HomeMy WebLinkAboutGREAT WESTERN RECLAMATION - A-1996-007
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AGREEMENT FOR COLLECTION AND HANDLING OF
CONSTRUCTION AND DEMOLITION SOLID WASTE
GENERATED, PRODUCED AND/OR ACCUMULATED AT A
TEMPORARY CONSTRUCTION SITE IN THE CITY OF
SANTA ANA
AGREEMENT, made and entered into this ~ day of
, 1996, by and between the City of Santa Ana, a
nicipa1 orporation of the State of California, hereinafter
referred to as "CITY" and Great Western Reclamation, a division of
Waste Management Collection and Recycling, Inc., a California
Corporation, hereinafter referred to as "CONTRACTOR,"
R E C I TAL S
1. The Legislature of the State of California by enactment of
California Integrated Waste Management Act (CIWMA) of 1989
requires local agencies to make provisions for solid waste
handling and recycling within their jurisdictions.
2. The City Council of the City of Santa Ana desires that
small businesses be encouraged and allowed to maintain a
business presence in the city.
3. The City Council of the city of Santa Ana declares its
intention of maintaining reasonable rates for collection,
transportation and recycling of solid waste.
NOW, THEREFORE, in consideration of the respective and mutual
covenants and promises contained and made, and subject to all the
terms and condition hereof, the parties hereto do hereby agree as
follows:
1.
NON-EXCLUSIVE GRANT OF CONTRACT
CITY hereby grants to CONTRACTOR, for the term hereinafter
specified, a non-exclusive right to collect, recycle, divert,
and transport to appropriate facilities as set forth in the
Agreement, construction and demolition solid waste generated,
produced, and/or accumulated at a temporary construction site
and which is being disposed of in a roll-off container and/or
a bin in the City of Santa Ana. CONTRACTOR, subject to all of
the terms hereof, hereby accepts and agrees to faithfully
perform such obligations.
2.
TERM OF CONTRACT
The term of this Agreement shall begin on the date of
execution and shall extend to June 30,2002 unless extended by
mutual agreement of both parties.
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3.
DEFINITIONS
a. Construction and Demolition (C&D) Solid Waste includes
solid wastes, such as building materials, and packaging and
rubble resulting from construction, remodeling, repair and
demolition operations on streets, pavements, houses,
commercial buildings, and other structures.
b. Customer means a user of CONTRACTORS'S bin or roll-off
service for C&D solid waste.
c. End User means a facility that processes, uses and/or sells
source separated recyclable construction and demolition solid
waste.
d. Executive Director means the Executive Director of the
Public Works Agency of the City of Santa Ana.
e. Gross Receipts means and includes all revenues actually
received by CONTRACTOR arising from, or attributable to, the
services provided by CONTRACTOR to its customers in the CITY
pursuant to this Agreement. Gross receipts includes all
revenues collected from such customers as reimbursement for
the cost of depositing materials at materials recovery
facilities and end users.
f. Materials Recovery Facility means a facility permitted as
a Solid Waste Facility by the California Integrated Waste
Management Board for sorting, separating and processing of
recyclable solid wastes as well as the segregation and
transportation of non-recyclable solid wastes to a disposal
site.
g. Recyclinq means collecting, sorting, cleansing, treating,
processing and reconstituting recyclable solid wastes for the
purpose of reuse.
4.
AREA OF OPERATION
CONTRACTOR shall have the right to operate anywhere within the
ci ty limits.
5.
SERVICE RATES
Service rates for roll off and bin services
determined by the CONTRACTOR until July 1, 1998.
shall
be
The CITY shall determine new service rates for construction
and demolition roll-off and bin services which shall become
effective July 1, 1998, utilizing market rates as the basis
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for determining such rates. Market rates shall be equal to
the average of the rates charged by all haulers operating in
the City on May I, 1998 for like services in the city.
In determining new service rates, the program surcharge shall
be added to the market rates. Any program surcharge or
related fees reflected in the market rates shall be subtracted
from the market rates.
6.
LEGAL RESPONSIBILITIES
CONTRACTOR shall at all times comply with all applicable
provisions of the Santa Ana Municipal Code, now in effect or
hereafter enacted, as well as all other applicable County,
State and Federal laws and regulations; provided, however, no
amendment of the Code shall operate or materially impair the
rights and privileges of CONTRACTOR hereunder. Should any
State or Federal laws become effective after the date of
execution of this agreement, which both parties agree require
modifications to the terms hereof, the parties agree to meet
and confer regarding any such modifications.
7.
PROGRAM SURCHARGE
(a) Effective July 1, 1998 CONTRACTOR shall pay to the CITY a
solid waste program surcharge equal to six (6) percent of
CONTRACTOR'S gross receipts as defined in section 3.
(b) Payments made to the CITY of said solid waste surcharges
shall be made to the CITY on a monthly basis and shall be due
and payable on or before the last calendar day of the
following month. Accompanying each payment will be a listing
of the gross receipts for that corresponding month.
Contractor shall, whenever requested to do so, make available
such records to the Executive Director at any reasonable time.
(c) Failure of contractor to make any of the payments provided
for in section (a) above on or before the dates due will
result in a penalty of ten (10%) percent per month to
CONTRACTOR.
8.
RECYCLING REQUIREMENTS
Effective July 1, 1998 CONTRACTOR shall transport all solid
waste collected by the CONTRACTOR either to a state permitted
Materials Recovery Facility (nMRFn), which MRF shall be
acceptable to the CITY, or directly to an End User. No solid
waste collected may be taken directly to a landfill unless
such material is to be reused at the landfill site.
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All solid waste transported to a MRF shall be processed and
the portion thereof which is recyclable shall be recycled by
waste type in amounts so as to comply with CIWMA and the
city's SRRE.
CONTRACTOR will be responsible to subcontract for the use of
such facilities so as to ensure the CITY'S compliance with
CIWMA.
REPORTING REQUIREMENTS
CONTRACTOR shall maintain disposal records for all solid waste
taken to a MRF or End User for audit by the City. CONTRACTOR
shall prepare and submit to the CITY, on forms previously
approved by the CITY, all monthly or annual reports required
of the CITY pursuant to the California Integrated Waste
Management Act. In addition thereto, CONTRACTOR shall provide
to the CITY an annual report which provides a collated summary
of all the information contained in the monthly reports
referred to above.
CITY may require additional reports from CONTRACTOR should the
reports requested, or submitted, pursuant to this section not
satisfactorily fulfill the CITY'S requirement.
INDEMNIFICATION
CONTRACTOR hereby agrees and guarantees to the CITY that
CONTRACTOR will do each, every and all things required to
ensure that all solid waste generated, produced or accumulated
in the CITY which is collected by CONTRACTOR will at all times
be in full compliance with all of the provisions of the CITY'S
SRRE, the California Integrated Waste Management Act, and
amendments thereto adopted hereafter.
CONTRACTOR will protect, indemnify, pay, save, defend, and
hold the CITY harmless from any and all loss, expense, damage,
fines, penalties and liability of every kind and nature
whatsoever by virtue of any non-compliance with such CITY and
statutory requirements, provided, however, that CONTRACTOR
shall not be responsible to the extent solid waste is
generated in the CITY and collected or disposed, or both, by
other than CONTRACTOR.
CONTRACTOR agrees to protect, defend, with counsel approved by
the CITY, and indemnify CITY against any and all fines and/or
penalties imposed by the California Integrated Waste
Management Board in the event that the diversion quantities
contained in the CITY's SRRE are not met, however, CONTRACTOR,
shall not be responsible to the extent solid waste is
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generated in the CITY and collected by other than CONTRACTOR.
DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT
(a) In the event CONTRACTOR defaults in the performance of any
of the obligations, covenants or agreements to be kept, done
or performed by it under the terms of this Agreement, or any
other applicable Federal, state, or local law or regulation,
the CITY shall notify CONTRACTOR in writing of the nature of
such default.
(b) The Executive Director may, in such written instrument,
set a reasonable time within which correction of all such
deficiencies is to be made. Unless otherwise specified, a
reasonable time for correction shall be thirty (30) days from
the receipt by the CONTRACTOR of such written notice. If the
CONTRACTOR cannot reasonably correct or remedy the breach
within the time set forth in such notice, CONTRACTOR shall
still be required to commence to correct or remedy the
violation within such time as set forth in the notice and
shall be required to diligently achieve such correction or
remedy as soon thereafter as possible.
(c) The Executive Director shall review the CONTRACTOR'S
response to the notice of deficiencies and shall either decide
the matter and notify the CONTRACTOR of the decision in
writing, or, refer the matter to the City Council. A decision
or order of the Executive Director shall be final and binding
on CONTRACTOR if the CONTRACTOR fails to file a "Notice of
Appeal" with the City Clerk within 10 days of receipt of the
Executive Director's decision. within thirty working days of
receipt of a Notice of Appeal, the City Clerk shall refer the
appeal to the City Council for proceedings in accordance with
Chapter three of the Santa Ana Municipal Code.
(d) In such case, the City Council may set the matter for
hearing. The city Clerk shall give contractor written notice
of the time and place of the hearing. At the hearing, the
City Council shall consider the report of the Executive
Director indicating the deficiencies, and shall give the
CONTRACTOR a reasonable opportunity to be heard.
(e) Based on the evidence presented at the public hearing, the
city Council shall determine by Resolution whether this
Agreement should be terminated. If, based upon the records,
the City Council determines that the performance of CONTRACTOR
is in breach of any material term of this Agreement or any
material provision of any applicable Federal, state, or local
statute or regulation, the City Council, in the exercise of
its sole discretion, may terminate forthwith the Agreement.
The decision of the City Council shall be final and
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conclusive. CONTRACTOR'S performance under the Agreement is
not excused during the period of time prior to the City
Council's final determination as to whether such performance
is deficient.
(f) CONTRACTOR reserves the right to terminate this agreement
if new service rates determined by the CITY pursuant to
section 5 are unacceptable to CONTRACTOR. CONTRACTOR shall
provide CITY with thirty (30) days written notice of
CONTRACTOR'S intention to terminate Agreement.
12.
INSURANCE
(a) Workers' Compensation Policy: CONTRACTOR shall maintain in
full force and effect during the term of this Agreement, a
workers' compensation policy in accordance with the provisions
and requirements of the Labor Code of the State of California
and such other forms of insurance as shall be required by law.
The policy providing coverage shall provide that the insurance
shall not be suspended, voided, canceled, or reduced in
coverage or in limits except after thirty (30) days prior
written notice by certified mail has been given to the CITY.
(b) Public Liability Insurance: CONTRACTOR shall obtain, at
its sole cost, and file with the City Clerk of CITY, prior to
exercising any right or performing any obligation pursuant to
this Agreement, and maintain for the period covered by this
Agreement, a policy or policies of liability insurance, or
certification of insurance, satisfactory to the City Attorney
of CITY, naming CITY, its officers, agents and employees, as
insured or additional insured, which provides coverage for
liability for any and all claims and suits for damages or
injuries to persons or property resulting from or arising out
of the performance by CONTRACTOR, its officers, agents, or
employees, or by CITY, its officers, agents, or employees of
any covenants hereunder, or any failure or omission thereof.
Said policy or policies of insurance shall provide coverage
for both bodily injury and property damage in not less than
the following minimum amount: One Million Dollars ($1,000,000)
combined single limit. Said insurance shall protect
CONTRACTOR and CITY from any claim for damages for bodily
injury, including accidental death, as well as from any claim
for property damage which may arise from operations performed
pursuant to this Agreement, whether such operations be by
CONTRACTOR itself, or by its agents, employees, and/or
subcontractors. Said policy shall also contain a provision
that no termination, cancellation or change of coverage of
insured or additional insured shall be effective until after
thirty (30) days prior written notice by certified mail
thereof has been given to CITY. CONTRACTOR shall give CITY
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prompt and timely notice of any claim made or suit instituted.
MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS
(a) Bins and roll-off containers provided by CONTRACTOR shall
be of a design and size to contain, at all times, the contents
therein in such a manner as to promote best possible
housekeeping conditions. Bins and roll-off containers
supplied by the CONTRACTOR shall, at all times, be maintained
by it in a well-kept appearance and shall be marked with
reflectorized material where such bins and/or roll-off
containers are or may reasonably be expected to be located in
the public right-of-way.
(b) CONTRACTOR shall cause to have graffiti removed from bins
and from roll-off containers within five (5) business days of
a request by CITY to do so. Failure to remove the graffiti
within the required five (5) business days excluding holidays,
shall result in the assessment of a two hundred dollar ($200)
fine to the CONTRACTOR.
NOTICES
Any notice required by this Agreement shall be sufficiently
served if personally delivered or if deposited into the U.S.
Mail, postage prepaid, and if addressed as follows:
If served by CONTRACTOR upon CITY:
Executive Director of Public Works
Public Works Agency
City of Santa Ana
101 West Fourth street, 4th Floor
Santa Ana, California 92701
If served by CITY upon CONTRACTOR:
Robert J. Coyle, Division President
Great Western Reclamation
1800 South Grand
Santa Ana, California 92705
with a courtesy copy to:
Group General Counsel
Waste Management, Inc.
18500 Von Karman Avenue
suite 900
Irvine, California 92715
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15.
VALIDITY
The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of the other
provisions of this Agreement.
16.
ASSIGNABILITY
CONTRACTOR may not assign or transfer any rights, interest or
duties or obligations of performance under this Agreement,
whether by assignments or novation, without the prior written
consent of the CITY; provided, however, that claims for money
due or to become due to the CITY under this Agreement may be
assigned to a bank, trust company or other financial
insti tution, or to a trustee in bankruptcy, without such
approval.
17.
GOVERNING LAW
This Agreement shall be governed by and construed
accordance with the laws of the State of California.
in
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first hereinabove written.
ATTEST:
CITY OF SANTA ANA
By
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By el A. Pulido ~
ayor
APPROVED AS TO FORM:
CONTRACTOR
BY~
Edward. op r
City Attorney
By ß~o/~
D~v~s~on Pres~dent
Great Western Reclamation
Approved as to content
(2- I --
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City Mana¡er
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RECOMMENDED FOR APPROVAL:
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CERTIFICATE OF INSURANCE
Date: (MMIDDIYY)
12/2112003
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
ACE American Insurance Company
Indemnity Insurance Company of North Amenca
Insurer A:
Insurer B:
Insurer C:
Insurer 0:
Insurer E:
PRODUCER
Lockton Companies of Houston, Inc.
5847 San Felipe, Suite 320
Houston, TX 77057
866-260-3538 (Phone)
866-492-1055 (Fax)
INSURED: WASTE MANAGEMENT and
Waste Management of Orange County
1800 S, Grand Avenue
Santa Ana, CA 92705
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABDVE FDR THE PDLlCY PERIDD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM DR CONDITION DF ANY CDNTRACT DR DTHER DDCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFDRDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TD ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE OATE EXPIRATION LIMITS
LTR OATE
GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000
A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (ANYON"'." $ 5,000,000
X OCCURRENCE HDO G21693054 11112004 11112005 MED EXP "'E. ".SON)
X XCU INCLUOEO PERSONAL & ADV INJURY $ 5,000,000
X ISO FORM CG 000' '00' GENERAL AGGREGATE $ 6,000,000
GEN'L AGGREGATE LIMIT APPLIES PER j/Z PRODUCTS/COMP. Op, AGG $ 6,000,000
X PROJECT M
X LOCATION '-dun :-.:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 10,000,000
A X ANY AUTO (EACH ACCIOENTI
ALL OWNEO AUTOS ISA H08010948 1/112004 11112005
X H(REO AUTOS
X NON-OWNEO AUTOS
X MCS-SO
EXCESS LlABILlTYIUMBRELLA EACH OCCURRENCE $ 15,000,000
A X OCCURRE"CE XOOG21808234 11112004 11112005 Þ.GGREGATE $ 15.000.000
WilMS MAOE
WORKERS' COMPENSATION WORKERS' COMPENSATION STATUTORY
B and EMPLOYERS LIABILITY WLR C43972765 11112004 1I112D05 EL EACH ACCIDENT $ 3,000,000
A SCF C43972728 eNl) EL DISEASE-EA EMPLOYEE $ 3,000,000
EL DISEASE-POLICY LIMIT $ 3,000,000
REMARKS: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONSADDED BY ENDORSEMENT PROVISIONS:
C~6~K BLANKETWAJVE. OF SUBROGATION IS GRANTED (N FAVOR OF CE.TIFICATE HOLOER ON ALL POLICIES WHERE ANa TO THE EXTENT ""QUIREO BY WRITTEN CONTRACT,
[8] CERTIFICATE HOLDER (B NAMEO AS AN ADDITIONAL (NSURED (EXCEPT FOR WORKERS' COMPIEL) WHERE AND TO THE EXTENT REQUIREO BY WRITTEN CONTRACT,
City of Santa Ana, Its offica... BmploYBaa, agents and volunt.... are named as Addltlonallnau,eds with ..apact to all opa..Uona by the Nomad
Inaured on all ollclee exee Wo"'a..' Com nsaUon/EL whe" and to the extent as re ulred b written cont..ct,
CERTIFICATE HOLDER:
CANCELLATION:
SHOULO ANY OF THE ABOVE OESCRIBEO POLICIES BE CANCELLEO BEFORE THE
EXP(RATION OATE THEREOF. THE ISSUING (NSURER WILL MAIL "30 DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT. 'EXCEPT 10 OAYS NOTICE FOR NON-
PAYMENT.
City of Santa Ana
20 Civic Center Plaza
P,O, Box 1988
Santa Ana, CA 92702
AUTHORIZED REPRESENTATIVE ~--:o-~
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POLICY NUMBER: HDO G21693054
COMMERCIAL GENERAL LIABILITY
By:
ACE American Insurance Company
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
Named Insured:
Waste Management of Orange County
1800 S, Grand Avenue
Santa Ana, CA 92705
Name of Person or Organization:
City of Santa Ana, its officers, employees. agents and volunteers
(If no entry appears above, informatiDn required to complete this endorsement would be shown in the DeclaratiDns 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. .
Such insurance as is afforded by this policy for the additional insured shown in the Schedule of this
endorsement shall apply as primary insurance and we will not seek contribution from any other insurance of
self-insurance maintained by such additional insured,
'where and to the extent required by written cDntract.
AUTHORIZED REPRESENTATIVE:
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CG 20101185
CDpyright, Insurance Services Office, Inc" 1984