insurance. C. tractor shall atrryp"rocure and maintain, at its own
cost and expense, an m onal kinds b insurance, which in its own
judgment may be neces proper pfeption and prosecution of the
work.
`'
9. PROHIBITION AG;Ai"TRANS
A. Contractor
interest in
or purporte
Contra. r
B. The s
outstan
joint ventu
construed as
or obligation of this Agreement or any
or written consent of City. Any attempted
nt of City shall be null and void.
provisions relative to assignments are
ble and tha' "Contractor does possess special skills,
iquely suited to the performance of Contract Services
greement to a third party, in whole or in part, could
fiormance of Contract Services. Contractor may not
ctors unless specifically authorized by City.
, transfer, or other disposition of any of the issued and
tock of Contractor, of the interest of any general partner or
h shall result in changing the control of Contractor, shall be
assignment of this Agreement.
10. RECORDS/REPORTS
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.
Beach Bin Trash Collection Service (Contractor Name] Page 18
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. The Contractor is required to keep a daily log of all areas cleaned, including the
name and location of the streets, along with a description of any special
cleanings performed. The log shall be signed by the Contractor's Supervisor on
Mtn -the daily log, giving a
6."
tergency activities. The
submitted to the City's
calls from the City of
Newport Beach Municipal Operations Depa git and tli6:.ity of Newport Beach
Police Department to the Contractor, whet) s'6r not those call f require a request
for service and a description of the actic rs;1a"ken from the City call r;
a daily basis. Each month, a report shall be prepared
brief description of all routine, special cleanings, an
log report shall be attached to the monthly i
Administrator. A phone log will be submitted rnp
E. Contractor shall keep records and j
performed under this Agreement. C
accurate records with respe t to the costs
such records shall be clear) a P tifiable Co
of City during normal busineo exami
copies of such records. Con
Work, data, documents, proce
a period of threes a from
11. ADMINISTR
A. This Agree
Depa ent.
B. Cit
infor
comple
all such m
ection with it SA ork to be
all maintain complete and
red under this Agreement. All
tor shall allow a representative
edit, and make transcripts or
d allow inspection of all
ted to this Agreement for
ent under this Agreement.
by the City's Municipal Operations
pal"q Director or his/her designee shall be
dministrator " " shall have the authority to act for the City
The City's Administrator or his/her authorized
nt the City in all matters pertaining to the Work to be
Wement.
Contractor maps, ordinances, data, and other existing
e requested by Contractor necessary for Contractor to
ntemplated by this Agreement. City also agrees to provide
n a timely manner.
12. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional/emergency services as requested by the City
Administrator. The City Administrator may give verbal authorization for
additional/emergency services, prior to performance of the Work, up to One
Thousand Dollars and no/100 ($1,000.00). Contractor must obtain written,
authorization from the City's Administrator prior to the performance of any
additional/emergency services that exceed One Thousand Dollars and no/100
Beach Bin Trash Collection Service (Contractor Name] Page 19
($1,000.00). Additional services, may be billed in accordance with the unit cost
proposed by the Contractor in Exhibit C.
B. City reserves the right to withdraw certain locations from the Scope of Work to be
performed by Contractor pursuant to this Agreement. City shall notify Contractor
in writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location. In the event a location is withdrawn from the Scope of
Work, compensation to Contractor shall be reduced in accordance with the
Contractor's unit costs specified in Exhibit C. In the event the location is
withdrawn for a period of less than a full ten (10) ear term, Contractor's
compensation shall be reduced on a prorated basis.
13. DISPUTES PERTAINING TO PAYMENT FOR WOR
Should any dispute arise respecting whether any d lay s exc� e, or its duration, or
the value of the Work done, or of any Work �ted, or of a.,, xtra work which
Contractor may be required to do, or respect i� ;aty payment to C.` r ctor during the
performance of the Agreement, such disput= I be decided by the Manager and
his or her decision shall be final and binding Contr k and his suretiOsi
14. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimburse
City's Administrator.
15. LABOR
A. Contractor s
including,
Labor Stan
Contractor
subcontractor,
religion, color, s
state constitution o
authorized in writing by the
cable provisions of State and Federal law
ornia Labor Code, and the Federal Fair
as know at any actual or potential labor dispute is
to delay the timely performance of this Agreement,
ly give notice to City, including all relevant information.
s an a .sees that it does not, and will not, discriminate against any
I a� mployee or applicant for employment based on race,
ap, national origin, or other basis that violates the federal or
eral 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 the Work.
Beach Bin Trash Collection Service [Contractor Name) Page 110
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
Failure to do so constitutes a material breach an
this Agreement by the City. The Contractor shaft
City for any claims for damages resulting fromte Con
Section.
19. NOTICES
All notice, demands, requests or approvals toy
given in writing and will be deemed served whe
business day after the deposit f in the U
registered or certified, addressed a
All notices, demands, requests or app
to City at:
All
to C
quirements of the Act.
ounds for termination of
and hold harmless the
or's violation of this
er this Agreement must be
ed personally or on the second
States mail, postage prepaid,
City shall be addressed
Operations Department
ch
and
wport Beach; A 92658-8915
approvals from City to Contractor shall be addressed
AME]
ONTRACTOR]
ADDRESS].
[CITY, STATE ZIPCODE]
20. TERMINATION/DEFAULT
A. The agreement includes a twelve (12) week Pilot Phase in order to evaluate
Contractor performance. At the conclusion of the Pilot Phase the City shall make
a determination on the continuance of the agreement and notify the Contractor
within seven (7) days.
B. 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
Beach Bin Trash Collection Service [Contractor Name] Page 111
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 by giving written notice of termination.
C. This agreement may be terminated without cause by City upon thirty (30) days
written notice. Upon termination, City shall pay to ;'ractor that portion of
compensation specified in the Agreement that is e. a'= a and unpaid prior to the
effective date of termination. The Contractor may, e 1 erminate the Agreement
in the event of nonpayment by the City. I, e t of nonpayment of
undisputed sums by the City, Contractor ehaff give t ID'ty thirty (30) days
written notice thereof and the City shall he, fif'teen (15) wo days to cure the
alleged breach.
D. In addition to, or in lieu of, remedies
law, City shall have the right to wi
compensation for contract se vices if, in thy;
the level of maintenanc below apt(
standards and/or Contractor factoril
shall have the right to reta
determines that Co ract Servii
required by this t.
21. COMPLIAN
The Contractor sh
regulations issed
and all
progr
The
action n
City emplo
by this contr
actor shall p
sary to prote
and the
TH LA
Agreement 1 ursuant to
r a portion of Contractor's
ent of the City's Administrator,
iate hardscape maintenance
orm Contract Services. City
the City's Administrator
ell and as frequently as
sion and be familiar with all safety
u"strial Safety and shall comply with these
ordinances, : d regulations governing Affirmative Action
eguards and protective devices and take any other
hea th and safety of their employees on the job, safety of
is in connection with the performance of the work required
Nothing in this R be construed to relieve the Contractor from compliance with all
applicable laws whe ' er municipal, county, state or federal.
22. LICENSES. FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the Contract Services
required by this Agreement. Contractor shall have the sole obligation to pay for any
fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the
services required by this Agreement, and shall indemnify, defend and hold harmless
Beach Bin Trash Collection Service (Contractor Name] Page 112
City against any such fees, assessments, taxes penalties or interest levied, assessed or
imposed against City hereunder.
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. INTEGRATED CONTRACT
This Agreement represents the full and complete understand
whatsoever between the parties concerning the Contract
this Agreement. All preliminary negotiations and agc04,,
nature are merged in this Agreement. No verbal agre, r ht or
held to vary the provisions hereon.
25. AMENDMENTS
This Agreement may be modified or amende by t °tten document
both Contractor and City and approved as to for ,.'City Attorney.
of every kind or nature
ces to be provided under
of whatsoever kind or
t s`lied covenant shall be
26. SEVERABILITY
If any term or portion of this Agre
unenforceable by a cou m compe
Agreement shall conti 2.rce an
27. CONTROLL
Except for payment
shall goverx gree
to this nai II ti
ofO,mis'
28. I
The terms
language us
authorship of t
apply.
PRETATIO
is Agree
d sh-
29. CONFLICTS
xecuted by
slid, illegal, or otherwise
rieYi aining provisions of this
13, the laws of the State of California
d all - lating to it and any action brought relating
dicated in a court of competent jurisdiction in the County
shall be construed in accordance with the meaning of the
t be construed for or against either party by reason of the
nt or any other rule of construction which might otherwise
OR INCONSISTENCIES
In the event there
Scope of Work or
shall govern.
are any conflicts or inconsistencies between this Agreement and the
any other attachments attached hereto, the terms of this Agreement
Beach Bin Trash Collection Service [Contractor Name]
Page 113
30. CLAIMS
The Contractor and the City expressly agree that in addition to any claims filing
requirements set forth in the Agreement and the RFP, the Contractor shall be required
to file any claim the Contractor may have against the City in strict conformance with the
Tort Claims Act (Government Code Section 900 et seq.)
[Signatures on following page]
Beach Bin Trash Collection Service (Contractor Name] Page 1 14
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
CITY OF NEWPORT BEACH
A California Municipal Corporation and
Charter City
By: By:
Leonie Mulvihill, Keith D.
Assistant City Attorney Mayor
ATTEST:
By:
Leilani Brown,
City Clerk
Attachments:
tt##-1##441#
ACTOR: [CONTI
E], a [BUNESS TYP
k, Maps
Form
Form
or Proposal
[End of signatures]
OR
Beach Bin Trash Collection Service [Contractor Name]
Page 115
EXHIBIT A: SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perform maintenance as
described herein including, but not limited to, the following:
1. Furnish bins according to City -approved specification.
2. Collect refuse from designated bins and area immediately surrounding
designated bins on beach on a regularly scheduled basis.
3. Notify Operations Support Superintendent imme.'® ely of bulky items or
hazardous materials in designated bins and ar mediately surrounding
designated bins on beach.
4. Clean interior and exterior of bins on bea
5. Remove/repair designated bins on
B-1
within 24 ho
rly scheduled basis.
notice.
4
B-2
B-3
EXHIBIT B: TOTAL ANNUAL COST FORM
Annual Cost
Area
Total Cost Total Cost
Summer (14 weeks) Non -summer (38 weeks)
Area #1 (42 bins)
Area #2 (31 bins)
Area #3 (20 bins)
Area #4 (15 bins)
Area #5 (23 bins)
Area #6 (37 bins)
Total Annual C
Pilot Phase Cost
Area
Area #6 (37 bins)
Total Pilot Cost
Total 12-week Pilot Phase Cost (60 bins) $
B-1
EXHIBIT C: UNIT PRICE FORM
Unit Price Form
The Contractor agrees that for requested and/or required changes in the scope of work,
including additions and deletions on work not performed, the Contract Sum shall be
adjusted in accordance with the following unit prices, where the City elects to use this
method in determining costs.
Contractor is advised that the unit prices will enter into the determination of the contract
award. Unreasonable prices may result in rejection of the '6 ire bid proposal. Unit
prices listed below refer to all items installed and the truction Documents and
include all costs connected with such items; including bu# ' mited to, materials, labor,
overhead, and profit for the contractor.
The unit prices quoted by the Contractor shall bef 6%e unit price t will be charged
or credited for labor and materials to be prov.,de� regardless of the Inumber units
and/or amount of labor required for added orrhleted items of work
Ci i
All work shall be performed in accordance with`'st ecific d?4t described in the RFP.
\ 4KHp....G��
WORK DESCRIPTION
r ,.�it
Price
Trash Bin (per collet ga N,
D-1
EXHIBIT D: REQUEST FOR PROPOSAL
D-1
Addendum
Request for Proposal
BEACH BIN TRASH COLLECTION SERVICE
Additional Information in Response to Questions
• Use of Existing Metal Beach Bins
o Contractor may propose the use of the existing City -owned metal beach bins
at no cost for up to one (1) year. Contractor will be solely responsible for the
maintenance and repair of the metal beach bins during that time.
Equipment Failure Response Plan
o Proposal must include a plan that details the Contractor's proposed response
to equipment failure while on the beach.
Attendee List
Athens Services
CR&R
Haul Away Rubbish Service Co., Inc.
Key Disposal
Rainbow Disposal
Roberts Waste & Recycling
United Pacific Waste & Recycling Services
Universal Waste Systems
Ware Disposal
Waste Management
November 12, 2010
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
RFP at a fair and reasonable cost to the City. The City also reserves the right to
select and substitute unit prices for total costs.
E. Proposal Evaluation Criteria
Proposals will be evaluated by an evaluation committee on the basis of the
response to all provisions of this RFP. Equal weight will be given to the individual
sections listed below. A final score will be calculated for each submitted proposal
and used to rank the proposers to determine the most qualified responsible
proposer at a fair and reasonable cost to the City.
1. Background and Experience
2. Technical Expertise
3. Management Plan
4. Cost Estimate
F. Compliance with Applicable Laws
All Contract Services rendered hereunder by Contractor shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency having jurisdiction in
effect at the time service is rendered.
The Contractor shall have in his/her possession and be familiar with all safety
regulations issued by the State Division of Industrial Safety and shall comply with
these and all other applicable laws, ordinances, and regulations governing
Affirmative Action programs.
The Contractor shall provide all safeguards and protective devices and take any
other action necessary to protect the health and safety of their employees on the
job, safety of City employees and the public in connection with the performance of
the work required by this contract.
Nothing in this RFP shall be construed to relieve the Contractor from compliance
with all applicable laws whether municipal, county, state or federal.
G. Suspension and/or Cancellation of Contract
The Agreement includes a twelve (12) week pilot phase in order to evaluate
Contractor performance. Thirty (30) days prior to the conclusion of the pilot phase
the City shall make a determination on the continuance of the agreement and
notify the Contractor.
In the event Contractor fails or refuses to timely perform any of the provisions of
the Agreement in the manner required or if Contractor violates any provisions of
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the 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 the Agreement or authorized by law, terminate this Agreement by
giving written notice of termination.
The agreement may be terminated without cause by City upon thirty (30) days
written notice. Upon termination, City shall pay to Contractor that portion of
compensation specified in the Agreement that is earned and unpaid prior to the
effective date of termination. The Contractor may only terminate the Agreement in
the event of nonpayment by the City. In the event of nonpayment of undisputed
sums by the City, Contractor shall give the City thirty (30) days written notice
thereof and the City shall have fifteen (15) working days to cure the alleged
breach.
In addition to, or in lieu of, remedies provided in the 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's Administrator, the level of
maintenance falls below appropriate hardscape maintenance standards and/or
Contractor fails to satisfactorily perform Contract Services. City shall have the right
to retain funds withheld until the City's Administrator determines that Contract
Services are performed as well and as frequently as required by the Agreement.
H. Examination of Site and Work
City makes no representation regarding the order or condition of any area or
location for which Contractor is to provide services. City has also made no
representation that the site or location of Work will be free from defects, apparent
or hidden, at the commencement of, or at any time during the term of the
Agreement.
I. Assignment of Contract
The Contractor shall not assign this contract without the written consent of the
City.
J. Workmanship and Supervision
1. The Contractor shall provide staff and equipment sufficient to complete the
work as specified herein. All workers are to be legally documented. The
City may request these records.
2. Work shall be performed by competent and experienced staff. All
employees must have the appropriate certification for the type of
equipment they are operating, if applicable.
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3. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications. Supervisors and foremen must communicate
effectively, both in written and oral English, and shall be present at
all times during contract operations. Any order given to these
supervisors or foremen shall be deemed as delivered to the Contractor.
4. All personnel working at the outlined areas shall be neat in appearance
and in uniforms as approved by the Operations Support Superintendent.
All personnel shall wear identification badges or patches.
5. Persons employed by the Contractor who are found not to be satisfactory
by the City shall be discharged or reassigned by the Contractor.
K. Equipment
All vehicles and equipment used in conjunction with the work shall be maintained
in a neat, clean, and orderly manner and shall be in good working order. The
Municipal Operations Director, or his authorized agent, may reject any vehicle or
piece of equipment and order it removed from the service area(s). Vehicles and
equipment must meet all current federal, State, and AQMD regulations. Contractor
vehicles used within this contract shall, at all times, bear identification signs that
the contractor is performing services for the City. The Operations Support
Superintendent shall approve these signs prior to installation by the contractor.
1. The Contractor shall provide and maintain at least two 4-wheel or 6-wheel
drive vehicles capable of operating in soft sand.
2. The Contractor shall provide and maintain containers that meet or exceed
the following specifications:
a. 150 gallon capacity at each of the existing 168 sites
b. Watertight metal or plastic construction (lid optional)
Compliance with AQMD Rule 1193 and the exclusive use of alternative -fuel
vehicles will be required for the duration of the agreement.
L. Safety Requirement
1. All work performed under this contract shall be performed in such a
manner as to provide maximum safety to the public and where applicable,
comply with all safety standards required by CAL -OSHA. The Operations
Support Superintendent reserves the right to issue restraint or cease and
desist orders to the Contractor when unsafe or harmful acts are observed
or reported relative to the performance of the work under this contract.
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2. The Contractor shall maintain all service areas free of hazards to persons
and/or property resulting from his/her operations. Any hazardous condition
noted by the Contractor, which is not a result of his/her operations, shall
be immediately reported to the Operations Support Superintendent.
M. Claims by Contractor's Employees
1. The Contractor shall hold harmless the City and all of its agents,
employees, and officers from any and all damages or claims, of any kind
or nature that may be made or may arise directly or indirectly for the
performance of duties by the Contractor.
2. Contractor shall not permit access into any City of Newport Beach or other
private structures by any unauthorized persons.
N. Liability for Damages
1. The contractor shall be fully responsible for any and all damage done to
City property, equipment, or other property of the public premises that
result from the Contractor's operations under this contract.
2. The Contractor may insure the equipment, materials, and work to cover
Contractor's interest in the same. The City will not, under any
circumstances, be answerable or accountable for any loss or damage that
may happen to said equipment, materials and work, or any part or parts
thereof, used and employed in fully completing the contract.
3. Contractor shall indemnify and hold harmless the City, its City Council,
boards, commissions, officers, agents, servants and employees from and
against any and all claims and losses whatsoever, including reasonable
attorney's fees, accruing or resulting to any and all persons, firms or
corporations furnishing or supplying work, services, materials, equipment
or supplies in connection with the services, work or activities conducted or
performed by Contractor pursuant to a mutual contract.
O. Advertising
No advertising of any kind or description, bill posters, printed, painted, or by the
use of any other method application legible to human sight, shall appear on any
equipment, buildings, structures, fences, canopies, posts, or signs except valid
and authorized legal notices required to be placed thereon and except as may he
specifically authorized in these general conditions.
II. PROPOSAL FORMAT AND CONTENT
Proposals should be typed and as brief as possible. They should not include any
elaborate or unnecessary promotional material. The following order and content of
proposal sections should be adhered to by each Contractor:
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A. Cover Letter
A cover letter not to exceed three (3) pages in length should summarize key
elements of the proposal. The letter must be signed by an individual authorized to
bind the Contractor to the terms and conditions of a contract. The letter must
stipulate that the proposed pricing will be valid for a period of a minimum of five (5)
years, indicate the address and telephone number of the Contractor's office
located nearest to Newport Beach, California, and the office from which the
contract will be managed.
B. Background and Approach
The Background and Approach Section should describe the proposing firms
understanding of the City and the work to be done.
C. Methodology
This section should clearly describe the methodology to be used to carry out the
specific work tasks described in the Work Plan, including descriptions of the
type(s), age, and condition of equipment to be utilized in the City.
D. Work Plan
Describe the sequential work tasks you plan to carry out in accomplishing this
contract. Indicate all key deliverables and their contents.
E. Contract Organization and Staffing
Describe your approach and methods for managing the contract. Provide an
organization chart showing all proposed contract team members. Describe the
responsibilities of each person on the contract team. Identify the Contract Director
and/or Manager and the person who will be the key contact with the City of
Newport Beach. Include a statement indicating the availability of the members of
the contract team for the duration of the contract. Please include a brief statement
of qualifications for key members of the contract team with particular emphasis on
their experience, technical expertise, and professional affiliation. Also include any
additional information or staff support that will be required from City personnel. In
addition, please provide a current copy of the operating procedures, employee
manual, or equivalent document.
F. Related Experience
Describe recent, directly related public agency experience. Include on each listing --
the name of the agency; description of the work done; primary agency contact,
address and telephone number; dates for the contract; amount of the contract;
name of the Contract Director and/or Manager and members of the proposed
contract team who worked on the contract, as well as their respective
responsibilities. At least three references should be included. For each reference,
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indicate the reference's name, organization affiliation, title, complete mailing
address, and telephone number. The City of Newport Beach reserves the right to
contact any of the organizations or individuals listed.
G. Contract Schedule
Provide a schedule for beach bin trash collection service each of the contract
areas, based upon the attached map (Attachment C).
H. Cost Data
Provide the total annual cost and total Pilot Phase cost details using the Total Cost
Form (Attachment D) for which you will conduct the contract based upon the
information provided, as well as the Unit Price Form (Attachment E).
I. Statement of Compliance
Contractors must submit a Statement of Compliance (Attachment F) that declares
either:
1. This proposal is in strict compliance with the Request for Proposal and
Draft Agreement and no exceptions to either are proposed; or
2. This proposal is in strict compliance with the Request for Proposal and
Draft Agreement except for the items listed.
For each exception and/or suggested change, the Contractor must
include:
a. The suggested change in the RFP or rewording of the contractual
obligations.
b. Reasons for submitting the proposed exception or change.
c. Any impact the change or exception may have on contract costs,
scheduling, or other considerations.
J. Other Information
Include any other information you consider to be relevant to the proposal.
Additional optional services may be included at the discretion of the Contractor.
K. Employment Provision
Contractor agrees that in carrying out its responsibilities under this agreement, and
in particular with regard to the employment of persons and sub -contractors
working on the contract, it will not discriminate on the basis of race, color, creed,
national origin, religion, sex, age, or handicap. In the event any of the work
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performed by Contractor here under is subcontracted to another person or firm
(with approval of the City as required herein), sub -contract shall contain a similar
provision.
L. Insurance Coverage
On or before the commencement of the term of this Agreement, Contractor shall
furnish the City with proof of insurance showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 1, 2, and 3 below. Such certificates, which do not
limit the Contractor's indemnification, shall also contain substantially the following:
"Should any of the above insurance covered by this certificate be canceled
or coverage reduced before the expiration date thereof, the insurer
afforded coverage shall provide thirty (30) days advance notice to the City
of Newport Beach by certified mail."
1. General Liability Coverage: $2,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. Coverage shall include
third party liability risks, including without limitation, contractual liability. The
aggregate limit shall not be less than twice the required occurrence limit.
2. Worker's Compensation Coverage: Statutory coverage as required by the
State of California and not less than $1,000,000.
3. Automobile Liability Coverage: $2,000,000 combined single limit per accident
for bodily injury and property damage.
4. Pollution Liability Coverage: $1,000,000 per occurrence and annual
aggregate covering claims for on -site, under -site, or off -site bodily injury and
property damage and regulatory fines as a result of pollution conditions
arising out of its operations under this Agreement.
Please refer to Section 8 (Insurance) of Draft Agreement (Attachment G) for
further insurance requirements.
M. Guarantees
Unless otherwise specified, the Contractor shall guarantee that the work
performed under the Contract will be performed to the highest standards specified
in the RFP and remain as such for the term of the contract. Whenever, in these
specifications, written guarantees are requested, or specified, the Contractor shall
guarantee the products therein described for the time specified and no further
guarantee shall be required.
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ATTACHMENT B: DESCRIPTION OF PROJECT
I. SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perform maintenance
as described herein including, but not limited to, the following:
1. Furnish bins according to City -approved specification.
2. Collect refuse from designated bins and the area immediately surrounding
designated bins on beach on a regularly scheduled basis.
3. Notify Operations Support Superintendent immediately of bulky items or
hazardous materials in designated bins and area immediately surrounding
designated bins on beach.
4. Clean interior and exterior of designated bins on beach on a regularly
scheduled basis.
5. Remove/repair designated bins on beach within 24 hours of notice.
II. DEFINITIONS
a. Holiday — all days observed by the City as holidays including: New Year's
Day, Presidents' Day, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving (including the following Friday), Christmas
Eve & Christmas Day, New Year's Eve. The Contractor will be required
to perform on a modified schedule on Memorial Day, Independence
Day, and Labor Day holidays.
b. Inclement Weather — weather conditions that prohibit
operation of collection operations.
c. Debris — litter, rubbish, leaves, sand, dirt, garbage, and
material.
d. Re -collection — collection required when previous collection
the City to be below standard or when an area or sections
missed during regularly scheduled operation.
III. WORKING HOURS
the effective
other foreign
is deemed by
of a area are
Normal working hours shall be within an eight -hour day between the hours of 5:00
AM and 1:00 PM during the Summer Schedule and between the hours of 7:00 AM
and 2:00 PM during the Non -Summer Schedule.
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IV. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest refuse collection
standards.
Standards, equipment, schedules, and frequencies may be modified (increased or
decreased) from time to time as deemed necessary by the City for the proper
collection of the bins.
The Contractor is required to correct deficiencies within the time specified by the
City. Re -collection of the deficient area will not be billed to the City. If noted
deficient work has not been completed, payment for subject deficiency shall be
withheld for current billing period and shall continue to be withheld until deficiency
is corrected, without right to retroactive payments.
If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the
Contractor until services are rendered in accordance with specifications set
forth within this document and providing no other arrangements have been
made between the Contractor and the City. Failure to notify of a change
and/or failure to perform an item or work on a scheduled day may result in
deduction of payment for that date or week. Payment will be retained for
work not performed until such time as the work is performed to City
standard.
V. TERM OF CONTRACT
Unless earlier terminated as allowed for in the Agreement, contract term shall be
for a period of ten (10) years. The term is intended to commence in January 2011,
after City Council approval of the award of this contract, and upon receipt and
approval of all required bonds and insurance.
Prior to the conclusion of the twelve (12) week pilot phase the performance of the
Contractor will be evaluated in order to determine the continuance of the
agreement.
Time is of the essence in the performance of services under this Agreement.
VI. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Newport Beach Municipal
Operations Department. There shall be a minimum of one monthly meeting with
the Contractor and the City representative to determine progress and to establish
areas needing attention. A status report of activities performed and maintenance
issues addressed by the Contractor will be submitted in writing to the City on a
weekly basis.
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Any specific problem area which does not meet the conditions of the specifications
set forth herein shall be called to the attention of the Contractor and if not
corrected, payment to the Contractor will not be made until condition is corrected
in a satisfactory manner as set forth in the specifications.
VII. SPECIFICATIONS
This Description of Project is intended to cover all labor, material and standards of
workmanship to be employed in the work called for in this work plan or reasonably
implied by terms of same. Work or materials of a minor nature which may not be
specifically mentioned, but which may be reasonably assumed as necessary for
the completion of this work, shall be performed by the Contractor as if described in
the specifications.
VIII. CORRESPONDENCE
All correspondence regarding this RFP shall be addressed to Jim Auger,
Operations Support Superintendent, Municipal Operations Department, City of
Newport Beach, P.O. Box 1768, Newport Beach, 92658.
IX. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered extra works unless a separate
estimate is given for said work and the estimate is approved by the City in writing
before the work is commenced. The Contractor will be required to provide before
and after photographs of safety items or emergency repairs. Documentation of
contract compliance may be required on some occasions.
X. DISPOSAL
Disposal at the City Corporation Yard will not be permitted. The contractor shall be
responsible for the cost of disposal at a certified materials recycling facility (MRF).
XI. RECORDS AND SCHEDULE
The contractor shall keep accurate records concerning all of his/her employees or
agents and provide the City with names and telephone numbers of emergency
contact employees.
The contractor shall complete a monthly collection report indicating work
performed and submit this completed report to the Operations Support
Superintendent. This report should also contain a description of work performed,
including staff -hours, equipment, and any additional work, which the contractor
deems to be beyond the scope of the contract. Payment for this work will not be
authorized unless the additional work and the costs thereof are first approved by
the City. A communication log will be submitted monthly of all calls and
messages from the City of Newport Beach Municipal Operations Department
and the City of Newport Beach Police Department to the Contractor, whether
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or not those communications require a request for service, and a description
of the action taken from the City communication.
The Contractor shall, seven (7) days prior to the effective date of an executed
agreement, prepare and submit a trash collection schedule to the Operations
Support Superintendent. This schedule shall clearly identify the collection tasks
required by this agreement and days they are scheduled to be performed in each
particular area. If it is necessary to make periodic revisions to this collection
schedule, a modified schedule must be submitted to the Operations Support
Superintendent for approval prior to the date the changes are to take effect.
Otherwise, it is intended that the Contractor will develop a permanent schedule,
which will allow the City to monitor the Contractor's progress.
The Contractor shall permit the City to inspect and audit its records regarding City -
provided services at any reasonable time.
XII. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of
the job site and provide the office with phone service during normal working hours.
During all other times, a telephone or electronic message answering service shall
be utilized and the answering service shall be capable of contacting the Contractor
by radio, telephone, or electronic messaging device. There will be no on -site
storage of equipment or materials. Contractor will have full responsibility for
maintaining an office and a yard.
XIII. SCHEDULES
A. Pilot Phase Schedule
1. The Contractor shall provide a Pilot Phase schedule indicating the time frames
when items of work shall be accomplished per the performance requirements.
2. The Contractor shall adhere to the schedule for each functional area in a
manner which shall correspond to the weekly schedule.
3. The Pilot Phase schedule shall be agreed to by the Contractor seven (7) days
prior to the effective date of the extension of the contract.
4. The Contractor shall submit revised schedules when actual performance differs
substantially from planned performance.
B. Annual Schedule
1. The Contractor shall provide an annual schedule indicating the time frames
when items of work shall be accomplished per the performance requirements.
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2. The Contractor shall adhere to the schedule for each functional area in a
manner which shall correspond to the weekly schedule.
3. The annual schedule shall be agreed to by the Contractor seven (7) days prior
to the effective date of the continuance of the contract.
4. The Contractor shall submit revised schedules when actual performance differs
substantially from planned performance.
C. Monthly Schedule
1. Monthly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by day
of the week and by approximate time range.
2. The Contractor shall complete the schedule for each item of work and each
area of work.
3. The initial schedule shall be submitted seven (7) days prior to the effective date
of the continuance of the contract. Thereafter, it shall be submitted monthly on
the first Monday of the month for City approval, prior to scheduling work for the
upcoming month.
4. Changes to the schedule shall be received by the Operations Support
Superintendent at least twenty-four (24) hours prior to the scheduled time for
the work.
5. Failure to notify of a change and/or failure to perform an item of work on a
scheduled day may result in deduction of payment for that date or week.
D. Summer Schedule
1. The Contractor shall service bins Monday, Wednesday, Friday, Saturday, and
Sunday beginning the Sunday preceding Memorial Day through the Sunday
preceding Labor Day.
E. Non -summer Schedule
1. The Contractor shall service bins Monday and Friday beginning the day
following Labor Day through the Friday preceding Memorial Day.
Performance on Schedule
The Contractor shall be provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor shall also be provided the opportunity and procedure for adjusting
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those schedules to meet special circumstances. Therefore, all work shall be
completed on the clay scheduled.
XIV. Performance During Inclement Weather
1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his/her workforce in order to accomplish those activities
that are not affected by weather.
2. Failure to adjust the work force to show good progress on the work shall result
in deduction of payments to reflect only the work actually accomplished.
3. The Contractor shall immediately notify the Operations Support Superintendent
when the workforce has been removed from the job site due to inclement
weather or other reasons.
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
ATTACHMENT C: DETAILED MAPS
Detailed maps below and also available on-line:
http://www6. city. n ewportbeach ca. gov/website/l ntera ctiveM ap/map. asp
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[i
Bach Bln Scaeeareas
MMchNPLYeanad (RANI 1 BS blas)
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ATTACHMENT D: TOTAL COST FORM
Annual Cost
Area
Total Cost Total Cost
Summer (14 weeks) Non -summer (38 weeks)
Area #1 (42 bins)
Area #2 (31 bins)
Area #3 (20 bins)
Area #4 (15 bins)
Area #5 (23 bins)
Area #6 (37 bins)
Total Annual Cost(168 bins)
12-week Pilot Phase Cost
Area
Total Pilot Cost
Area #5 (23 bins)
Area #6 (37 bins)
Total 12-week Pilot Phase Cost (60 bins)
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ATTACHMENT E: UNIT PRICE FORM
The Contractor agrees that for requested and/or required changes in the scope of work,
including additions or deletions on work not performed, the total annual contract amount
shall be adjusted in accordance with the following unit prices, where the City elects to
use this method in determining costs.
Contractor is advised that the unit prices will factor into the determination of the contract
award. Unreasonable prices may result in rejection of the entire bid proposal. Unit
prices listed below refer to all services provided and include all costs connected with
such items; including but not limited to, materials, labor, disposal, overhead, and profit
for the Contractor.
The unit prices quoted by the Contractor shall be those unit prices that will be charged
or credited for labor and materials to be provided regardless of the total number units
and/or amount of labor required for added or deleted items of work.
All work shall be performed in accordance with specifications described in the RFP.
WORK DESCRIPTION
Unit Price
Trash Bin (per collection)
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ATTACHMENT F: STATEMENT OF COMPLIANCE
Each proposal must be accompanied by a signed Statement of Compliance. The
Contractor must sign one of the declarations stated below indicating that the proposal
was submitted with or without exceptions to the RFP, the Scope of Work, or Draft
Agreement.
A. No Exceptions
The person signing below declares that the proposal submitted by (Name of
Firm) to perform Beach Bin Trash
Collection Service as described in the RFP dated September 2010 was
prepared in strict compliance with the instructions, conditions, and terms of
the RFP, the Scope of Work, and Draft Agreement.
Signature Date
Printed Name and Title
Please sign only one of the declarations
B. With Exceptions
By signing below, the Contractor states that the proposal submitted by (Name
of Firm) has been prepared in
consideration of and with exception to some of the terms of the RFP, Scope
of Work, and Draft Agreement. The Contractor is advised that exceptions
and/or a suggested change to any of the terms of the RFP, the Scope of
Work, or Draft Agreement must be submitted in writing as an attachment to
the proposal submittal. By signing below, the Contractor declares that the
proposal includes a statement that identifies each item to which the
Contractor is taking exception or is recommending change, includes the
suggested rewording of the contractual obligations or suggested change in
the RFP, identifies the reasons for submitting the proposed exception or
change, as well as, any impact the change or exception may have on contract
costs, scheduling, or other considerations. The City reserves the right to
reject any declarations that are not accompanied with the required
documentation as described above.
Signature Date
Printed Name and Title
F-1
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
ATTACHMENT G: DRAFT AGREEMENT
G-1
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 6/27/18 Dept./Contact Received From: Joan
Date Completed: 6/27/18 Sent to: Joan By: Jan
Company/Person required to have certificate: Republic Services, Inc.
Type of contract: All other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/30/18 — 6/30/19
A. INSURANCE COMPANY: ACE American Insurance Company
B. AM BEST RATING (A- : VII or greater): A++ / XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided? $5,000,000/$5,000,000
E. ADDITIONAL INSURED ENDORSEMENT — please attach Z Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation) ® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers) ® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included? ® Yes ❑ No
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included? ® Yes ❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording? ❑ Yes ® No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY): Z N/A ❑ Yes ❑ No
L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/30/18 — 6/30/19
A. INSURANCE COMPANY: ACE American Insurance Company
B. AM BEST RATING (A- : VII or greater) A++/ XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $5,000,000
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): ❑ N/A ❑ Yes Z No
G. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 6/30/18 - 6/30/19
A. INSURANCE COMPANY: ACE American Insurance Company
B. AM BEST RATING (A- : VII or greater): A++ / XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
✓ POLLUTION LIABILITY
✓ BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO. WHICH ITEMS NEED TO BE COMPLETED?
® Yes ❑ No
® Yes ❑ No
$3,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑Yes No
® Yes ❑ No
Approv
6/27/18
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.