HomeMy WebLinkAboutWARE DISPOSAL 1c- A-2004-010B
\ . -'.
",ouRAf\I(;E ON FILE
\"'~\K MAY PROCEED
UNlIL INSURANCE EXPIRES
;,{ - a..8~D4
CLERK OF COUNCIL
DATE: -;"-/).-01
c: I1ø ,4
().Ot/ifV)
.
.
A -;;;'OD f-% /3
AMENDMENT TO AGREEMENT
THIS AMENDMENT, made and entered into this 7.- v day of January 2004, 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".
A.
B.
c.
D.
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 provide continuous uninterrupted service under the Agreement;
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;
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 ITom 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 (I)
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 ITom 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.
. ( . '.
.
~.. J.~
~~-I
PATRICIA E. HEALY
Clerk ofthe Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHE.\Z
City Attorn§y~ / .c,1
RECOMMENDF«PROV AL.
~eSG.Ross
( xecutive Director of the
Public Works Agency
.
CITY 9F S;\NTA",ftNA
¿~/ / ;;a.
-¡:tLe4' ¿¿-.-
DAVIDN. REAM
City Manager
~. NTRACTOR
. . Wl.U /43.~1f
Jth Ware I ~ Iv
esident
Ware Disposal Inc.
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
"A"""'OOVV'
2 77 {J.'
PR..OUCER
626/795.9000
.. .... -
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.
COMPANIES AFFORDING COVERAGE
Solid Waste Insurance
Managers, Inc.
115N.EIMolinoAve.
Pasadena,CA 91101
COMPANY
A
Discover Prop.& Cas.lns,Co.
INSURED
WARE DISPOSAL, INC. A-I'1t¡{rtJOfp
(Per Named Insd List Attached) Ä-),t\?-^ -/1;.
Post Office Box 8206 A- ~f)O3-00,)..
Newport Beach CA 92658 A- ;1,004-0108
COMPANY
B
U,S. Fidelity & Guaranty Co.
COMPANY
C
COMPANY
D
TO CERTIFY THAT THE OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE THE POLICY PERIOD
NOTWITHSTANDING ANY TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
MAY BE ISSUED OR MAY PERTAIN. 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.
Co
LTR
TVPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATEIMMIOO/VVI OATEIMMIOD/VVI
LIMITS
PERSONAL' AOV INJURV
EACH OCCURRENCE
2000000
1000000
1000000
1000000
1000000
10000
A GENERAL LlABILlTV
X COMMERCIAL GENERAL LlABILlTV
CLAIMS MADE 0 OCCUR
X OWNER'S' CONTRACTOR'S PROT
D150PO0190
2/28/04
2/28/05
GENERALAGGREGATE
PRODUCTS - COMP/OP AGG .
FIRE OAMAGE IAoy '""""
MEOEXPIAoy,",."""'
8 AUTOMOBILE LlABILITV
X ANY AUTO
D150AOO095
2/28/04
2/28/05
COMBINEO SINGLE LIMIT
1000000
ALL OWNED AUTOS
SCHEDULED AUTOS
BOOILV INJURY
"".""",
HIREO AUTOS
NON-OWNED AUTOS
BOOILV INJURV
,,""""""
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT'
OTHER THAN AUTO ONLY,
EACH ACCIDENT'
AGGREGATE'
EACH OCCURRENCE
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE,
OTHER
INCL
EXCL
OTH-
R
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOVERS'LIABILITY
,'""""
EL DISEASE - POLICY LIMIT
EL OISEASE - EA EMPLOYEE
"10 DAYS CANCELLATION NOTICE
FOR NON.PAYMENT OF PREMIUM"
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS
Re: Rubbish Hauling
Certificate Holder is included as additional insLired 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 DESCRIBED 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 """"[ TO M~IL ..." NB...E B"A>L ""BBE NB BB"B "GN OR "..,""
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 pmvided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Ware Dis osal, Inc.
olic unless another date is indicated below,
This endorsement chan
Endorsement effective
2/28/04
Named Insured
12:01 A.M. standard time
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 showrHnthe 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,
~Y!~) 3
CG20 100397
Copyright, Insurance Services Office, Inc" 1996
WARE DISPOSAL, INC.
NAMED INSURED(S)
Ware Disposal, Inc.
Newport Green, Inc.
Madison Materials
JBW Enterprises, LLC
~s13