2016/07/01 CR&R, Inc. FY17 Environmental Services (6) CITY OF MENIFEE
CONTRACTOR AGREEMENT
THIS CONTRACTOR AGREEMENT ("Agreement") is made and effective this July 1,
2016 ("Effective Date") by and between the CITY OF MENIFEE, a California municipal
corporation, ("City") and CR&R Incorporated, a California Corporation (Contractor"). City and
Contractor may sometimes herein be referred to individually as a "Party" and collectively as the
"Parties."
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Contractor shall provide
to City the services described in the Scope of Services, attached hereto as Exhibit A and
incorporated herein by this reference (the "Services"). Contractor will perform subsequent task
orders as requested by the Contract Administrator (as defined below), in accordance with the
Scope of Services. In the event of a conflict in or inconsistency between the terms of this
Agreement and Exhibit A,this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on July 1, 2016 and
shall end on June 30, 2017 unless the term of this Agreement is otherwise terminated or
extended as provided for in Section 8. The time provided to Contractor to complete the Services
required by this Agreement shall not affect City's right to terminate this Agreement, as provided
for in Section 8.
1.2 Standard of Performance. Contractor represents and warrants that Contractor is a
provider of first class work and services and Contractor is experienced in performing the
Services contemplated herein and, in light of such status and experience, Contractor shall
perform the Services required pursuant to this Agreement in the manner and according to the
standards observed by a competent practitioner of the profession in which Contractor is engaged
in the geographical area in which Contractor practices its profession and to the sole satisfaction
of the Contract Administrator.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Contractor
shall, immediately upon receiving notice from City of such desire of City, reassign such person
or persons.
1.4 Time. Contractor shall devote such time to the performance of the .Services
pursuant to this Agreement as may be reasonably necessary to satisfy Contractor's obligations
hereunder.
1.5 Authorization to Perform Services. Contractor is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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7630549.2 a06/17/16 EXHIBIT A
SECTION 2. COMPENSATION.
City hereby agrees to pay Contractor a sum not to exceed THIRTY-TWO THOUSAND
DOLLARS ($32,000.00) on an annual fiscal basis,notwithstanding any contrary indications that
may be contained in Contractor's proposal, for the Services to be performed and reimbursable
costs incurred under this Agreement. An annual fiscal basis shall be defined as July 1 through
June 30 of the subsequent year. In the event of a conflict between this Agreement and Exhibit A,
regarding the amount of compensation, this Agreement shall prevail not withstanding the fact
that the City shall pay Contractor on a per curb mile and hourly basis for the work to be
performed. In addition, the rates identified in Exhibit A shall be adjusted annually by CPI as
defined in the Scope of Work (see Attachment A). City shall pay Contractor for the Services
rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Contractor for the Services
rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner
specified herein. Except as specifically authorized in advance by City, Contractor shall not bill
City for duplicate services performed by more than one person.
2.1 Invoices. Contractor shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Invoice number on bills; i.e., Invoice No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period;
G. Information containing the amount of the immediate prior month's
billing, the total due this period and the total number of curb miles swept
for the billing period as outlined in Exhibit"A".
d. Receipts for expenses to be reimbursed
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29714 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for the Services satisfactorily performed, and for authorized reimbursable costs
incurred. City shall have thirty(30) days from the receipt of an invoice that complies with all of
the requirements above to pay Contractor.
2.3 Final Pa, ment. City shall pay the last five percent(5%) of the total amount due
pursuant to this Agreement within sixty(60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
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2.4 Total Payinent. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing
prior to the submission of such an invoice.
2.5 Fees. Fees for the Services performed by Contractor on a curb mile and hourly
basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
Adjustments to these fees shall be governed by the Annual Rate Adjustment provision included
in Exhibit"A".
2.6 Reimbursable Expenses. Reimbursable expenses are included within the
maximum amount of this Agreement.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Contractor terminates this
Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Contractor shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. In no
event shall City be required to furnish any facility that may involve incurring any direct expense,
including but not limited to computer, long-distance telephone or other communication charges,
vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and
expense, shall procure the types and amounts of insurance checked below and provide
Certificates of Insurance, indicating that Contractor has obtained or currently maintains
insurance that meets the requirements of this section and which is satisfactory, in all respects, to
City. Contractor shall maintain the insurance policies required by this section throughout the
term of this Agreement. The cost of such insurance shall be included in Contractor's
compensation. Contractor shall not allow any subcontractor, consultant, or other agent to
commence work on any subcontract until Contractor has obtained all insurance required herein
for the subcontractor(s) and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution. Contractor
acknowledges the insurance policy must cover inter-insured suits between City and other
Insureds.
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4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor pursuant to the provisions of the California
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE
MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may
rely on a self-insurance program to meet those requirements, but only if the program of self-
insurance complies fully with the provisions of the California Labor Code. Determination of
whether a self-insurance program meets the standards of the California Labor Code shall be
solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or
Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation
against City and its officers, officials, employees, and authorized volunteers for loss arising from
the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Contractor, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement
in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence,
combined single limit coverage, for risks associated with the Services contemplated by this
Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO
MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a
Commercial General Liability Insurance or an Automobile Liability Insurance form or other
form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the Services to be performed under this Agreement or the general aggregate limit
shall be at least twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury, including death
resulting therefrom, and damage to property resulting from the Services contemplated under this
Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached
limiting the coverage.
C. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis,
and not on a claims-made basis.
b. Any failure of Contractor to comply with reporting provisions of
the policy shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
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4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and
admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Contractor shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: City
of Menifee Street Sweeping. The name and address for Additional Insured endorsements,
Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29714 Haun Road,
Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of
ongoing and completed operations by or on behalf of Contractor..
C. Notice of Reduction in or Cancellation of Coverage. Contractor shall
provide written notice to City within ten (10) working days if. (1) any of the required insurance
policies is terminated; (2)the limits of any of the required polices are reduced; or (3)the
deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Contractor,
including the insured's general supervision of Contractor; products and completed operations of
Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles
owned, leased, or used by Contractor in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection
afforded to City or its officers, employees, agents, or authorized volunteers. The insurance
provided to City as an additional insured must apply on a primary and non-contributory basis
with respect to any insurance or self-insurance program maintained by City. Additional insured
status shall continue for one (1) year after the expiration or termination of this Agreement or
completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Contractor shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of
the Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Contractor may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
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Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Contractor procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense expenses that is satisfactory
in all respects to each of them.
f. Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to,
approve in writing a variation in the foregoing insurance requirements, upon a determination that
the coverage, scope, limits, and forms of such insurance are either not commercially available, or
that City's interests are otherwise fully protected.
4.4 Remedies. In addition to any other remedies at law or equity City may have if
Contractor fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option, exercise any of the
following remedies, which are alternatives to other remedies City may have and are not the
exclusive remedy for Contractor's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Contractor to stop work under this Agreement or withhold any
payment that becomes due to Contractor hereunder, or both stop work and
withhold any payment, until Contractor demonstrates compliance with the
requirements hereof, and/or
C. Tenninate this Agreement.
SECTION 5. INDEMNIFICATION.
To the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with
counsel selected by City), and hold harmless City, and any and all of its officers, employees,
officials, volunteers, and agents from and against any and all claims, losses, costs, damages,
expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at
law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind
(including reasonable consultant and expert fees and expenses of investigation, costs of whatever
kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel
retained by City) and any judgment, where the same arise out of, 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 is legally liable, including but not limited to
officers, agents, employees or subcontractors of Contractor.
The provisions of this Section 5 do not apply to claims occurring as a result of City's sole
or active negligence. The provisions of this Section 5 shall not release City from liability arising
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from gross negligence or willful acts or omissions of City or any and all of its officers, officials,
employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of City. City shall
have the right to control Contractor only insofar as the results of the Services rendered pursuant
to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however,
otherwise City shall not have the right to control the means by which Contractor accomplishes
the Services rendered pursuant to this Agreement. The personnel performing the Services under
this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive
direction and control. Contractor shall not at any time or in any manner represent that it or any
of its officers, employees, or agents is in any manner officers, officials, employees, or agents of
City. Contractor shall not incur or have the power to incur any debt, obligation, or liability
whatever against City, or bind City in any manner. Except for the fees paid to Contractor as
provided in this Agreement, City shall not pay salaries, wages, or other compensation to
Contractor for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contractor for injury or sickness arising out of performing
the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation,
law, or ordinance to the contrary, Contractor and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for or become entitled
to any compensation, benefit, or any incident of employment by City, including but not limited
to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an
employee of City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall
comply with all applicable local, state, and federal laws and regulations applicable to the
performance of the work hereunder. Contractor shall not hire or employ any person to perform
work within City or allow any person to perform the Services required under this Agreement
unless such person is properly documented and legally entitled to be employed within the United
States. Any and all work subject to prevailing wages, as determined by the Director of Industrial
Relations of the State of California, will be the minimum paid to all laborers, including
Contractor's employee and subcontractors. It is understood that it is the responsibility of
Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained
from the California Department of Industrial Relations ("DIR") pursuant to California Public
Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records
demonstrating compliance with such requirement shall be maintained in a safe and secure
location at all times, and readily available at City's request. Contractor shall indemnify, defend,
and hold City and its elected and appointed boards, members, officials, officers, agents,
representatives, employees, and volunteers harmless from and against any liability, loss, damage,
cost or expenses (including but not limited to reasonable attorneys' fees, expert witness fees,
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court costs, and costs incurred related to any inquiries or proceedings) arising from or related to
(i)the noncompliance by Contractor or any parry performing the Services of any applicable
local, state, and/or federal law, including, without limitation, any applicable federal and/or state
labor laws (including, without limitation, the requirement to pay state prevailing wages and hire
apprentices); (ii)the implementation of Section 1781 of the Labor Code, as the same may be
amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any
parry performing the Services to provide any required disclosure or identification as required by
Labor Code Section 1781, as the same may be amended from time to time, or any other similar
law. It is agreed by the Parties that, in connection with performance of the Services, including,
without limitation, any and all public works (as defined by applicable law), Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended from time to time,
and/or any other similar law. Contractor acknowledges and agrees that it shall be independently
responsible for reviewing the applicable laws and regulations and effectuating compliance with
such laws. Contractor shall require the same of all subcontractors.
7.3 Licenses and Permits. Contractor represents and warrants to City that Contractor
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Contractor represents and warrants to City that Contractor and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Contractor and any subcontractors shall
obtain and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TER UNATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement upon 30 days' written notification
to Contractor.
8.2 Termination by Contractor. Contractor may cancel this Agreement upon 30 days'
written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Contractor delivering to City any or all
documents,photographs, computer software, video and audio tapes, and other materials provided
to Contractor or prepared by or for Contractor or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide Contractor
with compensation beyond the maximum amount provided for in this Agreement. Similarly,
unless authorized by the Contract Administrator, City shall have no obligation to reimburse
Contractor for any otherwise reimbursable expenses incurred during the extension period.
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8.5 Amendments. The Parties may amend this Agreement only by a writing signed
by all the Parties.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that
this Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized personal
knowledge. Moreover, a substantial inducement to City for entering into this Agreement was
and is the professional reputation and competence of Contractor. Contractor may not assign this
Agreement or any interest therein without the prior written approval of the Contract
Administrator. Contractor shall not subcontract any portion of the performance contemplated
and provided for herein, other than to the subcontractors noted in Contractor's proposal, without
prior written approval of the Contract Administrator. In the event that key personnel leave
Contractor's employ, Contractor shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Contractor
shall survive the expiration or termination of this Agreement.
8.8 Options Upon Breach by Contractor. If Contractor is found to have materially
breached any of the terms of this Agreement, City's remedies shall include, but not be limited to,
any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Contractor pursuant to this Agreement;
C. Retain a different Contractor to complete the Services described in
Exhibit A
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda,plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Contractor
prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder
shall be available to City upon request. Contractor hereby agrees to make available those
documents to City upon the expiration or termination of this Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for City and are not
necessarily suitable for any future or other use. Any use of such documents for other projects by
City shall be without liability to Contractor. City and Contractor agree that, until final approval
by City, all data, plans, specifications, reports, and other documents are confidential and will not
be released to third parties without prior written consent of both Parties unless required by law.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for the Services or expenditures and disbursements charged to
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City under this Agreement for a minimum of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended
under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement
shall be subject to the examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3)years after final payment under this Agreement.
SECTION 10. A/HSCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing Party shall be entitled to reasonable attorneys' fees and expenses including costs, in
addition to any other relief to which that Party may be entitled; provided, however, that the
attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for
legal services multiplied by the reasonable number of hours spent by the prevailing Party in the
conduct of the litigation. The court may set such fees in the same action or in a separate action
brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that teen or any other term
of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Representative. All administrative matters under this Agreement shall
be handled for Contractor by J. Alex Braicovich ("Contractor's Representative"). The
Contractor's Representative shall have full authority to represent and act on behalf of Contractor
for all purposes under this Agreement. The Contractor's Representative, or his designee, shall
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supervise and direct the Services, using his best skill and attention, and shall be responsible for
all means, methods, techniques, sequences, and procedures and for the satisfactory coordination
of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Steve Glynn ("Contract Administrator"). All correspondence shall be directed to or
through the Contract Administrator or his designee. The Contract Administrator shall have the
power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided
in this Agreement, Contractor shall not accept direction or orders from any person other than the
Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
CR&R Incorporated
Attn: J.Alex Braicovich
P.O.Box 1208
Perris, California 92572-1208
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: Steve Glynn
with a copy to:
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
10.10 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Parry.
10.10 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City
and Contractor and supersedes all prior negotiations, representations, or agreements, either
written or oral. The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either Party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.12 Execution of Contract. The persons executing this Agreement on behalf of each
of the Parties hereto represent and warrant that (i) such Parry is duly organized and existing,
(ii)they are duly authorized to execute and deliver this Agreement on behalf of said Party,
(iii) by so executing this Agreement, such Parry is formally bound to the provisions of this
Agreement, and (iv)that entering into this Agreement does not violate any provision of any other
Agreement to which said Parry is bound.
10.13 Nondiscrimination. Contractor covenants that, by and for itself, its heirs,
executors, assigns, and all persons claiming under or through them, that in the performance of
this Agreement there shall be no discrimination against or segregation of, any person or group of
persons on account of any impermissible classification including, but not limited to, race, color,
creed, religion, sex, marital status, sexual orientation,national origin, or ancestry.
10.14 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.15 Nonliabilily of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contractor, or any
successor in interest, in the event of any default or breach by City or for any amount which may
become due to Contractor or to its successor, or for breach of any obligation of the terms of this
Agreement.
10.16 No Undue Influence. Contractor declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City 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 City
shall 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.
10.17 No Benefit to Arise to Citmployees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year
thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the
proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
2671/031858-0001
7630549.2 a06/17/16 -12-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF ME FEE CONTRACTOR
Robert hnson, City Manager J.Alex�raicovich, Sr. Regiona .
Attest:
City Clerk Davi .Fahrion,Pr ident
rah #7,wjcja",V
Approved as to Form:
Jef�y VMelching, City Attorney
2671/031858-0001
7630549.2 a06/17/16 -13-
EXHIBIT A
2671/031858-0001
7630549.2 a06/17/16 -1 4-
Exhibit A
Scope of Services for
City of Menifee Street Sweeping
Beginning July 1, 2016, and continuing until the expiration or termination
of this agreement, Contractor shall provide street sweeping services in
accordance with the terms and conditions set forth below.
1) Manner of Service
Contractor shall provide a complete sweep of approximately sixty
two (62) curb miles of City streets twice per month and
approximately eight (8) curb miles of City streets one time every
other month within the city limits of City. The proposed sweeping
locations and frequencies are outlined within the street sweeping
map, attached hereto as Exhibit "B". Contractor shall be
responsible for sweeping all curbs and gutters (excluding center
medians) of the assigned subject streets. Contractor shall obey all
laws governing the operation of the sweepers on a public street and
shall perform its operations so that sweepers traverse their routes
in the normal direction of traffic.
2) Water
Contractor shall obtain water from approved hydrants. Water costs
shall be paid by the Contractor. The proper volume and pressure
shall be supplied by the sweeper at all times for adequate dust
control during the sweeping operation.
3) Sweeper Speed
Contractor shall operate the sweepers at a speed of not more than
an average of nine (9) miles per hour when sweeping or when the
sweeper brooms are down, unless Contractor can demonstrate that
the sweeper can operate efficiently and safely at a higher speed.
4) Sweeper Equipment
All sweeper equipment (vacuums or brooms) used in City shall be
compliant with AQMD Regulations 1186 and 1186.1
RIV#4826-62054673 vI
5) Width of Sweeper Path
Contractor shall sweep a path, with curbside broom down, with a
width of approximately eight (8) feet unless parked vehicles,
structures, or other objects prohibit safe sweeping. The path shall
begin at the face of the curb, and include the flow line of the gutter.
Unless blocked by parked cars or containers, the face of the curb
and gutter shall always be included within the sweeper path. On
those streets with no curb, the width of the sweeper path shall be
not less than approximately eight (8) feet measured from the
painted white line along the edge of the pavement.
6) Frequency of Service
Street Sweeping frequencies shall be completed as outlined below
and shown on the attached map in Exhibit B:
Streets shown in RED on the attached map shall be swept two
times per month:
• 30.72 Centerline Miles
• 61.44 curb miles (2x Mo.)
• Total Curb Miles Swept per month: 122.88
Streets shown in GREEN on the attached map shall be swept
every other month (six times per calendar year):
Additional area south of Scott Road to be swept 6 times per year.
• 3.87 Centerline Miles
7.74 Curb Miles (6x per year)
• Total Curb Miles Swept every other month: 7.74
In those instances where the scheduled street sweeping service
day falls on a Holiday, Contractor shall provide street sweeping
services on the following scheduled sweeping service day.
7) Hours of Service
Residential Streets - Contractor shall provide street sweeping
service on residential streets commencing no earlier than 6:00 a.m.
and terminating no later than 7:00 p.m., Monday through Friday
with no service on Saturday or Sunday. The hours, days, or both of
service may be extended due to extraordinary circumstances or
RIV 44826-6205-4673 v1 2
conditions with the prior verbal consent of the Contract
Administrator.
Maior Arterial Streets - Contractor shall provide street sweeping
service on major arterial streets commencing no earlier than 9:00
p.m. and terminating no later than 6:00 a.m., Monday through
Friday with no service on Saturday or Sunday. The hours, days, or
both of service may be extended due to extraordinary
circumstances or conditions with the prior verbal consent of the
Contract Administrator.
8) Temporary Changes to Street Sweeping Schedule
City and Contractor acknowledge that during the term of this
Agreement it may be necessary or desirable to temporarily modify
the street sweeping schedule under which Contractor provides
street sweeping service. Conditions which may cause the
Contractor to temporarily abstain from sweeping a street or an area
to be swept include the following:
• Construction or development on or along a street.
• Pavement maintenance activities, including the chip seal
program or the slurry seal program
• Inclement weather when running water is in the gutter or
street such that sweeping is ineffective.
• Special sweeping on alternative schedule.
• Consistent non-compliance of citizens to remove parked
cars or other obstructions during sweep days.
• Other legitimate reasons that make sweeping impractical as
determined by the Contractor and/or City.
9) Street Additions
As new streets are constructed and accepted by City, City may, at
City's sole option, designate such streets as part of the service area
for the purposes of street sweeping service. If the Contract
Administrator designates such streets as part of the service area
(after final cap has been laid down) Contractor shall provide street
sweeping service on such streets under the rates, terms and
conditions of this Agreement within fifteen (15) work days of receipt
of notice from the Contract Administrator to begin service.
RIV#4826-6205-4673 v1 3
10) Street Deletions
City may require some City streets to be temporarily or permanently
removed from the list of scheduled streets for which Contractor
provides street sweeping service under this Agreement. Contractor
shall immediately cease providing street sweeping service to any City
street upon receipt of notice from the City Representative to stop such
service. When a City street has been temporarily removed from the list
of scheduled streets, Contractor shall resume street sweeping service
on such street in the next regularly scheduled cycle following
notification from the City Representative that normal street conditions
exist in order to resume service.
11) Revised Maps
Contractor and City shall work cooperatively in order to revise the
street sweeping service route maps to show the addition or deletion of
City streets as provided above and shall provide such revised maps to
one another as requested. The maps shall be provided in a format that
can be posted on appropriate websites.
12) Hazardous Waste
Contractor shall not be required to remove any Hazardous Waste
from the street surface. If in the course of performing street
sweeping services, any suspected Hazardous Wastes are
encountered, Contractor shall immediately report the location to the
Contract Administrator or Fire Department personnel.
13) Disposal of Sweeper Waste
Contractor shall transport and deliver City sweeper waste to an
approved disposal location. Disposal costs shall be paid by
contractor.
14) Other City Street Sweeping Service
If during the Term of this Agreement, circumstances exist which
require work associated with the street sweeping service program
that are not specifically provided for in this Agreement, the Contract
Administrator may require Contractor to perform such other
associated work ("OAW"). When contractor performs OAW, the
labor, materials, and equipment used in the performance of such
work shall be subject to the prior written approval of the Contract
Administrator and charged on an hourly basis as specified in the
RIV#4826-6205-4673 v1 4
approved Fee Schedule. Examples of OAW that Contractor may
be required to perform includes but are not limited to: performance
of special sweeps, flood clean-up, street sanitation for parades and
celebrations, construction clean up services caused by City or
private contractors or other natural or unanticipated occurrences
affecting the cleanliness of the streets.
15) Street Sweeping Quality of Work
The standards of performance which Contractor is obligated to
meet are those good street sweeping practices which leave the
serviced area in a debris free and dirt free condition.
16) Fee Schedule
Beginning upon the "Effective Date" of this Agreement, the fees
charged by the contractor shall be as follows:
Rate per Curb Mile: $20.30/Curb Mile
Rate per Hour for Other Associated Work (OAW): $80.98/Hour
17) Annual Rate Adjustment
Contractor may apply for annual rate adjustments beginning June
30, 2017. Annual Rate Adjustments will not exceed 100% of the
Consumer Price Index—All Urban Consumers, All Items- Greater
Los Angeles, Riverside and Orange County Areas (CPI) for the
prior December to December Time Period.
RIV#4826-6205 4673 v1 5
0
ENIFEE
PERRIS
7
CANYON LAKE
N
J—
WINCHESTER
(UNINCORPORATED)
WILDOMAR
L.F
14
MURRIETA
Lj
CITY OF MENIFEE
STREET SWEEPING MAP
Legend: f
------------
oil Rrae
City of M,nffee
P.M.VWk Dp.rtet
Exhibit A
Scope of Services for
City of Menifee Street Sweeping
Beginning July 1, 2016, and continuing until the expiration or termination of this
agreement, Contractor shall provide street sweeping services in accordance with the
terms and conditions set forth below.
1) Manner of Service
Contractor shall provide a complete sweep of approximately sixty two (62) curb
miles of City streets twice per month and approximately eight (8) curb miles of
City streets one time every other month within the city limits of City. The
proposed sweeping locations and frequencies are outlined within the street
sweeping map, attached hereto as Exhibit "B". Contractor shall be responsible for
sweeping all curbs and gutters (excluding center medians) of the assigned
subject streets. Contractor shall obey all laws governing the operation of the
sweepers on a public street and shall perform its operations so that sweepers
traverse their routes in the normal direction of traffic.
2) Water
Contractor shall obtain water from approved hydrants. Water costs shall be paid
by the Contractor. The proper volume and pressure shall be supplied by the
sweeper at all times for adequate dust control during the sweeping operation.
3) Sweeper Speed
Contractor shall operate the sweepers at a speed of not more than an average of
nine (9) miles per hour when sweeping or when the sweeper brooms are down,
unless Contractor can demonstrate that the sweeper can operate efficiently and
safely at a higher speed.
4) Sweeper Equipment
All sweeper equipment (vacuums or brooms) used in City shall be compliant with
AQMD Regulations 1186 and 1186.1
5) Width of Sweeper Path
Contractor shall sweep a path, with curbside broom down, with a width of
approximately eight (8) feet unless parked vehicles, structures, or other objects
prohibit safe sweeping. The path shall begin at the face of the curb, and include
the flow line of the gutter. Unless blocked by parked cars or containers, the face
RIV#4826-6205-4673 vl
of the curb and gutter shall always be included within the sweeper path. On those
streets with no curb, the width of the sweeper path shall be not less than
approximately eight (8) feet measured from the painted white line along the edge
of the pavement.
6) Frequency of Service
Street Sweeping frequencies shall be completed as outlined below and shown on
the attached map in Exhibit B:
Streets shown in RED on the attached map shall be swept two times per
month:
• 30.72 Centerline Miles
• 61.44 curb miles (2x Mo.)
• Total Curb Miles Swept per month: 122.88
Streets shown in GREEN on the attached map shall be swept every other
month (six times per calendar year):
Additional area south of Scott Road to be swept 6 times per year.
• 3.87 Centerline Miles
• 7.74 Curb Miles (6x per year)
• Total Curb Miles Swept every other month: 7.74
In those instances where the scheduled street sweeping service day falls on a
Holiday, Contractor shall provide street sweeping services on the following
scheduled sweeping service day.
7) Hours of Service
Residential Streets - Contractor shall provide street sweeping service on
residential streets commencing no earlier than 6:00 a.m. and terminating no later
than 7:00 p.m., Monday through Friday with no service on Saturday or Sunday.
The hours, days, or both of service may be extended due to extraordinary
circumstances or conditions with the prior verbal consent of the Contract
Administrator.
Maior Arterial Streets - Contractor shall provide street sweeping service on major
arterial streets commencing no earlier than 9:00 p.m. and terminating no later
than 6:00 a.m., Monday through Friday with no service on Saturday or Sunday.
The hours, days, or both of service may be extended due to extraordinary
circumstances or conditions with the prior verbal consent of the Contract
Administrator.
RIV#4826-62054673 v1 2
8) Temporary Changes to Street Sweeping Schedule
City and Contractor acknowledge that during the term of this Agreement it may
be necessary or desirable to temporarily modify the street sweeping schedule
under which Contractor provides street sweeping service. Conditions which may
cause the Contractor to temporarily abstain from sweeping a street or an area to
be swept include the following:
• Construction or development on or along a street.
• Pavement maintenance activities, including the chip seal program or the
slurry seal program
• Inclement weather when running water is in the gutter or street such that
sweeping is ineffective.
• Special sweeping on alternative schedule.
• Consistent non-compliance of citizens to remove parked cars or other
obstructions during sweep days.
• Other legitimate reasons that make sweeping impractical as determined
by the Contractor and/or City.
9) Street Additions
As new streets are constructed and accepted by City, City may, at City's sole
option, designate such streets as part of the service area for the purposes of
street sweeping service. If the Contract Administrator designates such streets as
part of the service area (after final cap has been laid down) Contractor shall
provide street sweeping service on such streets under the rates, terms and
conditions of this Agreement within fifteen (15) work days of receipt of notice
from the Contract Administrator to begin service.
10) Street Deletions
City may require some City streets to be temporarily or permanently removed
from the list of scheduled streets for which Contractor provides street sweeping
service under this Agreement. Contractor shall immediately cease providing
street sweeping service to any City street upon receipt of notice from the City
Representative to stop such service. When a City street has been temporarily
removed from the list of scheduled streets, Contractor shall resume street
sweeping service on such street in the next regularly scheduled cycle following
notification from the City Representative that normal street conditions exist in
order to resume service.
11) Revised Maps
Contractor and City shall work cooperatively in order to revise the street
sweeping service route maps to show the addition or deletion of City streets as
provided above and shall provide such revised maps to one another as
RIV#4826-6205-4673 v1 3
requested. The maps shall be provided in a format that can be posted on
appropriate websites.
12) Hazardous Waste
Contractor shall not be required to remove any Hazardous Waste from the street
surface. If in the course of performing street sweeping services, any suspected
Hazardous Wastes are encountered, Contractor shall immediately report the
location to the Contract Administrator or Fire Department personnel.
13) Disposal of Sweeper Waste
Contractor shall transport and deliver City sweeper waste to an approved
disposal location. Disposal costs shall be paid by contractor.
14) Other City Street Sweeping Service
If during the Term of this Agreement, circumstances exist which require work
associated with the street sweeping service program that are not specifically
provided for in this Agreement, the Contract Administrator may require
Contractor to perform such other associated work ("OAW"). When contractor
performs OAW, the labor, materials, and equipment used in the performance of
such work shall be subject to the prior written approval of the Contract
Administrator and charged on an hourly basis as specified in the approved Fee
Schedule. Examples of OAW that Contractor may be required to perform
includes but are not limited to: performance of special sweeps, flood clean-up,
street sanitation for parades and celebrations, construction clean up services
caused by City or private contractors or other natural or unanticipated
occurrences affecting the cleanliness of the streets.
15) Street Sweeping Quality of Work
The standards of performance which Contractor is obligated to meet are those
good street sweeping practices which leave the serviced area in a debris free
and dirt free condition.
16) Fee Schedule
Beginning upon the "Effective Date" of this Agreement, the fees charged by the
contractor shall be as follows:
Rate per Curb Mile: $20.30/Curb Mile
Rate per Hour for Other Associated Work (OAW): $82.02/Hour
RIV#4826-6205-4673 v1 4
17) Annual Rate Adjustment
Contractor may apply for annual rate adjustments beginning July 1, 2017. Annual
Rate Adjustments will not exceed 100% of the Consumer Price Index —All Urban
Consumers, All Items- Greater Los Angeles, Riverside and Orange County Areas
(CPI) for the prior December to December Time Period.
RIV#4826-6205-4673 v1 5
\1 I
�J
t`- to SUBMITTAL TO THE BOARD OF SUPERVISORS
o COUNTY OF RIVERSIDE, STATE OF CALIFORNIA RIJ�
Cn
z
o FROM: TLMA—Transportation Department SUBMITTAL DATE:
o
June 9, 2016
Z SUBJECT: Amendment No. 1 to Personal Services Agreement RFP 44-068-2011 CR&R in the
O amount of $757,250 for Street Sweeping Services. All Districts; [$4,543,500 Total Cost];
w` a
Local Funds 100%
RECOMMENDED MOTION: That the Board of Supervisors:
o �" 1. Approve the annual agreement amount of$757,250 for FY 2016-17 for the Street Sweeping
a c9 Services agreement with CR&R Incorporated with the County of Riverside;
w 2. Approve and authorize the Chairman of the Board to execute the attached Amendment No. 1 to
modify the Period of Performance provision of the agreement to authorize an additional term of
to y one (1) year for FY 2016-17;
LL `n 3. Authorize the Director of Transportation and Land Management Agency or designee to exercise
the option to extend the agreement.
Patricia Romo
Assistant Director of Transportation
FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: ,�Yj/ Total Cost: Ongoing Cost: POLICY/CONSENT
Per Exec.Office)
COST r-116,111 $ 757,250 $ $ 4,543,500 $ 757,250
NET COUNTY COST $ 0 $ 0 $ 0 $ 0 Consent❑ Policy
SOURCE OF FUNDS: CSA 152 (100%). There are no General Funds Budget Adjustment: No
used in this project. For Fiscal Year: 16/17
C.E.O. RECOMMENDATION:
BY.
County Executive Office Signature Tine =►
MINUTES OF THE BOARD OF SUPERVISORS
Q 72
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13 11 Prev. Agn. Ref.: 07/12/11, Item 3.52 District: ALL Agenda Number: 3 � 73
SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FORM 11: Amendment No. 1 to Personal Services Agreement RFP 44-068-2011 CR&R in the Amount of
$757,250 for Street Sweeping Services. All Districts; [$4,543,500-Total Cost]; Local Funds 100%.
DATE: June 9, 2016
PAGE: 2 of 3
BACKGROUND:
Summary
County Service Area (CSA) 152 (Countywide) provides street sweeping services in selected residential areas of
the County of Riverside (County) where property owners have voted to assess themselves for the service. As of
October 6, 2003, administration of the street sweeping services administration was transferred from the County of
Riverside Economic Development Agency to the County of Riverside Transportation Department (Transportation
Department), which is responsible for all other maintenance functions within the County maintained road right-of-
way.
On July 12, 2011, Agenda Item 3.52, the Board of Supervisors approved an multi-year personal service agreement
for street sweeping services with CR&R Incorporated for a three (3) year term expiring June 30, 2014, with the
option to renew for up to two (2) additional one (1) year terms with a final expiration date of June 30, 2016. This
Amendment will authorize a third extension to the agreement for continuing services until June 30, 2017.
CR&R Incorporated is currently providing services to the County and has done so in a satisfactory manner. CR&R
Incorporated would continue to provide street sweeping services to CSA 152 for FY 2016/17 in the amount of
$605,750, with an annual contingency of 25% in the amount of $151,500 for a total contract amount of$757,250.
The annual contingency covers the cost of extra work not included in the normal scope of the project, such as
providing service to additional curb miles created through development and future growth or for extra sweeping
needs. CR&R Incorporated's current per curb mile cost is $20.70 per curb mile, which at the time the contract
went to bid in 2011 is still lower than the 2"d lowest bid at $21.98 per curb mile.
The extension of this contract would allow the Transportation Department to release a formal Request for Proposal
(RFP) in early 2017 and award the contract in the spring of 2017, therefore allowing all responsible bidders ample
time to prepare for the significant Scope of Services provided in the Request for Proposal.
Impact on Residents and Businesses
Only residences in selected residential areas of the County where property owners have voted to assess
themselves for the service will be impacted by this agreement.
SUPPLEMENTAL:
Additional Fiscal Information
The contract will be funded using CSA 152 funds.
Original Contract amount: $ 757,250 FY 2011/12
$ 757,250 FY 2012/13
$ 757,250 FY 2013/14
$ 757,250 FY 2014/15
$ 757,250 FY 2015/16
Total $ 3,786,250
Revised Agreement Amendment#1: $ 757,250 FY 2011/12 Curb Mile Rate $18.98
$ 757,250 FY 2012/13 Curb Mile Rate$19.55
$ 757,250 FY 2013/14 Curb Mile Rate$19.92
$ 757,250 FY 2014/15 Curb Mile Rate$20.15
$ 767,250 FY 2015/16 Curb Mile Rate$20.30
$ 757,250 FY 2016/17 Curb Mile Rate $20.70 Proposed
Total $4,543,500
Contract History and Price Reasonableness
The Transportation Department issued a formal Request for Proposal (RFP) in 2011 and received three
responsive bids ranging from $605,749 to $1,228,732 annually. CR&R Incorporated of Perris was the lowest
SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FORM 11: Amendment No. 1 to Personal Services Agreement RFP 44-068-2011 CR&R in the Amount of
$757,250 for Street Sweeping Services. All Districts; [$4,543,500 -Total Cost]; Local Funds 100%.
DATE: June 9, 2016
PAGE: 3 of 3
responsive and responsible bidder at $605,749. CR&R Incorporated has been providing satisfactory services
since 2011.
ATTACHMENTS:
Amendment
CR&R Incorporated
1
2
15f AMENDMENT TO CONTRACT
3
for Street Sweeping Services
-4
between County of Riverside and CR&R Incorporated
5
6 THIS AMENDMENT (hereinafter the "I" Amendment") to a Contract is made and entered into as of this
7 day of . 2016, by and between the County of Riverside, a political subdivision of the State
8 of California(hereinafter the "COUNTY"), and CR&R Incorporated (hereinafter"CONTRACTOR").
9 RECITALS
10 A. COUNTY and CONTRACTOR entered in a Contract entitled "Personal Service Agreement for CSA 152
11 Street Sweeping Services between County of Riverside — Transportation Department and CR&R
12 Incorporated" dated July 12, 2011, Agenda Item 3.52 (hereinafter the"Agreement"). The Contract provides
13 the terms and conditions, scope of work, schedule and budget for the performance of professional and
14 technical services necessary to provide street sweeping services.
15 B. The parties therefore now desire to amend the Period of Performance of the Street Sweeping Services
16 between County of Riverside — Transportation Department and CR&R Incorporated" dated July 12, 2011,
17 Agenda Item 3.52.
18 AGREEMENT
19 NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as
20 follows:
21 1. Section 2.1 Period Of Performance. The Period of Performance is amended by deleting the sentence "This
22 Agreement shall be effective upon signature of this Agreement by both parties and continue in effect
23 through June 30, 2014, with the option to renew for two (2) years, renewable in one year increments by
24 written amendment, unless terminated earlier." and replacing with "This Agreement shall be effective upon
25 signature of this Agreement by both parties and continue in effect through June 30,2014,with the option to
26 renew for three (3) years, renewable in one year increments by written amendment, unless terminated
27 earlier."
28 2. Section 4. Alteration or Changes to the Agreement, is amended by deleting paragraph 4.1 and replacing
29 with the following: "4.1 The Board of Supervisors and the County Purchasing Agent and/or his designee
Personal Service Agreement for Street Sweeping Services CSA 152 •Amendment# 1 Q
CR&R Incorporated
1
2 are the only authorized COUNTY representatives who may at any time, by written order, alter this
3 Agreement in terms of price or performance. When any such alternation causes an increase or decrease in
-4 the cost of performance under this Agreement, an equitable adjustment shall be made in the Agreement
5 price or delivery schedule, or both, and the Agreement shall be modified by written amendment
6 accordingly. The exercise of the option to renew the Agreement in one year increments by written
7 amendment may be exercised by the Director of Transportation and Land Management Agency, or his
8 designee."
9 3. Except to the extent specifically modified or amended hereunder,all of the terms, covenants and conditions
10 of the Contract shall remain in full force and effect between the parties hereto.
11 IN WITNESS HEREOF, the parties hereto have caused this Amendment to the Contract to be duly executed
12 this day and year first written above.
13 [REMAINDER OF PAGE LEFT BLANK]
14
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Personal Service Agreement for Street Sweeping Services CSA 152 •Amendment# 1
i
CR&R Incorporated
1
2 APPROVALS CONTRACTOR Approvals
3 COUNTY Approvals CONTRACTOR:
4 RECOMMENDED FOR APPROVAL:
6 _ Dated: Dated:
7 PATRICIA ROMO David ahrion
8 Assistant Director of Transportation resident of Riverside County Solid Waste
9 Division
10 APPROVED AS TO FORM: CR&R Incorporated
11 GREGORY P. PRIAMOS
12
13 f rz�.U(n i �c• Dated: 7 11.;
14 ounty Cbbnsel
15
16 APPROVAL BY THE BOARD OF SUPERVISORS
17
18 Dated:
19
PRINTED NAME
20 Chairman, Riverside County Board of Supervisors
21
22 ATTEST:
23
24 Dated:
25 KECIA HARPER-[HEM
26 Clerk of the Board (SEAL)
27
28
29
Personal Service Agreement for Street Sweeping Services CSA 152 •Amendment# 1