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HomeMy WebLinkAboutWARE DISPOSAL 1b- A-2003-002 . " ~" . AMENDMENT TO AGREEMEN.ø A-2003-002 THIS AMENDMENT, made and entered into this _bf'--' day of January 2003, by and between Ware Disposal Company, 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". ~~ ~,i .~ ~) l.LIe -J l.LI ¡:¡:l.LI-J u- zouN\ og:5'a t3 t:;1 s:f B. z'z '-'-M; t3>-o' ~~~~ c:: >0::: l.LI <c C. =>c::dc <no ~3:: D. RECIIALS A. 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: I. 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 from 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 ~~ PATRICIAE.HEALY \) Clerk ofthe Council .. ., . . .~ APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CONTRACTOR ~MmíJa1ß- Ju are ìj;cyG3 President . Ware Disposal Inc. AC_OR..D. CERTIFICATE OF LIABILITY INSURANCE DAI> "'M DDYV, 277 (j4 PR"DUCER 626/795-9000 THïšCERTIFICA TE "SUED ASA' MA ITER OF INFO-RMA TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Solid Waste Insurance Managers, Inc. 115 N. EI Molino Ave. Pasadena,CA 91101 COMPANY A Discover Prop.& Cas.ins.Co. INSURED WARE DISPOSAL, INC. A-119¡'-t7tJ(P (Per Named Insd List Attached) A-).a>~ - /1;.. Post Office Box B206 A- ;'OOÒ-OO:J. Newport Beach CA 92658 A- ;1,ooq.-olof; COMPANY B U.S. Fideiity & Guaranty Co. COMPANY C COMPANY D BEEN ISSUED TO THE INSURED NAMED OF ANY CONTRACT OR OTHER AFFORDED BY THE POLICIES DESCRIBED HEREIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE POLICY NUMeER POLICY EFFECTIVE POLICY EXPIRATION DATE IMM/DDIYY) DATE 'MM/DDIYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [)<] OCCUR X OWNER'S & CONTRACTOR'S PROT D150POO190 2/28/04 2/28/05 GENERALAGGREGATE PRODUCTS - COMP/OP AGG . 2000000 1000000 1000000 1000000 1000000 10000 PERSONAL & ADV INJURV EACH OCCURRENCE FIRE DAMAGE IAoV '"""" MED EXP IAov '"' p",,"1 B AUTOMOBILE LIABILITY X ANV AUTO D150AOO095 2/28/04 2/28/05 COMBINED SINGLE LIMIT 1000000 ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURV (P"p""ol HIRED AUTOS NON-OWNED AUTOS BODILVINJURY (P" ",Id"" PROPERTY DAMAGE AUTO ONL V - EA ACCIDENT' OTHER THAN AUTO ONLY' EACH ACCIDENT' AGGREGATE' UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE THE PROPRIETORI PARTNERS/EXECUTIVE OFFICERS ARE' OTHER INCL EXCL DTH- E WORKERS COMPENSATION AND EMPLOVERS'LiABILITY .,>... ,.. EL DISEASE - POLICY LIMIT EL DISEASE- EA EMPLOVEE . "10 DAYS CANCELLATION NOTiCE FOR NON-PAYMENT OF PREMIUM" DESCRIPTION OF OPERATIONS/LOCATIONSIYEHICLES/SPECIAL ITEMS Re: Rubbish Hauiing Certificate Hoider is included as additional insured as per attached CG2010.pwxxx City of Santa Ana City Clerk Office 20 Civic Ctr. Plaza,Ross Annex Santa Ana, CA 92702 SHOULD ANV OF THE ABOVE OESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL _TO MAIL ~ DAVS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT ""..ORr TO "'AIL 00." NO...E o,,"L IMPOBE Na aD"D""BN OR "'"ILl>' ES. ~ " THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG20100397 ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement chan Endorsement effective 2/28/04 Named Insured olic unless another date is indicated below. 12:01 AM. standard time Ware Dis osal, Inc. SCHEDULE Name of Person or Organization: CITY OF SANTA ANA ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS & REPRESENTATIVES RE: RUBBISH HAULING AGREEMENT (If no entry appears above, information required to complete this endorsement will be showlt'inthe 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 ongoing operations performed for that insured. It is also understood and agreed that the said insurance shall be primary and non-contributory with respect to the additional insured organization. ~o¡/J3 CG 2010 0397 Copyright, InsuTance Services Office, Inc., 1996 WARE DISPOSAL, INC. NAMED INSURED(S) Ware Disposal, Inc. Newport Green, Inc. Madison Materials JBW Enterprises, LLC ~s13