Contract - CR&R Inc. - 2018-03-02 AGREEMENT FOR CONTRACTOR SERVICES
This Agreement ("AGREEMENT") is made and effective as of 2 day
of MOIYGh. 2018 between the Costa Mesa Sanitary District, a sanitary district
("DISTRICT"), and CR&R, Incorporated, a California Corporation ("CONTRACTOR"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
Recitals
WHEREAS, the DISTRICT has determined that it is advantageous and in the best
interest of the DISTRICT to provide Door-to-Door Household Hazardous Waste (HHW)
services; and
WHEREAS, CONTRACTOR is a California Corporation and District desires to
utilize the services of CONTRACTOR to provide Door-To-Door Household Hazardous
Waste (HHW) services to the immobile, seniors and disabled residents living within the
Costa Mesa Sanitary District (CMSD) service areas; and
WHEREAS, DISTRICT also desires CONTRACTOR pick-up fluorescent light
tubes and household batteries from the Orange Coast College (OCC) facility on an on-
call basis (typically every 4-6 weeks); and
WHEREAS, CONTRACTOR has been providing those services at the behest of
and direction of the DISTRICT since 2015 and the parties desire to recognize the services
provided in this AGREEMENT and provide authorization for the payments;
NOW, THEREFORE the parties hereto agree as follows:
1. TERM
The term of this AGREEMENT shall be for a period of three years from July 1,
2015 to June 30, 2018 with a one-year extension at the DISTRICT'S option. Option year
one, if exercised, shall be effective from July 1, 2018 to June 30, 2019.
2. SERVICES
CONTRACTOR shall perform the tasks described and set forth in Exhibit A, the
CR&R, Inc. Door-to-Door Household Hazardous Waste (HHW) services, attached hereto
and incorporated herein as though set forth in full. CONTRACTOR shall complete the
tasks according to the schedule of performance which is also set forth in Exhibit A. This
is a Door-to-Door program which schedules a collection date periodically as the needs
demands. From one or more days per month, HHW waste is collected from a residence.
In addition to the tasks describe in Exhibit A, CONTRACTOR shall also pick-up
fluorescent light tubes and household batteries from the OCC facility on an on-call basis •
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(typically every 4 to 6 weeks) and bill DISTRICT for disposal costs. The total cumulative
amounts billed to DISTRICT for pick-up and disposal of fluorescent light tubes and
household batteries from the OCC facility shall not exceed $20,000 in any one calendar
year.
3. PERFORMANCE
CONTRACTOR shall, at all times, faithfully, competently, and to the best of
his/her/its ability, experience, and talent perform all tasks described herein and in Exhibit
A. CONTRACTOR shall employ, at a minimum, generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of
CONTRACTOR hereunder in meeting its obligations under this AGREEMENT.
4. DISTRICT MANAGEMENT
The General Manager shall represent DISTRICT in all matters pertaining to the
administration of this AGREEMENT, including review and approval of all products
submitted by CONTRACTOR. Notwithstanding the foregoing, the General Manager's
authority to enlarge the tasks to be performed or change CONTRACTOR's compensation
is subject to Section 5 hereof.
5. PAYMENT
(a) DISTRICT agrees to pay CONTRACTOR, in accordance with Exhibit A,
attached hereto and incorporated herein by reference OR upon completion of the task.
This amount shall not exceed Sixty Thousand Dollars ($60,000) for the total term of this
AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
Said sum includes travel and other costs.
(b) CONTRACTOR shall not be compensated for any services rendered in
connection with its performance of this AGREEMENT that are in addition to those set
forth herein, unless such additional services are requested in a written change order and
are approved in advance and in writing by DISTRICT. The written change order
requirement cannot be waived. The General Manager may approve change orders for
additional work not to exceed the cumulative value of ten percent (10%) of the total
contract sum. Any additional work in excess of this cumulative amount shall be approved
by the Board of Directors.
(c) CONTRACTOR will submit invoices ($98.00 per collection) upon task
completion unless otherwise agreed. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. If DISTRICT disputes any of
CONTRACTOR's fees, DISTRICT shall give written notice to CONTRACTOR within thirty
(30) days of receipt of an invoice of any disputed fees contained in the invoice.
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6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The DISTRICT may, at any time, for any reason, with or without cause,
suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the
CONTRACTOR written notice. Upon receipt of said notice, the CONTRACTOR shall
immediately cease all work under this AGREEMENT, unless the notice provides
otherwise. If the DISTRICT suspends or terminates a portion of this AGREEMENT, such
suspension or termination shall not make void or invalidate the remainder of this
AGREEMENT.
(b) In the event this AGREEMENT is terminated pursuant to this Section, the
DISTRICT shall pay to CONTRACTOR the actual value of the work performed up to the
time of termination, provided that the work performed is of value to the DISTRICT.
CONTRACTOR shall immediately turn over all work-product to DISTRICT in a readily
usable form. Upon termination of the AGREEMENT pursuant to this Section, the
CONTRACTOR will submit an invoice to the DISTRICT pursuant to Section 5.
7. DEFAULT OF CONTRACTOR
(a) The CONTRACTOR's failure to comply with the provisions of this
AGREEMENT shall constitute a default. In the event that CONTRACTOR is in default for
cause under the terms of this AGREEMENT, DISTRICT shall have no obligation or duty
to continue compensating CONTRACTOR for any work performed after the date of
default and can terminate this AGREEMENT immediately by written notice to the
CONTRACTOR. If such failure by the CONTRACTOR to make progress in the
performance of work hereunder arises out of causes beyond the CONTRACTOR's
control, and without fault of negligence of the CONTRACTOR, it shall not be considered
a default.
(b) As an alternative to the procedure for immediate termination for default set
forth in subparagraph (a), if the District Manager or his/her delegate determines that the
CONTRACTOR is in default in the performance of any of the terms or conditions of this
AGREEMENT, he/she may in his/her discretion cause to be served upon the
CONTRACTOR a written notice of the default and demand to cure. The CONTRACTOR
shall have ten (10)days after service upon it of said notice to cure the default by rendering
a satisfactory performance. In the event that the CONTRACTOR fails to cure its default
within such period of time, the DISTRICT shall have the right, notwithstanding any other
provision of this AGREEMENT, to terminate this AGREEMENT without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or under
this AGREEMENT.
8. OWNERSHIP OF DOCUMENTS
(a) CONTRACTOR shall maintain complete and accurate records with respect
to the professional services required by this AGREEMENT and will produce the work
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product specified in Exhibit A and other such information required by DISTRICT that relate
to the performance of services under this AGREEMENT. CONTRACTOR shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible.
CONTRACTOR shall provide free access to the representatives of DISTRICT or its
designees at reasonable times to such books and records; shall give DISTRICT the right
to examine and audit said books and records; shall permit DISTRICT to make transcripts
therefrom as necessary; and shall allow inspection of all work, data, documents,
proceedings, and activities related to this AGREEMENT. Such records, together with
supporting documents, shall be maintained for a period of three (3) years after receipt of
final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT, all work
product reduced to any medium and other documents prepared in the course of providing
the services to be performed pursuant to this AGREEMENT shall become the sole
property of the DISTRICT and may be used, reused, or otherwise disposed of by the
DISTRICT without the permission of the CONTRACTOR. With respect to computer files,
CONTRACTOR shall make available to the DISTRICT, at the CONTRACTOR's office
and upon reasonable written request by the DISTRICT, the necessary computer software
and hardware for purposes of accessing, compiling, transferring, and printing computer
files. Said software and hardware shall be made available to DISTRICT at
CONTRACTOR's cost.
9. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for CONTRACTOR's services, to the fullest extent permitted
by law, CONTRACTOR shall indemnify, protect, defend, and hold harmless DISTRICT
and any and all of its officials, employees, and agents from and against any and all losses,
liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent
the same arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONTRACTOR, its officers, agents, employees, or SUBCONTRACTORs
(or any entity or individual that CONTRACTOR shall bear the legal liability thereof) in the
performance of professional services under this AGREEMENT.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the fullest extent permitted by law,
CONTRACTOR shall indemnify, defend, and hold harmless DISTRICT and any and all of
its employees, officials, and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or
threatened, including attorney's fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, pertain to, relate to, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this
AGREEMENT by CONTRACTOR or by any individual or entity for which CONTRACTOR
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is legally liable, including, but not limited to, officers, agent, employees, or
SUBCONTRACTORs of CONTRACTOR.
10. INSURANCE
Without limiting CONTRACTOR's indemnification of DISTRICT, CONTRACTOR
shall provide and maintain at its own expense during the term of this AGREEMENT,
policies of insurance of the type and amounts described below and, in a form, satisfactory
to DISTRICT.
General liability insurance. CONTRACTOR shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG
00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability, and a $2,000,000 completed operation aggregate.
Automobile liability insurance. CONTRACTOR shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of the CONTRACTOR arising out of or in
connection with work to be performed in connection with this AGREEMENT, including
coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain
an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that
will provide bodily injury, personal injury and property damage liability coverage at least
as broad as the primary coverages set forth above, including commercial general liability
and employer's liability Such policy or policies shall include the following terms and
conditions:
• A drop-down feature requiring the policy to respond in the event that any primary
insurance that would otherwise have applied proves to be uncollectable in whole
or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
Workers' compensation insurance. CONTRACTOR shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits
of at least $1,000,000) for CONTRACTOR 's employees in accordance with the laws of
the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall
require each subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the State of California,
Section 3700 for all of the subcontractor's employees.
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CONTRACTOR shall submit to DISTRICT, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of DISTRICT, its officers, agents,
employees and volunteers.
Proof of insurance. CONTRACTOR shall provide certificates of insurance to
DISTRICT as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by DISTRICT's risk manager prior to commencement of
performance. Current certification of insurance shall be kept on file with DISTRICT at all
times during the term of this contract. DISTRICT reserves the right to require complete,
certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration
of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by
CONTRACTOR, his agents, representatives, employees, or subcontractors.
CONTRACTOR must maintain general liability and umbrella or excess liability insurance
for as long as there is a statutory exposure to completed operations claims. DISTRICT
and its officers, officials, employees, and agents shall continue as additional insureds
under such policies.
DISTRICT's rights of enforcement. In the event any policy of insurance required
under this AGREEMENT does not comply with these requirements or is canceled and not
replaced, DISTRICT has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by DISTRICT will be promptly reimbursed by
CONTRACTOR or DISTRICT will withhold amounts sufficient to pay premium from
CONTRACTOR payments. In the alternative, DISTRICT may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VII (or larger) in accordance with the latest
edition of Best's Key Rating Guide, unless otherwise approved by the DISTRICT's risk
manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant
to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT, its
elected or appointed officers, agents, officials, employees and volunteers or shall
specifically allow CONTRACTOR or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. CONTRACTOR
hereby waives its own right of recovery against DISTRICT and shall require similar written
express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONTRACTOR
acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT
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to inform CONTRACTOR of non-compliance with any requirement imposes no additional
obligations on the DISTRICT nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features, or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or
broker and insurers to provide to DISTRICT with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed
to provide that DISTRICT and its officers, officials, employees, and agents shall be
additional insureds under such policies. This provision shall also apply to any excess
liability policies.
DISTRICT's right to revise requirements. The DISTRICT reserves the right at
any time during the term of the contract to change the amounts and types of insurance
required by giving the CONTRACTOR a ninety (90)-day advance written notice of such
change. If such change results in substantial additional cost to the CONTRACTOR, the
DISTRICT and CONTRACTOR may renegotiate CONTRACTOR's compensation.
Self-insured retentions. Any self-insured retentions must be declared to and
approved by DISTRICT. DISTRICT reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by DISTRICT.
Timely notice of claims. CONTRACTOR shall give DISTRICT prompt and timely
notice of claims made or suits instituted that arise out of or result from CONTRACTOR's
performance under this AGREEMENT, and that involve or may involve coverage under
any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work performed pursuant to this
AGREEMENT.
11. WORKERS' COMPENSATION
i. CONTRACTOR shall carry Workers' Compensation Insurance and require
all subcontractors to carry Workers' Compensation Insurance as required by the Labor
Code of the State of California. CONTRACTOR, by executing this AGREEMENT, hereby
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certifies:
"I am aware of the provisions of Section 3700 of the Labor Code
which require 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 of
this AGREEMENT."
ii. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally
make false statements about employees that misclassify their job duties to obtain lesser
premium costs or for other improper purposes. CONTRACTOR agrees that if it makes
false statements about its employees for the purpose of obtaining lower workers'
compensation premiums or for other unlawful purposes, it shall be considered a material
breach of this AGREEMENT.
12. INDEPENDENT CONTRACTOR
(a) CONTRACTOR is and shall at all times remain as to the DISTRICT a wholly
independent CONTRACTOR. The personnel performing the services under this
AGREEMENT on behalf of CONTRACTOR shall at all times be under CONTRACTOR's
exclusive direction and control. Neither DISTRICT nor any of its officers, employees, or
agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR's
officers, employees, or agents, except as set forth in this AGREEMENT. CONTRACTOR
shall not at any time or in any manner represent that it or any of its officers, employees,
or agents are in any manner officers, employees, or agents of the DISTRICT.
CONTRACTOR shall not incur or have the power to incur any debt, obligation, or liability
whatsoever against DISTRICT or bind DISTRICT in any manner.
(b) No employee benefits shall be available to CONTRACTOR in connection
with the performance of this AGREEMENT. Except for the fees paid to CONTRACTOR
as provided in the AGREEMENT, DISTRICT shall not pay salaries, wages, or other
compensation to CONTRACTOR for performing services hereunder for DISTRICT.
DISTRICT shall not be liable for compensation or indemnification to CONTRACTOR for
injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The CONTRACTOR shall keep itself informed of State and Federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this AGREEMENT. The CONTRACTOR shall at
all times observe and comply with all such laws and regulations. The DISTRICT and its
officers and employees shall not be liable at law or in equity occasioned by failure of the
CONTRACTOR to comply with this Section.
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14. UNDUE INFLUENCE
CONTRACTOR declares and warrants that no undue influence or pressure has
been used against or in concert with any officer or employee of the DISTRICT in
connection with the award, terms, or implementation of this AGREEMENT, including any
method of coercion, confidential financial arrangement, or financial inducement. No officer
or employee of the DISTRICT will receive compensation, directly or indirectly, from
CONTRACTOR or from any officer, employee, or agent of CONTRACTOR in connection
with the award of this AGREEMENT or any work to be conducted as a result of this
AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT
entitling the DISTRICT to any and all remedies at law or in equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of DISTRICT, or their designees or agents, and
no public official who exercises authority over or has responsibilities with respect to the
project during his/her tenure or for one year thereafter shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the project performed under this AGREEMENT.
16. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONTRACTOR in the performance of this
AGREEMENT shall be considered confidential and shall not be released by
CONTRACTOR without DISTRICT's prior written authorization. CONTRACTOR and its
officers, employees, agents, or SUBCONTRACTORs shall not, without written
authorization from the General Manager or unless requested by the District Counsel,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this
AGREEMENT or relating to any project or property located within the DISTRICT.
Response to a subpoena or court order shall not be considered "voluntary" provided
CONTRACTOR gives DISTRICT notice of such court order or subpoena.
(b) CONTRACTOR shall promptly notify DISTRICT should CONTRACTOR or its
officers, employees, agents, or SUBCONTRACTORs be served with any summons,
complaint, subpoena, notice of deposition, request for documents, interrogatories,
requests for admissions, or other discovery request, court order, or subpoena from any
person or party regarding this AGREEMENT or the work performed thereunder or with
respect to any project or property located within the DISTRICT. DISTRICT retains the
right, but has no obligation, to represent CONTRACTOR and/or be present at any
deposition, hearing, or similar proceeding. CONTRACTOR agrees to cooperate fully with
DISTRICT and to provide the opportunity to review any response to discovery requests
provided by CONTRACTOR. However, DISTRICT's right to review any such response
does not imply or mean that DISTRICT has a right to control, direct, or rewrite said
response.
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(c) CONTRACTOR covenants that neither he/she/it nor any officer or principal
of their firm have any interest in, or shall acquire any interest, directly or indirectly, which
will conflict in any manner or degree with the performance of their services hereunder.
CONTRACTOR further covenants that in the performance of this AGREEMENT, no
person having such interest shall be employed by it/them as an officer, employee, agent,
or SUBCONTRACTOR. CONTRACTOR further covenants that CONTRACTOR has not
contracted with nor is performing any services, directly or indirectly, with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the
DISTRICT or the study area and further covenants and agrees that CONTRACTOR
and/or its SUBCONTRACTORs shall provide no service or enter into any agreement or
agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) owning property in the DISTRICT or the study area prior to the completion
of the work under this AGREEMENT.
17. NOTICES
Any notices which either party may desire to give to the other party under this
AGREEMENT must be in writing and may be given by: (i) personal service, (ii) delivery
by a reputable document delivery service, such as, but not limited to, Federal Express,
which provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may later
designate by notice:
To DISTRICT: Costa Mesa Sanitary District
290 Paularino Ave
Costa Mesa, California 92626
Attn: Nabila Guzman, Management Analyst I
To CONTRACTOR: CR&R Incorporated
11292 Western Avenue
P.O. Box 125
Stanton, CA 90680
Attn: Dean Ruffridge, Senior VP Solid Waste
18. ASSIGNMENT
The CONTRACTOR shall not assign the performance of this AGREEMENT, nor
any part thereof, nor any monies due hereunder, without prior written consent of the
DISTRICT.
19. LICENSES
At all times during the term of this AGREEMENT, CONTRACTOR shall have in full
force and effect all licenses required of it by law for the performance of the services
described in this AGREEMENT.
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20. GOVERNING LAW
DISTRICT and CONTRACTOR understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation
concerning this AGREEMENT shall take place in the superior or federal district court with
jurisdiction over the DISTRICT.
21. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating
to the obligations of the parties described in this AGREEMENT. All prior or
contemporaneous agreements, understandings, representations, and statements, oral or
written, are merged into this AGREEMENT and shall be of no further force or effect. Each
party is entering into this AGREEMENT based solely upon the representations set forth
herein and upon each party's own independent investigation of any and all facts such
party deems material.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONTRACTOR is bound by the contents of Exhibit A, hereto and incorporated
herein by this reference. In the event of conflict, the requirements of DISTRICT's Request
for Proposals and this AGREEMENT shall take precedence over those contained in the
CONTRACTOR's proposals.
23. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and
signed by authorized representatives of the parties hereto. This written modification
requirement cannot be waived.
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONTRACTOR
warrant(s) and represent(s) that he/she/they has/have the authority to execute this
AGREEMENT on behalf of the CONTRACTOR and has/have the authority to bind
CONTRACTOR to the performance of its obligations hereunder.
25. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other
document, including any proposal or Exhibit hereto, this AGREEMENT shall control
unless a contrary intent is clearly stated.
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26. BUSINESS LICENSE
CONTRACTOR shall obtain a business license from the City of Costa Mesa unless
legally exempt.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed this day and year first above written.
COSTA MESA SANITARY DISTRICT CR&R, INCORPORATED
CONTRACTOR
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Genera_Manager Signature
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Typed Name
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APPROVED TO FORM:
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By:
District Counsel
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EXHIBIT A
.....:....::.......:.:::
Exhibit"A"
COSTA MESA SANITARY DISTRICT PROPOSAL
FROM CR&R INCORPORATED
Dated August 7, 2012
Specifications for Universal Waste and Household Hazardous Waste Handling
Services
Overviewfi
The purpose of this program is to improve collection of universal and household
hazardous waste items, divert from landfilling of these materials, and to assist the Costa
Mesa Sanitary District on its Road to Zero Waste. The program consists of door-to-door
collection of these wastes for single family and multifamily residential CMSD customers.
This program will be handled as an on-call and on-collection day basis similar to the
existing bulky-item collection program. We understand that the CMSD would like to
continue to receive calls for this special service to track as well as to issue work orders
to CR&R for scheduling. Once CR&R receives the request from CMSD, our customer
service department will call the customer to arrange for the collection. CR&R will then
be responsible for proper collection, transport, disposal or recycling of the waste
materials.
Wastes Accepted
1. Wastes identified as universal wastes in Section 66261.9 of Title 22 of the
California Code of Regulations, generated by a single family or multifamily
residence, including but not necessarily limited to:
• Fluorescent bulbs and tubes (not longer than 4 feet), and other mercury
containing lamps, including high intensity discharge (HID) metal halide, sodium,
and neon bulbs;
• Common household batteries (e.g. D, C, AA, AAA, button-type, etc);
• Non-empty aerosol cans;
• Electronic devices (e.g. televisions; computers, monitors, keyboards, mice,
printers, desk copiers, scanners and multi-function machines; VCR's and
DVD/CD/Tape players; cell phones; microwaves, toasters, irons, stereos,
speakers, and cables); and
• Mercury containing devices (e.g. lamps, thermometers, thermostats, gauges,
electronic switches, etc.).
2. Automobile batteries up to 5 per collection.
CMSD HHW Proposal 8-7-2012
1+1
� (1
Exhibit°A°
3. Household hazardous waste, generated by a single family or multifamily
residence, including but not necessarily limited to:
• Automotive maintenance and repair products (e.g. motor oil, oil filters, antifreeze;
lead-acid batteries, brake fluid,waxes, Polishes, cleaners, oily rags, transmission
fluid, windshield washer fluid, etc.);
• Lawn and garden chemicals (e.g. pesticides, insect sprays, weed killers, I;
herbicides,fungicides, etc.); I
• Cleaning products (e.g. bathroom cleaners, drain cleaners, chlorine bleach, ,
• solvents,oven cleaners, tile cleaners, rust removers, etc.);
• Home improvement supplies (e.g. stains, latex paints,_ oil base paints, spray
points,varnish, paint thinners, chemical strippers, glue, pool.chemicals, etc.); and1.
• Swimming pool Chemicals including pool acid, chlorine tablets and liquids, etc.
Wastes Not Accepted
• Any waste generated in the course of operating a business concern at a ;•
residence, or other business-generated waste.
• Sharps.
• Any waste that does not fall within the categories described above, including: •
• Controlled Substances
• Biological waste
• Radioactive materials •
• Ammunition
• Explosives
• Leaking containers
• Unknowns (must be tested)
• Pressurized cylinders
• Tires
• Asbestos
• Liquid mercury
• Drugs(pharmaceuticals)
• Leaking containers •
• • Asbestos
• Construction Materials
Notification and Outreach
CR&R will provide ongoing notification to all residential accounts via the bi-annual
brochures. Information provided shall include but not necessarily be limited to:
• The CMSD telephone number to call to arrange for collection of accumulated
wastes.
CMSD 1.11-1W Proposal 8-7-2012
tlk
Exhibit"A"
• How to handle these wastes, store them until there is a sizable quantity for
collection, and place them in a container(such as a cardboard box) for collection 4
by CR&R crews. .
• Thresholds for minimum quantities required for a pickup request and also
maximum quantities per pickup(to prevent abuse).
• Special assistance available for seniors and disabled persons. =h
Basic Program Operation
I. Resident calls CMSD to schedule a pickup. In turn, CMSD e-mails CR&R
customer service the work order request. CR&R customer service calls resident. f<
At this time CR&R's Customer Service Representative (CSR) and resident will
determine mutually, -a safe and convenient location on their property for
placement of the accumulated materials. The CSR will provide information on I
how to properly store and package accumulated materials, and when to place
materials at the agreed upon location. In addition, the CSR will inform the L
customer two times during the conversation that only the items listed on the work
order will be collected by the CR&R crew. This is due to vehicle limits daily as
• well as tracking of the items daily via the computer generated spread sheet,
2. The pickup will generally be on the resident's normally-scheduled solid waste
collection day.
3. On the scheduled day, the resident places packaged waste materials in the
previously agreed upon location on their property for collection.
4. On the scheduled day, a CR&R crew arrives and inspects the materials, and
collects acceptable materials to the collection vehicle.
5. The materials are then sorted by hazard class and placed into proper containers
within the collection vehicle.
6. If residents leave unacceptable materials, the unacceptable materials will be
carefully re-packaged (when safe to do so), and an information card will be
• placed with the unacceptable materials informing the resident on proper disposal
options or to call for further instructions.
7. Before leaving, the CR&R crew will leave a receipt to document the time and
date of collection, as well as the type and quantity of materials that were
collected.
8. CR&R will ensure that the collected materials are properly transported to final
recycling disposal facilities.
Operations
• CR&R will use fully-enclosed, cube-type, two-axle vans for this collection service.
• CR&R will use a separate property apart from any existing solid waste site for the
consolidation and packaging of these materials for proper recycling or disposal.
• • CR&R shall strive to maximize recycling of collected wastes.
• For non-program calls received by CR&R, CR&R shall refer these to the City's
hotline number if appropriate.
CMSD 13HW Proposal 8-7-2012
Exhibit"A"
• CR&R shall maintain Environmental Pollution Control Insurance coverage,
naming the CMSD as an additional insured.
• CR&R shall maintain registration as a registered hazardous waste transporter in
good standing with the State of California.
• Vehicle drivers must have a Department of Motor Vehicle issued HAZMAT
endorsement on the operator's license.
• Collection personnel have received certification of a 40-hour HAZWOPER
training and current certifications.
• Prior to transport, collected materials must be separated and secured to avoid
contact with incompatible substances. All materials must be packaged and
transported in compliance with applicable local, State and Federal regulations.
The secondary containers within the vehicle will be labeled per.DOT Hazardous
waste regulations, and include containers secured to the walls and floor of the 3
transport vehicle per DOT instructions, at the rear of the vehicle for ease of
unloading. Approved containers include 55 gallon drums, 35 gallon ploy screw
top drums, and 5 gallon screw top lid drums. Each container will be marked with
secure labels for items containers within the container. The storage containers
will be segregated by commodity and kept separate from unlike or non-
compatible household waste. CR&R will only collect household items that are in
their original (sealed)packaging.
• At the end of each collection day, the vehicle will go to the permitted
consolidation property on Lampson in Garden Grove and unload all items before
finishing the day. The materials will be placed in approved on-site containers
and lab-packed for manifesting and shipment by our Hazardous Waste Hauling 1
Vendor.
• CR&R Customer Services Representatives will have listings of accepted wastes
and required minimum and maximum per pickup thresholds. As calls are
received, our CSR's are trained to list the collection commodities by types. (i.e.,
batteries, paint, tubes, etc.), as well as quantities. Due to our DOT restrictions on
quantities collected per vehicle, we have instructed our trained drivers to only
collect what is on the work order. The CSR informs the customer twice, that we
will only pick up what is on the work order. Once collected,the Consolidation site
supervisor verifies quantities and inputs the items on a daily spread sheet by
municipality. The computer system keeps track of quantities of items for each
collection day, so we do not over-collect any item.
• Materials must be weighed or counted as appropriate at the time of pickup to rate
reporting of data. Estimated weights or quantities may be accepted subject to
review and approval of CMSD of CR&R weighing estimation procedures.
Reporting and Documentation
• Reports shall detail all materials collected, pounds or quantities her home, and
other relevant details as may be required by the City.
• The manifesting and shipping of material will be completed at the consolidation
point (Lampson Street Property) by our vendor (PSC) at the scheduled time of
pick up prior to the transportation of the material. Our drivers will be keeping a
CMSD HHW Proposal 8-7-2012
Exhibit AN
triplicate copy of the shipping receipt which will be used at the time of door to
door pick up. This information will be consolidated by the Consolidation Site
supervisor and kept on file at location.
Pickup Thresholds
CR&R to provide a listing, for review and approval by the CMSD of maximum
• material pickup quantities, and also to designate maximum pickup frequencies to
be reviewed and approved.
• Limits of Collection Proposal are as follows: up to 5 gallons of oil based paint, 10
gallons of water based paints, and up to 100 pounds of materials per collection.
Permitting Requirements '<
• Permits will be required at both the CR&R Consolidation Site (Lampson Ave, in
Garden Grove) and.for the Collection through the Orange County LEA. The LEA
requires a minimum of 45 days to process the application.
• The Consolidation Permit will be handled by CR&R.
• A Permit By Rule (PBR) is required of the governmental agency authorizing the
collection. As such, the CMSD will apply for an EPA Identification Number as the
generator. CR&R will complete all forms for CMSD signature. This is a no fee
approval.
• CR&R suggests a minimum of 60 days to complete all permitting and begin the
program.
Fee Rate and Billing Method
$98.00 per collection
Clean-up and Spill Equipment for Vehicles and Personnel:
Each driver will have the required PPE equipment and spill kit to handle (contain)
minor spills, in addition to having a designated first responder who will respond
and assess the site; we are still in the process of verifying a vendor that we will
use for HHW spills. Below Is the equipment each driver will carry:
✓ Two(2) Protective Coveralls
✓ Half Face Respirator with two (2)filters
✓ Respirator Storage bag
✓ Nitrile Gloves
✓ Leather Gloves
✓ Safety Equipment Cleaning Pads
✓ Rubber Boots
✓ Splash Resistant Safety Goggles
✓ Duct tape
✓ Duffle bag containing PPE
CMSD HHW Proposal 8-7-2012