HomeMy WebLinkAboutContracts & Agreements_29-1991_CCv0001.pdf 1222 WESTERN AVE.
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PFJ.BOX'25
STANTON,CA 90680
YMST ■.,.,a•NSIC I OF 'AC:'EEMEW 14-826--9049
FM PLUKIPM OF RWYCI.AME NV`IIERMAS
nils agreement, is made and entered into this 1st (18th) day of
July, 1991 (September, 1990) , by and between the City of Redlands, a
municipal corporation (hereinafter "City") and CR&R, Incorporated, a
California corporation (hereinafter "Contractor") .
Whereas, in furtherance of the goals of AB939, 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, City has solicited proposals from contractors for the
collection, transportation and purchase of recyclable material; and
Whereas, Contractor has submitted to City a proposal to collect,
transport and purchase recyclable materials from City, and has
represented to City that it has the requisite skill, knowledge and
expertise to perform the services required by City- in its request for
pry; and
Whereas, it is the desire of City to contract with Contractor to
perform the services 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, receipt of
which- is hereby acknowledged, Contractor and city agree as follows.
A��
Section 1. Recitals. The recitals contained herein are true and
correct.
Section 2. Scope of Work. Contractor shall furnish all containers for
the collection of recyclable materials (including, but not limited to,
flat bed and 40 cubic yard bins) and shall be responsible for the
transportation of the recyclables 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.
Section 3. Prices payment 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 rates shall be variable in nature and be
subject to monthly (quarterly) adjustment by contractor.
Contractor will provide, in writing, these rates (see Exhibit 'C') by
the 3rd working day of each month (i.e. May 3, 1991 for prig
effective during May, 1991). City retains the right to confirm these
rates as consistent with indust markets by obtaining nq from
other recyclers (in accordance with the indexed rates established by
the California Integrated Waste Management Board.) . The.- City retains
the riot to utilize other markets for maximi net profit per cdity
but only if Contractor cannot match competitive net prices prig after
transportaticn bets is considered upon formal, written Mice from
City. Transportation will be charged by Contractor to City in
accordance with Exhibit 'A' and shall be increased annually for
czar price indexing only. Payment and reporting (see Exhibit IBI)
for t e recyclable material shall be made to Citi -on.-Cale following
basis:
Within 30 days from the last day of each month.
Section 4. Term of Agreement. The term of this Agreement shall be
from July 2, 1991 (September 1, 1990) to June 30, 1993 (1991) .
Prior to the expiration of the Term, upon thirty days written notice to
City, contractor may request city renew this Agreement on such terms
and conditions as may be agreed upon by Contractor and City for an
additional term of two to five years. The parties agree that either
may terminate this Agreement within thirty (30) days by written notice
to the other of such termination.
Section 5. Entire Agreement. The complete Agreement between
Contractor and City includes this Agreement and City's Rpt for
Proposal, Exhibits 'A' and 'B' and C' all required insurance policies
and certificates, and the Faithful Performance Bond. These docents
comprise the entire agreement of the panties hereto as to the matters
contained herein. Any amendment of the agreement shall be in writing,
executed by the parties hereto.
section 6. InsurAnce. Contractor shal1-obtain,, at,-+cs sole cost, a
policy or policies of liability insurance of the type and in the
amounts described below and satisfactory to City. Such policies, or
Certificates evidencing the insurance required thereunder, shall be
filed with City prior to Contractor performing any work pursuant to
this Agreement. Except for Worker's Compensation _Insurance, City, its
elected officials, officer and employees shall be named as additional
insureds on all policies required under this Agreement, but only with
respect to operations of the contractor relating to the performance of
duties under the 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
tractor's insurance and shall not contribute with it.
A. Prior to the commexxxmient, of any work hereunder, Contractor shall
provide certificates of insurance with original endorsements, and
copies of policies, if request by City, of the following insurance with
Best, Class B or better carriers:
1. Workers' Compensation Insurance covering all employees and
principals of the Contractor, in a minim m amount. of
$1,000,000 per occurrence, in compliance with the Worker's
Compensation laws of the State of California.
2. Commercial General Liability Insurance covering third party
liability risks, including contractual liability, in a
minincum 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 seal i be twice tries occurrence
limit.
3. Commercial Auto Liability and Property Insurance covering any
owned and 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 of policies shall be endorsed to provide that coverage
shall not be vispended, voided, canceled by either party, or reduced in
scope of coverage or in limits except after thirty (30) days prior
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 is own judgment, 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 is policies or shall furnish City with separate certificates and
endorsement-.s evidencing the insurance requirement specified herein, for
each subcontractor hired by Contractor. All Coverage for such
subcontractors shall be subject to the requirements stated herein.
Section 7. Indemni �. C ,retractor nall:c4�w.� =�"-Iennify .&d hold
City, its elected officials, officers, employees and agents free and
harmless frcmi 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 connections with any negligent or
intentional acts or omissions of Contractor, its officer, employees and
agents in their performance of this Agreement.
EXHIBIT "Alf
CITY OF REDIANDS/CR&R, INCORPORATED
SERVICE INVENTORY
TRANSPORTATION
COST PER TON SIZE OF PRICE PER TON
PRICE PER OR PER IDAD** PROPOSED AF'.ER TRANS
MATERIAL IB OR TON (ROUND TRIP) CONTAINER 10 TONS/CONT
PAPER:
Newspaper
(mill grade) $ 40.00/ton $140.00/cont. 40 c.y. bin $ 26.00/ton
Computer $ 240.00/ton $140.00/cont. 40 c.y. bin $ 226.00/ton
Laserprint $ 200.00/ton $140.00/cont. 40 c.y. bin $ 186.00/ton
White Ledger $ 140.00/ton $140.00/cont. 40 c.y. bin $ 126.00/ton
Corrugated
-baled $ 55.00/ton $270.00/load Flat Bed (20 tons) $ 41.50/ton
-loose $ 55.00/ton $270.00/load Flat Bed ( 5 tons) $ 1.00/ton
METALS:
Alum. Cans $2080.00/ton $140.00/cont. 40 c.y. bin (2.25 tons) $2017.00/ton
Alum. Scrap
-dicast $ .15/1-b $140.00/cont. 40 c.y. bin
--cast $ .15/1-b $140.00/cont. 40 c.y. bin
Copper
#1 $ .40/1-b $140.00/cont. 40 c.y. bin
#2 $ .30/1-b $140.00/cont. 40 c.y. bin
#3 $ .20/lb $140.00/cont. 40 c.y. bin
Brass
-red $ .25/lb $140.00/cont. 40 c.y. bin
-yellow $ .20/lb $140.00/cont. 40 c.y. bin
Steel $ 30.00/ton $140.00/cont. 40 c.y. bin
Ferrous Mixed $ 30.00/ton $140.00/cont. 40 c.y. bin
Nonferrous
Mixed $ 30.00/ton $140.00/cont. 40 c.y. bin
Tin Cans $ 35.00/ton $140.00/cont. 40 c.y. bin
PLASTICS:
PET
-loose $ 960.00/ton $140.00/cont. 40 c.y. bin 580.00/ton
HDPE
_loose $ 40.00/ton $140.00/cont. 40 c.y. bin
GLASS:
-3-color
mixed $ 0.00/ton $140.00/cont. 40 c.y. bin ($ 14.00)/ton
-clear $ 60.00/ton $140.00/cont. 40 c.y. bin $ 46.00/ton
-amber/green
-mixed - $ 40.00/ton $140.00/cont. 40 c.y. bin $ 26.00/ton
*Prices are variable, adjusted on a monrldy basis.
**40 cubic yard containers must be transported two (2) at a time.
California Redemption included on aluminum, glass, and PEI' pricing.
P
UOI EXHIBITR CE
'S' �usTolu�R it
R CITY OF REDLANDS
71463
H ❑ P.O. BOX 3005
5 M ANDS, CA :uwaceoitTE fTl f
E BILL KEEL. 92373 4/17/91 �
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5 39884
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WESTERN AVE.
P.O.O.BOX 125 Cor! i ft's. I
STANTON.CA 90680
T INC0RPapAT80 (714)826-9049 .
L
CONTAINER 512E IN NO. OUT NO, CDR BILL OF LAOlNp �i` TRANSFER '
TYPE ;CUSTOMER NO. :IT,e 'f.r 1fi1Ha. �oER II��.
Iur} IDUT} dnER No
RELEIUE Np- :'r . .
722 BY PU 100 219589
PACKAGE TYPE NO.OF WEIGHT .
PACKAGES TICKET NO.
TERMS
LOOSE 1 46202 NET 30 DAYS
DATE DESCRIPTIO! SER COMMODITY■ NET WEIGHT 1
co LBS• PRICE/PER.-;, r. f: ► utOUNT,
4/17/91 PLASTIC (P-E.T. ) — LOUSE UL 405250 290 .360000 LEt 144,40
FREIGHT CHf1RSES 130,00 �
REDEMPTION VALUE 1320 246 .3256 LP 80411 #
AUMINSTRATION FEE 1342 .40
PROCESSING FEE 1347 12*39.
I Fads cowTRa 4F^MFI
B
Irv, CUSTOMER
12292WESTERN AVE
y ,} i wcowow.*ya
(V•iiV't PA Box 125
STANMN,CA 90680
714-826-9049
MEMPAN=-
D=: April 30, 1991
TO:
FRC M: Jahn Giroux
SUBJECT: Contract Pricing - May 1991
Ccm��odity Sczap/Tcm
ONP
Mixed Paper
Flint Glass
Amber Glass
Green Glass
Mixed Glass
Tin
Aluminum
PET
HDPE
Residue
*California Redemption is not included with this pricing.
,,§ Rfac Eo PAPER
Section 8. guarantee of Performance.
Concurrent with the execution of this Agreement, Contractor shall
provideCity with a faithful performance bord from contractor in the
amount of Ten Thousand ($14,000) dollars guaranteeing Contractor's
performance of its obligations required hereunder. Such bona shall be
in the form specified by City.
Section 9 I .eperent Contractor. At all times while performing its
obligations under this Agrement, Contractor shall have the status of
an independent Contractor and shall in no way be construed to be an
mplcyee of City.
Section 20. Attorney's Fees. In the event any legal action is
ccmmwzx)ed: 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 its reasonable attorney's fees.
In Witness h'hereo=, the parties hereto have executed this Agreement on
the day and year first written above.
CITY OF REDIANDS CR&R INCORPORATID
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signatur of Authorized
Agent
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ATTEST:
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