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HomeMy WebLinkAboutContracts & Agreements_29-1991_CCv0001.pdf 1222 WESTERN AVE. aar_s rimes 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 � ° L r 5 39884 ❑ r 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 r# � signatur of Authorized Agent �• 4 itle ATTEST: c � t