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HomeMy WebLinkAbout13 - Ware Disposal for Refuse Removal ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 October 14, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 -644 -3055 mharmon @city.newport- beach.ca.us SUBJECT: Professional Service Agreement With Ware Disposal, Inc. For City Facilities Refuse Removal Services ISSUES: Should the City execute a Professional Services Agreement with Ware Disposal, Inc. of Santa Ana, CA for City Facilities Refuse Removal services? RECOMMENDATION: 1. Approve the agreement with Ware Disposal, Inc. for City Facilities Refuse Removal services on a regularly scheduled basis. DISCUSSION: Currently the City has an agreement with CR &R for $44,544.66 per year to remove commercial refuse at 18 locations at least once per week and, at selected locations on a more frequent basis, up to seven days per week. The locations serviced include: Balboa Yacht Basin, Central Library, City Hall, Fire Stations, Lincoln Elementary, Marina Park, Newport Coast Community Center, Oasis Senior Center, Oil Tank Farm, Police Station, Utilities Yard, and Washington Street businesses. Each operating department funds the collection at their own facilities, with the General Services Department funding collection at City Hall and the Washington Street businesses. On August 27th, a Request for Proposal was mailed to the list of franchised haulers on file with the General Services Department. Seven vendors from Orange and Los Angeles counties submitted proposals by the September 17th deadline. Based on missing information the Green Environmental Waste & Recycling proposal was deemed non- responsive. A summary of the proposed prices is attached, with the lowest proposed price furnished by Ware Disposal, Inc. at an annual cost of $31,950.00. Agreement with Ware Disposal, Inc. for City Facilities Refuse Removal Services October 14, 2008 Page 2 Ware Disposal, Inc. has proposed a plan to process the material through the combined use of sorting at the Madison Materials solid waste facility and dumping of putrescible waste directly at the County of Orange Bowerman Landfill. Ware has also proposed to supply source - separated recycling bins at various locations. Staff will be coordinating this recycling effort on a per -site basis after the agreement is executed. Ware Disposal, Inc. has also made a commitment to utilizing CNG vehicles for the duration of the contract, which would likely be refueled at the forthcoming City Corporation Yard CNG station. Over the next year the Ware Disposal, Inc. fleet will be an average of approximately 2 years -old and consist of a total of 32 CNG vehicles. Therefore, an agreement with Ware Disposal, Inc. is submitted for Council approval. The term of the agreement is for four (4) years and shall be extended for two (2) additional one (1) year terms upon agreement of both parties, This agreement includes an annual rate adjustment based in proportion to changes in the Consumer Price Index to a maximum of 4.0% after each 12 month period. With the rate adjustment taken into consideration, Ware Disposal, Inc. represents the best value for the City's City Facilities Refuse Removal service needs, representing an annual savings of $12,594.66 compared to the current service at the original proposed 18 locations. FUNDING: There are adequate funds in various department budgets to fund these services this fiscal year, and funds for these services will continue to be budgeted in subsequent fiscal years. Individual departments and agencies will be invoiced on a monthly basis. ENVIRONMENTAL REVIEW: This action requires no environmental review, as it is not a project pursuant to CEQA. LEGAL REVIEW: The City Attorney's Office has reviewed this report and the attachgd agreement. Prepared by:/ Submitted by� Maur ce Turrier Mark Hirmon Administrative Analyst General Services Director Attachments: (1) Summary of City Facilities Refuse Removal Proposals (2) Professional Services Agreement with Ware Disposal, Inc. for City Facilities Refuse Removal Services Agreement with Ware Disposal, Inc. for City Facilities Refuse Removal Services October 14, 2008 Page 3 ATTACHMENT 1 Summary of City Facilities Refuse Removal Proposals f+ AIM Current $44,544.66 $1Z594.66 Ware Disposal, Inc. $31,950.00 $0.00 CR &R $48,538.88 $16,588.88 Robert's Waste & Recycling, Inc. $49,218.00 $17,268.00 Key Disposal, Inc. $54,847.76 $22,897.76 Rainbow Disposal $88,751.05 $56,801.05 Waste Management $118,494.82 $86,544.82 $120,000 $100.000 $80,000 $60.000 $40,000 $20,000 $0 O` 9 e CJF `\`�. a�• �y �0� i I ; i I i I � I 1 i i I • i i i i O` 9 e CJF `\`�. a�• �y �0� Agreement with Ware Disposal, Inc. for City Facilities Refuse Removal Services October 14, 2008 Page 4 ATTACHMENT 2 Professional Services Agreement with Ware Disposal, Inc. for City Facilities Refuse Removal Services CITY OF NEWPORT BEACH City Facilities Refuse Removal CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this 14th day of October of 2008, by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"), and, Ware Disposal, Inc, a Corporation located at 1035 East Fourth St, Santa Ana, CA 92701 ( "Contractor"), is made with reference to the following Recitals: RECITALS WHEREAS, the City desires to obtain contract services for the collection of commercial refuse from eighteen (18) city facilities; WHEREAS, on August 27, 2008 a Request for Proposals (RFP) requesting proposals for the collection of commercial refuse from various city facilities was mailed to franchised haulers; WHEREAS, ( "Contractor") submitted the lowest bid among the firms which responded to the RFP; WHEREAS, the Contractor desires to enter into an Agreement to provide services to the City and acknowledges that the City has relied upon its representations 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 Unless earlier terminated in accordance with Section 20 of this Agreement, the Term of this Agreement shall be for a period of four (4) years. The term shall commence on November 1, 2008, after City Council approval of this Agreement, and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for two (2) additional one (1) year terms (automatic extensions) with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the 1 conclusion of the initial term or any extension. 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 ") as described in the RFP and the Contractor's proposal. The Contract Services shall be performed at least as frequently as specified in the RFP and Contractor's proposal. City shall have the right to alter frequency of refuse collection as necessary to ensure highest industry standards. 3. WORKMANSHIP. SUPERVISION, AND EQUIPMENT A. All work shall be performed in accordance to the highest industry standards of refuse collection. B. The Contractor shall provide a work force sufficient to perform the Contract Services and all members of the work force shall be legally documented. C. All Contract Services shall be performed by competent and experienced employees. 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. D. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications by directly overseeing the contract operations. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. E. All Contractor personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Director when performing Contract Services. All Contractor personnel shall wear identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. F. All vehicles and equipment used in conjunction with the work shall be in good working order and have appropriate safety guards. All vehicles shall bear the identification of the Contractor. G. Contractor shall provide a Manager to coordinate work with the City Administrator and ensure satisfactory performance of Contract Services. The manager shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 2 4. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of $31,950.00 a year for all work and services to be performed under this Agreement on an annual basis as provided herein and in Exhibit A ( "Contract Amount "). City shall pay Contractor the unit prices set forth in Exhibit A, which is attached hereto and incorporated herein by this reference, for all work and services to be performed under this Agreement that are in addition to the annual services and which are approved by the City in writing prior to the performance of the work. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. A. Contractor shall submit separate monthly invoices by facility to the City describing the work performed the preceding month. Contractor's bills shall include the total number, the location, and the date of all bins serviced. The City shall pay Contractor based on the percentage of the total work completed. For unit priced work approved by the City in writing that is in addition to the annual work, the City shall pay Contractor based on the Unit Prices contained in Exhibit A. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. B. Contractor shall not receive any compensation for unit priced work or other work performed without the prior written authorization of City. Compensation for any authorized unit priced work shall be paid in accordance with the rates set forth in Exhibit A. C. Upon the first anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the Contract Amount to be paid by the City as set forth above and in Exhibit A and the unit prices set forth in Exhibit B, shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 4.0% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original amounts 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 June 1, 2008, the index to be used for the numerator is the index for the month of March 2008, and the index to be used for the denominator is March 2007. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (Ali 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 including in such new index. In no event, however, shall the amount payable under 3 this Agreement be reduced below the Contract Amount in effect immediately preceding such adjustment. No adjustment shall be made on the first anniversary of the Commencement Date. The maximum increase to the Contract Amount, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 4.0% of the Contract Amount in effect immediately preceding such adjustment. S. CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 6. 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 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 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 a applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. & 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California; however, in no event shall the Employer's Liability Insurance be less than one million dollars ($1,000,000) per occurrence. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 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 ($2,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability, employer's liability and automobile liability insurance policy shall be endorsed with the following speck language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insureds as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 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 G 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. B. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. D. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the City Administrator within 10 days after the end of each month. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service and a description of the action taken from the City call. E. Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the 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 General Services Department. The General Services Director or his /her designees shall be considered 7 the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall furnish to Contractor maps, ordinances, data, and other existing information as may be requested by Contractor necessary for Contractor to complete the work contemplated by this Agreement. City also agrees to provide all such materials in a timely manner. 12. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional services as requested by the Administrator. Additional services, may be billed in accordance with the unit cost proposed by the Contractor Exhibit A. B. Contractor shall perform additional /emergency services as requested by the Administrator. Contractor must obtain written authorization from the City Administrator prior to the performance of any additional /emergency services. Additional services, may be billed in accordance with the per unit cost proposed by the Contractor in Exhibit A. C. 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 services, compensation to Contractor shall be reduced in accordance with the Contractor's unit costs specified in Exhibit B. In the event the location is withdrawn for a period of less than a full four (4) 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 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 City 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. 2 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, Contractor, employee or applicant for employment based on race, religion, color, sex, handicap, national origin, or other basis that violates the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project 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: 6 General Services Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 -8915 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Ware Disposal, Inc. 1035 East Fourth St, Santa Ana, CA 92701 20. TERMINATION /DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. B. 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. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate cleaning standards and /or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City Administrator determines that contract services are performed as well and as frequently as required by this Agreement. 21I.COMPLIANCE 10 Contractor represents that it is familiar, and shall comply, with all state, federal, or local laws, rules, ordinance, statutes or regulations applicable to the performance of Contract Services. 22. 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. 23. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties concerning the services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 24. 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. 25. 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. 26. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 27. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28. CONFLICTS OR INCONSISTENCIES 11 In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29. BONDING Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Faithful Performance Bond in the amount of fifty percent (50 %) of the total amount. The Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. The Contractor shall deliver, concurrently with execution of this Agreement, the Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp, Asst. City Attorney for the City of Newport Beach ATTEST: 0 LaVonne Harkless, City Clerk Exhibit A — Contract Amount & Unit Price Exhibit B — Performance Bond 13 CITY OF NEWPORT BEACH, A Municipal Corporation By: Edward Selich, Mayor for the City of Newport Beach CONSULTANT: M (Corporate Officer) Title: Print Name: M (Financial Officer) Print Name: Location Balboa Yacht Basin Central Library City Hall Fire Station #2 Fire Station #3 Fire Station #5 Fire Station #6 Fire Station #7 Fire Station #8 Lawn Bowling Center Lincoln Elementary Marina Park Community Center Oasis Senior Center Oil Tank Farm Police Station Utilities Yard Washington St (37 weeks) Washington St (15 weeks) Total Annual Cost Exhibit A Contract Amount & Unit Price # of Bin Size Bins 829 Harbor Island Or 7 3 -yd 1000 Avocado Ave 2 3 -yd 3300 Newport Blvd 1 3 -yd 475 32nd St 1 3 -yd 868 Santa Barbara 1 3 -yd 410 Marigold Ave 1 3 -yd 1348 Irvine Ave 1 3 -yd 20401 Acacia St 1 3 -yd 6502 Ridge Park Rd 1 3 -yd 1550 Crown Or 1 3 -yd 3101 Pacific View 1 3 -yd 1770 W Balboa Blvd 10 3-yd 6401 San Joaquin Hills Rd 1 3 -yd 800 Marguerite Ave 1 3 -yd 5900 W Coast Highway 1 3 -yd 870 Santa Barbara 1 3 -yd 949 W 16th St 3 3-yd 210 Washington St 6 4 -yd 210 Washington St 6 4 -yd (52 weeks) Weekly Frequency & Days 3x TBD 3x TBD 5x M -F 2x TBD 2x TBD lx TBD 1x TBD 2x TBD 1x TBD 1x TBD 1x TBD 1x TBD 2x TBD 3x TBD 1x TBD 6x MSa 1x TBD 6x MSa 7x MSu Weekly Cost $106.00 $30.00 $25.00 $15.00 $10.00 $6.00 $6.00 $12.00 $5.00 $5.00 $5.00 $50.00 $10.00 $5.00 $30.00 $15.00 $15.00 $250.00 $300.00 $31, Unit prices shall be negotiated on a per - location basis as additions or reductions in service are deemed necessary. 14