HomeMy WebLinkAboutContracts & Agreements_33-2019 NPS 2 1 (11/26/18)
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of commingled recyclable materials ("Agreement") is
made and entered in this 19th day of February, 2019 ("Effective Date"), by and between the City
of Redlands, a municipal corporation ("City)" and CR&R Incorporated ("Contractor") City and
Contractor are sometimes individually referred to herein as a "Party" and, togethei, as "Parties "
In consideration of the mutual promises contained herein, City and Contractor agree as follows
ARTICLE 1 —ENGAGEMENT OF CONTRACTOR
1 1 City hereby engages Contractor to perform commingled recyclable materials services for
City (the"Services")
1 2 The Services shall be performed by Contractor in a professional mannei, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services
ARTICLE 2— SERVICES OF CONTRACTOR
2 1 The Services that Contractor shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services," which is attached hereto and incorporated herein by
reference
22 Contractor shall comply with applicable federal, state and local laws and regulations in
the performance of this agreement including, but not limited to, State prevailing wage
laws
ARTICLE 3 —RESPONSIBILITIES OF CITY
3 1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services
32 City designates Chris Boatman, Quality of Life Director, as City's representative with
respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and
decisions with respect to performance of the Services
ARTICLE 4—PERFORMANCE OF SERVICES
41 Contractor shall perform and complete the Services in a prompt and diligent mannei in
accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services " The
Services shall commence as of the Effective Date of this Agieement
42 The term of this Agreement shall be foi a period of one (1) yeai from the Effective Date
of this Agreement (the "Initial Term") The City shall have the option to extend the Initial
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42 The term of this Agreement shall be for a period of one (1) year from the Effective Date
of this Agreement(the"Initial Term") The City shall have the option to extend the Initial
Term of this Agreement by four (4) one-year additional terms (each, an "Extended
Term"), on the same terms and conditions, by providing written notice to Consultant at
least thirty (30) days prior to the expiration of the Initial Term or any Extended Term
43 If ContiactoCs Services include deliverable electronic visual presentation mateiials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same It shall be the obligation of Contractor to
obtain a copy of such policy from City staff
ARTICLE 5—PAYMENTS TO CONTRACTOR
5 1 Total compensation for Contractor's performance of the Services shall not exceed the
amount of four hundred forty-eight thousand seven hundred seventy-two dollars and
fourteen cents ($448,772 14) for the Services provided during the Initial Term Should
this Agreement be renewed, the compensation for Contractor's performance for the
Services shall not exceed the amount of four hundred seventy-eight thousand four
hundred sixteen dollars and eighty-nine cents ($478,416 89) for the second Renewal
Term, five hundred ten thousand eight hundred thirteen dollars and fifteen cents
($510,813 15) for the third Renewal Term, five hundred forty thousand three hundred
forty-six dollars and twelve cents ($540,346 12) for the fourth Renewal Term, and five
hundred seventy-one thousand eight hundred sixty dollars and seventy cents
($571,862 70) foi the fifth Renewal Term, bringing the total possible amount of
compensation to a not-to-execcd amount of two million five hundred fifty thousand two
hundred eleven dollars ($2,550,211 00) For the Initial Term and each Renewal Term,
City shall pay Contractor on a time and materials basis up to the not to not-to-exceed
amount in accordance with the rates specified in Exhibit "B," entitled `-Price Sheet,"
which is attached hereto and incorporated herein by reference
52 Contractor shall submit monthly invoices to City describing the Services performed
during the preceding month Contractor's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the Services City
shall pay Contractor no later than thirty (30) days after receipt and approval by City of
Contractor's invoice
5 3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing Any such notice shall be deemed delivered (r) on the date
of delivery in person, (ii) five (5) days after deposit in first class registered mail, with
return receipt requested, (in) on the actual delivery date if deposited with an overnight
courier, of (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express marl, in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section
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City Contractor
City Clerk Jay Fowler, Senior Municipal Manager
City of Redlands CR&R Incorporated
35 Cajon Street 11292 Western Avenue,
P O Box 3005 (mailing) Stanton CA 90680
Redlands, CA 92373 Jayf@crrmail corn
jdonaldson@cityofredlands org (714) 890-6300
(909) 798-7531
ARTICLE 6--INSURANCE AND INDEMNIFICATION
6 1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services Contractor shall not
perform any Services unless and until the required insurance listed below is obtained by
Contractor Contractor shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior wtitten notice to City
A Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, 01 certification to
City that Contractor is self-insured or exempt from the workers' compensation laws
of the State of California Contractor shall execute and provide City with Exhibit"C"
entitled "Workers' Compensation Insurance Certification," which is attached hereto
and incorporated herein by this reference prior to performance of the Services
B Comprehensive General Liability insurance with carriers acceptable to City to the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City
C Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability This coverage shall include all Contractor owned vehicles
used in connection with Contractor's provision of the Services, hired and non-owned
vehicles, and employee non-ownership vehicles City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance of
self-insurance maintained by City
62 Contractot shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons of damage to property occasioned
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by any negligent act or omission by, or the willful misconduct of, Contractor, or its
officers, employees and agents in performing the Services
ARTICLE 7—CONI'LICTS OF INTEREST
71 Contractor covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any othei source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Contractor's Services Contractor further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement
72 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor
A Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law,
(it) issue, deny, suspend of revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement,
(iii) authorize City to enter into, modify or renew a contract,
(iv) grant City approval to a contract that requires City approval and to which.
City is a party, or to the specifications for such a contract,
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof
B Does not serve in a staff capacity with City and, in that capacity, participate in
making a governmental decision of otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code section
87302
73 In the event City determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Cleric's office pursuant to the written
instructions provided by the City Clerk
ARTICLE 8—GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party
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82 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement Any
assignment of attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement
83 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth Contractot shall supply all necessary tools and instrumentalities required to
perform the Services Assigned personnel employed by Contractot are for its account
only, and in no event shall Contractor of personnel retained by it be deemed to have been
employed by City of engaged by City for the account of, or on behalf of City Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express of implied, to
bind City to any obligation
84 This Agreement may be terminated by either party, by providing not less than thirty (30)
days prior written notice to the other party of its intent to terminate If this Agreement is
terminated by City, an adjustment to Contractor's compensation shall be made, but(1) no
amount shall be allowed foi. anticipated profit or unperformed Services, and (2) any
payment due Contractor at the time of termination may be adjusted to the extent of any
additional costs to City occasioned by any default by Contractor Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, drawings, specifications, reports, summaries and such other
information and materials as may have been accumulated by Contractor in performing the
Services Contractor shall be compensated on a pro-rats basis for Services completed up
to the date of termination
85 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor pursuant to this Agreement Such books shall be available at reasonable times
foi examination by City at the office of Contractor
86 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals of verbal agreements relating to such
matters are superseded by this Agreement Except as otherwise provided foi herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor
87 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
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88 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed
in confirmation of this Agreement
CITY OF REDLANDS CR&R IN ORPORATED
By By I
W Foster,Mayor Ronnenberg, Vice resi en "
ATTEST
JP-Ane Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Description of Specifications/Scope of Services
City collects or causes to be collected curbside recyclables from its residential and
commercial program(s)
City will deliver the loads of residential and commercial recyclables to the contractor's
2 location as follows
Between the hours of 6 00 A M to 5 00 P M , Monday through Friday,
21
For weeks where a holiday falls on a weekday and collection is extended to
Saturday, hours for acceptance of the residential and commercial recyclable
stream must be 6 00 A M to 4 00 P M on Saturday
22
Once city staff delivers recyclable material to the facility,the Contractor shall provide
3 the means and pay incurred costs for moving the City's residential and commercial
recyclable material from Redlands to a materials recovery facility, if required
Contractor will make every effort to expedite the City's trucks to the weight scale in
4 order to avoid a wait time that exceeds five minutes
Contractor shall weigh the trucks on a State certified scale—with verified
5 Weightmaster certificate prior to Redlands off-loading of materials on the tipping
floor
After off loading,the truck will be weighed (with access to weight scale
5 1 provided within two (2) minutes) as each truck exits the facility
An accurate weight ticket to be provided to the driver upon exiting with
weight ticket including the following information
Contractor's facility information
• Weightmaster certificate
• Ticket number
• Deliver to Buyer
• Weighed for Seller
52 • Date
• Time
• Truck number
• Driver's name
• Carrier
• Scale operator's name for gross weight and tare Weight, lb Gross, lb Tare,
lb Net
Contractor shall dispose of the residual, non-recyclable material resulting from the
6 processing of the City's residential and commercial recyclable material
6 1 1Disposal of all residual materials will be in compliance with all State, Federal
and local requirements
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Contractor will provide a monthly report of how much residual, non
recyclable material was transported from the facility and where it was
5 2 transported to This report shall reflect all materials in tons
7 Contractor will provide all necessary transfer and/or transportation equipment,
personnel and supplies including but not limited to the following
71 Land
72 Loaders
73 Permits
74 Scales and transfer trucks
8 Contractor shall provide the following means of and location for the City's residential
and commercial recyclable material
81 Baling
8 2 Processing and sorting
9 Contractor shall provide all necessary buildings, equipment, land, personnel and
supplies including, but not limited to the following
91 Scales
9 2 Loaders
9 3 Tipping floors
9 4 Screens and separators
Other equipment, machines and permits associated with material recovery
9 5 operations
Contractor must submit payment to the City in the form of a check for revenues,once
10 per month based on the fixed per ton rate Check must be submitted by the 25th day
of the following month
Contractor shall be current with payments on any and all City contract accounts to be
eligible for bid submission Contractors who are not current with payments on any
11 and all City of Redlands accounts will not be considered for the Contract award
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EXHIBIT "B"
Price Sheet
A Year One 1 .
Item A B 'Total Price in'Figures
No. Item Dasscri tlori :Unit : stirrlated Pty. Unit Price ' -: B x C
1 Processing of Commingled Tons 9,000 $ 40•43 fron $ 363,85714
Recycling Material
2 Per Ton Residual Disposal Tons 1,700
Processing Fee $49 95 fron $ 84,915 00
Total A: $ 11,7114
13. Year Two 2 .
D
Item A ; B. G Total Price in Figures
No Ateni b scri tibr! Unit ;., .:Estimated Qt , Unit Price B X C
3. Processing of Commingled Tons 9,000 $43.30 ITon $ 389,680 71
R clm Material
4 Per Ton Residual Disposal Tans 1,700 Processnnq Fee $ 5220 (ipp $88,73818
Total B; $ 478,416 89
C. Year Three(3).
D
Item A. S = C Total Priee In Figures
No .Iiim Elescriptio ' ; ` Unit' Estimated Unit Price t3 x'C
5 Processing of Commingled Tons 9,000 $46.45 Iron $ 418,083.85
Recycling Material
g Per Ton Residual Disposal Tons 1,700
Pfmssing Fee $ 54.55 {Ton $92,729 30
Total C: $510,81315
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D. Year. rL41.
C D
Item A B Total Price in Figures
No. Item Deseri tlorl emit estimated Qty Unit Price B x C
7 PrcxeSSiFQOfCOWTO Toqs 9,0w $4927 Iron S443,443.99
Recyc5m pia al
8 Par Ton ReskW DispvA Tons 1,700 57 00
PrixesO►�Fee Iron $96,902.12
Total D: 3 54 34612
r Year�<avc s
D
Item A 8 G Total Price'ln Figures
No Item Description Unit Estimated QtX, Unit Price B x C
9 ftcegft oi Cwninjed Torts 9,000 $ 52.29_---------_tl'en $47b,599.99
Meierw
1 Per
ocessin eeatAisp al Tons 1,700 $59.57 fro n $ 101,262.72
f
e
Total E: $571,86210
F Total COW Vaact Amount for Five 5 Years-
Item No, Item Description Total Price in Figures D
11 Year 1—Total A $448,77214
I2 Year 2--Total B $ 478,416 89
is Year 3--Total C $ 61 a,$1315
14 Year 4---Total D � $ 640,34612
11 Year 5--Total E $ 571,862.70
Grand Total:
(Lines 11 three 13) $_2,660,211.00
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
(a) By being insured against liability to pay compensation by one or more Insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
f/CK I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct
CR&R Incorporated Date
Byj
Bob Williams, Director Municipal Recycling
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