HomeMy WebLinkAboutUSA Waste of California - A-2004-010A
- .i!TStlf.,,;NCE NOT ON FilE
WORK MAY NOT PROCEED
CLERK Of COUNCIL
DATE:,;J. - //-01
.
A -;1,004-010 A
.
AMENDMENT TO AGREEMENT
y\
c..: PWyI THIS AMENDMENT, made and entered into this ~ day of January 2004, by and between USA
k CaJdi) Waste of California Inc., formally Great Western Reclamation, a division of Waste Management Collection
V . and Recycling. 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".
A.
B.
RECIIALS
The Parties entered into that certain agreement entitled "AGREEMENT FOR THE
COLLECTION AND HANDLING OF CONSTRUCTION AND DEMOLITION SOLID
WASTE GENERATED, PRODUCED ANDIORACCUMULATED 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 provide continuous uninterrupted service under the Agreement;
C.
On January 6, 2003, Parties amended said Agreement to extend the Term of said Agreement
and Program Surcharge of said Agreement in order to provide for increases in
administrative costs and to provide continuous uninterrupted service under the Agreement;
D.
The Parties hereto now desire to further amend the Term and Program Surcharge of said
Agreement 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 the cost
of services.
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 from December 31, 2003 to December 31, 2004. The Term may therafter be
extended upon a writing executed by the City Executive Director of Public Works for one (1)
additional year to December 31, 2005. This Agreement, as amended, may be terminated by either
party upon 30 days written notice to the other party, with or without cause.
2. Section 7 of said Agreement, pertaining to Program Surcharge of said Agreement, is hereby
amended to increase the program surcharge from 10.6% to 12.8%.
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.
. -.
.
ATTEST: U-fJ
(/~~
PATRICIAE. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLET~HER
Ci<y l" \L
By: ~ L----.
Michae Vigliotta
Deputy City Attorney
--'-"'-
.
CITY ?F $AN~Ä.NA
Uu~ W~
DAVIDN.REAM
City Manager
. ,
PRODUCER
Lockian Companies of Houston, Inc.
5847 San Felipe, Suile 320
Houston, TX 77057
888-280-3538 (Phone)
888-492-1055 (Fax)
INSURED: WASTE MANAGEMENT and
Waste Management of Orange County
1800 S. Grand Avenue
Santa Ana, CA 92705
CERTIFICATE OF INSURANCE Da~e;)~1~~~~)
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
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 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. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLAIMS.
,~~ TYPE OF INSURANCE
GENERAL LIABILITY
ALL OWNED AUTOS
X HIREDAUTas
POLICY NUMBER EFFECTIVE DATE EXPIRATION LIMITS
DATE
EACH OCCURRENCE $ 5,000,000
FIRE DAMAGE IA" ONE "REi $ 5,000,000
HOO G21693054 1/1/2004 1/1/2005 MED EXP PER "RSONI
PERSONAL & ADV INJURY $ 5,000,000
GENERAL AGGREGATE $ 6,000,000
PRODUCTS/COMp, op, AGG $ 6,000,000
COMBINED SINGLE LIMIT $ 10,000,000
(EACH ACCIDENT)
ISA H08010948 1/1/2004 1/112005
A
X COMMERCIAL GENERAL LIABILITY
X OCCURRENCE
X xcu INCLUDED
X ISOFORMCGOO011001
GEN'L AGGREGATE LIMIT APPLIES PER'
X PROJECT
X LOCATION
AUTOMOBILE LIABILITY
X ANY AUTO
A
X NON-OWNED AUTOS
X MCS-'O
EXCESS LlABILlTY/UMBRELLA
A
X OCCURRENCE
XOOG21808234
1/1/2004
EACH OCCURRENCE
1/1/2005 AGGREGATE
$
$
15,000,000
15,000.000
CLAIMS MAaE
WORKERS' COMPENSATION
B and EMPLOYERS LIABILITY
A
WLR C43972765
SCF C43972728 (WI)
WORKERS' COMPENSATION STATUTORY
1/1/2004 1/112005 EL EACH ACCIDENT $ 3,000,000
EL DISEASE-EA EMPLOYEE $ 3,000,000
EL DISEASE-POLICY LIMIT $ 3,000,000
REMARKS, DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS,
C~6~K BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIREO BYWR'TIEN CONTRACT.
¡g¡ CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
CIIy of Sanla Ana, Ita officers, employees, agents and yolunlee.. are nemed as Addltlonallnsurads with respect to all operations by the Named
Insured on all IIcles exce Wor1<ers' Com naationlEL where and to tha extent as ulred b written contract
CERTIFICATE HOLDER:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION OATE THEREOF. THE ISSUING INSURER WILL MAIL '30 DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, "EXCEPT 10 DAYS NOTICE FOR NON-
PAYMENT.
City of Santa Ana
20 Civic Cenler Plaza
P.O. Box 1988
Santa Ana, CA 92702
AUTHORIZED REPRESENTATIVE
~-.,..~
frl-år
. .
POLICY NUMBER: HOO 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 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 Ihe extent required by written contract.
AUTHORIZED REPRESENTATIVE:
c5---~~
,;¡<
~c!/. ~/'-
CG 20101185
Copyrighl, Insurance Services Office, Inc., 1984