HomeMy WebLinkAboutUSA Waste of California - A-2003-001
~ AMENDMENT TO AGREEMEN~ A-2003-001
THIS AMENDMENT, made and entered into this ~ day of January 2003, by and between USA
Waste of California, Inc. formally, Great Western Reclamation, a division of Waste Management
Collection and Recycling, Inc. hereinafter ("Contractor") and the City of Santa Ana, a charter city and
municipal corporation duly organized and existing under the Constitution and laws of the State of
California ("City"), collectively referred to herein as "the Parties".
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RECIIALS
The Parties entered into that certain agreement entitled "AGREEMENT FOR THE
COLLECTION AND HANDLING OF CONSTRUCTION AND DEMOLITION SOLID
WASTE GENERATED, PRODUCED AND/OR ACCUMULATED AT A TEMPORARY
CONSTRUCION SITE IN THE CITY OF SANTA ANA" dated January 2, 1996,
hereinafter referred to as "said Agreement", for providing the collection and removal of
construction and demolition materials generated at temporary construction sites;
On June 30, 2002, Parties amended said Agreement to extend the Term of said Agreement
in order to in order to provide continuous uninterrupted service under the Agreement;
Since the execution of the First Amendment to said Agreement, Parties have met to discuss
extending the Term of said Agreement and updating the Program Surcharge of said
Agreement to accurately reflect the current program surcharge;
The Parties hereto now desire to amend the Term and Program Surcharge of said
Agreement in order to in order to provide continuous uninterrupted service under the
Agreement and to increase the percentage paid to the City as a Program Surcharge to
accurately reflect said amount.
WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter
contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended,
the parties hereto do hereby agree as follows:
1. Section 2, of said Agreement, pertaining to Term of said Agreement is hereby amended to change
the termination date of December 31, 2002, to January 31, 2003 with 11 one month options to
extend, to be authorized by the Executive Director of the Public Works Agency in order to provide
necessary continuous uninterrupted service to the City.
2. Section 7 of said Agreement, pertaining to Program Surcharge of said Agreement is hereby
amended to increase the program surcharge trom 6% to 10.6%.
3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the
date and year first above written. /-
.
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City AttolTIey 1"
By: \\\1~. \~
Michael Vigliotta
Deputy City Attorney
.
CONTRACTOR
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USA Waste of California, Inc
. .
Date: (MM/DDIYY)
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 America
CERTIFICATE OF INSURANCE
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
Insurer A:
Insurer B:
Insurer C:
Insurer D:
Insurer E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLAIMS.
'~,s: TYPE OF INSURANCE
GENERAL LIABILITY
A
X COMMERCIAL GENERA' ClABICITY
X OCCURRENCE
X XCU INCWDED
X ISOFORMCGDaO1'OO1
GEN" AGGREGATE ClMIT APPLIES PER
X PROJECT
X COCATION
AUTOMOBILE LIABILITY
A
X ANY AUTO
ALL OWNED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
X MCS.90
EXCESS LIABILITY/UMBRELLA
A
POLICY NUMBER
EFFECTIVE DATE
EXPIRATION LIMITS
DATE
EACH OCCURRENCE $ 5,000,000
FIRE OAMAGE ¡ANYONERREI $ 5,000,000
1/1/2005 MED EXP 'PER PERSO,",
PERSONAL & ADV INJURY $ 5,000,000
GENERAL AGGREGATE $ 6,000,000
PRODUCTS/COMPo OP. AGG $ 6,000,000
HDO G21693054
1/1/2004
$
10,000,000
COMBINED SINGLE LIMIT
tEACH ACCIDENT)
ISA H08010948
1/1/2004
1/1/2005
EACH OCCURRENCE $ 15,000,000
XOOG21808234 1/1/2004 111/2005 AGGREGATE $ 15,000.000
WORKERS' COMPENSATION STATUTORY
WLR C43972765 1/1/2004 1/1/2005 EL EACH ACCIOENT $ 3,000,000
SCF C43972728 (WI) EL OISEASE-EA EMPLOYEE $ 3,000,000
EL DISEASE-POLICY LIMIT $ 3,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUStONSADDED BY ENDORSEMENT PROVISIONS:
BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIRCATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REOUIRED BY WRITTEN CONTRACT.
¡g¡ CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED IEXCEPT FOR WORKERS' COMPIELI WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
City or Santa Ana, Its office... employees, agents and vDlunteB" are named as Additional Insureds with respect to all Dpe..tlons by the Named
Insured on all IIcles exce t Worke..' Com ensatlon/EL where and to the extent as re ulred b written contract
CERTIFICATE HOLDER:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
CANCELLATION:
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING INSURER WICC MAle "30 DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLOER NAMED TO THE LEFT. "XCEPT 10 DAYS NOTICE FOR NON.
PAYMENT.
AUTHORIZED REPRESENTATIVE
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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, information required to complete this endorsement would 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 oniy 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 contract.
AUTHORIZED REPRESENTATIVE:
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CG 20101185
Copyright, Insurance Services Office, Inc., 1984