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HomeMy WebLinkAboutItem 23 - Agreement with Republic Services for use of City -Owned East Alton Avenue LotPublic Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Agreement with Republic Services for use of City -Owned East Alton Avenue Lot AGENDA TITLE: Approve a License Agreement with Republic Services Use of City -Owned East Alton Avenue / SR-55 Freeway Parcel in the Amount of up to $165,000 for Maximum Term of One Year (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a license agreement with Republic Waste Services of Southern California, LLC DBA Republic Services for use of real property owned by the City at the terminus of East Alton Avenue between Standard Avenue and the SR-55 Freeway, for a ten-month term commencing December 20, 2021 and expiring on September 20, 2022, which will automatically renew month -to -month thereafter for a monthly fee of $13,750, for a total revenue amount of $165,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 21, 2021, the Public Works Agency released Request for Proposals (RFP) No. 21-097 to seek qualified firms for a property license agreement for the East Alton Avenue lot located at the eastern terminus of East Alton Avenue between South Standard Avenue and the SR-55 (Exhibit 1). The property is 86,626 gross square feet, with approximately 66,546 net usable square feet. In partnership with the City of Irvine, the City has future plans to construct a new overpass at the SR-55, linking the cities of Santa Ana and Irvine at Alton Avenue. The subject property is included within the overpass project area; however, construction is not expected to begin for another three to five years. Thus, the property is expected to be available for uninterrupted use by the licensee until construction commences. To allow for maximum scheduling flexibility, the agreement includes a 60-day cancellation notice. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Agreement with Republic Services for Use of City -Owned East Alton Avenue Lot December 7, 2021 Page 2 FISCAL IMPACT This agreement will result in revenue of $13,750 per month into the Select Street Construction, Rental of Property revenue account (No. 05917002-57960). The agreement will commence on December 20, 2021 and expire on September 20, 2022. The agreement will automatically renew each month thereafter for an additional two months unless a notice to vacate premises is provided by the City or Licensee. The revenue will be used for the Alton at SR-55 freeway project. Fiscal Year Accounting Fund Accounting Amount Unit — Description Unit, Account Account # Description Select Street 2021-2022 05917002- Select Street Construction, $963250 (Dec -June) 57960 Construction Rental of Property Select Street 2022-2023 05917002- Select Street Construction, $411250 (July -Sept) 57960 Construction Rental of Property Select Street 2022-2023 05917002- Select Street Construction, $27, 500 Oct -Nov* 57960 Construction Rental of Property Total Contract Amount 1 $165,000 *Optional term if monthly renewal is automated for maximum agreement term EXHIBIT(S) 1. Location Map 2. Agreement with Republic Waste Services of Southern California, LLC DBA Republic Services Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager ! rLl IRS fo. N,7C_%SqA _JM.0 ilk kip � 124 feet v N I © 2012-2017 Digital Map Products. All rights reserved. This LICENSE AGREEMENT ("Agreement") is dated as of December 7th, 2021, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California ("City"), and REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, a Delaware limited liability company DBA Republic Services ("Licensee"). RECITALS A The City is the owner of that certain real property located at the eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana, as more particularly described in Exhibit A, attached hereto and incorporated by reference ("License Area"). The Property is approximately 66,546 square feet in size. B. The License Area is part of a planned road improvement project to be constructed by the City where such construction is anticipated to begin within five (5) years of the date of this Agreement. While the License Area is not located in a specific zone district, properties immediately surrounding the site are zoned for Light Industrial Use (MI). C. Licensee is a logistical and transportation services company who submitted a responsive proposal that was selected by the City, in accordance with the permissible uses of the Property as described in RFP No. 21-097. D. Licensee desires to use the License Area for purposes of storing waste services trash bins, equipment and commercial vehicles during the License period ("Permitted Uses"), which is closely compatible to the permitted uses under the Light Industrial Use (M I) zoning designation described in Exhibit B, attached hereto and incorporate by reference. E The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on December 20, 2021 for the Permitted Uses described in Recital D, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect untiI October 31,2022, unless extended in writing by Licensee and the Executive Director of the Public Works Agency, or his or her designee. The License may be terminated by City upon sixty (60) days written notice. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. The City shall have the right to enter the License Area for purposes of accessing the adjacent flood channel which is not a part of the License Area. Page 2 of 6 2 Restoration and Clean U . At its sole cost, Licensee shall, after use of the License Area, restore the License Area to an acceptable condition, as determined by the City, leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 3. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Maintenance. a. Licensee shall include, implement, and maintain but not be limited to the following Best Management Practices (BMPs) at the License Area: i. Waste management and Materials Pollution Control BMPs shall be implemented to prevent the contamination of stormwater by construction wastes and materials. ii. Tracking control (TC) BMPs to control off -site sediment tracking shall be implemented and maintained. iii. Sediment control (SE) BMPs shall be implemented at all locations along the site perimeter, at all operational storm drain inlets and at all non -active slopes, as appropriate. iv. Pollution prevention practices shall be implemented. V. Non-stonmwater management measures to prevent illicit discharges and control stormwater pollution sources. vi. Erosion Control 13MPs shall be implemented, as appropriate. vii. Wind erosion control BMPs (dust control) shall be implemented, as appropriate. viii. Nan-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater from construction activities. For specific guidance reference, reference the Construction Runoff Guidance Manual (Orange County Stormwater Program, December 2012) Fhttps://media.ocgov.com/,eov/w/watersheds/documents/bm /constructionactivities.as ] or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. b. Licensee's, at its sole cost and expense, shall: i. Install and maintain an eight (8) foot high security 4D fence or comparable fence to provide security around the front perimeter of the License Area facing East Alton Avenue, and the rear perimeter of the License Area parallel to Highway 55. Fence shaII secure the Property and serve as a visibility blocker for the License Area. Fencing shall mirror current fencing and remain after the termination of the Agreement for City use; ii. Grade/level the lot as flat as possible and add base rock in order to minimize dirt track out. No dirt shall be removed from the License area during the Page 2 of 6 grading/leveling work; iii. Install portable restroom facilities and hand wash stations; iv. Install two (2) rumble plates each eight (8) feet wide by ten (10) feet long; V. Maintain all of its stacked containers no more than 15 feet in height and must be kept 15 feet from all perimeter fencing. vi. Allow the County of Orange and City access to the License Area as needed; and vii. Comply with all NPDES requirements. 5. Damage. In the event that Licensee damages any portion of the License Area or the improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost. Alternatively, the City may, at its election and after reasonable written notice to Licensee, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 6. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 7. Fee. As consideration for this Agreement, Licensee shall pay City a monthly rate of $13,750, including any extensions of the Agreement pursuant to Section 1. License fees for any partial month shall be pro -rated. 8. AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 9. Insurance. Licensee shall secure or cause its agents or contractors performing any entry onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows: a Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims Page 3 of 6 arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee Parties use of the License Area, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single Iimit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$I,000,000 peroccurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance as required by California law. C. Comprehensive Automobile Liability Coverage, including as applicable owned, non -owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single limit, written in an occurrence form. 10. Indemnity. Licensee shaII indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section I0 shall survive the termination or expiration of this Agreement. 11. MisceIlaneous. 11.1 Entire Agreement. Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 11.2 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shaII continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 113 No Assignment. Licensee shall not assign or transfer or otherwise convey Page 4 of G any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 11A Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 11.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 11.6 Authorily. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 11.7 Notices. Any notices, requests, or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to: If to Licensor: Republic Waste Services of Southern California, LLC Attn: Dan Capener 1131 N. BIue Gum Street Anaheim, CA 92805 With a copy to: Republic Waste Services of Southern California, LLC c/o Republic Services 18500 North Allied Way Phoenix, AZ 85054 Attn: Chief Legal Officer If to City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.Q. Box I988 Santa Ana, CA 92702-1988 11.8 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. Electronic and email ".PDF" signatures of any party hereto shall be deemed originals. [Signatures on the following page] Page 5 of 6 IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above. CITY OF SANTA ANA ATTEST Kristine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvalho Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency LICENSEE: REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, a Delaware limited liability company Name: Michael A. Capri❑ Title: Vice President Daisy Gomez Clerk of the Council Page 6 oi' b EXHIBIT A (PROPERTY DESCRIPTION) The subject property consists of a portion of dedicated unimproved Alton Avenue, which extends from Standard Avenue to the Newport Costa Mesa (State Route 55) Freeway right-of-way, within the City of Santa Ana. The site has a relatively long and narrow land configuration with 86,626 square feet of land area. The net usable land area, exclusive of that portion which lies within an unimproved flood channel, is estimated at 66,546 square feet. While the site is not located in a specific zone district, properties immediately surrounding the site are zoned for industrial use. TOTAL AREA = 86.626 S.E. A 17.10'13` R 1.275.00' L 382.09- 325.6B• T 192.49' 5B5'15'44'W — — M - — CL ALTON AVE. Nsa•za os w I Hi u' 325. sB • - ay Pae S$2•13'57"E 1'L• cc ; ' . �b0 sW i � PSI v.- A = 14'3'58" R a 1.125.00' o+' } PUS 440 '' C a 6. 19' p z T G s3B.79' m f i ! z i r EXHIBIT B (PERMISSIBLE USES OF PROPERTY) Planning and Building Agoncy Planning biviskon 20 Civic Center plaza P.O. Box 19U (M-20) Santa Ana, CA 92702 (714)647.5804 www.sania-ana.org M1 (LIGHT INDUSTRIAL) Sec, 41-471. Applicability of division. M1 (light industrial) districts are specifically subject to the regulations contained in this division_ Sec. 41-472. Uses permitted In the Mt district. The following uses are permitted in the M 1 district: (a) The compounding, processing, or treatment of raw or previously treated materials into a finished or semi -finished product, excluding those uses specified in section 41489.5. (tr) The manufacture of products from raw or previously treated materials. excluding those uses specified in section 41.489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41.489.5, (dy The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41489-5. (e) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment- (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. 0) Impound yards (storage only) with no office or dispatching operations. 0) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472,5. (1) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non automotive related product sales- (n) Truck, boat and heavy equipment sales, rental, and service Page t or 10 MmCW hmUtt oa112 (o) Movie, photography. musical or video production studios. (Ili Bulk products sales (twenty-five(25) cu b i c feet or g reater) when such products are the primary sales activity, (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduciton processes. (s) Wholesale nursery and plant storage. W Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and enginereplacemenl (v) Home improvemen twarehouse store. (w) Sales of industrial products. supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosedbuilding. (%J Recyding facil iti es not 1n excess of forty-five thousand (45.000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. (2) Large collectionfacilities, (3) Light prooessingfacilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storag eanddistribution ofhazardousmat erials. (bb) Passenger transportation services. (Code 1952. § 9230.281; Ord. No. NS-455, r 1, 6-20-60; Ord. No. NS- 976; § 1, 8-1869: Ord. No. NS-996; § 1. 12-15-69, Ord. No.NS-1035; ;: 5, 9-8-70; Ord, No. NS-1036, § 7, 9-8-70, Ord. No. NS-1050, § 3.5- 17-71: Ord. No. NS-1123, § 7, 7-17-7Z Ord. No. NS-1275, § 2,10-7- 74; Ord. No. NS-1352: § 2, 4-4-77: Ord. No. NS-1507, § 7 11-19-79; Ord, No. NS-1732, § 41, 6-2584: Ord. No. NS-1748, ti 1. 10-1-84; Ord. No. NS-1834, § 1, 2-3-85: Ord. No. NS-1934, § 1, 11-16-87-, Ord. No. NS-2275, § 8, 12-18-95: Ord. No. NS-2306, § 1, 12 2-96; Ord. No. NS2333, § 1, 10--97; Ord. No. NS-2373; $ 7. 12-7-98; Ord. No. cmlc r:ii:,:;r,:r Pago 2Irf 10 NS-2443, § 2, 9-18'M Orrt No N5-24 70. § 5. 5-21-01, Ord_ No S- 2494. § 8, 4-15--02) Sec. 41 -472.1 . Artclllary uses permitted in the M1 dis ! rlct. The foHowing uses are permitted when ancillary to any use permitted by section41-472 or to any use pe rmitted subject to a conditional use permit. {1) Administrative office use OOOJpyl ng up to thirty (30) percent of lihe gross floor area (2) Product sales or sehlice uses cocupylrg up to five (5) percent of the gross floor area, {3) Child care facilities oocupying up to thirty (30) percent of the gross floor area' provided, however that no combination of uses permitted by this section shall exceed thirty (30) percert or the gross floc• area, (4) The outside storage of Class I and Class i i I i q uid's (as defined in the hre code of the City of Santa Ana) in above -ground fixed storage tanks when properly screened pursuant to section 41-622 of like Code, as it may be amended from time to time As used herein, "tank"means a vessel containing more than sixty (80) gal Ions, (S) Enclosed storage where the goods, materials or supples stored are the property of the owuier or operator of lihe building or structure occupying up to thirty f30)percent Page 3 d 10 w p�