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October 22, 2024
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Charles Springer, Senior Management Analyst - 949-718-3466, [email protected]
TITLE: Approval of Amendment No. Two to Maintenance/Repair Services Agreement with CR&R Incorporated for Commercial Refuse
Removal Services of City Operations (Contract No. 8569-1) ABSTRACT:
Staff recommends approval of Amendment No. Two to the Maintenance/Repair Services Agreement with CR&R Incorporated (CR&R) for refuse collection at City of Newport Beach facilities. This amendment will extend the agreement term to February 28, 2026, add services for additional City facilities, and implement source separation and increase City -generated green waste collection frequency to comply with State of California (CalRecycle) and Orange County Health Care Agency (OCHCA) requirements, respectively. These enhanced and extended services require increasing the not -to -exceed agreement limit (NTE) by $333,903.72, bringing the total NTE to $1,090,117.89.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. Two to Maintenance/Repair Services Agreement with CR&R Incorporated (Contract No. 8569-1) to implement source separation at City of Newport Beach facilities, increase disposal frequencies for green waste, add City facilities, extend the agreement to February 28, 2026, and increase the not -to -exceed amount by $333,903.72 to a total not -to -exceed of $1,090,117.89.
DISCUSSION:
The current Maintenance/Repair Services Agreement with CR&R for refuse collection at City facilities was awarded on November 19, 2019. Amendment No. One was approved in April 2024, which increased the NTE to support estimated expenditures until November 1, 2024. Staff recommends approval of Amendment No. Two to the agreement due to the reasons discussed below.
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Approval of Amendment No. Two to Maintenance/Repair Services Agreement with CR&R Incorporated for Commercial Refuse Removal Services of City Operations October 22, 2024
This amendment extends the agreement term to February 28, 2026, which aligns with two other separate City refuse agreements for beach and right-of-way trash collection.
Upon expiration of these three agreements, staff plans to procure a new agreement, combining all three refuse collections services.
This amendment adds newly constructed City facilities that require service and others that were not included in the original agreement and utilize atypical refuse systems for City services, such as residential -type carts, right-of-way refuse containers, or beach trash cans. Additionally, it also clarifies the rate sheet and source separation implementation language for trash, dry recyclables and organics. This will help ensure compliance with Senate Bill 1383 requirements and the City's Corrective Action Plan (CAP) with CalRecycle.
Furthermore, and as directed by OCHCA, this amendment increases collection frequency for City -generated green waste stored at the City Yard from an as -needed basis (approximately 15 times per year) to weekly collection to comply with Title 14 § 17852(a) (10-12) of the California Code of Regulations.
These enhanced services and added sites requirements result in an increase to the NTE by $333,903.72, bringing the total NTE to $1,090,117.89. The total increase includes estimated expenditures for the first amendment year from November 1, 2024, to October 31, 2025, and the pro -rated, final four months from November 1, 2025, to February 28, 2026. Consumer Price Index (CPI) increases under the agreement are capped at 2% annually and are included in the final pro -rated four months.
Costs associated with the Washington Street refuse bins in Balboa Village are included in the Public Works expenditures but are passed on to participating users annually.
FISCAL IMPACT:
Expenditures for the contract are charged against various City departmental budgets that receive refuse collection services. Since the amendment year crosses fiscal years, the table below shows estimated expenditures per fiscal year. The 16-month amendment term is split equally between Fiscal Year (FY) 2024-25 and FY 2025-26, but expenditures are expected to be slightly higher in FY 2025-26 due to the 2% CPI increase during the final four pro -rated months and having seasonal services under the amendment for July through Labor Day for FY 2025-26, versus only Memorial Day through June for FY 2024-25.
Expenditures
Fiscal
Year Fire
Library
Police
Public
Works
Recreation
Utilities
Total
24/25 $21,340.43
$6,990.16
$7,113.76
$103,119.92
$13,595.11
$13,784.08
$165,943.46
25/26 $21,641.11
$7,060.06
$7,184.90
$104,151.12
$14,001.15
$13,921.92
$167,960.26
Total $42,981.54
i i
i
i ii
$333,903.72
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Approval of Amendment No. Two to Maintenance/Repair Services Agreement with CR&R Incorporated for Commercial Refuse Removal Services of City Operations October 22, 2024
The adopted budget is anticipated to have sufficient funds to cover increased cost under the amended agreement. In the event that expenditures unexpectedly exceed anticipated amounts to where an appropriation is necessary, adjustments may be requested during a regularly scheduled budget approval process.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Original Agreement
Attachment B — Amendment No. 1
Attachment C — Amendment No. 2
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ATTACHMENT A
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH CR&R INCORPORATED FOR
COMMERCIAL REFUSE REMOVAL SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 19th day of November, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CR&R Incorporated, a California corporation ("Contractor"), whose address is 11292 Western Avenue, Stanton, California 90680, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on November 1, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow community professional standards with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances, in performing the Work required hereunder, and that all materials will be of good quality.
competent practitioners of the same discipline under similar circumstances, in performing the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Six Hundred Fifty One Thousand Six Hundred Fourteen Dollars and 17/100 ($651,614.17), without prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the CR&R Incorporated Page 2
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Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles - Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Andrew Keratzides to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel.
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5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's Deputy Director of Public Works, Municipal Operations, or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement.
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8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.
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9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement.
9.8 Contractor shall indemnify the Indemnified Parties from and against all claims, actual damages including, but not limited to, special and consequential damages, natural resource damage, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity of any kind whatsoever paid, incurred or suffered by, or asserted against, the Indemnified Parties or Contractor arising directly or indirectly from or caused by any of the following: (i) the violation of any environmental laws or the failure to clean up and mitigate the consequences of the spill or release of any Hazardous Substance; and (ii) Contractor's activities under this Agreement concerning any Hazardous Substance at any place where Contractor stores or disposes of solid or Hazardous Waste pursuant to this Agreement, or preceding agreements between City and Contractor. The foregoing indemnity is intended to operate as an agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9607(e)) and any amendments thereto, and California Health and Safety Code Section 25364, or any successor statute, to insure, protect, hold harmless, and indemnify City from liability.
9.8.1 "Hazardous Waste" or "Hazardous Substance" means any: (a) chemical, compound, material, mixture or substance that is now or hereinafter defined or listed in, or otherwise classified pursuant to any Environmental Law as a "hazardous substance," "hazardous material," "hazardous waste," "extremely hazardous waste," "infectious waste," "toxic waste," "toxic pollutant," or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect; and (b) petroleum, petroleum by-products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste, steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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15. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
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18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.
20. RECORDS
20.1 Contractor shall keep records and invoices in connection with the solid waste handling Services to be performed under this Agreement, including, but not limited to, customer lists, billing records, accounts payable records, maps, service requests, cash receipts records, AB 939/341/1826 compliance records, tonnage reports, weight tickets and invoices from all Landfills, Processing Facilities, and Recycling Facilities utilized for solid waste collected within City, and all other documents and materials which reasonably relate to Contractor's compliance with and performance of the provisions of this Agreement ("Records"), for the full term of this Agreement and an additional period thereafter of not less than three (3) years, or any longer period required by law. Such Records shall be made available to City at Contractor's regular place of business, but in no event outside the County of Orange. All Records shall be clearly identifiable, and Contractor shall maintain record security sufficient to preserve records from destruction or damage from foreseeable events. Data maintained in an electronic medium shall be protected, and backed up, with a copy stored at a separate site from the original data.
Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such Records during regular business hours for a period of three (3) years from the date of final payment to Contractor under this Agreement, or any longer period required by law.
20.2 City's ability to defend against Comprehensive Environmental Response, Compensation, and Liability Act, known also as Superfund ("CERCLA"), and related litigation is a matter of great importance. Contractor shall maintain and preserve records establishing where solid waste collected in the City was landfilled for the full term of this Agreement and an additional period thereafter of not less than five (5) years, or any longer period required by law. At any time, including after the expiration of the term, Contractor shall provide copies of such records to City within three (3) business days of City's request.
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20.3 On an annual or as -needed basis, City shall have the right, upon five (5) business days advance notice, to inspect Contractor's Records and/or conduct, or to contract with an independent auditing firm to perform, an audit, at City's expense, of Contractor's Records ("City Audit") to ensure compliance with the provisions of this Agreement. The City Audit shall include, without limitation, review and/or copying of Contractor's cash receipts, books of account, tonnage reports, and other related records, as well as those of each of its parent, subsidiary and/or affiliated companies, as appropriate. As part of the City Audit, Contractor's Customer accounts and related records may be subject to review. While Contractor will not be required to submit for copying detailed account records, such as customer names, Contractor shall make such records and information available for review in connection with the City Audit.
20.4 Contractor shall reimburse City for all of City's costs in performance of an audit if, as a result of the audit, it is determined that there was any intentional misrepresentation by Contractor with respect to Contractor's handling and transportation of solid waste or with regard to any information provided about diversion. Such reimbursement shall be paid by Contractor within ten (10) calendar days of the date City notifies Contractor in writing that Contractor is liable to reimburse the City in conformance with this subsection and the amount of City's audit costs.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
23.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall CR&R Incorporated Page 10
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indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:
Attn: Deputy Director of Public Works, Municipal Operations Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
Attn: Andrew Keratzides
CR&R Incorporated
11292 Western Avenue
Stanton, CA 90680
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).
26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required CR&R Incorporated Page 11 9.14
to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSK) (29 USCA § 201, et seq.).
27.2 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 written notice to City, and provide all relevant information.
27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.
CR&R Incorporated Page 12
9-15
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
CR&R Incorporated Page 13
9-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date -.—
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: I''/Z 3 A4, /
By:_ f���r
A ron C. Harp Ww wla i%q will O'Neill
City Attorney Mayor
ATTEST: CONTRACTOR: CR&R Incorporated, a
Date: . ��J��� California corporation
Date. -
Signed in Counterpart
By: L&LBy:
Leilani I. Brown Dean A. Ruffridge
City Clerk Senior Vice President
Date. -
Signed in Counterpart
Joyce Amato
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
CR&R Incorporated Page 14
9-17
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date j
B y: _, 4 X11;_
Airon C. Harp
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONTRACTOR: CR&R Incorporated, a
California corporation
Date:
By: By.-_-A.A-()
Leilani I. Brown Dean A. Ruffridge
City Clerk Senior Vice President
Date:
By:
Joe Amato--
CYSief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
CR&R Incorporated Page 14
NMI
EXHIBIT A
SCOPE OF SERVICES
GENERAL PROVISIONS
• Working Hours
o Normal working hours shall be between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and 8:00 a.m. and 2:00 p.m., Saturday and Sunday.
• Performance
o Contractor must have a current Non -Exclusive Franchise Agreement for Commercial Solid Waste Handling Services ("Franchise Agreement") with the City of Newport Beach, and maintain a Solid Waste Franchise continuously through the term of this Agreement. Contractor's current Franchise Agreement was entered into on or about November 9, 2017 and has a termination date of November 8, 2024. City has since approved an amended and restated Franchise Agreement and the parties intend to enter into the amended and restated Franchise Agreement during the term of this Agreement. Any references to the Franchise Agreement or requirements of the Franchise Agreement in this Agreement shall refer to the Franchise Agreement currently in effect during the term of this Agreement. o Contractor shall properly collect and dispose of refuse collected in the City, over which Contractor has control, only by taking it to a fully permitted licensed transfer station or refuse facility which is lawfully authorized to accept that specific type of solid waste material and has been approved by the City. Contractor agrees to assist the City and County in verifying tonnage collected by Contractor and providing information required by the County. Contractor will provide, within thirty (30) days of receipt of a written request by the City, refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll -off box), and by facility to which it was delivered (specify which transfer station). o Contractor will provide customer service levels and route lists within thirty (30) days of receipt of a written request by the City. Contractor will cooperate with City or County audits to verify reported origin of tonnage and diversion rates by making records and personnel available to the County and/or its auditors.
o Contractor shall be properly licensed to handle and haul Hazardous Waste, as defined in Section 9.8.1 of this Agreement. When Contractor hauls enclosed hazardous/environmental waste containers, the Contract CR&R Incorporated Page A-1
9-19
Administrator or designee must be informed where the material is transported to for handling and proper disposal. The Contract Administrator or designee must be provided with a Hazardous Waste Manifest. o Contractor shall clean designated bins and immediately surrounding areas at designated facilities on an as -needed basis. Contractor will be responsible for ensuring all items in the vicinity of the bins that is safe to handle is enclosed in a bin before servicing bin with no additional compensation.
o Contractor shall immediately notify the City of any Hazardous Substance or oversized items left on or around refuse containers that cannot be immediately collected.
o Contractor shall not haul any material from City Public Works job sites under this Agreement.
o Prior to Effective Date of this Agreement, Contractor shall provide, in writing, information to the City where all collected refuse will be taken for processing and disposal including the name and address of the location(s); Solid Waste Information Systems (SWIS) number; and facility diversion rate. City must be notified in writing by the Contractor at least thirty (30) days in advance, and obtain City approval before any new processing and disposal facilities are utilized by the Contractor.
o Contractor shall abide by all current and pending State legislation as it pertains to waste diversion requirements. This includes but is not limited to AB 341-Mandatory Commercial Recycling and/or AB 1826-Mandatory Commercial Organics Recycling. The Contractor shall conduct a waste assessment of each generator at each collection point within thirty (30) days of the Effective Date of this Agreement to determine what hauling services are required at each listed collection location. A copy of the results of the assessments will be given to the Contract Administrator or designee within five (5) days of completing the initial assessment. This is especially important when considering the implementation of compliant organic recycling programs required under AB 1826. City shall approve or reject the proposed program within thirty (30) days of receipt. Within thirty (30) days of approval by the City, Contractor shall implement the mandatory diversion programs at all facilities. Upon completion of the program implementation, Contractor shall provide a summary of all programs implemented as a result of the waste assessments, all carts and bins utilized, training activities conducted, and a full description of where the collected material will be transported for processing. Contractor will be required to transport all non - organic material collected to an approved Material Recovery Facility for processing. Individual generators may request a single -stream recycling program and the Contractor must oblige this request. Where applicable and pre -approved, an organics diversion program must be implemented within thirty (30) days of the Effective Date of this contract. Contractor must have CR&R Incorporated Page A-2
9-20
a demonstrated ability to provide all services required in a compliant manner.
o Contractor shall implement AB 341 and AB 1826 compliant collection programs at all collection locations. For the purposes of this Section, Contractor shall be found to have "implemented" an AB 341 recycling program for a City Facility only if Contractor completes all of the steps and requirements in the Franchise Agreement. For the purposes of this Section, Contractor shall be found to have "implemented" a Food Scrap Diversion Program for an AB 1826 Food Scrap Generator only if Contractor completes all of the steps and requirements in the Franchise Agreement. Ninety (90) days after the Effective Date of the contract and ninety (90) days after the execution of a subsequent Franchise Agreement, the City or its agents will inspect each collection facility as needed to verify there is a state -mandated diversion program in place. During these assessments, the City or its agents will note contamination present in the diversion stream(s), fullness of containers, the presence of recoverable recyclables and organic materials in the MSW stream to determine if the program(s) comply with AB 341 and AB 1826. Any deficiencies will be noted, and the Contractor will have five (5) days to correct. After five (5) days, the City will inspect again, and if any facility is deemed to be non -compliant, the City may assess liquidated damages, as further defined in this Exhibit "A," for every day a facility is non- compliant. If a facility is non -compliant for longer than thirty (30) days, the City may find the Contractor in breach of this Agreement and may terminate this Agreement.
o Contractor shall be required to provide separate and itemized invoices for each collection location: each City facility and for the Washington Street bin enclosure. Balboa Village businesses receiving organic collection services can be combined on one invoice with each location's information included.
Specific itemization that must be included on the invoices include the address, the size of cart(s), number of carts, and collection frequency. The Contract Administrator will provide the Contractor with a list of names and contact information for invoicing after the contract is awarded. o The Contractor shall use alternative fuel vehicles approved by the South Coast Air Quality Management District for Solid Waste Collection Services.
Vehicles shall meet all requirements specified per AQMD Rule 1193. o Contractor shall provide internal collection receptacles for AB 341 programs and AB 1826 programs. Contractor must provide up to two (2), green or yellow, 23-gallon internal collection receptacles for all AB 1826 generators.
Contractor shall also provide signage, brochures, educational materials, and offer onsite training to all AB 1826 and AB 341 generators. If a driver notes that a recycling or organics bin is contaminated with non -recoverable materials, the Contractor shall service the bin and leave a note for the CR&R Incorporated Page A-3 9 21
generator notifying them of the contamination incident. On the second such instance, Contractor shall notify the City of the contamination issue. • Schedule
o Contractor shall be responsible for collecting commercial refuse from designated bins at designated facilities on a regularly scheduled basis and additional collections as -needed within 24 hours of notice by City. o Contractor shall repair or replace damaged bins and or containers at designated facilities on an as -needed basis or at least within 24 hours of notice.
o City reserves the right to increase or decrease bin size or quantity, and add or delete facilities as deemed necessary and in accordance to the Schedule of Billing Rates.
o Contractor will implement an AB 341-Mandatory Commercial Recycling program and AB 1826-Mandatory Commercial Organics Recycling program where required by State law and the Newport Beach Municipal Code.
COMMERCIAL REFUSE COLLECTION_
I. Refuse Collection for bins at Facilities listed in Appendix A. ■ Contractor shall furnish all labor, equipment, materials, and supervision to provide commercial refuse removal and recycling services from 3- yard and 4-yard bins at least once per week and, in selected areas on a more frequent basis, up to seven days per week to pick up waste at City - owned or leased facilities located throughout the City of Newport Beach.
A list of City Facilities with current bin size and service frequency is included in Appendix A along with a map titled "Refuse Collection Facilities".
■ The Contractor is required to conduct a waste assessment of each facility within thirty (30) days of the Effective Date of this contract to determine what hauling services are required at each listed collection location. A copy of the results of the assessments will be given to the Contract Administrator within five (5) days of the assessment. This is especially important when considering the implementation of organic recycling programs required under AB 1826. Contractor shall include containers/bins/carts to be used for AB 341 (recycling) and AB 1826 (organic recycling/diversion) where required.
■ Contractor shall provide 40-yard enclosed hazardous/environmental waste containers on an as -needed basis.
CR&R Incorporated Page A-4 s 22
II. Refuse Collection for Bins at Washington Street
The City provides a central collection point at Washington Street and West Bay Avenue for solid waste generated from some of the Balboa Village businesses. Currently, there are six (6) four -yard bins collected six (6) days a week during non -summer months and seven (7) days a week during summer months (Memorial Day through Labor Day).
Approximately forty-three (43) small businesses use this area for waste disposal, including twelve (12) restaurants. City staff will work with the Contractor to further identify all of the businesses that utilize these bins for waste disposal. Additionally, the Contractor shall implement a compliant AB 1826 Mandatory Commercial Organics Recycling program at all businesses that meet the current threshold which requires an organic collection program within ninety (90) days of the Effective Date of this contract.
The Contractor shall furnish all labor, equipment, materials, and supervision to provide commercial refuse removal and recycling services from 4-yard bins at the Washington Street bin enclosure and the appropriate carts to be used for an AB 1826 compliant program. ■ See maps: "Washington St. Businesses" and "Washington Street — Bin Enclosure Usage" for location details.
LIQUIDATED DAMAGES
■ The City incurred considerable time and expense procuring this Agreement to secure an improved level and quality of Recycling and compliance with State Diversion mandates.
Failu
Liquidated Damages. The parties agree the following liquidated damages schedule represents a reasonable estimate of the amount of damages, considering all the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be expected in anticipation that proof of actual damages would be costly or inconvenient:
s
Da
Comply with City -mandated Diversion Two hundred fifty dollars ($250) per requirements within thirty (30) calendar business day until compliant days of notification by City
CR&R Incorporated Page A-5 9-23
Provide requested records related to the
- Two hundred fifty dollars ($250) per
services provided by the contract
business day until completed
Collect at unauthorized locations and/or
Two hundred fifty dollars ($250)
j during unauthorized hours five (5) or
more times in a twelve (12) month period
Failure to collect per agreed upon
Two hundred fifty dollars ($250)
schedule without notifying the City
Project Administrator by phone or email
within two (2) hours of delay and
obtaining the approval of the Project
Administrator
Label Containers; paint vehicles and/or
Fifty dollars ($50) per business day until
Containers corporate color
corrected
it Implement AB 341 recycling and
One thousand dollars ($1,000) per
diversion programs as required by the
occurrence
Contractor's current Franchise
Agreement within the timeframe required
by the Franchise Agreement
Implement AB 1826 Food Scrap
One thousand dollars ($1,000)
Diversion Program as required in the
Contractor's current Franchise
Agreement within the timeframe required
by the Franchise Agreement
i
j Implement AB 1826 Green Waste and
Five hundred dollars ($500)
Wood Waste Diversion Program as
j required by the Contractor's current
Franchise Agreement within the
j timeframe required by the Franchise
Agreement
Submit complete and accurate monthly
One hundred dollars ($100) per business
reports
day until corrected or completed
Submit timely monthly reports
One hundred dollars ($100) — if not
submitted when due
Five hundred dollars ($500) — if not
submitted w/in thirty (30) calendar days
after due date
Designate qualified Project Manager;
Fifty dollars ($50) per business day until j
Failure of Protect Manager to timely
completed
CR&R Incorporated Page A-6 g 24
respond to City; Failure to notify Project
i Administrator of change cf designee _
j Secure or maintain vehicles or vehicle One hundred dollars ($100) per business uipment
Remove, replace, or collect abandoned
Container(s)
until completed
Fifty dollars ($50) per business day until
completed
`Unless otherwise designated, reference to "failure(s)" refers to each occurrence of specified breach (such as for each Customer or each Customer record entry or complaint) and not for aggregate occurrences of those breaches (such as for all Customers on a given route or day).
City's Remedies Cumulative. The rights and remedies of City set forth herein shall be in addition to any and all other rights and privileges City may have, and shall not be deemed to limit any such other rights or privileges of City under this Agreement or by virtue of any law.
CR&R Incorporated Page A-7 g 25
APPENDIX A
Commercial Refuse Collection Facilities Locations
Scheduled Services
Location
Numb
er of
Bins
Bin
Size
Weekly
Frequency
& Days
Balboa Yacht Basin
829 Harbor Island Dr
6 3-yd
3x
Central Library
1000 Avocado Ave
2 3-yd
3x
City Hall
100 Civic Center
Drive
1 3-yd
5x
City Hall (Recycling)
100 Civic Center
Drive
1 3-yd
1x
Fire Station #2
475 32nd St
1 3-yd
2x
Corporation Yard
592 Superior Ave
1 4-yd
1x
Fire Station #3
868 Santa Barbara
1 3-yd
2x
Fire Station #5
410 Marigold Ave
1 4-yd
1x
Fire Station #6
1348 Irvine Ave
1 3-yd
1x
Fire Station #7
20401 Acacia St
1 3-yd
2x
Fire Station #8
6502 Ridge Park Rd
1 3-yd
1x
Lawn Bowling Center
1550 Crown Dr
2 3-yd
2x
Marina Park
1600 W Balboa Blvd
1 3-yd
4x
Community Center
6401 San Joaquin
Hills Rd
1 3-yd
2x
Oasis Senior Center
800 Marguerite Ave
1 3-yd
3x
Oil Tank Farm
W I
5900 Coast Highway
1 3-yd
I
1x
I 1
Police Station
( 870 Santa Barbara
1 3-yd
6x
Utilities Yard
1949 W 16th St
I 3
13-yd
I 1x
Total Annual Cost
19 Locations
52 Weeks
CR&R Incorporated Page A-8 9-26
a
Refuse Collection Facilities
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ibrary Station #8
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Recycling
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City of Newport Beach
GIS Division
August 30, 2017
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GIS Division
August 19, 2019
9-29
EXHIBIT B
SCHEDULE OF BILLING RATES
I. Location of Facilities with Bins and Service Schedule Scheduled Services
Location
Numb
er of
Bins
Bin
Size
Weekly
Frequency
& Days
Weekly Cost,
-
Balboa Yacht Basin
829 Harbor Island Dr
6 3-yd
3x
TBD
$ 340.39
Central Library
( 1000 Avocado Ave
I 2
3-yd
I 3x
I TBD
I $ 113.46
City Hall
100 Civic Center
Drive
1 3-yd
5x
M-F
$ 86.06
City Hall (Recycling)
100 Civic Center
Drive
1 3-yd
1x
M-F,
$ 40.85
Fire Station #2
1475 32nd St
I 1
3-yd
I 2x
I TBD
I $ 41.97
Corporation Yard
1592 Superior Ave
I 1
4-yd
I 1x
I 'TBD)
$ 29.11
Fire Station #3
1868 Santa Barbara
I 1
3-yd
I 2x
I TBD
I $ 41.97
Fire Station'#5
410 Marigold Ave.
1 4-yd
1x
TBD
$ 29.11
Fire Station #6
1348 Irvine Ave
1 3-yd
1x
TBD
$ 27.29
Fire Station#7
20401 Acacia St
1 3-yd
2x
TBD
$ 41.97
Fire Station #8
6502 Ridge Park Rd
1 3-yd
1x
TBD
$ 27.26
Lawn Bowling Center
11550 Crown Dr
I 2
3-yd
I 2x I
TBD
$ 83.94
Marina Park
11600 W Balboa Blvd
( 1
3-yd
I 4x
TBD
$ 71.34
Community Center
6401 San. Joaquin
Hills Rd I
1 L 3-yd I
2x (
TBD
$ 41.97
Oasis Senior Center
800 Marguerite Ave I
1 3-yd I
3x I
TBD
$ 56.73
Oil Tank Farm I
5900 W Coast
Highway, (
1 13-yd
11 x L
TBD
$ 27.29
Police Station
870 Santa Barbara
1 I
3-yd I
6x I
M-Sa
$ 100.79
Utilities Yard
949 W 16th St
3 3-yd 4
1 x
TBD
$ 81.86
Total Annual Cost
19 Locations 152
Weeks
$ 66, 736.28
CR&R Incorporated Page B-1 9-30
II: Washington Street Bins and Organics Collection
III: As -Needed Bin Service
As -Needed Services
Number of Bins
Bin Size
Weekly
Frequency
Weekly Cost
Daily Cost
1 3-yd
1 x
$ 27.29
1 4-yd
1 x
$ 29.11
1 3-yd
$ 24.56
1 4-yd
$ 26.20
As -Needed Services -Enclosed Hazardous/Environmental Waste Container
Number of Bins
Bin Size
Weekly Cost
Monthly Cost
1 40-yd
$ 125.00
$ 500.00
In addition, City will invoice Contractor and Contractor will pay to City, franchise fees and environmental liability fund fees, pursuant to the terms of Contractor's current Franchise Agreement with the City.
CR&R Incorporated Page B-2 9-31
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers.. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees, agents, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract.
CR&R Incorporated Page C-1 9_32
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than ten million dollars ($10,000,000) combined single limit for each accident.
D. Pollution Liability Insurance. Contractor shall maintain pollution liability insurance covering all of the Contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, non -owned disposal site liability, defense costs, cleanup costs, and pollution conditions that arise from or in connection with the transportation (including loading and unloading) by or on behalf of the Contractor, of any waste or waste materials. Coverage shall be provided for both sudden and accidental, and gradual and continuous pollution events with limits no less than five million dollars ($5,000,000) each loss and ten million dollars ($10,000,000) in the aggregate. The policy shall not exclude any hazardous materials for which there is an exposure. If all or any portion of the pollution liability coverage is available only on a claims -made basis, then a 10-year extended reporting period shall also be purchased. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City, and its officers, officials, employees, agents, and any person or CR&R Incorporated Page C-2 9-33
entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, anytime.
B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change.
C. Right to Review Subcontracts. Contractor agrees that upon request, all contracts with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such contracts will not impose any liability on City, or its employees.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
CR&R Incorporated Page C-3 9-34
F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
CR&R Incorporated Page C-4 9_35
ATACHMENT B
AMENDMENT NO. ONE TO
MAINTENANCEIREPAIR SERVICES AGREEMENT
WITH CR&R INCORPORATED FOR
COMMERCIAL REFUSE REMOVAL SERVICES
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 4th day of April, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CR&R Incorporated, a California corporation ("Contractor's), whose address is 11292 Western Avenue, Stanton, California 90880, and is made with reference to the following:
RECITALS
A. On November 19, 2019, City and Contractor entered into a Maintenance/Repair Services Agreement ("Agreement") to perform maintenance and/or repair services for City ("Project").
B. The parties desire to enter into this Amendment No. One to increase the total compensation, to update Section 5.1 of the Project Manager section and update Section 24.3 of the Notices section.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1, COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B, as amended, and incorporated herein by reference.
Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Seven Hundred Fifty Six Thousand Two Hundred Fourteen Dollars and 171100 ($756,214.17), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Contractor's additional compensation for additional Services to be perfcrmed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed One Hundred Four Thousand Six Hundred Dollars and 00/100 ($104,600.00).
2. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the following: "Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Julie Barreda to be its Project 9-36
Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel."
3. NOTICES
Section 24.3 of the Agreement is amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
Attn: Julie Barreda
CR&R Incorporated
11292 Western Avenue
Stanton, CA 90680"
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE]
CR&R Incorporate Page 2
9-3 7
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: + I :!"�
By:
/f
Aaron • . arp
City A rney l��y
ATTEST:
Date: • Q_ o�
By' rl
djAIL� --
Leilani I. Brown
City Cler k
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:��i
Gras% K. Leung
City Manager
CONTRACTOR: CR&R Incorporated, a
California corporation
Date: _
Signed in Counterpart
By
Clifford Ronnenberg
Chief Executive Officer
Date:
y' n Signed in Counterpart
x By:
David Ronnenberg
"I Oft' Secretary
[END OF SIGNATURES]
Attachments: Exhibit B — Schedule of Billing Rates
CR&R Incorporate Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No_ One to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: �s
Aaron' - arp
�H
City Att�rney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By. -----
Grace K. Leung
City Manager
CONTRACTOR: CR&R Incorporated, a
Cal iforniaiorporation
Date: It---- W
By:
Cliff rd Ronnenberg
Chief Executive Officer
Date. 1--L —
By: 1 I"
Da' m Runnenb
Secretary
[END OF SIGNATURES]
Attachments: Exhibit B — Schedule of Billing Rates
CR&R Incorporate Page 3
9-39
EXHIBIT B
SCHEDULE OF BILLING RATES
Location of Facilities with Bins and Service Schedule
Scheduled Services
Number Bin Weekly
Location Frequency Weekly Cost
of Bins Size
& Days
Balboa Yacht Basin 829 Harbor Island Dr 6 3-yd 3x TBD $ 340.39 Central Library
1000 Avocado Ave
2 3-yd
3x
TBD
$ 113.46
City Hall
100 Civic Center
1 3-yd
5x
M-F
S 86.06
Drive
'
City Hall (Recycling)
100 Civic Center
1 3-yd
1x
M-F
$ 40.85
Drive
Y
Fire Station #2
475 32nd St
1 3-yd
2x
TBD
$ 41,97
Corporation Yard
592 Superior Ave
1 4-yd
1 x
TBD
$ 29.11
J
Fire Station #3
868 Santa Barbara
1 3-yd
2x
TBD
$ 41.97
410 Marigold Ave
1 4-yd
1x
Fire Station #5
TBD
$ 29.11
Fire Station #6
1348 Irvine Ave
1 3-yd
1x
TBD
$ 27.29
Fire Station #7
20401 Acacia St
1 3-yd
2x
TBD
$ 41.97
Fire Station #8
6502 Ridge Park Rd
1 3-yd
1x
TBD
S 27.26
2 3-yd
2x
TBD
Lawn Bowling Center
1550 Crown Dr
$ 83.94
Marina Park
1600 W Balboa Blvd
1 3-yd
4x
TBD
$ 71.34
Community Center
$ 41.97
6401 San Joaquin
1 3-yd
2x
TBD
Hills Rd
Oasis Senior Center
800 Marguerite Ave
1 3-yd
3x
TBD
$ 56.73
Oil Tank Farm
5900 W Coast
1 3-yd
1x
TBD
$ 27.29
Highway
870 Santa Barbara
1 1 3-yd
6x
M-Sa
$ 100.79
Police Station
Yard 949 W 16th St
3 3-yd 1 x TBD
$ 81.86
_Utilities
Total Annual Cost 19 Locations
52 Weeks
$ 66,736.28
CR&R Incorporated Page B-1 9-40
Ik Washington Street Bins and Organics Collection
4 yards
6xMeek Weekl
Rate
$ 693.42
7xlWeek Weekiy
Rate
$ 790.17
Food Waste/Organic Containers
32 Gallon Cart
Cost per container per collection
$ 5.39
III: As -Needed Bin Service
As -Needed Services
Number
Bin Size
Weekly
Weekly Cost Daily Cost
of Bins
Frequency
1 3-yd
1 x
$ 27.29
1 4-yd
1 x
$ 29.11
1 3-yd
$ 24.56
1 4-yd
$ 26.20
As -Needed Services -Enclosed HazardouslEnvironmental Waste Container Number of Bins Bin Size Weekly Cost Monthly Cost
1 40-yd $ 125.00 $ 500.00
As -Needed Services - Enclosed Hazardous/Environmental Waste Container Number of Bins
Bin Size
Per -Haul Cost
Per -Ton Rate
1 40 yd
I $265.30
I $98.84
Recurrent Services - Enclosed Hazardous/Environmental Waste Container Number of Bins Bin Size Per -Haul Cost Per -Ton Rate
1 1 40-yd $265.30 $98.84
In addition, City will invoice Contractor and Contractor will pay to City, franchise fees and environmental liability fund fees, pursuant to the terms of Contractor's current Franchise Agreement with the City.
CR&R Incorporated Page B-2 9-41
ATTACHMENT C
AMENDMENT NO. TWO TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH CR&R INCORPORATED FOR
COMMERCIAL REFUSE REMOVAL SERVICES
THIS AMENDMENT NO. TWO TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 22nd day of October, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CR&R Incorporated, a California corporation ("Contractor"), whose address is 11292 Western Avenue, Stanton, California 90680, and is made with reference to the following:
RECITALS
A. On November 19, 2019, City and Contractor entered into a Maintenance/Repair Services Agreement ("Agreement") to perform maintenance and/or repair services for City consisting of commercial refuse removal ("Project").
B. On April 4, 2024, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation, to update Section 5.1 of the Project Manager section and update Section 24.3 of the Notices section.
C. The parties desire to enter into this Amendment No. Two to add additional Services not included in the Agreement, as amended, to extend the term of the Agreement to February 28, 2026, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on February 28, 2026, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
As of the Effective Date of this Amendment No. Two, Exhibit A to the Agreement, Scope of Services, is amended in its entirety and replaced with Exhibit A, Scope of Services, attached hereto and incorporated herein by this reference ("Services" or "Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion.
9-42
3. COMPENSATION TO CONTRACTOR
As of the Effective Date of this Amendment No. Two, Exhibit B to the Agreement, Schedule of Billing Rates, is amended in its entirety and replaced with Exhibit B, Schedule of Billing Rates, attached hereto and incorporated herein by this reference.
Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B, and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed One Million Ninety Thousand One Hundred Seventeen Dollars and 891100 Cents ($1,090,117.89), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subcontractor fees, in an amount not to exceed Three Hundred Thirty Three Thousand Nine Hundred Three Dollars and 721100 ($333,903.72).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE]
CR&R Incorporated Page 2
9-43
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By::,
a on C. Harp n�
Cit Attorney 'ofr/
zy
ATTEST:
Date:
Az
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONTRACTOR: CR&R Incorporated, a
California corporation
Date:
By:
Clifford Ronnenberg
Chief Executive Officer
Date:
By:
David Ronnenberg
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
CR&R Incorporated Page 3
9-44
EXHIBIT
SCOPE OF SERVICES
CR&R Incorporated Page A-1 9-45
EXHIBIT A
SCOPE OF SERVICES
GENERAL PROVISIONS
• Working Hours
o Normal working hours shall be between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and 8:00 a.m. and 2:00 p.m., Saturday and Sunday.
• Performance
o Contractor shall have a current Franchise Agreement for Commercial Solid Waste Handling Services with the City of Newport Beach, and maintain the same continuously through the term of this Agreement.
o Collection, Disposal and Source Separation
■ Contractor shall provide all equipment and materials necessary to facilitate collection, source separation, and disposal:
Containers
o Contractor shall abide by requirements listed in
Section 18.A. Containers, of the Non -Exclusive
Franchise Agreement Between The City Of Newport
Beach and CR&R Incorporated for Commercial Solid
Waste and Divertible Materials Handling Services,
dated October 8, 2020 (hereinafter, "Franchise
Agreement").
o Carts and bins allowable.
■ Bin sizes: 2yd, 3yd, 4yd
■ Cart sizes: 35-gallon, 64-gallon, 96-gallon
o At minimum, the following waste streams shall be
represented and each shall be of distinctly different
color:
■ Municipal Solid Waste (MSW) — black or gray lid
■ Recycling — blue lid (City reserves right to waive
requirement)
■ Organics and green waste — green lid (City
reserve right to waive requirement)
Note: This representation may change at City
discretion to align with state mandate(s).
Collection equipment
o Contractor shall abide by requirements listed in
Section 18.C. Equipment, of the Franchise
Agreement.
MW
OJ
■ Contractor shall properly collect and dispose of refuse collected in the City, over which Contractor has control, only by taking it to a fully permitted licensed transfer station or refuse facility which is lawfully authorized to accept that specific type of solid waste material and has been approved by the City.
o Reporting
• Contractor shall provide monthly tonnage reports, proprietary to this service, broken down by waste stream collected because of collection. ■ Contractor shall assist the City and County in verifying tonnage collected by Contractor and providing information required by the County.
Contractor shall provide, within thirty (30) days of receipt of a written request by the City, refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll -off box), and by facility to which it was delivered (specify which transfer station, or disposal or diversion facility).
■ Contractor shall provide monthly tonnage reports for SWIS 30-AB-0479 (green waste collection) for City of Newport Beach — Corporation Yard at 592 Superior Avenue for
duration of contracted service.
■ Contractor shall provide customer service levels and route lists within thirty (30) days of receipt of a written request by the City. Contractor shall cooperate with City or County audits to verify reported origin of tonnage and diversion rates by making records and personnel available to the County and/or its auditors.
o Contractor shall be properly licensed to handle and haul hazardous waste. ■ When Contractor hauls enclosed hazardous/environmental waste containers, the Contract Administrator or designee must be informed where the material is transported to for handling and proper disposal.
The Contract Administrator or designee must be provided with a Hazardous Waste Manifest.
o Contractor shall clean designated bins and immediately surrounding areas, which includes litter collection inside and within five feet of respective enclosure, at designated facilities on an as -needed basis — to be determined by Contractor and/or City personnel.
■ Contractor shall be responsible for ensuring all items in the vicinity of the bins that are safe to handle are enclosed in a bin before servicing bin with no additional compensation.
■ Contractor shall be responsible for maintaining the hygiene of containers and enclosures, including any seepage that emanates from the enclosure. Contractor shall spray and otherwise clean containers and enclosures twice per year, unless requested by Project Administrator. o Contractor shall immediately notify the City of any Hazardous Substance or oversized items left on or around refuse containers that cannot be immediately collected.
9-4 7
3 o Contractor shall not haul any material from City Public Works job sites or City -sponsored special events under this Agreement, unless approved by the Project Administrator, and in such event, Contractor shall pay no less than prevailing wages and comply with all applicable provisions of California Labor Code sections 1720, et seq.
o Prior to Effective Date of this Agreement, Contractor shall provide, in writing, information to the City where all collected refuse will be taken for processing and disposal, the name and address of the location(s), Solid Waste Information Systems (SWIS) number, and facility diversion rate. City shall be notified in writing by the Contractor at least thirty (30) days in advance and obtain City approval before any new processing and disposal facilities are utilized by Contractor.
o Contractor shall abide by all current and future State legislation as it pertains to waste diversion requirements. This includes but is not limited to AB 341- Mandatory Commercial Recycling, AB 1826-Mandatory Commercial Organics Recycling, and SIB 1383 Short-lived Climate Pollutants (SLCP) Organic Waste Reductions. The Contractor shall conduct a waste assessment of each generator at each collection point within thirty (30) days of the Effective Date of this Agreement to determine what hauling services are required at each listed collection location. A copy of the results of the assessments shall be given to the Contract Administrator or designee within five (5) days of completing the initial assessment. This is especially important when considering the implementation of compliant organic recycling programs required under AB 1826. City shall approve the proposed program within thirty (30) days of receipt. Within thirty (30) days of approval by the City, Contractor shall implement the mandatory diversion programs at all facilities. Upon completion of the program implementation, Contractor shall provide a summary of all programs implemented as a result of the waste assessments, all carts & bins utilized, training activities conducted, and a full description of where the collected material will be transported for processing. Contractor shall transport all non -organic material collected to an approved Material Recovery Facility for processing.
Individual generators may request a single -stream recycling program, and the Contractor shall oblige this request. Where applicable and pre - approved, an organics diversion program shall be implemented within thirty (30) days of the Effective Date of this Agreement. Contractor must have a demonstrated ability to provide all services required in a complain manner. o Contractor shall implement AB 341, AB 1826, and SB 1383 compliant collection programs at all collection locations. For the purposes of this Section, Contractor shall be found to have "implemented" an AB 341 recycling program for a City Facility only if Contractor completes all of the steps and requirements in Exhibit E of the Franchise Agreement. For the purposes of this Section, Contractor shall be found to have "implemented" a Food Scrap Diversion Program for an AB 1826 Food Scrap Generator only if Contractor completes all of the steps and requirements in Exhibit E
4 of the Franchise Agreement. For the purposes of this Section, Contractor shall be found to have "implemented" a SB 1383 organic waste recycling program for a City Facility only if Contractor completes all of the steps and requirements in Exhibit E of the Franchise Agreement. Ninety (90) days after the Effective Date of the contract, the City or its agents will inspect each collection facility as needed to verify there is a state -mandated diversion program in place. During these assessments, the City or its agents will note contamination present in the diversion stream(s), fullness of containers, the presence of recoverable recyclables and organic materials in the MSW stream to determine if the program(s) comply with AB 341, AB 1826, and SB 1383. Any deficiencies will be noted, and the Contractor will have five (5) days to correct. After five (5) days, the City will inspect again, and if any facility is deemed to be non -compliant, the City may assess liquidated damages for every day a facility is non -compliant. If a facility is non -compliant for longer than one (1) month, the City could initiate a breach of contract and terminate this Agreement.
o Contractor shall provide separate and itemized invoices for each collection location, each City facility, and for the Washington Street bin enclosure.
Balboa Village businesses receiving organic collection services can be combined on one invoice with each location's information included. Specific itemization that must be included on the invoices include the address, the size of cart(s), number of carts, and collection frequency. The Contract Administrator will provide the Contractor with a list of names and contact information for invoicing.
o Contractor shall use alternative fuel vehicles approved by the South Coast Air Quality Management District for Solid Waste Collection Services.
Vehicles shall meet all requirements specified per AQMD Rule 1193. o Contractor shall provide signage, brochures, educational materials, and offer onsite training to all SB 1383, AB 1826, and AB 341 generators. If a driver notes that a recycling or organics bin is contaminated with non- recoverable materials, Contractor shall service the bin and leave a note for the generator notifying them of the contamination incident. On the second such instance, Contractor shall notify the Project Administrator of the contamination issue.
• Schedule
o Contractor shall be responsible for collecting commercial refuse from designated bins at designated facilities on a regularly scheduled basis and additional collections as needed within 24 hours of notice by City. o Contractor shall repair or replace damaged bins and or containers at designated facilities on an as -needed basis or at least within 24 hours of notice.
• I •
5 o City reserves the right to increase or decrease bin or cart size or quantity, and add or remove facilities as deemed necessary and in accordance with the Schedule of Billing Rates.
o Contractor shall implement an AB 341-Mandatory Commercial Recycling program, AB 1826-Mandatory Commercial Organics Recycling program, and a SB 1383 Short-lived Climate Pollutants (SLCP) Organic Waste Reduction program where required by the State law and City code.
COMMERCIAL REFUSE COLLECTION
Refuse Collection for Containers at Facilities listed in Appendix A. o Contractor shall furnish all labor, equipment, materials, and supervision to provide commercial refuse removal and recycling services at the designated City facilities, including container sizes and service frequency, as set forth on Appendix A, attached hereto and incorporated herein by this reference. Maps depicting the locations of the refuse collection facilities are also attached thereto.
o Contractor shall conduct a waste assessment of each facility within thirty (30) days of the Effective Date of this Agreement to determine what hauling services are required at each listed collection location. A copy of the results of the assessments shall be given to the Contract Administrator within five (5) days of the assessment. This is especially important when considering the implementation of organic recycling programs required under AB 1826 and SB 1383. Contractor shall include containers/bins/carts to be used for AB 341 (recycling), AB 1826 (organic recycling/diversion), SB 1383 (organic program implementation) where required.
o Contractor shall provide 40-yard waste containers and 40-yd enclosed hazardous/environmental waste containers on an as -needed basis. o The "summer" period consists of the weeks of the calendar year between Memorial Day and Labor Day, and the "non -summer" period consists of the remaining weeks. Typically, the summer period comprises 15 weeks of the calendar year and the non -summer period comprises the remaining 37 weeks. The City reserves the right to extend or shorten the "summer" period based on climate patterns or public demand.
• Refuse Collection for Bins at Washington St.
o The city provides a central collection point at Washington Street and West Bay Avenue for solid waste generated from some of the Balboa Village businesses. Currently, there are six (6) four -yard bins collected seven (7) days a week. At present, approximately seventy-three (73) small businesses use this area for waste disposal, including twenty (20) organic generators. City staff will work with Contractor to further identify all the 9-50
M
businesses that utilize these bins for waste disposal. Additionally, Contractor shall implement a compliant AB 1826 Mandatory Commercial Organics Recycling program at all businesses that meet the current threshold which requires an organic collection program within ninety (90) days of the Effective Date of this Agreement.
o Contractor shall furnish all labor, equipment, materials, and supervision to provide commercial refuse removal and recycling services from 4-yard bins at the Washington Street bin enclosure and the appropriate carts to be used for an AB 1826 compliant program.
o See maps: "Washington St. Businesses" and "Washington Street — Bin Enclosure Usage" for location details.
• Staffing
o Contractor shall assign only trained personnel to perform services pursuant to this Agreement. Contractor will provide all staff necessary for completion of the services under this Agreement. At its sole discretion and at any time, the City may request the removal of any person or persons assigned by Contractor to perform services pursuant to this Agreement.
Contractor shall remove any such person immediately upon receiving notice from City and at no cost to the City.
LIQUIDATED DAMAGES
• The City incurred considerable time and expense procuring this Agreement to secure an improved level and quality of Recycling and compliance with State Diversion mandates.
Liquidated Damages. The parties agree the following liquidated damages schedule represents a reasonable estimate of the amount of damages, considering all the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be expected in anticipation that proof of actual damages would be costly or inconvenient:
Failure(s)*
Damages
Comply with City -mandated Diversion
Two hundred fifty dollars ($250) per
requirements within thirty (30) calendar
business day until compliant
days of notification by City
Provide requested records related to the
Two hundred fifty dollars ($250)
services provided by the contract
Collect at unauthorized locations and/or
Two hundred fifty dollars ($250)
during unauthorized hours five (5) or
more time in a twelve 12 month period
9-51
Failure to collect per agreed upon Two hundred fifty dollars ($250) schedule without notifying the City Project
Administrator by phone or email within
two (2) hours of delay and obtaining the
approval of the Project Administrator
Failure to collect per agreed upon Two thousand two hundred seventy schedule with downtime exceeding one dollars ($2,270) per (1) week.
Label containers; paint vehicles and/or Fifty dollars ($50) per business day until Containers corporate color corrected
Implement AB 341 recycling and One thousand dollars ($1,000) per diversion programs as required by the occurrence
Contractor's Franchise Agreement within
the timeframe required by the Franchise
Aareement.
Implement AB 1826 Food Scrap One thousand dollars ($1,000) Diversion Program as required in the
Contractor's Franchise Agreement within
the timeframe required by the Franchise
Aareement.
Implement AB 1826 Green Waste and Five hundred dollars ($500) Wood Waste Diversion Program as
required by the Contractor's Franchise
Agreement within the
timeframe required by the Franchise
Aareement.
Submit complete and accurate monthly One hundred dollars ($100) per reports business day until corrected or
completed
Submit timely monthly reports One hundred dollars ($100) - if not submitted when due
Five hundred dollars ($500) - if not
submitted w/in thirty (30) calendar days
after due date
Designate qualified Project Manager; Fifty dollars ($50) per business day until Failure of Project Manager to timely completed
respond to City; Failure to notify Project
Administrator of change of designee
Secure or maintain vehicles or vehicle One hundred dollars ($100) per business equipment da until com leted
Remove, replace, or collect abandoned Fifty dollars ($50) per business day until Containers completed
*Unless otherwise designated, reference to "failure(s)" refers to each occurrence of specified breach (such as for each Customer or each Customer record entry or complaint) and not for aggregate occurrences of those breaches (such as for all Customers on a given route or day).
9-52
8 • City's Remedies Cumulative. The rights and remedies of City set forth herein shall be in addition to any and all other rights and privileges City may have and shall not be deemed to limit any such other rights or privileges of City under this Agreement or by virtue of any law.
9-53
Exhibit A — Appendix A
Commercial Refuse Collection Facilities Locations
Frequency (Frq) is per week
Fire Department
Trash SW
Recycling
Or
3,anics
Location
Address
Size
Qty
Frq
Size
Qty
Frq
Size
Qty
Frq
Fire Station 2
2807 Newport Blvd.
3yd
1 1
3yd
1 1
60- al
1 1
Fire Station 3
868 Santa Barbara Dr.
3yd
1 2
60- al
1 1
60- al
1 1
Fire Station 4*
124 Marine Ave.
96- al
3 2
1 1
60- al
1 1
Fire Station 6
1348 Irvine Ave.
3yd
1 1
1 1
60- al
1 1
Fire Station 7
20401 Acacia St.
3yd
1 2
160-a
1 1
60- al
1 1
Fire Station 8
6502 Ride Park Rd.
3 d
1 1
1 1
35- al
1 1
Lifeguard HQ-
CdM*
3001 Ocean Blvd.
96-gal
2 2
60-gal
1 1
35-gal
1 1
Lifeguard HQ-
Newport Pier*
70 Newport Pier
3yd
1 1
60-gal
1 1
35-gal
1 1
Junior
Lifeguard*, **
901 East Oceanfront
3yd
1 1
60-gal
1 1
35-gaI
1 1
Total:
Trash SW
Recycling
Organics
*Facility added to contract
**Service level change for summer season
Library
Trash (MSW)
Recycling
Organics
Location
Address
Size
Qty
Frq
Size
Qty
Frq
Size
Qty
Frq
Central
Library
1000 Avocado Ave.
3yd
1 3
3yd
1 1
60-gal
1 1
Total:
Trash (MSW)
Recycling
Organics
*Facility added to contract
Police Depart ent
Trash(M(MSW)
Re cling
Or anics
Location
Address
Size
Qty
Frq
Size
Qty
Frq
Size
Qty
Fr
Police
870 Santa Barbara Dr.
3yd
1 6
3yd
1 3
60-gal
1 1
Department
Animal
20282 Riverside Dr.
60-gal
2 2
60-gal
1 2
35-gal
1 1
Shelter*
Total:
Trash SW
Recycling
Organics
*Facility added to contract
Public Works
Trash (MSW)
Re cling
Or
anics
Location
Address
Size
Qty
Frq
Size
Qty
Frq
Size
I Qty
Frq
Civic Center
100 Civic Center Dr.
4yd
1 5
4yd
1 1
60- al
1 1
Balboa Yacht
829 Harbor Island Dr.
3yd
4 3
3yd
2 3
60-gal
1 1
Basin
Corporation
592 Superior Ave.
4yd
1 1
60-gal
1 1
35-gal
1 1
Yard
Washington
206 Washington St.
4yd
4 7
3yd
2 7
35-gal
20 1
Street
Total:
I Trash SW
Recycling
Organics
9-54
Recreation
Trash SW
Re cling
Or anics
Location
Address
Size
Qty
Frq
Size
Qty
Frq
Size
Qty
Frq
Marina
1600 Balboa Blvd. W
3yd
2 3
96-gal
1 3
60-gal
1 1
Park**
Oasis Senior
801 Narcissus Ave.
3yd
1 2
3yd
1 1
60-gal
1 1
Center
Grant
3000 5th Ave.
3yd
1 1
60-gal
1 1
35-gal
1 1
Howald
Community
Center*
Newport
6401 San Joaquin Hills
3yd
I
1 60-gal
1 I
60-gal
1 1
Coast
Rd.
Community
Center
Lawn
3yd
1 2
35-gal
1 1
35-gal
I
1 Bowling
1550 Crown Dr. N.
Center
Library
1000 Avocado Ave.
3yd
1 1
60-gal
1 1
60-gal
1 1
Lecture Hall*
Total:
Trash (MSW)
Recycling
Organics
*Facility added to contract
**Service level change for summer season
Utilities
Trash (MSW)
Re cling
Or
anics
Location
Address
Size
Qty
Frq
Size
Qty
Frq
Size
Qty
Frq
Utilities Yard
949 W. 16th St.
3yd
1 1
3yd
1 1
60- al
1 1
Oil Tank
5900 W Coast Hwy.
3yd
1 1
35-gaI
1 1
35-gal
1 1
Farm
Big Canyon
3300 Pacific View Dr.
3yd
1 1
35-gal
1 1
35-gal
1 1
Reservoir*
Total:
Trash SW
Recycling
Organics
*Facility added to contract
Shared Facilities
Trash (MSW)
Re cling
Organics
Location
Address
Size
Qty
Frq
Size
Qty
Frq
Size
Qty
Frq
Mariners
1300 Irvine Ave.
3yd
1 1
60-gal
1 1
60-gal
1 1
Park Youth
Center (Rec)
/ Mariners
Branch
Library*
Balboa
100 Balboa Blvd. E/
3yd
1 1
60-gal
1 1
60-gal
1 1
Branch
110 Balboa Blvd. E
Library / Fire
Station 1*
CdM Branch
410 Marigold Ave.
3yd
1 1
60-gal
1 1
60-gal
1 1
Library/Fire
Station 5
Total:
Trash SW
Recyclin
Organics
*Facility added to contract
Note: Potential cost split between departments.
9-55
Far•ilitiPs with SPasnnal Variances — "Summer Period" - Memorial Dav to Labor Dav Summer
Trash (NMSW)
Recycling
Organics
Location
Address
Size
Qty
Frq
Size
Qty
I Frq
Size
Qty
Frq
Marina
Park"
1600 Balboa Blvd. W
3yd
2 5
96-gal
1 3
60-gal
1 1
Junior
Lifeguard*,
**
901 East Oceanfront
3yd
1 2
60-gal
1 2
35-gal
1 1
Total:
Trash SW
Recycling
Organics
40-Yard Roll -Off Bin Rates — Recurrent and as -needed
*Maximum of 10 tons per 40yd
Recurrent
Trash (MSW)
Organics
Location
Address
MSW
MSW
MSW
ORG
ORG
ORG Freq.
Size
Qty
Freq.
Size
Qty
Corporation
592 Superior Ave.
-
-
-
40yd
1 Weekly
Yard
Fire
20401 Acacia St.
40yd
1 1x/2mos
-
-
-
Station 7
Utilities
40yd
Ix/3mos
40yd
1 Ix/6mo
Yard
949 W. 16th St.
9-56
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Refuse Collection Facilities
City of Newport Beach
• Facility Locations
1, Animal Shelter
2, Balboa Branch
3, Balboa Yacht Basin
4, Big Canyon Reservoir
5, CdM Branch
6, Central Library
7, Civic Center
8, Corporate Yard
9, Fire Station 1
10, Fire Station 2
11, Fire Station 3
12, Fire Station 4
13, Fire Station 5
14, Fire Station 6
15, Fire Station 7
16, Fire Station 8
17, Grant Howald Community Youth Center
18, Ir Lifeguard
19, Lawn Bowling Center
20, Library Lecture Hall
21, Lifeguard HQ - CdM
22, Lifeguard HQ - Newport Pier
23, Marina Park
24, Mariners Branch
25, Mariners Park Youth Center
26, Newport Coast Community Center
27, Oasis Senior Center
28, Oil Tank Farm
29, Police Dept
30, Utilities Yard
31, Washington Street
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J-JJ
EXHIBIT B
SCHEDULE OF BILLING RATES
CR&R Incorporated Page 6-1 9-60
EXHIBIT B
SCHEDULE OF BILLING RATES
Commercial Refuse Collection Facilities Locations
Monthly Service Costs
Note: shared facilities and rates are listed below departmental tables. Cost split should be considered an estimate.
Fire Department
Trash
Recycling
Organics
Location
Address
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Size
Qty
(per/
(per/mo)
Size
Qty
(per/
(per/mo)
Size
Qty
(per/
(per/mo)
wk)
wk
wk
Fire
2807
3yd
1 1
$125.53
3yd
1 1
$106.70
60-gal
1 1
$
Station 2
Newport
40.10 Blvd.
Fire
868 Santa
3yd
1 2
$193.02
60-gal
1 1
$20.81
60-gal
1 1
$
Station 3
Barbara
40.10 Dr.
Fire
124
96-
3 2
$153.00
60-gal
1 1
$20.81
60-gal
1 1
$40.10
Station 4*
Marine
gal
Ave.
Fire
1348Irvine
3yd
1 1
$125.53
60-gal
1 1
$20.81
60-gal
1 1
$40.10
Station 6
Ave.
Fire
20401
3yd
1 2
$193.02
60-gal
1 1
$20.81
60-gal
1 1
$40.10
Station 7
Acacia St.
Fire
6502 Ridge
3yd
1 1
$125.53
60-gal
1 1
$20.81
35-gal
1 1
$24.80
Station 8
Park Rd.
Lifeguard
3001
96-
2 2
$102.00
60-gal
1 1
$20.81
35-gal
1 1
$24.80
HQ-CdM*
Ocean
gal
Blvd.
Lifeguard
70 3yd
1 1
$125.53
60-gal
1 1
$20.81
35-gal
1 1
$24.80
HQ-
Newport
Newport
Pier
Pier*
Junior
901 East
3yd
1 1
$125.53
60-gal
1 I
$20.81
35-gal
1 1
$24.80
Lifeguard
Oceanfront
Total:
MSW 1
$1268.69
REC
$273.18
ORG
$299.70
*Facility added to contract
**Service level change for summer season
Library
Trash (MSW)
Recycling
Organics
Location
Address
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Size
er/wk
er/mo
Size
er/wk
er/mo
Size
er/wk
er/mo
Central
1000
3yd
1 3
$260.87
3yd
1 1
$106.70
60-
1 1
$40.10
Library
Avocado
gat
Ave.
Total:
MSW
$260.87
REC
$106.70
ORG
$40.10
9-61
Police Departtnent
Trash
Recycling
Organics
Location
Address
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Size
Qry
(per/
(per/mo)
Size
Qty
(per/
(per/mo)
Size
Qty
(per/
(per/mo)
wk)
wk
wk
Police
870 Santa
3yd
1 6
$463.53
3yd
1 3
$221.74
60-gal
1 1
$40.10
Department
Barbara
Dr.
Animal
20282
60-gal
2 2
$97.92
60-gal
1 2
$41.62
35-gal
1 1
$24.31
Shelter*
Riverside
Dr.
Total:
MSW
$561.45
REC
$263.36
ORG
$64.41
*Facility added to contract
Public Works
Trash
Recycling
Organics
Location
Address
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Size
er/wk
er/mo
Size
er/wk
er/mo
Size
er/wk
er/mo
Civic Center
100 Civic
4yd
1 5
$517.14
4yd
1 1
$111.53
60-
1 1
$39.31
Center Dr.
gal
Balboa
829 Harbor
3yd
4 3
$1,023.00
3yd
2 3
$434.78
60-
1 1
$39.31
Yacht Basin
Island Dr.
gal
Corporation
592 Superior
4yd
1 1
$131.21
60-
1 1
$20.40
35-
1 1
$24.31
Yard
Ave.
gal
gal
Washington
206
4yd
4 7
$3,208.80
3yd
2 7
$1,411.50
35-
20 1
$496.00
Street
Washington
gal
St.
Total:
MSW
$4 880.15
REC
$1 978.21
ORG
$598.93
Recreation
Trash
Recvclinz
Organics
Location
Address
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Size
r/wk
er/mo
Size
er/wk
er/mo
Size
er/wk
er/mo
Marina
1600
3yd
2 3
$521.74
96-
1 3
$65.03
60-
1 1
$40.10
Park**
Balboa
gal
gal
Blvd. W
Oasis Senior
801
3yd
1 2
$193.02
3yd
1 1
$106.70
60-
1 1
$40.10
Center
Narcissus
gal
Ave.
Grant
3000 5th
3yd
1 1
$125.53
60-
1 1
$20.81
35-
1 1
$24.80
Howald
Ave.
gal
gal
Community
Center*
Newport
6401San
3yd
1 1
$125.53
60-
I
1 $20.81
60-
1 1
$40.10
Coast
Joaquin
gal
gal
Community
Hills Rd.
Center
Lawn
1550
3yd
1 2
$193.02
35-
1 1
$24.80
35-
1 I
$24.80
Bowling
Crown Dr.
gal
gal
Center
N.
City Lecture
1000
3yd
1 1
$125.53
60-
1 1
$20.81
60-
1 1
$40.10
Hall*
Avocado
gal
gal
Ave.
Total:
I MSW
1 $1284.37 1
REC
$258.96
1 ORG
$210.00
*Facility added to contract
**Service level change for summer season
9-62
Utilities
Trash
Recyding
Organics
Location
Address
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Size
er/wk
er/mo
Size
Qty
/wk
er/mo
Size
er/wk
er/mo
Utilities
949 W. 16th
3yd
4 1
$502.12
3yd
1 3
$213.40
60-
1 1
$40.10
Yard
St.
al
Oil Tank
5900 W
3yd
1 1
$125.53
35-gal
1 1
$19.94
35-
1 1
$24.80
Farm
Coast Hwy.
al
Big Canyon
3300 Pacific
3yd
1 1
$125.53
35-gal
1 1
$19.94
35-
1 1
$24.80
Reservoir*
View Dr.
al
Total:
MSW
$753.18
REC
$253.28
ORG
$89.70
*Facility added to contract
Shared Facilities
Trash
R
an%cs
Location
Address
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Size
er/wk
er/mo
Size
er/wk
r/mo
Size
er/wk
er/mo
Mariners Park
1300Irvine
3yd
1 1
$125.53
60-
1 1
$20.81
60-
1 1
$40.10
Youth Center
Ave.
gal
gal
(Rec) /
Mariners
Branch
Library*
Balboa Branch
100 Balboa
3yd
1 1
$125.53
60-
1 1
$20.81
60-
1 1
$40.10
Library / Fire
Blvd. E /
gal
gal
Station 1*
110 Balboa
Blvd. E
CdM Branch
410
3yd
1 1
$125.53
60-
1 1
$20.81
60-
1 1
$40.10
Library/Fire
Marigold
gal
gal
Station 5
Ave.
Total:
MSW
1 $376.59
1 REC
$62.43
ORG
$120.30
*Facility added to contract
Note: Potential cost split between departments.
Facilities with Seasonal Variances - "Summer Period" - Memorial Day to Labor Day Summer
Trash
Recycling
anics
Location
Address
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Con
Con
Frq
Cost
Size
er/wk
er/mo
Size
er/wk
er/mo
Size
r/wk
er/mo
Marina
1600 Balboa
3yd
2 5
$794.98
96-
1 3
$65.03
60-
1 1
$40.10
Park**
Blvd. W
al
gal
Junior
901 East
3yd
1 2
$193.02
60-
1 2
$41.62
35-
1 1
$24.80
Lifeguard
Oceanfiront
gal
gal
Total:
MSW
$988.00
REC
$106.65
ORG
$64.90
*Facility added to contract
**Service level change for summer season
9-63
40-Yard Roll -Off Bin Rates - Recurrent and as -needed
Cost per haul: $265.30
Cost per ton: $98.84
*Maximum of 10 tons per 40yd
Recurrent
Trash
auks
Location
Address
MSW
MSW
MSW
MSW Cost
ORG Size
ORG
ORG
Org Cost
Size
Qty
Frq.
(per/yr)
Qty
Frq.
(per/yr)
Corporation Yard
592 Superior
-
40yd
I
Weekly
$65,192.40
Ave.
Fire
20401
40yd
1 lx/2mos
$7,522.20
Station 7
Acacia St.
Utilities Yard
949 W. 16th
40yd
Ix/3mos
$5,014.80
40yd
1 Ix/6mo
$2,507.40
St.
CR&R Rate Sheet
Waste
Stream
Size
1x per
week
2x per
week
3x per
week
4x per
week
5x per
week
6x per
week
7x per
week
Landfill
4yd
$
133.83
$
261.47
$
347.37
$
462.86
$
527.48
$
642.97
$ 802.20
Landfill
3yd
$
125.53
$
193.02
$
260.87
$
333.90
$
397.49
$
463.53
$ 637.81
Landfill
96gal
$
25.50 $
51.00 $
76.50 S
102.00
$
127.50
$
153.00
Landfill
60gal
$
24.48 $
48.96 $
73.44 $
97.92 $
122.40
$
146.88
Landfill
35gal
$
23.46 $
46.92 $
70.38 $
93.84 $
117.30
$
140.76
Recycle
4yd
$
113.76
$
222.25
$
295.27
$
393.43
$
448.36
$
546.52
$ 705.75
Recycle
3yd
$
106.70
$
164.07
$
221.74
S
283.81
$
337.87
$
394.00
$ 553.23
Recycle
96ga1
$
21.68 $
43.35 $
65.03 $
86.70 $
108.38
$
130.05
Recycle
60gal
$
20.81 $
41.62 $
62.42 $
83.23 $
104.04
$
124.85
Recycle
35gal
$
19.94 $
39.88 $
59.82 $
79.76 $
99.71 $
119.65
Organics
60gal
S
40.10 $
80.19 $
120.29
$
160.38
$
200.48
$
240.58
Organics
35gal
$
24.80 $
49.59 $
74.39 $
99.18 $
123.98
$
148.78
. ,.