HomeMy WebLinkAboutContracts & Agreements_14-1995_CCv0001.pdf AGREEMEN-T FOR PURCHASE OF RECYCLABLEM ALS
THIS AGREEMENT, is made and entered into this 7th day of March, 1995, by and
between the City of Redlands,a municipal corporation(hereinafter"City") and CR&R,Incorporated,
a California corporation (hereinafter"Contractor").
RECITALS
WHEREAS,in furtherance of the goals of AB 939,and for purposes of reducing the disposal
of wastes at, and extending the life of, its California Street Landfill, the City has implemented an
integrated waste management program which includes the recycling of certain materials; and
WHEREAS, Contractor currently provides services to City which includes the collection,
transport and purchase of recyclable materials from City, and has represented to City that it has the
requisite skill,knowledge and expertise to continue to perform the services required by City; and
WHEREAS, it is the desire of City and Contractor to enter into this written agreement to
memorialize the services currently provided by Contractor and required hereunder on the terms and
conditions specified herein;
NOW,THEREFORE,in consideration of the mutual promises contained herein, and for such
other good and valuable consideration,the receipt of which is hereby acknowledged,Contractor and
City agree as follows:
AGREEMENT
motion1-&61d&
The recitals contained herein are true and correct.
Contractor shall furnish all containers for the collection of recyclable materials(including flat
beds and 40 cubic yard bins)and shall be responsible for the transportation of the recyclable materials.
The term "recyclable materials" shall mean all materials,including paper,metals,plastics and glass,
as described in the"Service Inventory" attached hereto as Exhibit"A" and incorporated herein by this
reference.
See on 3. rices for Materials.
Contractor shall pay to City on a per pound or per ton basis, as appropriate, the rates for the
recyclable materials as specified in the "Service Inventory" attached hereto as Exhibit "A". Such
DPM450LF
rates shall be variable in nature and be subject to quarterly adjustment in accordance with the indexed
rates established by the California Integrated Waste Management Board. Payment for the recyclable
material shall be made to City as described in Exhibit"B."
Section 4. Term of Agr=m=L
The term of this Agreement s hall commence on the date first written above and shall continue
until terminated as provided for herein.
Section 5. Entire-A=nk-e=
This Agreement represents the entire agreement of the parties hereto as to the matters
contained herein. Any amendment of this Agreement shall be in writing, executed by the parties
hereto.
Section 6. Insurance
Contractor shall obtain, at its sole cost,a policy or policies of liability insurance of the type
and in the amounts described below and satisfactory to City. The policies, or certificates evidencing
the insurance required hereunder shall be filed with City prior to Contractor performing any work
pursuant to this Agreement. Except for workers'compensation insurance,City its elected officials,
officers and employees shall be named as additional insured on all policies required under this
Agreement, but only with respect to operations of Contractor relating to the performance of its
duties under this Agreement. Contractor's insurance coverage shall be primary as respects City, its
elected officials,officers and employees, and any insurance or self-insurance maintained by City, its
elected officials, officers and employees shall be in excess of Contractor's insurance and shall not
contribute with it.
A. Prior to the commencement of any work hereunder, Contractor shall provide
certificates of insurance with original endorsements, and copies of policies,if requested by City, of
the following insurance.
1. Workers' Compensation Insurance covering all employees and principals of
the Contractor,in the minimum amounts required by the Workers'Compensation laws of the State
of California.
2. Commercial General Liability Insurance covering third party liability risks,
including contractual liability, in a minimum amount of $1,000,000 combined single limit per
occurrence for bodily injury, personal injury, and property damage. If commercial general liability
insurance or other form with a general aggregate limit is used,either the general aggregate shall apply
separately to this project or the general aggregate limit shall he twice the occurrence limit.
Z, _
3. Commercial Auto Liability and Property Insurance covering any owned and
2
DJM450LE
rented vehicles of Contractor in a minimum amount of $1,000,000 combined single limit per
occurrence for bodily injury and property damage.
B. Said policy or policies shall be endorsed to provide that coverage shall not be
suspended,voided,canceled by either party,or reduced in scope of coverage or in limits except after
thirty(30)days prior written notice to City. Contractor shall give City prompt and timely written
notice of any claim made or suit instituted arising out of Contractor's operations hereunder.
Contractor shall also procure and maintain, at its own cost and expense, any additional kind and
amounts of insurance which, in its own judgement,may be necessary for its proper protection in the
prosecution of the work described herein.
C. Contractor shall include subcontracting parties, if any, as insured under its policies
and shall furnish City with separate certificates and endorsements evidencing the insurance
requirements specified herein, for each subcontractor hired by Contractor. All coverage for such
subcontractors shall be subject to the requirements stated herein.
Section 7. Indemnity.
Contractor shall defend, indemnify and hold City, its elected officials,officers, employees
and agents free and harmless from any and all claims, losses, actions and damages for personal
injury or property damage,including costs of suit and attorney's fees, arising out of or in connection
with any negligent or intentional acts of omissions of Contractor, its officers,employees and agents
in their performance of this Agreement.
Section 8. Independent Contractor.
At all times while performing its obligations under this Agreement, Contractor shall have the
status of an independent contractor and shall in no way be construed to be an employee of City.
Section 9. Termination.
This Agreement may be terminated by either-party,without cause,upon thirty(30)days prior
written notice to the other.
Section 10., -Attorney's Fees.
In the event any legal action is commenced to enforce or interpret the terms or conditions of
this Agreement, the prevailing party shall, in addition to any costs or other relief, be entitled to
recover its reasonable attorney's fees.
3
DfM45OLE
IN WITNESS N WWREOF, the parties hereto have executed this Agreement on the dad' and
year first written above.
CITY OF REDLANDS CR & COgO TED
_ , r Sigliature of Authorized ent
ayor
Attest:
City Cl k Title
ZIP
w
4
am 450LH
.:.... .....
y. .. _...:•:.:'.:::::._:: ISSUE UA It(MM1U V/T T)
2j28j95
:. ..
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
1iODU �.
RS CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
P E W
%lid Was Ins. Mgrs.
COMPANIES AFFORDING COVERAGE
/61
P.O. 7 2
COMPANY
9 Ic- LETTER A CALIFORNIA INS. CO. (COREGIS)
� dena, CA. 91109
COMPANY ry CALIFORNIA INS. CO. (COREGIS)
LETTER C3
INSURED
COMPANY
/^�
C R & R, INC. DBA: LETTER C
C R & R RECYCLING COMPANY D
LETTER
PO BOX 125
Stanton CA 94680 COMPANY'
LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EXCLUSIONSCERTIFICATE ANDYBE CONIDITIO CONDITIONS SUCH POLICIES. LIMITS SHOWN MAYRDED BY THE POLICIES HAVE BEEN REDUCED BOYEPAIDSCRIHEREIN IS SUBJECT TO ALL THE TERMS,
CLAIMS.
CO POLICY NUMBER POLICY EFF. POLICY EXP. LIMITfl50000 TYPE OF INSURANCE DATE (MM/DD/YY)GATE{MM100tYY}
LTR
A GENERAL LIABILITY TR9131319 6/30/94 6/30/95 GENERAL AGGREGATE
PROD-COMP/OP ACG.
X OMM.GENERAL LIABILITY
CLAIMS MADE X�CC. PERS.&ADV.INJURY
EACH OCCURRENCE
WNER'S&CONTRACT'S PRO
FIRE DAMAGE{One Fire}
MED.EXP. One PerB AUTOMOBILE LIABILITY TR9131319 6j30f94 6/30/95 COMBINED SINGLELIMIT
X ANY AUTO
ALL OWNED AUTOS BODILY INJURY
(Per Person)
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(Per accident)
NON-OWNED AUTOS
GARAGE LIABILITY PROPERTY DAMAGE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLAFORM AGGREGATE
THER THAN UMBRELLA FOR
STATUTORY LIMITS
WORKER'S COMPENSATION EACH ACCIDENT
AND DISEASE-POLICY LIMIT
EMPLOYERS'LIABILITY DISEASE-EACH EMP.
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
RE: OPERATIONS OF THE INSURED
ENDORSEMENT CG2010 ATTACHED y " {�
.. .
G`d1# Ci 1£-A,E't, N
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF REDLANDS : LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
MUNICIPAL UTILITIES DEPT. �::. LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES,
P.O. BOX 3005
tg
AUTHORIZED REPRESENT
REDLANDS, CA 92373
"�
POLICY NUMBER: TR9131319 commEmAL GENERAL uAatur-,
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY-
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM 13)
This endcrsernent modifies insurance provided under`lie foilowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
RE: OPERATIONS OF THE INSURED
Name of Person or Organization:
CITY, ITS ELECTED OFFICIALS, OFFICERS, & EMPLOYEES
(If no entry appears above.information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement-)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule. but only with respect, to liability arising out of**your work** for that insured by or for you.
CG 2010 11 SS Copyright. Insurance Sentices Of Inc_. 1984