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HomeMy WebLinkAboutWM CURBSIDE, LLC (2)INSURANCE ON PILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES l- 1�.. .,-.�.,... C OF u I DATE:6 2018 DATE: o; FWA-Q ) THIRD AMENDMENT TO AGREEME, NT TO PROUDE SMALL BATTERY RECYCLING THIS THIRD AMENDMENT to the above-referoneed agreement is entered into on May 15, 2018 by and between WM Curb8ide, I.LC ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City'). RECITALS A. The parties entered into Agreement No. N-2007-086, dated July 1, 2007, by which Contractor has provided battery removal and recycling services for City residents. The original terra of the Agreement was from July 1, 2007 until June 30, 2009. B. In the original Agreement, Contractor was referred to as Curbside, Inc. but is now known as WM Curbside, LLC, C. On September 1, 2009, the parties entered into First Amendment to Agreement No. N- 2007-086-001 to extend the team of the Agreement through the expenditure of allocated fiunds. D. On May 4, 2016, the parties entered into Second Amendment No, A-2016-103 to adjust the compensation and further extend the term of the Agreement. The Agreement remains in effect through June 30, 2018. E. The parties now wish to extend the Agreement through June 30, 2020, subjoot to a one- year extension. The Parties therefore agree: 1, Section 3, Tenn, is anicaded to extend the term of the Agreement for an additional two (2) year period through June 30, 2020. The torni may be further extended for one (1) year upon mutual agreement by the parties, 2. Except as modified by this `.third Amendment, wad all prior amendments, all terms and conditions of the Agreement shall remain in flail force and effect. IN WfPNESS WHEREOF, the parties hereto have executed this Third. Amendment to the Agreement on the date and year first written above. ATTEST MAR1A D,14UIZAR Clerk of the Colmeil CITY OF SANTA ANA R AUL 66-1 18 Iz4,/, f City Manager A-2018-130 APPROVED AS TO FORM SONIA R. CARVALIIO, City Attorney By: ,�. JOI FUNK Assistant City Attorney RECOMMENDED FO PPROVAL: Edwin "William" Oa v z, F.E. Acting Executive Director Public Works Agency WM CURBSIDE, LLC e ,acoR L! - CERTIFICATE OF LIABILITY INSURANCE ,MWDD,YY, THIS CERTIFICATE IS ISSUED qS A MATTER OF INFORMATION I AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, INS 1 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E%TEND OR ALTER THE COVERAGE AFFORDED BY THE (POLICIES 127I I /20 ( 7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(6), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Ir the cW IV D, holtl-r is an ADDITIONAL INSURED, the pollcy(Ies) must have ADDITIONAL INSURED provisions or be endoraetl. It SUBROGATION IS WAIVED, subject to [he terms and conditions a( the polic certain policies ma this certlFlcate does not cooler rights to the cortiffcate holder In Ils11 of such endorsement(-). PRODUCER y YeGWYe all aOdDY-ement, q statement on LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 unl romp1 -- .,,,.. _. 1306000 RELATED& SUBSIDIARY COMPANIES INCLUD NG ILIATE 5101 E.lA PgLMA AVENUE 4—o014,-10 j ANAHEIM CA 92870 -'p� �oY 14,1 6A COVERAGES CERTIFICATE NUMBER: I" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COP CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE A EXCLUSIONS AND CONDITIONS DF SUCH POLICIES. LIMITS SHOWN INR TYPE OF INSURANCE soB A X COMMERCIAL OENERgL LIABILITY I POLICY1 CLAIM&MgBE � OCCUR Y Y HDO G2787309 X XCII INCLUDED X ISO FORM rG O110 GEN L AGGREGATE LIMI r APPLIES PER: POLICV� PER T C' LOC OTHER: A AUTOMOBILE LIABILITY Y Y NIMT1125097890 X ANYAUTO II{{ X AUT030NLY AUTOSULED X AUTOS ONLY X NONOWNED X MCS-90 A X UMBRELLA LI OF ANY CONI'PAC I' OR OTh :D BY THE POLICIES DESCR 1VE BEEN REDUCED BY PAR f IDD OLICY FF POLICY! /1/2018 I/I/2019 1/1/2018 11/1/2019 AB EXCESS LIAR X OCCUR Y Y X0002792 9-003 I/I CLAIMS- MADE /2018 I/I/2019 DEO RETENTIONS R WORKERS COMPENSATION BEERS A AND YIN AN. PROPRIETOR11ARTNEaIaxEGITIve C Y WLR C6462278A AO,S o / /.0 8 OFFlCEFIM E'I EANLOOE-) NIA I &torymNH WLR C6462278 ((AQ,S) A,&MA SCFC64622791(Wq 1/1/2 1/I/2019 I/I/2019 n r'c IIPT eo„aF oescrtlanory of aeeaAnorvs I/1/3018 I/1/2019 oelow A LABIITj UTO Y Y XSA H25097889 1/I@0I8 I/I/2I119 11076601 CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS ATTN' CHRISTY KENDIG 20 CIVIC CENTER PLAZA, M-21 SANTA ANA CA 92702 iD 25 (2016mR1 be NT WITH RESPECT T IS SUBJECT TO ALL LIMIT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name old logo are registered markstlof ACORD ACORD CORPORATI All -5) AC"Ro CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) vl /2020 12/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 NAME: T P E F "°, EXt : A/c, No E-MAIL -M ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A : ACE AITlerlcan Insurance Company 22667 INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, 1306000 RELATED & SUBSIDIARY COMPANIES INCLUDING: WM CURBSIDE, LLC q INSURER B : Indemnity Insurance Co of North America 43575 INSURER C : ACE Fire Underwriters Insurance Company 20702 INSURER D : 5101 E. LA PALMA AVENUE 1t �oLC) % �—/ c' INSURER E : ANAHEIM CA 92870/ j3 INSURER F : C1 COVERAGES CERTIFICATE NUMBER: 11076601 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y HDO G71212993 1/1/2019 1/1/2020 EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE OCCUR EK]PREMISES DAMAGE TO RENTED Ea occurrence $ 5,000,000 X MED EXP (Any oneperson) $ XY_� XCU INCLUDED X ISO FORM C000010413 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PECOT- LOC GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP/OP AGG $ 6,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y MMT H2527863A 1/1/2019 1/1/2020 COMBINED SINGLE LIMIT Es accident $ 1000000 BODILY INJURY (Per person) $ XXXXXXX ANY AUTO AUTOS ONLY AUTODULED 1xx BODILY INJURY (Per accident $ XX )CX,CX AUTOS ONLY X AUUTOS ONLDY Perr accidentDAMAGE$XXXXXXX $ XXXXxxX MCS-90 1 • X UMBRELLA LIAB X OCCUR Y Y XOO G27929242 004 1/1/2019 1/1/2020 EACH OCCURRENCE $ 15000,000 AGGREGATE $ 15,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ xxxxxxx B A C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? N❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I NIA Y I I WLR C65435846 (AOS) WLR C65435809 (CA & MA) SCF C65435883 (WI) I 1/1/2019 1/I/2019 1/I/2019 I 1/1/2020 1/1/2020 1/1/2020 PER OTH- X I STATUTE ER E.L. EACH ACCIDENT $ 31000,000 E.L. DISEASE- EA EMPLOYEE $ 3,000,000 E.L. DISEASE - POLICY LIMIT 3,000,000 A EXCESS AU10 LIABILITY Y Y XSAH25278598 1/1/2019 1/1/2020 COMBINED SINGLE LIMIT $9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPEL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. ADDITIONAL INSURED IN FAVOR OF CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES (ON ALL POLICIES EXCEPT WORKERS' COMPENSATION/EL) WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ON ALL POLICIES WHERE REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. THE INSURAN E AFFORDED TO THE ADDITIONAL INSURED AS DESCRIBED IN THIS CERTIFICATE OF INSURANCE FOR WORK PERFORMED BY THE NAMED INSURED IS P MARY AND NON-CONTRIBUTORY TO ANY SIMILAR COVERAGE MAINTAINED BY THE ADDITIONAL INSURE WHERE AA'D TO EXTENT REQUIRE CONTRACT. _ �� �� L a. L t\111 -1L IIVLVLI\ l,M1Yl,LLL/}rIV IY OUQ P1LLaU1U11G11LJ t P—AI Vd be / 11076601 CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS ATTN: CHRISTY KENDIG 20 CIVIC CENTER PLAZA, M-21 SANTA ANA CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED I THE EXPIRATION DATE THEREOF, .NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATICYM- All riahtw rpcprvpri The ACORD name and logo are registered marks of ACORD Attaclunent Code : D446557 Master ID: 1306000, Certificate ID: 11076601 POLICY NUMBER: HDO G71212993 Endorsement Number: 39 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 Attaclunent Code : D448223 Certificate ID : 11076601 POLICY NUMBER: HDO G71212993 Endorsement Number: 54 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1