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HomeMy WebLinkAboutREPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLCCity of Santa Ana 'r 1 Clerk of the Council AGREEMENT TERMINATION FORM COTC Office Use Only Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). --- Call 647-6520 if you have any questions. The agreement with Republic Waste Services of Southern California, LLC No. A-2021-241 was completed on 10/31/22 and final payment has been made. (List all amendments. Use space below if needed.) Department: Public Works Agency; CIP Engineering Phone/Ext.: Mind L ; 714-647-5665 Signature: /,GT Date: 11/22/22 Revised 08-23-10 City of Santa Ana -" 'rya Clerk of the Council < J AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. CoI'//�I A"dPvIial? a The agreement with Republic Waste Services of Southern California, LLC COTC Office Use Only CE THE COUNCIL I31123PM3:59 No. A-2021-241 was completed on 10/31 /22 and final payment has been made. (List all amendments. Use space below if needed.) Department: Public Works Agency; CIP Engineering Phone/Ext.: Mindy Ly; 714-647-5665 Signature: Date: 11 Revised 08-23-10 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL OAT6 A-2021-241 PWfr (Z) This LICENSE AGREEMENT ("Agreement") is dated as of December 7th, 2021, and (t<r Nwuµn� f;kentered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California ("City"), and REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, a Delaware limited liability company DBA Republic Services ("Licensee"). o RECITALS N A The City is the owner of that certain real property located at the eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana, as more �1 particularly described in Exhibit A, attached hereto and incorporated by reference ("License ® Area"). The Property is approximately 66,546 square feet in size. B. The License Area is part of a planned road improvement project to be constructed by the City where such construction is anticipated to begin within five (5) years of the date of this Agreement. While the License Area is not located in a specific zone district, properties immediately surrounding the site are zoned for Light Industrial Use (MI). C. Licensee is a logistical and transportation services company who submitted a responsive proposal that was selected by the City, in accordance with the permissible uses of the Property as described in RFP No. 21-097. D. Licensee desires to use the License Area for purposes of storing waste services trash bins, equipment and commercial vehicles during the License period ("Permitted Uses"), which is closely compatible to the permitted uses under the Light Industrial Use (M1) zoning designation described in Exhibit B, attached hereto and incorporate by reference. E The City has agreed to grant Licensee a license to use the License Area_, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on December 20, 2021 for the Permitted Uses described in Recital D, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect until October3l, 2022, unless extended in writing by Licensee and the Executive Director of the Public Works Agency, or his or her designee. The License may be terminated by Citv unon sixty f601 days written notice. This Agreement is intended and shall be construed only as to use the License Area and not as a lease or grant of any possessory or other shall have the right to enter the License Area for purposes of accessing the adjZ which is not a part of the License Area. Page 1 of 6 Revle&m&APPRO SY: �. Risk Mznagemen[Speaalis[ 2 Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, restore the License Area to an acceptable condition, as determined by the City, leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph I above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 3. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Maintenance. a. Licensee shall include, implement, and maintain but not be limited to the following Best Management Practices (BMPs) at the License Area: i. Waste management and Materials Pollution Control BMPs shall be implemented to prevent the contamination of stormwater by construction wastes and materials. ii. Tracking control (TC) BMPs to control off -site sediment tracking shall be implemented and maintained. iii. Sediment control (SE) BMPs shall be implemented at all locations along the site perimeter, at all operational storm drain inlets and at all non -active slopes, as appropriate. iv. Pollution prevention practices shall be implemented. V. Non-stormwater management measures to prevent illicit discharges and control stormwater pollution sources. vi. Erosion Control BMPs shall be implemented, as appropriate. vii. Wind erosion control BMPs (dust control) shall be implemented, as appropriate. viii. Non-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater from construction activities. For specific guidance reference, reference the Construction Runoff Guidance Manual (Orange County Stormwater Program, December 2012) lhttos://media.ocgov.com/gov/ow/watersheds/documentsfbmp/constructionactivities ate] or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. b. Licensee's, at its sole cost and expense, shall: i. Install and maintain an eight (8) foot high security 4D fence or comparable fence to provide security around the front perimeter of the License Area facing East Alton Avenue, and the rear perimeter of the License Area parallel to Hiphwav 59 Fence shall secure the Property and serve as a visibility blocker Area. Fencing shall mirror current fencing and remain after the z REmEwme AmqwmD By: Agreement for City use; �' gym A, &,v44 ii. Grade/level the lot as flat as possible and add base rock in order Risk Management Speaa[M track out. No dirt shall be removed from the License area durim Page 2 of 6 grading/leveling work; iii. Install portable restroom facilities and hand wash stations; iv. Install two (2) rumble plates each eight (8) feet wide by ten (10) feet long; V. Maintain all of its stacked containers no more than 15 feet in height and must be kept 15 feet from all perimeter fencing. vi. Allow the County of Orange and City access to the License Area as needed; and vii. Comply with all NPDES requirements. 5. Damage. In the event that Licensee damages any portion of the License Area or the improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost. Alternatively, the City may, at its election and after reasonable written notice to Licensee, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 6. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terns of this Agreement. 7. Fee. As consideration for this Agreement, Licensee shall pay City a monthly rate of $13,750, including any extensions of the Agreement pursuant to Section 1. License fees for any partial month shall be pro -rated. 8. AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 9. Insurance. Licensee shall secure or cause its agents or contractors performing any entry onto the License Area to secure, prior to commencing any activities undP" th;< a arPPn,Pnr and maintain or cause to be maintained during the term of this Agreement, ins follows: a. Commercial General Liability Insurance. Licensee shall ma general liability insurance which shall include, but not be limited to, protec Page 3 of 6 v IiEVIEWm& APPROV®BY. Ruk Management SpedAist arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee Parties use of the License Area, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 peroccurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance as required by California law. C. Comprehensive Automobile Liability Coverage, including as applicable owned, non -owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single limit, written in an occurrence form. 10. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 10 shall survive the termination or expiration of this Agreement. 11. Miscellaneous. 11.1 Entire Agreement. Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 112 Severability. If any term, provision, covenant, or Agreement is held by a court of competent jurisdiction to be invalid, void, or remaining provisions of the Agreement shall continue in full force and effec extent the rights and obligations of one or both parties has been materially alto such holding. 113 No Assignment. Licensee shall not assign or transfer o. Page 4 of 6 condition of this Mika _ any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 11.4 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 11.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 11.6 Authority. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 11.7 Notices. Any notices, requests, or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to: If to Licensor: Republic Waste Services of Southern California, LLC Attn: Dan Capener 1131 N. Blue Gum Street Anaheim, CA 92806 With a copy to: Republic Waste Services of Southern California, LLC c/o Republic Services 18500 North Allied Way Phoenix, AZ 85054 Attn: Chief Legal Officer If to City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 11.8 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. Electronic and email ".PDF" signatures of any party hereto shall be deemed originals. f Signatures on the following page] Vi.kM...g..... oiwetun REMEWED & APPROJ®aY. Risk Management SpedMist of Page 5 of 6 IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above. CITY OF SANTA ANA ATTEST Kriste ' Daisy Gomez City Manager irk of the Council APPROVED AS TO FORM Sonia R. Carvalho p„, m. r Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency LICENSEE: REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, a Delawarelimitedliability company By: 4"lil V` Name: Michael A. Caprio Title: Vice President Page 6 of 6 REmEWED&APPROd®BY: A Ar �' Risk Management SpeuMst Of EXHIBIT A (PROPERTY DESCRIPTION) The subject property consists of a portion of dedicated unimproved Alton Avenue, which extends from Standard Avenue to the Newport Costa Mesa (State Route 55) Freeway right-of-way, within the City of Santa Ana. The site has a relatively long and narrow land configuration with 86,626 square feet of land area. The net usable land area, exclusive of that portion which lies within an unimproved flood channel, is estimated at 66,546 square feet. While the site is not located in a specific zone district, properties immediately surrounding the site are zoned for industrial use. TOTAL AREA - 86.626 S.F. A 17.10'13' R 1.275.D0' . 382.09' 325.68' T 192.e9' 585'25'4°..W — CL ALTON AVE. PCLI r1®+en A . 14•3'58- ^ R 1.125.00' L — 276.19' i' T . 138.79' Risk Mvwgemad DWI= REM6 APPROVED 8Y. �. ® Risk Manageinenl Spedalis[ EXHIBIT B (PERMISSIBLE USES OF PROPERTY) Planning and Bullding Agancy ( Planning Division 20 Civic Canter Plass P.O. Box 1988 (M-20) I I Santa Ana, CA 92702 (714)647.5804 arww.aenlaananrg M1 (LIGHT INDUSTRIAL) Sec. 41.471. Applicability of division. M1 (light industrial) districts are specifically subject to the regulations contained in this division. Sec. 41.472. Uses permitted in the M1 district. The following uses are permitted in the M1 district: (a) The compounding, processing, or treatment of raw or previous) treated materials into a finished or semi -finished product, excluding those uses specified in section 41.489.5. (b) The manufacture of products from raw or previously treated. materials. excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials. excluding those uses specified in section 41.489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified In section 41489.5. (a) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (1) Impound yards (storage only) with no office or dispatching operations. 0) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41.472.5 (q Research laboratories that do not generate hazardous waste materials (m) Service stations with no more than two thousand (2,000) square feel of the gross floor area devoted to non -automotive related product sales (n) Truck, boat and heavy equipment sales. rental, and service. cm. W mi 0112 Risk Managzmail Division 'I. REVIEWED 6 APPROv®Br + ® Risk Management Specialist , (o) Movie, photography, musical or video production studios. (PI Bulk products sales(twenty-five(25) cubic feet orgreater) when such products are the primary salesactivity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduct,, processes. (s) Wholesale nursery andplant storage. (1) Contractors yard. (u) Automotive repair and service, including body and fender repair. painting, and enginereplacemenl (v) Home improvemenlwarehouse store. (w) Sales of industrial products. supplies and equipment used for final product manufacture- (x) Lumberyard, including mill and sash work if conducted entirely within an enclosedbuilding. (Y) Recyding facilitiesnot in excessof forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code induding: (1) Small collection facilities. (2) Large colleclionfacilities. (3) Light processingfacililies. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) StomgeanddistribLdionofhazardousmaterials. (bb) Passenger transportation services. (Code 1952, § 9230.281:Ord. No. NS455, § 1, 6-20Eq Ord. No. NS- 976; j 1, 8-18-69; Ord. No. NS-996, § 1. 12-15-69, Ord, No. NS-1035; � 5, 9-8-70; Ord. No. NS-1036, § 7, 9-8.70; Ord. No. NS-1060, § 3, 5- 17-71: Ord. No. INS-1123, § 7, 7-17-72:Ord. No. NS-1275, § 2,10-7- 74; Ord. No. NS-1352; § 2, 4477; Ord. No. NS-1507, $ 7 11-19-79, Ord, No. NS-1732, S 41, 6-25-84; Ord. No. NS-1748, $ 1, 10-1-84: Ord. No. NS-1834, § 1, 2-3-86; Ord. No. NS-1934, § 1, 11-1"7; Ord. No. NS-2275. § 8, 12-18-95: Ord. No. NS-2306, § 1, 12-2-96: Ord. No. NS-2333, $ 1. 105.97, Ord. No. NS-2373: § 7, 12-7-98: Ord. No. cmmNr �n�i mr Papv 2 of 10 e i \f RiekMaugariml9iririrr0 Rizvi D 6 APPRQJ® BY: A+.0 Auv44 - Ruk Management Specialist NS-2443, § 2. 9-18.00; Ord No- NS-24 70. § 5. 5-21.01 Ord. No S- 2494, § 8, 4-15-02) Sec. 41 .472.1 . Adcillary uses permitted in the M1 dis I rlct. The following uses are permitted when ancillary to any use permitted by section41-472 or to any use pe nnitted subject to a conditional use permit (1) Administrative office use OOOJpyl ng up to thirty (30) percent of lihe gross floor area (2) Product sales or sehlice uses occupying up to five (5) percent of the gross floor area, {3) Chid care facilities occupying up to thirty (30) percent or the gross floor ansai provided however that no combination of uses permitted by this section shall exceed thirty (30) percert or the gross floe area, (4) The outside storage of Class I and Class n I i q uid's (as defined in the fire code of the City of Santa Ana) in above -ground fixed storage tanks when properly screened pursuant to section 4"22 of lihe Code, as it may be amended from time to time As used herein, "tank"means a vessel containing more than sixty (66)gallons. (S) Enclosed storage where the goods, materials or supples stored are the property of the owner or operator of lihe building or structure occupying up to thirty (30)percent vnrnn e�mut Page 3 d 14 nvn RleleMuiaglanail IXviciurr ; REM&APPROVED BY: ®' Risk Management Specialist Angie Digitally signed by Angie Aceved CERTIFICATE OF LIABILITY INSURApl edd�'Sa9: a Al A I M 10 1aaULU As A MA I I EK Ut• INYOKMATION ONLY AND CONFERS NO RIGHTS UPI DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVEI CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE TIVE 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 riahts to the certificate hnlder in lien of sueh endnrenmen9el CANNON COCHRAN MANAGEMENT SERVICES, INC. 17015 N. SCOTTSDALE RD SCOTTSDALE, AZ 85255 REPUBLIC SERVICES, INC. 18500 N. ALLIED WAY PHOENIX, AZ 85054 COVERAGES CERTIFICATE NUMBER: 2088213 REVISION NOMRFP: 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. ILTR NSR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MWDDNYYY) POLICY EXP (MM/DDNYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR HDO G72462074 06/30/2021 06/30/2022 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 5,000,000 MED EXP (Any one person) GEN'L AGGREGATE LIMIT APPLIES PER: PERSONAL & ADV INJURY $ 5.000,000 GENERAL AGGREGATE $ 5,000,000 POLICY PROJECT ❑ LOC PRODUCTS -COMP/OP AGG $ 5,000,000 OTHER: AAUTOMOBILE LIABILITY X ANY AUTO ISA H25549752 06/30/2021 06/30/2022 COMBINED SINGLE LIMIT (Ea accident) $ 5.000,000 X OWNED AUTOS ff] SCHEDULED BODILY INJURY(Per person) ONLY AUTOS X HIRED AUTOS [XK]NON-OWNED BODILY INJURY (Per accident) PROPERTY DAMAGE ONLY AUTOS ONLY 71 (Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE GGREGATE DED RETENTION $ B A C A D WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ANY PROPRIETOPoPARTNER/EXECUTIVEIN] FFICERIMEMBER EXCLUDED? Mandatory In NH) If yes, describe under NIA WLR C67824D64 ADS WLR C67824027 CA/MAIOR SCF C67824106 - WI WCU C67824143-OH XS TNS C68990592 -TX NSXS 06/30/2021 06/30/2021 06/30/2021 06/30/2021 06/30/2021 O6/30/2022 06/30/2022 06/30/2022 06/30/2022 06r30/2022 X PER OTHER STATUTE Ll E.L. EACH ACCIDENT $ 3.000.000 E.L. DISEASE -EA EMPLOYEE $ 3,000,000 E.L. DISEASE -POLICY LIMIT 1$3,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Division Number. 3876 - Named Insured Includes: Republic Waste Services of Southern California, LLC - Dba: Anaheim Disposal q Brea Disposal // Chino Hills Disposal // Garden Grove Disposal // Placentia Disposal // Yorba Linda Disposal /1 Villa Park Disposal // Republic Services of Southern California -Anaheim CANCELLATION e f?EVIEV/ED 6 APPROV®BY: SHOULD ANY OF THE ABOVE DESCFI+� 11�,• BEFORE THE EXPIRATION DATE THE It I A+ Aeweda ACCORDANCE WITH THE POLICY PF `�' Risk Management SpedzBs[ n, iTunoorn oonn�c�.,r.. r,..� CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 United States ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: A� ° ADDITIONAL REMARKS SCHEDULE Page 2of10 AGENCY NAMEDINSURED REPUBLIC SERVICES, INC. POLICY NUMBER See First Page 18500 N. ALLIED WAY PHOENIX, AZ 85054 CARRIER NAIC CODE See First Page EFFECTIVE DATE: ADDITIONAL REMARKS CERTIFICATF NIIMRFR- inAAgi¢ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. FORM NUMBER: 25 FDRM TITLE: CERTIFICATE OF LIABILITY INSURANCE The following provisions apply when required by written contract. As used below, the term certificate holder also includes any person or organization that the insured has become obligated to include as a result of an executed contract or agreement. GENERAL LIABILITY: Certificate holder is Additional Insured including on -going and completed operations when required by written contract. Coverage is primary and non-contributory when required by written contract. Waiver of Subrogation in favor of the certificate holder is included when required by written contract. AUTO LIABILITY: Certificate holder is Additional Insured when required by written contract. Coverage is primary and non-contributory when required by written contract. Waiver of Subrogation in favor of the certificate holder is included when required by written contract. WORKERS COMPENSATION AND EMPLOYERS LIABILITY: Waiver of Subrogation in favor of the certificate holder is included when required by written contract where allowed by slate law. Stop gap coverage for NO, WA and WY is covered under policy no. WLR C67824064 and stop gap coverage for OH is covered under policy no. WCU C67824143, as noted on page 1 of this certificate. TEXAS EXCESS INDEMNITY AND EMPLOYERS LIABILITY: Insured is a registered non -subscriber to the Texas Workers Compensation Act. Insured has filed an approved Indemnity Plan with the Texas Department of Insurance which offers an alternative in benefits to employees rather than the traditional Workers Compensation Insurance in Texas. The excess policy (#TNS C68990592) shown on this certificate provides excess Indemnity and Employers Liability coverage for the approved Indemnity Plan. Contractual Liability is included in the General Liability and Automobile Liability coverage forms. The General Liability and Automobile Liability policies do not contain endorsements excluding Contractual Liability. Separation of Insured (Cross Liability) coverage is provided to the Additional Insured, when required by written contract, per the Conditions of the Commercial General Liability Coverage form and the Automobile Liability Coverage form. Re: RFP21-097 - East Alton Avenue Lot License Agreement Additional Insured includes: City of Santa Ana, its officers, employees, agents, volunteers and representatives, when required by written contract. REVIEWED & APPROVED Br. Risk Management Specialist .......... ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named hisieetl _...___ -_ Repub4C �m�. Inc. 7Etmersement Number I24 POi y Sym6d Y ri enher Poky Perlad Eftea ve Dale of Endorsement ISA H2554g752 06/3012021 To 06r30C1022 issued ay (Moron w Insurance L;=PWY) ACE American Insurance Company Yadrtlie mmeMardihe lNO IodemmpfeSed emy dss erabrmeMmis. euLsege�mmehe WePaiaRoot as the parry. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the follouving: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): A. For a covered 'auto,' Who Is insured is amended to include as an Insured,' the persons or organizations narred in lids endorsemerd. However, these persons or organizations are an "Insured" only for'bodiy injury" or -property damage" resulting from acts or omissions of. 1. You- 2- Any of your "employees' or agents. 3. Any person operating a covered'auto' with permission from Many of your'employees' or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. f]4-9074c (03.18) <::7iW Authorized Representative RiskMuaganmtDMdDn Cft RtmeAT=Dry&APPRWs� SY- Fl� &,tvik �Rek Management Specialist Of NOTICE TO OTHERS ENDORSEMENT - NOTICE BY INSUREDS REPRESENTATIVE Named Insured Republic Services, Inc. Endorsement Number 195 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H25549752 06/30/2021 To 06/30/2022 Issued By (Name of Insurance company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS UTO COVERAGE FORM A. If we cancel, non -renew, or materially change the Policy prior to its expiration date by notice to the first Named Insured for any reason other than nonpayment of premium, we will, as set out in this endorsement, send written notice of such cancellation, non -renewal or material change, to the first Named Insured and will allow its representative to send such notice to all persons or organizations that the first Named Insured has contractually agreed to provide such notice. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification. The failure to provide advance notification of cancellation, non -renewal, or material change will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation, non -renewal or material change of the Policy. C- We will only be responsible for sending such notice to the first Named Insured who will notify its representative, and its representative will, in turn, send all applicable persons or organizations notice of cancellation, non - renewal, or material change at least 30 days prior to the applicable event date D. This endorsement does not apply in the event that the first Named Insured cancels the Policy. All other terms and conditions of the Policy remain unchanged. MS-35291 (06115) CChubb.2016- All rights reserved- 24 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS — es, Inc. — End.rnmem Humber 163 ISA I H26640762 I O&3Q=21 To OSFJW022 Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Oroan¢ation Additional Insured Endorsement Any additional nsured with whom you have agreed to provide such non- DA91.174b contributory insurance, pursuant to and as required under a written contract executed prior to One date of loss. (tt no kdbrmation is Ned in, the schedute shad read: 'Aff persons or entities added as addrddnal insureds through an endorsement with the Term Addidorw krstrved' in the Wei For organizations that are listed in the Schedule above that are also an Addtional Insured under an endorsement attached to this policy, the following is added to the Other Insurance Condition under General Conditions: If other insurance is available to an Insured we cover under any of the endorsements listed or described above (the 'Additional Insured') for a toss we cover under this poIlcy, this insurance WIN apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. DA•21888b (06114) Authorized Rctresenfative funk Mvwgemmt Lwmwn RrmEwEo6Av RoV By. A+�:r Acavado �' RA Management Specialist POLICY NUMBER: HDO G72482074 Endorsement Number: 144 COMMERCIAL GENERAL LIABILITY CO 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any Owner, Lessee or Contractor whom you have All locations where you are performing operations for agreed to include as an additional insured under a such additional insured pursuant to any such written written contract, provided such contract was executed contract. prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the Iccation(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 0413 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the camp nrniont C. With respect to the insu additional insureds, the Section III — Limits Of In If coverage provided to required by a contract or C Insurance Services Office, Inc., 2012 Page 1 of 2 will pay on behalf of the additional insured is the whichever is less. amount of insurance: This endorsement shall not increase the 1. Required by the contract or agreement; or applicable Limits of Insurance shown in the 2. Available under the applicable Limits of Declarations. Insurance shown in the Declarations; Risk Mouganad DMicri Rwexm & Arraov®9Y: . A� A�:vrsia ® Risk Management Specialist Page 2 of 2 D Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: HDO G72482074 Endorsement Number: 113 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any Owner, Lessee or Contractor whom you have All locations where you are performing operations for agreed to include as an additional insured under a such additional insured pursuant to any such written written contract, provided such contract was executed contract. prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard'_ However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less_ This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Risk Muagenadl)Mslun REVIEWED & APPRaIM BY. A*jz, Aewdo ®' Risk Management Specialist Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT - NOTICE BY INSURED'S REPRESENTATIVE Named Insured Republic Services, Inc. Endorsement Number 62 Policy Symbol IPolicy Number Policy Period Effective Date of Endorsement HDO IG72482074 06/30/2021 To 06130/2022 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. If we cancel, non -renew, or materially change the Policy prior to its expiration date by notice to the first Named Insured for any reason other than nonpayment of premium, we will, as set out in this endorsement, send written notice of such Cancellation, non -renewal or material change, to the first Named Insured and will allow Its representative to send such notice to all persons or organizations that the first Named Insured has contractually agreed to provide such notice. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification. The failure to provide advance notification of cancellation, non -renewal, or material change will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation, non -renewal or material change of the Policy. C. We will only be responsible for sending such notice to the first Named Insured who will notify its representative, and its representative will, in turn, send all applicable persons or organizations notice of cancellation, nonrenewal, or material change at least 30 days prior to the applicable event date D. This endorsement does not apply in the event that the first Named Insured cancels the Policy. All other terms and conditions of the Policy remain unchanged. MS-35172 (06/20) ®Chubb. 2016. All rights reserved. NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS ..Named teeu2d .>,_'- Republic Services, Inc. I Podq symbd -Policy Number I'I Polky PMod -- HDO G724620"' 1 06/30/2021 to 06/30/20Z laeuetl By (Nam o-ineurenoe Company) _ ACE American Insurance Company _. keen die poYcy number -The rem wer of me Immmabon w to be mmpleted only THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed CG2026; CG2010; CG2037 to provide such non-contributory Insurance, pursuant to and as required under a written contract executed prior to the date of loss. (If no information is filled In, the schedule shall read: All persons or entities added as additional Insureds through an endorsement with the term Additional Insured"in the tide) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA.a: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the *Additional Insured") for a loss we cover under this policy, this insurance will applytosuch loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. LD-20287 (06/06)