HomeMy WebLinkAbout16 - Beach Refuse CollectionCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
January 11, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Director
949 - 644 -3055 mharmon @newportbeachca.gov
SUBJECT: Contractor Agreement With Rainbow Disposal To Provide
Refuse Collection Service At City Beaches
ISSUE:
City Council should consider an agreement with Rainbow Disposal to provide
collection of beach refuse containers on City beaches.
Staff recommends that the City Council approve the ten year agreement with
Rainbow Disposal for the collection of beach refuse containers at a cost of
$127,441 per year.
DISCUSSION:
City staff from the Operations Support Division currently collects trash from 168
bins located on ocean front beaches from the Santa Ana River Jetty to the
Corona Del Mar State Beach on a regular basis, two to five times per week,
depending on the season. This operation is critical to ensuring the cleanliness of
City beaches that attract residents and visitors in large numbers, especially
during the summer months. The specialized diesel trucks used to drive onto the
sand in order to empty the bins have far exceeded their useful life and will require
additional equipment in order to be AQMD- compliant. Last year, one of the
trucks, a 1981 model, was permanently removed from service and the other,
purchased in 1989, was unavailable for several weeks due to needing a
replacement part custom fabricated in order to complete the repair. During that
period a front - loading residential refuse truck was temporarily modified and the
time needed to complete the collection route was. noticeably lengthened, as bins
Contractor Agreement With Rainbow Disposal
To Provide Refuse Collection Service At City Beaches
January 11, 2011
Page 2
had to be moved off the beach with a loader to be dumped. This operation is not
sustainable in its current form within the approved budget.
In preparation for the upcoming summer season, the Municipal Operations
Department consulted with the Office of the City Attorney on developing a
Request for Proposals (RFP) that includes successful completion of a pilot phase
as a condition of continuance of the long -term agreement. On November 3, the
RFP was mailed to ten franchised waste haulers who attended the Mandatory
Pre - Proposal Meeting on November 10; five proposals were received by the
deadline of November 18. The summary of the submitted costs are listed in
Attachment 1. Rainbow Disposal was selected as the lowest responsive proposer
and invited to an on -site equipment demonstration on December 3 at Huntington
State Beach and the area of the Balboa Pier. Staff completed negotiations with
Rainbow Disposal on December 7 and is confident that Rainbow Disposal will be
able to meet requirements set forth in the agreement.
The critical aspect of this agreement is the 12 -week pilot phase that will be used
to evaluate Rainbow Disposal, who proposed the automated collection of plastic
containers. This type of service is already performed in Los Angeles County, the
City of Santa Monica, and at Huntington State and City Beaches. Rainbow
Disposal has proposed to replace the City's aging metal bins with hinged -lid
plastic containers of comparable capacity. There are several advantages of using
the plastic bins: reduced litter around the bin due to the lid, the ability to use an
automated collection vehicle, and a lower replacement cost. Sixty new containers
will be deployed in Areas #5 and #6 stretching from the Santa Ana River Jetty to
the Newport Pier for duration of the pilot phase. The pilot phase will begin in
February and collection will be on the non - summer schedule, occurring in the
morning on Mondays and Fridays. Prior to the conclusion of the pilot phase,
Rainbow Disposal will be notified of the City's intent to exercise its option to
extend the term of the Agreement through December 31, 2020 or to terminate
the agreement.
Assuming successful pilot phase performance, Rainbow Disposal will replace the
remaining 108 metal bins in Areas #1 through #4 continuing from the Newport
Pier to the Corona del Mar Main Beach. The new containers will be in place prior
to the start of the summer schedule. Between Memorial Day and Labor Day, the
containers will be collected Monday, Wednesday, Friday, Saturday, and Sunday,
on the same schedule as currently performed by City staff.
As currently performed, beach refuse collection does not require a full -time
employee to perform the work. Staff estimates it consumes 40% of a single
employee's time on an annualized basis, taking into account the time included in
collection of the waste, and the off - season maintenance of the metal beach bins.
If this agreement is executed with Rainbow Disposal, the Department will be able
Contractor Agreement With Rainbow Disposal
To Provide Refuse Collection Service At City Beaches
January 11, 2011
Page 3
to delete a Maintenance Worker I position in the FY 2011 -12 budget, which is
currently vacant.
FISCAL IMPACT:
The current cost of the beach bin trash service utilizing City staff is budgeted to
be $145,594 for FY 2010 -11. The majority of the costs for the service are related
to the maintenance and replacement of the specialized vehicles and the existing
metal bins. New CNG versions the same six -wheel drive trucks are
approximately $450,000 each. The replacement cost of a metal bin with a useful
life of approximately ten years is $750. The budget adopted for this year included
the transfer of $600,000 from the Equipment Replacement Fund to the General
Fund, a large portion of which was from the accumulated savings for the
replacement of these two beach trucks.
The cost to complete the work under the agreement will total approximately
$35,200 for the remainder of FY 2010 -11. Funds are available within the
Operations Support Division budget from charges to the Internal Services Fund
for the maintenance and replacement of the beach trucks as well as fuel savings.
In following years, the collection will be funded from savings from the vehicle
charges, as well as the savings from the deletion of the Maintenance Worker I
position noted above.
In addition to the one -time transfer of $600,000 from the Equipment Replacement
Fund, there will be a projected one -time savings of approximately $200,000 in
new equipment purchases in FY 2011 -12. Subsequent on -going annual savings
will be $127,000 and any increase in conjunction with the annual Employer
PERS Contribution Rate increases.
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to
CEQA.
PUBLIC NOTICE:
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
FUNDING AVAILABILITY:
As noted above, funding exists within the Operations Support Division budget for
the work.
Prepared by:
Mauri a Turner
Administrative Analyst
Contractor Agreement With Rainbow Disposal
To Provide Refuse Collection Service At City Beaches
January 11, 2011
Page 4
Siihmittarl by
Director
Attachments: 1. Summary of Proposals
2. Pictures of CNG collection truck and plastic refuse container
2. Agreement
Contractor Agreement With Rainbow Disposal
To Provide Refuse Collection Service At City Beaches
January 11, 2011
Page 5
ATTACHMENT 1
Summary of Proposals
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Contractor Agreement With Rainbow Disposal
To Provide Refuse Collection Service At City Beaches
January 11, 2011
Page 7
ATTACHMENT 3
Agreement
AGREEMENT FOR BEACH CONTAINER REFUSE
COLLECTION SERVICE WITH RAINBOW DISPOSAL, CO.
THIS BEACH CONTAINER REFUSE COLLECTION SERVICE CONTRACT
( "Agreement "), entered into this 11"' 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.bis.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 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 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:
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.
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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
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($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
Beach Container Refuse Collection Service Rainbow Disposal Co. Page 10
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.
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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 concerning 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.
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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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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: = 1410 1d By:
eonie Mulvihill, /��\ Michael F. Henn
Assistant City Attorney \ia Mayor
ATTEST: CONTRACTOR: Rainbow Disposal,
Co., a California Corporation
By: By:
Leilani Brown, Bruce Shuman
City Clerk Co- President, CEO
By:
Jerry Moffatt
Co- President, COO
Attachments:
Exhibit A — Scope of Work, Maps
Exhibit B — Total Annual Cost Form
Exhibit C — Unit Price Form
Exhibit D — Request for Proposal
[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.
M
W
N
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EXHIBIT B: TOTAL ANNUAL.COST FORM
Annual Cost
Area
Total Cost Total Cost
Summer (14 weeks) Non - summer (38 weeks)
Area #1 (42 containers)
$15,964.20
$15,896.16
Area #2 (31 containers)
$11,783.10
$11,732.88
Area #3 (20 containers)
$7,602.00
$7,569.60
Area #4 (15 containers)
$5,701.50
$5,677.20
Area #5 (23 containers)
$8,742.30
$8,705.04
Area #6 (37 containers)
$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
ME
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
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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.
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.
INSTRUCTIONS AND CONDITIONS
See Attachment A.
DESCRIPTION OF PROJECT
See Attachment B.
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) 6443141.
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 It (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 .pol
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
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
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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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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
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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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
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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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).
1. 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
A -7
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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 Coveraoe: 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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
ATTACHMENT B: DESCRIPTION OF PROJECT
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.
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 the effective
operation of collection operations.
c. Debris — litter, rubbish, leaves, sand, dirt, garbage, and other foreign
material.
d. Re- collection — collection required when previous collection is deemed by
the City to be below standard or when an area or sections of a area are
missed during regularly scheduled operation.
III. WORKING HOURS
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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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.
WE
VII.
VIII.
IX.
r#
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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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.
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.
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.
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.
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).
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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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.
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
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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City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day 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.
13:t
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 .newportbeachca.gov /website /I nteractiveMap /map.asp
C -1
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
C -3
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
ATTACHMENT D: TOTAL COST FORM
Annual Cost
Area
Total Cost
Summer (14 weeks)
Total Cost
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)
$
D -1
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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)
$
E -1
City of Newport Beach - Request for Proposal
Beach Bin Trash Collection Service
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
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 collection, disposal, and
maintenance services for 168 beach trash bins on a re _m
WHEREAS, on November 3, 2010 a R t for
proposals from firms performing this service w ed.
WHEREAS, [Contractor Name] wa
qualified, responsible proposer at a fair and M
work out of those firms which responded to the
WHEREAS, the Contracto
services to the City and acknowled t lifts
in response to the RFP and commits' ®�afaithfib
Agreement and in accord
with thens;�
("UP") inviting
deemed t6% the most
to the City to= perform the
this Agreement to provide
Led upon its representations
;:services required by this
f this Agreement.
WHEREAS,,. ontrai i has ined the location of all proposed work,
carefully reviewe • evaluated4he spec'i ions relative to the type, common nature
and frequency of to be armed, is iliar with all conditions relevant to the
performance of servi andm perform all work required for the price
sped ied ' s. veemerIN w
�W, THER E arties agree as follows:
1.
The initial of this Bement shall commence on the date first written above
( "effective da nd s,;.: 4; extend for twelve (12) weeks through April _, 2011 ( "Pilot
::: '..
Phase ") with an _ '_- to extend the term of this Agreement through December 31,
2020, unless terAt-ted 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.
[<f!
A. The Contractor shall provide a work forces perform the Contract
Services and all members of the work force a leg Authorized to work in
California.
B. All Contract Services shall be peg ed by competent experienced
employees. Contractor shall be res�.w Bible for a(t)pns of its a gees while
performing Contract Services. Contra' ha responsible for compliance
with all local, state, and federal laws and s. Contractor shall employ or
retain, at its sole cost and1 , prise, all p i sional and technical personnel
necessary to properly perform Rh Service
C. The Contractor shall establik, imp and intain written operating
procedures des' o ensue th r utilization of techniques
generally a des of th � T nd natu of the City of Newport Beach.
A current of the , rating cedures shall be provided to the City's
Municipal erations epart me . Operations Support Superintendent
be iddhIffied by nato 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,
osts
with Contractor being liable for any resulting c ,iRred by the City. No
action to terminate or suspend shall be taken by til after Contractor is
provided notice and afforded an opportunity to r refute the allegations,
except that the City's Administrator mayA -suspend services
hereunder if s /he finds such action reason appropri protect the public
safety, health or welfare. _ 1111N,.
F. All Work shall be performed in
standards.
G. Complaints received by the :City
transmitted to the Contractdill.1
handled by the Contractor'su
from Contractor within twen
Contractor of any c plaint. A'
corrective actio i, all be
City inspe c Mnd the
the Contra , shall
complaints ar _:,_.,_:eiv,
the
arding A bntractor's performance will be
in writm email or mail or facsimile, and
or,.. City s Rlireceive a follow -up response
;..,hours !I �.wing notification of the
�rti ntrit�br's investigation and the
lTromp = the Contractor to the City's
be hand) by a joint visit to the site by a
pervisor. Complaints received directly by
1wwriting to the City on the day such
st .6t )1 maintain a log of complaints received
Which shall be submitted to the City within
end of the month.
vehicles ari° uip r j�jr M
er used in conjunction with the Work shall be in good
king ord a aveopriate safety guards. All vehicles shall bear the
cation of the - ntractor.
Contr:Vshallde a Contractor's Supervisor to coordinate Work with the
City's AdY nd ensure satisfactory performance of Contract Services.
The superl 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 Bin Trash Collection Service [Contractor Name] Page 13
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 wipA.Make adjustments to its
equipment and Work as necessary. The Contractor .
y rpi�. "'exercise due care so as
nr.._
to prevent spilling, scattering, or dropping of de ring the beach bin trash
collection service activity and shall immedia: , if let l!p any such spillage,
dropping, or scattering from private or publiAr,
i5'erty. St4 T. rds, schedules, and
frequencies may be modified from time to-das deemed` ssary by the City
for the proper collection of the beach bi �'I
Upon t he first anfWWry of the Commencement Date and upon each anniversary of
the CommencemenfMate 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 I
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. -M.
Source: http: / /www.bls.gov /cpi /data.htm
Series ID: CUURA421SA0
5. INDEPENDENT CONTRACTOR
It is understood that City retains Contrac
Contractor is not an agent or employee of
the Work are under the control of Contra(
statute, rule or regulation and the
Agreement shall be deemed to co
Employees or agents,
responsibility for and
Contractor is in con
Agreement that may
the performance or,,,.
that Contractor s,.
Agreement. An
Contractor as to the
the
6.
to be the agi
control over
pliance with
this
an independent con r basis and
The m and means' conducting
® p e extent they are limited by
ier "is Agreement. Nothing in this
oval' ontractor or any of Contractor's
iloyees Contractor shall have the
M.
rw perfo the Work, provided that
Ag ent. Anything in this
to d`° . ontractor as to the details of
control over Contractor shall mean only
City with respect to the terms of this
gay appear to give City the right to direct
r to exercise a measure of control over
if follow the desires of City with respect to
City mal A— --o representcAbn regarding the order or condition of any area or location for
w - or is to preyjde services. City has also made no representation that the
site or to Hof W WWII be free from defects, apparent or hidden, at the
commencemen5r_a Y time during the term of the Agreement.
7.
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 s indemnity shall be
construed as authorizing any award of attorney's fees in any t non or to enforce the
terms of this Agreement. This indemnity shall apply to all c and liability regardless
of whether any insurance policies are applicable. Th. `i limits do not act as a
limitation upon the amount of indemnification to be pr ti Contractor.
14
tgim"ant =�i• th j � °��ies to person 'or da�` .the performance onta employees or clud Contractor's bid.
�,:
B. Acct ' le Insure W All insurance policies shall be issued by an insurance
comps ,, ;currenfk: uthorized by the Insurance Commissioner to transact
business N in the State of California, with an assigned policyholders'
A
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.
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 California, Section 3700 of the Labor Code. In addition,
Beach Bin Trash Collection Service [Contractor Name] Page 16
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 ficate of insurance, a,
Waiver of Subrogation endorsement in favor:. $ 111 ity, its officers, agents,
employees and volunteers.
ii. General Liability Coverage. Contract%J51,
maid „commercial general
liability insurance in an amount q s than T'hlillion Dollars and
no /100 ($2,000,000.00) per occ�� a for bodily inju l � ersonal injury,
and property damage, inclu ®'thout limitation, blafft contractual
liability.
, d
iii. Automobile Liability Coverage. "., or shall maintain automobile
insurance covering in
tury and "' erty damage for all activities of
the Contractor ansm pg in Conn with work to be performed
under this Agreement thclutiii verag any owned, hired, non -
owned or rented vehicle' , an of than Two Million Dollars
and no /10 0 000 00co limit for each accident.
iv. Pollu id0tiabilit "era a 4,uler shall maintain Hauler's environmental
liab. 'I nsurance h limits i n amount of not less than One Million
Doi la I no/. .1 per occurrence and annual aggregate
_severing= fade site, or off -site bodily injury and property
:€ e a ulatory fines'I a result of pollution conditions arising out
of it atio der this Agreement.
are to'.,._, tain, or be endorsed to contain, the following provisions:
Wait/ ' f SdWaation. All insurance coverage maintained or procured
pursua is agreement shall be endorsed to waive subrogation against
City, its 06cted 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
9.
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 ,6' its insurance agent or
broker and insurers to P Y provide to City wf 'trty (30) days notice of
,.
cancellation (except for nonpayment for,4 a (10) days notice is
required) or nonrenewal of coverage for eachIf6quiredl"A ®erage.
gD
v. Timely Notice of Claims. Contractorhjl give City prom d timely notice
of claims made or Buts instituted,. ®'v' "arise out of or result Contractor's
performance under this Agreement-IMM
vi. Additional Insurance. C tractor shaff raj ocure and maintain, at its own
cost and expense, an onal kind''8', insurance, which in its own
judgment may be neces saProper v ction and prosecution of the
work. G = €ij1 .
A. Contractor "'not ass* any rfgor obligation of this Agreement or any
interest in greemenithout the r written consent of City. Any attempted
or purporte sign ®` t c — nt of City shall be null and void.
Con Sra
ck s provisions relative to assignments are
c rea ble and thaContractor does possess special skills,
SOMA: ies, 6{so n gtniquely suited to the performance of Contract Services
hd any assig� t of k Agreement to a third party, in whole or in part, could
ardize the s _ cto ormance of Contract Services. Contractor may not
e' any subcoictors unless specifically authorized by City.
B. The s assign ry;m�'t, transfer, or other disposition of any of the issued and
outstanf°stock of Contractor, of the interest of any general partner or
joint ventu '" ° "' "b"h shall result in changing the control of Contractor, shall be
construed as 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
a daily basis. Each month, a report shall be prepared the daily log, giving a
brief description of all routine, special cleanings, a _ ergency activities. The
log report shall be attached to the monthly i i submitted to the City's
Administrator. A phone log will be submitted?= y I calls from the City of
Newport Beach Municipal Operations Depa eland th t of Newport Beach
Police Department to the Contractor whetf'r not thosecs#�, require a request
for service and a description of the acts 1.016 'en from the City Ceft�,
E. Contractor shall keep records and f ces in ction with Work to be
performed under this Agreement C cto II maintain complete and
accurate records with respect to the cos rred under this Agreement. All
such records shall be clear ifiable. Cotor shall allow a representative
of City during normal busine ,n' _ examiudit, and make transcripts or
copies of such records Con ` for amtaY)nd allow inspection of all
Work, data, documen to this Agreement for
a period of three from t finaf ent under this Agreement.
11. ADMINISTR
ENE
A. This Agree Willa; isterIlE by the City's Municipal Operations
Department. �. Director or his /her designee shall be
:
m e Ci ` idministrato� anti shall have the authority to act for the City
r thi reeii#c'" The City's Administrator or his /her authorized
_ presentative Ire _nt the City in all matters pertaining to the Work to be
4dered pursuar;v= this ement.
B. Ciif II furnish Contractor maps, ordinances, data, and other existing
infor as a requested by Contractor necessary for Contractor to
complete ontemplated by this Agreement. City also agrees to provide
all such m 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 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. t,
13.
Should any dispute arise respecting whether any
the value of the Work done, or of any Work ;
Contractor may be required to do, c
performance of the Agreement, such
his or her decision shall be final and b
14.
Contractor shall not be
City's Administrator.
15. LABOR
ill i- s exc l: Vie, or its duration, or
ed, or of " _xtra work which
y payment to C�" ctor during the
be decided b the ,u
y (: ";Manager and
:ontr and his sure(i'v.
uni6a, authorized in writing by the
A. Contractor .`- nformL'th alI cable provi sions of State and Federal law
including, .cable prof ornia Labor Code, and the Federal Fair
Labor Stand ` Act.
B. Pntractor4sM' ontrFfas know at any actual or potential labor dispute is
'° ':y;: eat to delay the timely performance of this Agreement,
me ly give notice to City, including all relevant information.
16. NMDISCRIMIN A ., BY GONTRACTOR
Contractor sents an rees that it does not, and will not, discriminate against any
subcontractor, W Employee or applicant for employment based on race,
religion, color, sd p, national origin, or other basis that violates the federal or
state constitution 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 quirements of the Act.
Failure to do so constitutes a material breach aq, . ounds for termination of
this Agreement by the City. The Contractor sha {1 and hold harmless the
City for any claims for damages resulting fr =Cori or's violation of this
Section. ,dti(1 11111'"
19. NOTICES
All notice, demands, requests or approvals to'
given in writing and will be deemed served whe
business day after the deposit t*, .Wf in the
sk
registered or certified, addressed ae er
All notices, demands, requests or app'. _
als fr _
to City at:
City
er this Agreement must be
iM personally or on the second
States mail, postage prepaid,
C16 City shall be addressed
Operations Department
92658 -8915
All mss, demand ues approvals from City to Contractor shall be addressed
to C ctor at: uz
20.
[CITY, STATE ZIPCODE]
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..._ ' 'and unpaid prior to the
effective date of termination. The Contractor ma germinate the Agreement
in the event of nonpayment by the City. H e t of nonpayment of
undisputed sums by the City, Contractor ,afgive t ty thirty (30) days
written notice thereof and the City shall hayfteen (15) wo days to cure the
alleged breach.`
21.
The Contractor
Agreement 6t310ursuant to
a portion of Contractor's
of the City's Administrator,
hardscape maintenance
-m Contract Services. City
the City's Administrator
Well and as frequently as
iOMMIpos t sion and be familiar with all safety
Ni t ' strial Safety and shall comply with these
ordinances, d regulations governing Affirmative Action
I'w guards and protective devices and take any other
lea and safety of their employees on the job, safety of
in connection with the performance of the work required
rbe construed to relieve the Contractor from compliance with all
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 i
whatsoever between the parties concerning the G
this Agreement. All preliminary negotiations and
nature are merged in this Agreement. No verbal ac
held to vary the provisions hereon. Al
25. AMENDMENTS
This Agreement may be modified or amend
both Contractor and City and approved as to
26. SEVERABILITY
If any term or portion of this
unenforceable by a cou „ f,
Agreement shall cons
27.
d1...W,.6f every kind or nature
ces to be provided under
,of whatsoever kind or
or i covenant shall be
lften documeniltecuted by
y Attorney.
illegal, or otherwise
ig provisions of this
Except for payment „ to Seim 13, the laws of the State of California
shall ove reef d all m
g g dating to it and any action brought relating
to this �i full b . Njcated in acourt of competent jurisdiction in the County
of Or
28.
The terms is Agreema shall be construed in accordance with the meaning of the
language us Ord shalllMt be construed for or against either party by reason of the
authorship of tYi ", nt 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 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 114
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
Assistant City Attorney Mayc
ATTEST:
,a
[End of signatures]
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
nd
hazardous materials in designated bins a ar ; mediately surrounding
designated bins on beach.l u'u
4. Clean interior and exterior of bins on bea , _ a rd
Remove /repair designated bins on
G3
scheduled basis.
notice.
EXHIBIT B: TOTAL ANNUAL COST FORM
Annual Cost
B -1
EXHIBIT Q 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 deter ination of the contract
award. Unreasonable prices may result in rejection of the,,;,...., fire bid proposal. Unit
prices listed below refer to all items installed and the . ' � tfuction Documents and
include all costs connected with such items; including b �imited to, materials, labor,
overhead, and profit for the contractor.
The unit prices quoted by the Contractor shall
or credited for labor and materials to be provj
and /or amount of labor required for added g „r:,miy
All work shall be performed in accordance
V GISill]*113A1i1fs].1
Trash Bin (per
D -1
unit price( twill be charged
Bless of they number units
is,of work.
described in the RFP.
Price
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
c 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