HomeMy WebLinkAboutUSA Waste of California - A-2005-259
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ItiitfRANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
1-/-0lD
CLERK OF COUNCIL
DATE: iJ/3-DG
A-2005-259
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AGREEMENT FOR COLLECTION AND HANDLING OF
CONSTRUCTION AND DEMOLITION DEBRIS
GENERATED, PRODUCED AND/OR ACCUMULATED AT
TEMPORARY CONSTRUCTION SITES IN THE CITY OF
SANTA ANA
This AGREEMENT is made and entered into this <3 ",-01 day of
()fl~(' , by and between the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City") and USA Waste of California, Inc. (hereinafter
CONTRACTOR).
RECITALS
I. 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 ofthe City of Santa Ana desires the recycling and
reuse of construction and demolition debris and inert debris that
may otherwise be disposed in landfills.
3. 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.
4. The City Council of the City of Santa Ana declares its intention of
maintaining reasonable rates for collection, transportation and
recycling ofC and D debris.
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:
t- ,
1. NON-EXCLUSIVE GRANT OF CONTRACT
CITY hereby grants to CONTRACTOR, for the term hereafter specified, a non-
exclusive right to collect, recycle, divert, and transport to appropriate facilities as
set forth in this Agreement any Construction and Demolition Debris and other
Incidental Waste which is 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: CONTINUA nON RIGHTS
The term of this Agreement shall begin on the date of execution and shall extend
through June 30, 2008, and may be extended for an additional 7-year term upon
agreement of both parties.
CONTRACTOR acknowledges that, to the extent applicable, the terms and
conditions of this Agreement constitute the mailed notification required to be
given by the City under Public Resources Code Section 49520, et seq. prior to the
City's award of exclusive solid waste handling services.
3. DEFINITIONS
a. Construction and Demolition Debris (or C&D Debris) means
any solid waste resulting from temporary construction activities,
including without limitation, construction, remodeling, repair,
demolition, site preparation and grading occurring at a Temporary
Construction Site. C&D Debris does not include other waste
materials generated at a site or location that are not directly and
primarily related to the construction activities.
b. Construction and Demolition Debris Processinl! Facility means
a site that receives C & D Debris for the purpose of storage,
sorting, handling, transfer, and/or processing.
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c. Customer means a person or entity utilizing those services of
CONTRACTOR which are the subject of this Agreement.
d. End User means a facility that accepts, processes, uses, and/or
sells C&D Debris only if it is source separated by material type at
the point of generation and does not include a facility that accepts
mixed loads of C&D Debris.
e. Executive Director means the Executive Director of the Public
Works Agency of the City of Santa Ana.
f. 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 include all revenues
collected from such Customers as payment for recycling costs,
tipping fees, gates fees, or other similar costs associated with
depositing materials at facilities and End Users as required by this
Agreement.
g. Incidental Waste means solid waste generated at Temporary
Construction Sites which is incidental to construction activities
occurring thereon, such as solid waste generated at a construction
office/trailer, food packaging and other wastes generated by
construction workers.
h. Madison Materials means the Large Volume Transfer/Processing
Facility located at 1035 E. 4th Street, Santa Ana, California, which
for purposes of this Agreement is deemed to be a Construction and
Demolition Debris Processing Facility.
I. Materials Recoverv Facility or "MRF" means a facility
permitted as a Transfer/Processing Operation or Facility pursuant
to California Code of Regulations, Title 16, Section 17400, et. seq.
J. Non-Conforminl! Material means material which cannot be
accepted for delivery under any license, approval or permit issued
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to a Construction and Demolition Debris Processing Facility, or to
an End User.
k. Recvc1in l! means collecting, sorting, cleansing, treating,
processmg and reconstituting recyclable solid wastes for the
purpose of reuse.
I. Santa Ana Customers means one or more customers of the
Madison Materials Facility that meet all of the following criteria:
(I) the customer is an entity that holds a Non -Exclusive Hauling
Agreement with the City of Santa Ana; and (2) the customer is
depositing C&D Debris or Incidental Wastes generated at
Temporary Construction Sites in the City of Santa Ana at the
Madison Materials Facility for processing.
m. Temporary Construction Site means a location upon which
temporary construction activities are occurring, including without
limitation, construction, remodeling, repau, dernolition, site
preparation or grading occurring at or on streets, houses,
commercial buildings, and other structures or sites.
n. Willinl! and Able to Accept C&D Debris means that Madison
Materials will accept all C&D Debris and Incidental Waste
delivered by each Santa Ana Customer until daily capacity is met
or until 6 p.m. whichever occurs first. Madison Materials must
process all deliveries, determine the gross weight, receive, inspect,
provide for the unloading of C&D Debris and Incidental Waste,
and determine the tare weight of all delivered loads on a first-come
first-served basis. Fifteen minutes after arrival at the Madison
Materials Facility, all Santa Ana Customers will be given priority
over all of Madison Material's other customers, in the order of
their arrival.
4. AREA OF OPERATION
CONTRACTOR shall have the right to operate anywhere within the City limits.
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5. MAXIMUM RATES
a. Hauling Rate
CONTRACTOR shall charge rates for collection of C&D Debris
that are no higher than those rates set forth in Attachment A.
b. Processing Rate
CONTRACTOR shall pay Madison Materials for processing of
C&D Debris rates that are no higher than those set forth in
Attachment B.
c. Adjustments
The Hauling Rate and Processing Rate will be adjusted effective
July I each year in an amount equal to 90% of the April Consumer
Price Index for All Urban Consumers (base year 1982-1984 = 100)
for Los Angeles-Anaheim-Riverside area, published by the United
States Department of Labor, Bureau of Labor Statistics. In
calculating new rates, the program surcharge and host fees shall be
excluded from the rates before such adjustment (increase or
decrease) is made.
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. Should any City, State
or Federal law become effective after the date of execution of this agreement that
materially impacts the performance of this agreement ("Change in Law"), which
both parties agree require modifications to the terms hereof, the parties agree to
meet and confer in a good faith effort to arrive at any such modifications.
7. PROGRAM SURCHARGE
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a. Effective July 1,2005 CONTRACTOR shall pay to the CITY a
solid waste program surcharge equal to 12.8% of
CONTRACTOR'S gross receipts as defined in section 3.
b. Payments 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 as well an explanation and
supporting documentation of adjustments and/or credits made.
CONTRACTOR shall, whenever requested to do so, make
available such records to the Executive Director for review at any
reasonable time.
c. Failure of CONTRACTOR to make any of the payments or
provide explanations and documentation of adjustments provided
for in sections (a) and (b) above on or before the dates due will
result in a penalty of ten (10%) percent per month of
CONTRACTORS gross receipts for the month(s) delinquent.
8. RECYCLING REQUIREMENTS
a. General Requirement
All C & D Debris and Incidental Waste (excluding City operations
provided at no cost) collected in the City by CONTRACTOR shall
be either (I) taken to a Construction and Demolition Debris
Processing Facility for processing or (2) taken to an End User.
CONTRACTOR shall utilize the Madison Materials Facility as the
Construction and Demolition Debris Processing Facility if
Madison Materials is Willing and Able to Accept C&D Debris,
City and Madison Materials have a valid Host Fee Agreement in
place, and City has determined that Madison Materials is in
substantial compliance with the Host Fee Agreement.
CONTRACTOR shall not deliver Non-Conforming Material to a
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Construction and Demolition Debris Processing Facility or End
User and agrees to comply with all reasonable requirements of
such facilities relating to the use of said facility (such as those
relating to insurance, disposing of hazardous materials and security
for payment.)
b. Landfill Prohibition.
No C&D Debris collected pursuant to this Agreement may be
taken directly to a landfill for disposal. CONTRACTOR shall
ensure that any C&D Debris or Incidental Waste which is not
required to be taken to Madison Materials in accordance with
Section 8a shall be transported to a Construction and Demolition
Debris Processing Facility, MRF or End User, shall be processed
and that the portion thereof which is recyclable shall be recycled.
Notwithstanding the foregoing, CONTRACTOR is not in breach
of this requirement in the event that Madison Materials fails to
process or recycle C&D Debris and Incidental Waste delivered to
it by CONTRACTOR.
9. REPORTING REQUIREMENTS
CONTRACTOR shall maintain records for all C and D Debris and Incidental
Waste taken to Madison Materials, a MRF, a Construction and Demolition Debris
Processing Facility, or an End User for audit by the CITY. CONTRACTOR shall
prepare and submit to the CITY, on forms previously approved by the CITY, a
monthly report stating the amount of solid waste collected from Temporary
Construction Sites and delivered to a MRF, a Construction and Demolition Debris
Processing Facility, or an End User. 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 reporting
requirements under CIWMA.
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10. AUDIT REQUIREMENTS
CONTRACTOR shall maintain records of all transactions related to the terms and
conditions of this Agreement in accordance with normal industry accounting
procedures. CITY and/or their audit representatives shall have access for the sole
purpose of auditing CONTRACTOR's performance under this Agreement, to
records, including, but not limited to weight tickets, books, documents and papers
directly related to CONTRACTOR'S performance under this Agreement. CITY
shall schedule any desired audit at CONTRACTOR's place of business, and at a
date and time to be mutually agreed upon by CITY and CONTRACTOR, which
date shall be at least 14 days following City giving written notice to
CONTRACTOR of its desire to perform an audit, and the information that will be
required to be provided in connection therewith. Nothing herein shall be
construed to require access to any privileged or confidential information as set
forth in federal or state law. All records and information subject to the audit
provisions of this contract shall remain confidential. City agrees that its audit
representative shall be subject to the same requirements as City regarding any
portion of this agreement
11. CONFIDENTIALITY
Pursuant to the above Audit provision, if City receives information from its
auditing representatives or consultants which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, City
agrees that it shall not use or disclose such information except in the performance
of this Agreernent, and further agrees to exercise the same degree of care it uses to
protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic
information. The foregoing obligations of non-use and nondisclosure shall not
apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the City disclosed in a publicly available source; (c) is
in rightful possession of City's consultant without an obligation of confidentiality;
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(d) is required to be disclosed by operation of law; or ( e) is independently
developed by the City without reference to information disclosed by City's
consultant.
12. COMPLIANCE WITH LAW
CONTRACTOR hereby agrees and guarantees to the CITY that, CONTRACTOR
will do each, every and all things required to ensure that performance under this
Agreement will at all times be in full compliance with all of the provisions of the
California Integrated Waste Management Act, and amendments thereto adopted
hereafter.
13. INDEMNIFICATION
CONTRACTOR agrees to and shall indemnify and hold harmless the CITY, its
officers, agents, employees, consultants, special counsel, and representatives from
liability: (I) for personal injury, damages, just compensation, restitution, judicial
or equitable relief arising out of claims for personal injury, including health, and
claims for property damage, which may arise from the direct or indirect
operations of the CONTRACTOR or its subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in this
Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due arising from the award
of this Agreement. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason ofthe terms of, or effects, arising from this Agreement.
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 by
CONTRACTOR with such CITY and statutory requirements with respect to the
waste stream covered by the Agreement, provided, however, that
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CONTRACTOR shall not be responsible to the extent C and D Debris and
Incidental Waste is generated in the CITY and collected by other than
CONTRACTOR.
CONTRACTOR agrees to protect, defend, with counsel approved by the CITY,
and indernnify CITY against any and all fines and/or penalties imposed by the
California Integrated Waste Managernent Board in the event that the diversion
quantities contained in the CITY's SRRE are not met. CONTRACTOR shall not
be responsible to the extent that C and D Debris and Incidental Waste generated
in the CITY is collected by other than CONTRACTOR.
14. 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 commence to correct or
remedy the violation within such time as set forth in the notice and
shall diligently achieve such correction or remedy as soon
thereafter as possible, but shall in no case fail to cure any such
defect in less than ninety (90) days. Failure to cure within ninety
(90) days as stated will be considered a material violation of this
agreement, subject to termination as set forth in subsection (c)
below.
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c. The rights of termination of imposition as set forth in herein, are in
addition to any other rights of the City upon a failure of
CONTRACTOR to perform its obligations under this Agreement.
The City further reserves the right to immediately terminate this
agreement or impose damages in the event of the following:
(I) If the CONTRACTOR practices or attempts to practice
fraud upon the City;
(2) If the CONTRACTOR becomes insolvent, unable or
unwilling to pay debts, or upon listing of any order for
relief in favor of CONTRACTOR in a bankruptcy
proceeding;
(3) If the CONTRACTOR fails to provide or maintain any
insurance requirements in this agreement
(4) If the CONTRACTOR willfully violates any orders or
rulings of any regulatory body having jurisdiction over the
CONTRACTOR relative to this agreement, provided that
the CONTRACTOR may contest such orders or rulings by
appropriate proceedings conducted in good faith, in which
case, no breach of this agreement shall have occurred;
(5) If CONTRACTOR willfully fails to make any payments
required under this agreement and/or refuses to provide the
City with required information and/or reports in a timely
manner as provided in this agreement; or,
(6) Any other act or omission by the CONTRACTOR directly
related to its performance under this Agreement which
materially violates the terms, conditions, or requirements of
the Agreement, CIWMA, as it may be amended from time
to time, or any order, directive or rule, or regulation.
d. CONTRACTOR expressly agrees and acknowledges that it is the
intent of both parties that in the event that the City or any third
party fails to perform any obligation created by this Agreement or
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if CONTRACTOR elects to terminate this Agreement pursuant to
Section 14 (c), as applicable, CONTRACTOR'S sole remedy and
City's sole liability, shall be to terminate this Agreement by
delivering written notice of termination to City. In the event of
such termination and cancellation by CONTRACTOR, this
Agreement shall terminate and the parties hereto shall have no
further rights, obligations, or liabilities hereunder.
CONTRACTOR expressly agrees and acknowledges that no
extrinsic evidence may be offered in any proceeding regarding the
interpretation of this clause. CITY SHALL NOT BE LIABLE
UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
NATURE WHATSOEVER WHETHER SUCH DAMAGES BE
PREDICATED UPON AN ALLEGED BREACH OF THIS
AGREEMENT, NEGLIGENCE BY THE CITY, STRICT
LIABILITY IN TORT, OR UPON ANY OTHER BASIS
WHATSOEVER.
15. INSURANCE
Prior to undertaking performance of work under this Agreement, CONTRACTOR
shall maintain insurance as described below:
a. Commercial General Liability Insurance. CONTRACTOR shall
maintain commercial general liability insurance naming the City,
its officers, employees, agents, volunteers and representatives as
additional insured(s) and shall include, but not be limited to
protection against claims arising from bodily and personal injury,
including death resulting there from and damage to property,
resulting from any act or occurrence arising out of
CONTRACTOR's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles.
The amounts of insurance shall be not less than the following:
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single limit coverage applying to bodily and personal injury,
including death resulting there from, and property damage, in the
total amount of $5,000,000 per occurrence. CONTRACTOR shall
supply City with a fully executed additional insured endorsernent
in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the
City Attorney.
b. Business automobile liability insurance, or equivalent form, with a
combined single limit of not less than $5,000,000 per occurrence.
Such insurance shall include coverage for owned, hired and non-
owned automobiles.
c. Worker's Compensation Insurance. In accordance with the
provisions of Section 3300 of the Labor Code, CONTRACTOR, if
CONTRACTOR has any employees, is required to be insured
against liability for worker's compensation or to undertake self-
msurance. Prior to commencing the performance of the work
under this Agreement, CONTRACTOR agrees to obtain and
maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided
by CONTRACTOR pursuant to this section
(I) CONTRACTOR shall maintain all insurance required above
in full force and effect for the entire period covered by this
Agreement.
(2) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved in form by
the City Attorney.
(3) Certificates and policies shall state that the policies shall not
be canceled or reduced in coverage or changed in any other
material aspect without thirty (30) days prior written notice to
the City
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e. If CONTRACTOR fails or refuses to produce or maintain the
insurance required by this section or fails or refuses to furnish the
City with required proof that insurance has been procured and is in
force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination
shall not effect CONTRACTOR's right to be paid for its time and
materials expended prior to notification of termination.
CONTRACTOR waives the right to receive compensation and
agrees to indemnify the City for any work performed prior to
approval of insurance by the City.
16. USE AND MAINTENANCE OF BINS AND ROLL-OFF
CONTAINERS
a. All collection ofC&D Debris and Incidental Wastes at Temporary
Construction Sites pursuant to this Agreement shall occur in bins
or roll-off containers.
b. 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. Bins and
roll-off containers shall be fitted with a protective device, as
current technology provides, for the wheels in order to protect
streets and sidewalks from damage from bins or roll-off containers.
Bins and roll-off containers shall be a specific color provided in
writing to CITY to assist CITY with identification, and shall be
labeled with the name and phone number of CONTRACTOR's
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company such that said information is reasonably visible to
Customers in a manner reasonably acceptable to City.
c. 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, at the rates set forth herein, or remove
the bin or roll-off containing graffiti from active use within the
City within such time. 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 for each bin or roll-off containing graffiti.
17. NOTICES
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if
delivered in person or if mailed by first class or certified mail, postage prepaid, or
sent by telefacsimile or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director ofthe Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, Califomia 92702
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and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To CONTRACTOR:
Waste Management
1800 South Grand
Santa Ana, CA 92705
Attn: David Ross, Senior District Manager
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be
addressed and transmitted to the new address. If sent by mail, any notice, tender,
demand, delivery, or other communication shall be effective or deemed to have
been given three (3) days after it has been deposited in the United States mail,
duly registered or certified, with postage prepaid, and addressed as set forth
above. If sent by telefacsimile, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given twenty-four (24)
hours after the time set forth on the transmission report issued by the transmitting
facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
18. 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.
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19. ASSIGNABILITY
Inasmuch as this Agreement is intended to secure the specialized services of
CONTRACTOR, CONTRACTOR may not assign, transfer, delegate, or
subcontract any rights, obligations or interest herein without the prior written
consent of the City, except for an assignment to an affiliate, and aily such
assignment, transfer, delegation or subcontract without the City's prior written
consent shall be considered null and void.
20. DISCRIMINATION
CONTRACTOR shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as
defined and prohibited by applicable law, in the recruitment, selection, training,
utilization, promotion, termination or other employment related activities.
CONTRACTOR affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
21. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be government and construed in accordance
with the laws of the State of California. This Agreement has been executed and
delivered in the State of California and the validity, interpretation, performance,
and enforcement of any of the clauses of this Agreement shall be determined and
governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that
may be brought or arise out of, in connection with or by reason of this Agreement.
22. LICENSES AND PERMITS
CONTRACTOR shall, throughout the term of this Agreement, maintain all
necessary licenses, permits, approvals, waivers, and exemptions necessary for the
provision of the services hereunder and required by the laws and regulations of
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the United States, the State of California, the City of Santa Ana and all other
governmental agencies. CONTRACTOR shall notify the City immediately and in
writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature
hereinbelow has the power, authority and right to bind their
respective parties to each of the terms of this Agreement, and shall
indemnify each other party fully, including reasonable costs and
attorney's fees, for any injuries or damages caused in the event that
such authority or power is not, in fact, held by the signatory or is
withdrawn.
b. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
c. The scope of this Agreement is limited to its subject matter. It is
not intended to in any way regulate or impede the right of any solid
waste enterprise to engage in hauling activities associated with
recycling endeavors which are exempt from regulation by the City
by statute or case law.
(signatures on next page)
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first above written.
ATTEST:
CITY OF SANTA ANA
/l:JdZ
DAVID N. REAM
City Manager
-
_ ra"pl~:' ?:r
(:0PATRICIA E. HEALY
Clerk of the Council
APPRQVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Michael Vigliotta
Deputy City Attorney
u:~o~ !h
USA Waste~alifornia '----.,
&lJo.3 Db}':: L/
Employer ID #
19
Attachment A
CITY OF SANTA ANA
CONSTRUCTION AND DEMOLITION RATES
JULY 1, 2005
Service Maximum Hauling Host Fee Maximum Rates With
and Processing Rate 12.80/0 Surcharae
Roll-off containers $386.00 $21.00 $466.74
- mixed C and D
Up to 7 tons/4
days
Roll-off containers To be determined by Actual Rate Charged plus
- end user loads CONTRACTOR 12.8% of gross receipts
Per ton over 7 $38.20 per ton $3 per ton $47.25 per ton
Days 5-14 $5 $5.73
3 yard bin $92.24 $105.78
Up to .5 tons/14
days
Cancellation fee $50 $57.34
Trip/relocation fee $50 $57.34
Graffiti removal $25 $28.67
Hard to handle $10 $11.47
loads - per ton*
*May only be charged to Customers if actually charged to Contractor by Madison Materials.
Hard to handle loads include loads that contain 50% or more of the following:
. Items over 20 feet in length or 3 feet in diameter, including large chunks of
concrete, boulders, inert materials mixed with rebar, and tree stumps
. Appliances
· Fine dust, such as sawdust and marble powder
. Tires
. U niversa I or E-wastes
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Attachment B
CITY OF SANTA ANA
MADISON MATERIALS RATES FOR SANTA ANA CUSTOMERS
JULY 1, 2005
Item Description Maximum Processing Host Fee Maximum
Rate Rate With
12.8 0/0
Surcharge
Roll-off containers and $38.20 per ton $3.00 per ton $47.25 per ton
bins - mixed C&D
Hard to handle loads - $ 10 $11.47
added oer ton*
* Hard to handle loads include loads that contain 50% or more of the following:
· Items over 20 feet in length or 3 feet in diameter, including large chunks of
concrete, boulders, inert materials mixed with rebar, and tree stumps
. Appliances
. Fine dust, such as sawdust and marble powder
. Tires
. Universal or E-wastes
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".
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
SEPTEMBER 19, 2005
TITLE:
APPROVE[l
r As Recommended
o As Amended
D Ordinance on 1 ~ Reading
D Ordinance on 2"" Reading
D Implementing Resolution
D Set Public Hearing For
AGREEMENTS WITH WARE DISPOSAL,
WASTE MANAGEMENT AND MADISON
MATERIALS FOR CONSTRUCTION AND
DE M O~JTION "(2.' ...~
;, I ,), '2
.~ L.-flL ,/l.Jct~.-
/./ (. CIT MANAGER
CONTINUED TO
I()- :3 - 05"
FILE NUMBER
A-2005-259
!/
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute agreements with Ware Disposal and
Waste Management for the collection and recycling of construction and
demolition debris and an agreement with Madison Materials for processing
and recycling of the debris.
DISCUSSION
In 1996 the City awarded two non-exclusive agreements - one to Ware
Disposal and the other to Waste Management for the collection and
recycling of construction and demolition debris generated in the City.
These agreements are due to expire.
Staff is proposing approval of new collection agreements that allow Ware
Disposal and Waste Management to collect and recycle construction and
demolition (C and D) debris generated in the City. The agreements also
require that C and D materials collected by Ware Disposal and W"...t<:c
Management be taken to the Madison Materials facility for processing and
recycling. Pursuant to the terms of the agreements, customer rates will
be reduced by $48 per load to be more competitive with other cities in
the County.
In 2002, Madison Materials began operation of a new recycling facility
located at 1035 East Fourth Street. A new agreement with Madison
Materials is proposed that requires them to sort, process and recycle all
construction and demolition debris collected and deposited there by Ware
Disposal and Waste Management. Madison Materials will recycle a minimum
of 50% of the debris and will pay the City $3.00 per ton for each ton
deposited at the facility by Waste Management and Ware Disposal.
25H-1
.
.~
Agreements With Ware Disposal,
Waste Management And Madison Materials
September 19, 2005
Page 2
The term of all three agreements will be limited to three years, through
June 2008, so that the City can monitor the success of the program.
ENVIROMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City expects to receive approximately $24,000 per year. Revenues will
be deposited into the refuse collection fund (account no. 69-01-5591).
-)/l~ (O~
~ James G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~.}~t'.::> ~~..
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
?f
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.
Agen~
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MAY 5 2006 4'28PM
~
NO 588
P 2
~" - -\Oac.: (MMlOD/YY)
CERTIFICATE OF INSURANCE 61512006 .
PRODUCER !'HIS ceRTIFICATE IS ISSUED N3 A ""~ OF INFORMATION
Loddun c--. 0It-.. 0Nl. Y AND CONFERS NO RIGHTS UPON THE CERTlF1CA Te
~-$.......... _!ZO HOLDER. THIS CeRTIRCA.TE DOES NOT AMEND. ~TENO OR
,1)( 'T7OST ~~~~~~~~~~~~~
~(PIlonel
1G65(1'A><l INSURERS COVERAGE
\IIISUMED: _ ...III.....nt Ilolllnp,lnc:. & AI Insurer A:. \ACE AmelIcan l1'ISlmlnCe Campeny
R8Iated & .lbcillary ~..._d'_ inckdng; Insurer B: l\ndenlnitr 1........- COII'of*lY of North AmeOca~..,...
WIlIte~ olOrllnge ~
1110O SOUIIlGnmd A....... Insurer c: Fie -- Compony ofPillSDurgh. PA
SlInt8 -. CA 92706 ~WCllld AIlsur8/lCe Company, Ltd, -----.---
Insurer 0:
Ill8UTer E:
'I'IE POlJCES OF lNSURQICE l.J6TED BELCJ1'14 ""VIi. ... tISUED TO tHE INSURED NAMED ABOVE FOR ntI PQUCV PEFl.1OO INDICATED.
__ NN _, 1ERII OR COHIlITIOII OF NN COIlTRACT 011 _ IlOOUIEI/T WITH RESPECT TO W!1ICH TMI$
C2RT1P1CATa IllAY" JIIUIO OA MAV PeJn'''''' nfE IN5URAHCE AFFORDSJ BY l11E POLIC,es DnCRIIED tEfltOI IS SUBJECT TO All THE' TERMS,
EXCLUSI)NSAND CCIfIOITIJN8 OF 8UCtt POLICIM. aGGltlG'TI LNITS SHOWN IMY BE EXHAIJIn'EI) BY PM) ClANS..
.... 1YPE OF _IIWICE POUCY~ 1-...... ~T1ON \JMITS
L11\ DA11i
c.~ UABILJlY ElICH OCCURllEllCE $ 5,000,000
A x --.........,. II'N --- $ 6.000,000
HDO 021714318 11112006 1/112007 MIiIlIXP__ ..
X lJCClMMMC'
X """.......... PERSONAL &AfN tutJR,Y $ 5.00<\000
$ --
erH'LAGGftIG\1E LIMIT APPI.&I PIiR; OENEMLA<l_Ta 6,000.000
X Ie -, ~CT8/COIoIP', GP. AOO $ 6,000,000
X lLllCA110N _..;_H_
AU'IOIIOIIILIi UAIIILI1Y 11112006 1/1/2007 OOUBItED SINGLE LNT $ 10.ooo,QOO
A X _AUtO 'SA H0821~ l"'CK """""""
X _AllTOO
X _AIITOO ~j
X ...... J
I!ACtt OCCUNlENCli $ 100,000,000 i
A x """,,_co X00G23572l103 11112006 1/1/2007 AGGREGATE $ 1OO.~0~~1
c ClMII ..... 8764638 111aoos 11112007
0 c00138l11OO4 11112006 111120fT1 I
COMFBISATION ~"'TION ~,ru'~'1
B ..... LfABI..lTY WLR 044338110 lAOS) 11112006 11112007 I!L IACtlACCIDeIT $ 1.000.000
A I WLR CU3390427 (CA) 1/1flOO6 111121107 El DlSEA$E.EA 'EMPlOYEE $ 1,000.000
A I SCF C44338403 (WQ 11112006 111/2Ot11 a DISEASE-POLICY LIMIT $ '1
1.000,000,
. ~0I10P1AA11QNIA.OCATlCNl.J1!!I-'-"-"I""""'ADCEDIY!NDQAtl!ll.lTPRCMSIONI; ~
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~_I"'~:'~.~~-___-_l'he_~,~poIcyprovl~=~ountv.
lDtho__ the of___'" _..._ _ 01 c .
CERTIFICATE HOLDER: CANCEU.AnON:
~MY IE IeFQRETHE
>noN 1Ml1: lltEfQ;OF, 111& 16$U.... ~W&.L.1MlL IOOAYS WRmvl Ni)TICE !
TO TMiCIfmIICA'tE HOLDER JilHeDTOTtE LEPT.
pi .n"K ;
Cityof__ /\T-:'~t:,) 'j i~D h.S TO ~-.,...~...<.-I
20 Civic CMIer I'Ie%a ~'-I!/;L AUTHORIZED REPRESENTATIVE;
P.O. BOle 1988
santa Ana, CA92701 >-,
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MAY. 5. 2006 4: 28PM
ADDIT10NAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL UABIUTY POUCY
lDsumIce COJDPIlIY ACE AM1!RICAN IN!UJRANCE COMPANY
This endol'sement modifies sm:h iDsuraDCe as is aftlxded by the provisions of Policy # ~ G2171Cl& relating to the following:
*1. The City of Santa Ana, 20 Civic eeom: plaza, S&IIt& Ana, Califomla 92701; its officers, employees, agen1S, volunteers
8Dd representatJves are maned as oddiliaa&I iDsuteds ("addittoD8l iusared&") wtlb nogmI to liabI~ 8Dd defense of suits arh.I1g
from the "l""'..noos and uses pcdJnnod by or on bobaIf of the _eel insuted.
'2. W!Ib. respect to cIoims ItisD>g out of the operations IUd uses p<>&f.....ned by or on beha1f of the named insured, such
inswanoe as is affunIecI by 1hls policy is primarY 8Dd is not .","ti~.ll1O or C(lIIf:ributiDg wIIh lIIIY other insUl'8llce carried by or
fur Ihe benefit of the 8ddiIional iDSllII'eds.
3. This iosurIDcc applies separam!yto each insured against wholn claim is D1lIde or !IIJil: is braugbt """"'!'l with respent to
the comp&Il;y'S \Imits of liability. The inc:lmion of any person or ~lzation IS an iIlsured sha11 not affect any right whkh such
person or organ\zatioI1 would bave as . claimant if not so included.
4. WIth respect to the additioDal iDIuIeds, this inB1lIanCe 5ball not be canceIlecl, or pmtcriaIIy redoced in coverage or Umits
except aft<< thirty (30) da,ys written DOti<:e blls been given to the CiIy of Santa Ana, :'-0 Civic Center Plaza, Santa Ana, California
92701.
(ComplellOll of the followiDg, iIH:luding countenignatuIe is required to make this endorsement effec'live.)
Effective 01/01101; . this eDdorsemeut furm as a part of Policy # RDO G21714318
IS9l1Cd to W ASTB UAN AmlMl<NT OF ORANGB coUNTY
Named IDsured
Couotcrsigned by
~_--~I~
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Authorized Representllive
. _*I01be_IOCjuiredby__
EUibit B
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Jun
12 06 09:18a
05/08/2005 19:17
. Marsh, Inc.
Cit~ of Santa Ana
17145585520
6/6/2006 11:17 AM
PWA
WMOC
PAGE
714-647-5069
21002
Eastern Time
PAGE
Zone
c:sr""e.T..-Mif.~~" -1
nu ct\t1YKlAw: Illuutu a. AlUrniR a: 11lIfO'U.AlIC* CNLY ~=1t~~.1
IfGIItlIN'.UItOIlI1IU cnltFlCUEi MCl.O~ Ol1'lEltndM 'TMCIJEPROVID~ "THE
JOOUCY. 'PUI calt"'-IIIlAW Don NDT """D, EXlEillll 01 JiLlti.R mE COVERAGE
"'IFClttOEV... M 'OUClEI DE__D Ml'arw.
COMP'ANIEI A"OIIlDlNO COVIiMOl! ---i
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MHI,,"D ('b//JfNr
WAllTEMANAG'M~T INC. ~ -;).0010- D7/ . I
ONO ,^"STE MANOGEMENT OF 11
ORANGS COUNTY co.tf>~y
18008 GRANDAVENUE c: I
SANTA ANA, CA 92705 I
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TWI~ IS TO (HT/fY THAl' PQ.IClES OF fNUNICE De8CRBBJ HERBN HA.~ 8m4 1Sl!lJB) TO lMl!! iN!lJREO N..weD I'iSElH FM T1-'€ !)~_Ie,. I'l"il'OO;~i:II~^Te,,~r1
NOTW'n-lM'A/IIQlNG.I\Il{Y'IEQJIRel/leNt, 'n;1tM~ OOIIIDlll<W CF AWoomlIl\CT ~ OTHER OOOJM:NTW~ ~TOWo!I(;H THE CfRl\FlCAl"E MAY il!~ISSJel) CR ","hV j
~RTAlN. 'floIlE 1"l&,JliMlCE ~ B'r' THE POiJa~ 0E.!DI115m HEREiN lSSUUCT TO Ii.L lHe l!RWS; OOr,!JITl0N.8 0\'110 EXa.L..:S<>>lS (F &J()i POlIC!;S A~^'t!: I
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PLS '88D328
01101108
QIJQ1/0e
City 013..,. Ana
20 CNro Cenler PIaol:a
PO Bmr 1988
SEll'Ita Ane, r-.A 82701
i
5.000 OC!9.!
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nII!~" .u.-....a_"",. .....Il ~~ 10 M'Ill -a nA'l'SWlr'ITIHfN)f)C( T(' 71<." l
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Df:9CR.TION Of gp IUIlQCA"OIMMUtlClE.ICPICllLI",
Thoe City, Ita aftloer.. egenlR. and -.n IPIoyIlK are InGlluled a. addlonaJ inllIJed whfre relJ.Ilr8d by wtiaen oanlr8d' but 6nly for Il~Uy ariling out 01 thv
oper8tlort. otltle NMled Irl&lrad.
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r.
- CERTIFICATE OF INSURANCE Date: (MMIDDIYY)
5/5/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Locktan Companies of Houston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5847 San Felipe, Suite 320 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Houston, TX 77057 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
866-260-3538 (Phone)
866-492-1055 (Fax) INSURERS AFFORDING COVERAGE
INSURED: Waste Management Holdings, Inc. & All Insurer A: ACE American Insurance Company
Affiliated, Related & Subsidiary Companies including: Insurer B: Indemnity Insurance Company of North America
Waste Management of Orange County
1800 South Grand Avenue Insurer C: National Union Fire Insurance Company of Pittsburgh, PA
Santa Ana, CA 92705 Insurer 0: Allied World Assurance Company, ltd.
Insurer E:
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.
INSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION LIMITS
LTR DATE
GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000
A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (ANY ONE FIRE) $ 5,000,000
c-c. HDO G21714318 1/1/2006 1/1/2007 MED EXP (PER PERSON)
X OCCURRENCE
X XCU INCLUDED PERSONAL & ADV INJURY $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000
X PROJECT PRODUCTS/COMPo OP. AGG $ 6,000,000
X LOCATION
AUTOMOBILE LIABILITY 1/1/2006 1/1/2007 COMBINED SINGLE LIMIT $ 10,000,000
A X ANY AUTO I SA H08218997 (EACH ACCIDENT)
X HIRED AUTOS
- - r--
X NON-OWNED AUTOS
X MCS90
EXCESS LIABILITY/UMBRELLA EACH OCCURRENCE $ 100,000,000
A X OCCURRENCE XOOG23572503 1/1/2006 1/1/2007 AGGREGATE $ 100,000,000
t---. 8764638 1/1/2006 1/1/2007
C CLAIMS MADE
0 C001389/004 1/1/2006 1/1/2007
WORKERS' COMPENSATION WORKERS' COMPENSATION STATUTORY
B and EMPLOYERS LIABILITY WLR C44338440 (AOS) 1/1/2006 1/1/2007 El EACH ACCIDENT $ 1,000,000
--- -r---- .- WLR C44338427 (CA) 1/1/2006 1/1/2007 $ 1,000,000
A El DISEASE-EA EMPLOYEE
A T --- SCF C44338403 (WI) 1/1/2006 1/1/2007 EL DISEASE-POLICY LIMIT $ 1,000,000
REMARKS. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS
CHECK [g] .
BOX BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE
PERMISSIBLE BY LAW.
~ CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPfEL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
Re: Self insured for auto physical damage,
Additional Insured in favor of City of Santa Ana, its officers agents and employees (on all policies except Workers'
Compensation/Ell where and to the extent as required by written contract. The Above Auto Liability policy provides liability
coveraae to the trucks owned bv the City of Santa Ana that are operated and maintained by Waste Management of Orange County,
CERTIFICATE HOLDER: CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
City of Santa Ana ~-t{7'//Z
20 Civic Center Plaza AUTHORIZED REPRESENTATIVE: <::5--.- --".-;. <.....
P.O. Box 1988 .r-
Santa Ana, CA 92701
ct.lL ,
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ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company ACE AMERICAN INSURANCE COMPANY
This endorsement modifies such insurance as is afforded by the provisions of Policy # HDO G21714318 relating to the following:
*1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers
and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising
from the operations and uses performed by or on behalf of the named insured.
*2. With respect to claims arising out of the operations and uses performed by or on behalf ofthe named insured, such
insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or
for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to
the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits
except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective 01/01/06 , this endorsement form as a part of Policy # HDO G21714318
Issued to WASTE MANAGEMENT OF ORANGE COUNTY
Named Insured
Countersigned by
c:5-.- ~r;. -< -' :>-
Authorized Representative
* where and to the extent required by written contract.
Exhibit B
~/?t~dy#2-
:~j~-1i"!"
Oil
,~:~ /;11
PRODUCER
Marsh USA Inc.
1000 Main Street, Suite 3000
Houston, TX. 77002
CERTIFICATE NUMBER
HOU-000691 075-02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
I -1012Q-PLL-06-08
COMPANY
A AMERICAN INTERNATIONAL SPECIALTY LINES INS CO
INSURED
WASTE MANAGEMENT INC.
AND WASTE MANAGEMENT OF
ORANGE COUNTY
1800 S. GRAND AVENUE
SANTA ANA, CA 92705
COMPANY
B
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDJCATED_
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDD1YYJ DATE (MMlDDIYY)
LIMITS
GENERAL UABlLlTY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
OWNER'S & CONTRACTOR'S PROT
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GENERAL AGGREGATE $
PRODUCTS - COMPfOP AGG $
PERSONAL & AnV INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
MED EXP An one erson $
COMBINED SINGLE LIMIT $
AUTOMOBILE LlABIUTY
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EAACCIDENT
OTHER THAN AUTO ONLY:
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPEN TION AND
EMPLOYERS' LIABILITY
,SlAflLy.
AGGREGATE
EACH OCCURRENCE
EACH ACCIDENT $
$
$
$
$
EXCESS L1AB1UTY
AGGREGATE
THE PROPRIETOR!
PARTNER~XECUTIVE
OFFICERS ARE'
A Pollution
Legal liability
INCL
EXeL
PLS 1669328
ER
01/01/06
01/01/08
$
EL DISEASE-POLICY LIMIT $
EL DISEASE_EACH EMPLOYEE $
Each Incident
A99regate
is Excess the SIR
Self Insured Retention Limit
10,000,000
DESCRIPTION OF OPERATlONSflOCATlONSNEHICLESfSPECIALITEMS
5 000 000
:~I, "'i';
City of Santa Ana
20 Civic Center Plaza
PO Box 1988
Santa Ana, CA 92701
SHOULD ANY OF THE POLICIES DESCRIBED HEREN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE NSURER AFFORDING COVERAGE \"JILL ENDEAVOR TO MAIL ---30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAIWRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR
L1AB1LrrY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Stephanie S. Story
~
MARSH
CERTIFICATE OF INSURANCE
CERTIFICATE NUMBER
HOU-000691 075-04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONfERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POUCIES DESCRIBED HEREIN.
PRODUCER
Marsh USA Inc.
1000 Main Street, Suite 3000
Houston, TX 77002
1
!- ---
COMPANIES AFFORDING COVERAGE
WASTE MANAGEMENT INC.
AND WASTE MANAGEMENT OF
ORANGE COUNTY
1800 S. GRAND AVENUE
SANTA ANA, CA 92705
---_-1
I
COMPANY
A AMERICAN INTERNATIONAL SPECIALTY LINES INS CO
I -10/20-PLL-06-08
INSURED
COMPANY
B
I~OMPA~~ ---0__-
C
I-~OMPAN;----
D
-,-----T-
Cr~ I TYPE OF INSURANCE
~NERAL UABlllTY
'_ :_-CMMERCIAL GENERAL LIABILITY I
t-I__I CLAIMS MADE r--I OCCUR I
~! OWNER'S & CONTRACTOR'SPROT I
11---- -
COVERAGES This certifICate supersedes and replaces any previously issued certificate for the policy periodf1otedbeIOw~
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTINITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POllCIES_ AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
--- -~-----'--~--T----.-'---~-- --------~---
POLICY NUMBER - POLICY EFFECTIVE I POLICY EXPIRATION 1 LIMITS
DATE (MMIDD/YVJ i DATE (MM/DD/YV)
I, GEN~RAL AGGREGAT~ !~____
~ PRODUC~CC?MPI()P AGG+~____
I PERSONAL.!ADVINJU~__,_L __
I_EACH OCCURRENCE_ ____lL_ _ ,,_
I, EIRED~_AGE(Anyonefire) I~ -._
MEDEXP{An oneperso~ $
1 COMBINED SINGLE LIMIT $
I BODILY INJU~Y---- j---;-
1_(perpe~~~_____J_ ___,
, ~p~?~Lc~_~~~~RY_ I $ __,__ _
I PROPERTY DAMAGE -- r;--
AUTOMOBILE L1ABIUTY
~ ANY AUTO
~II ALL OWNED AUTOS
I =J SCHEDULED AUTOS
HIRED AUTOS
II NON-OWNED AUTOS
1_.. .
-I ----
~ARAGE LIABILITY
,~ I ANY AUTO
~I-----
EXCESS LIABILITY
C UMBRELLA FORM
II laTHER THAN UMBRELLA FORM
1 WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I L-- I
THE PROPRIETOR! I
" PARTNERS/EXECUTIVE INCL 1
OFFICERS ARE' EXCL
A THE Pollution I' PLS 1669328
I Legal Liability
I !
DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLESlSPECIAL ITEMS
Certificate Holder is included as additional insured where required by written contract but only for liability arising out of the operations of the Named Insured.
01101/06
01101/08
AUTO ONLY - EAACCIDENT $
I..QT~ERT~AN AU,.OO~~~==r_=-:.', -, ,,-:
_ EACH_ACCIQ_~____
AGGREGATE I $
CH OCCU_RREN~__--f!____.
~~GREG~T~___ ,-----t~ ----
$
STA U. I IOJH-
I' ----.lq~Y L1MI~,~~ ~__~
EL EACH ACCIDENT $
r;:;-; - ---+ ----
1~ISEASE-POllCY LIMIT I $
'EL DISEA~E-EA~H ~MPLOYE'J$-'- ----- ----
Each Incident
I Aggregate
is Excess the SIR
I Self Insured Retention Limit
10,000,000
5 000 000
CERTIFICATEIiOLOER
CANCEUATION
City of Santa Ana
20 Civic Center Plaza
PO Box 1988
Santa Ana, CA 92701
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ----3.0. DAYS VllRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Stephanie S. Story
~
VAUD AS OF: 06/07/06
CERTIFICATE OF INSURANCE Date4/6/2007)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lockton Companies of Houston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5847 San Felipe, Suite 320 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Houston, TX 77057 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
866-260-3536 (Phone)
666-492-1055 (Fax) INSURERS AFFORDING COVERAGE
INSURED: Waste Management Holdings, Inc. & All 111SUrer Q: '.; ACE American Insurance Company
Affiliated, Related & Subsidiary Companies including:
Insurer B: Indemnit Insurance Company of North America
Y
Waste Management of Orange County
1800 South Grand Avenue Ir1SUrer C: National Union Fire Insurance Company of Pittsburgh, PA
Santa Ana, CA 92705
If1SUrer lJ:
Allied World Assurance Company, Ltd.
Insurer E:
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 MAV 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. P.GGREGATE LIMITS SHOWN N1AY BE EXHAUSTED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION
OATS LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000
A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (ANYONE rIREI $ S,000,ODO
X OCCURRENCE HDO 623718200 1!112007 1/1/2008 MED EXP (PER PERSON)
X xcu wcwDEp PERSONAL & ADV INJURY $ 5,000,000
GEN~L AGGREGATE OMIT APPLIES PER-. GENERAL AGGREGATE $ 6,000,000
X PROJECT Or LOCATION PRODUCTS/COMP. OP. AGG $ 6,000,000
AUTOMOBILE LIABILITY 1/1/2007 1/1/2008 COMBINED SINGLE LIMIT $ 1,000,000
A X ANV AUTO ISA H08226994 (EACH ACCIDENT)
X HIRED AUTOS
X NDN-OWN[D AUTOS
X MCS-90
A EXCESS AUTO LIABILITY XSAH0822707A 1/1/2007 1/1/2006 coMBINEDSINGLELIMIr $ 9,000,000
EACH ACCIDEN
EXCESS LIABILITYIUMBRELLA EACH OCCURRENCE $ 100,000,000
A X OCCURRENCE X00623792886 1/1/2007 1/1/2008 AGGREGATE $ 100,000,000
G` CLAIMS MADE 8766369 1!112007 1!112008
p 0001389/004 1!1 /2007 1/1120D8
WO RKERS' COMPENSATION WORKERS' COMPENSATION STATUTORY
B and EMPLOYERS LIABILITY WLR 044458226 (ADS) 1!112007 1!1/2008 EL EACH ACCIDENT $ 1,000,000
A WLR 044458196 (CA) 1/1/2007 1/1/2008 EL DISEASE-EA EMPLOYEE $ 1,000,000
A SCFC44458214(WI) 1!112007 1!1/2008 EL DISEASE-POLICY LIMIT $ 1,000,000
REMARKS DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIE%CLUSIONS ADDED BV ENDORSEMENT PROVISIONS.
CHECK ®gLANKET WAIVER OF SUBROGATION IS GRANTED {N FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE ANO TO THE EXTENT REQUIRED BY WRITTEN
BOx
CONTRACT WHERE PERMISSIBLE BV LAW.
® CERTIFICATE HOLDER IB NAMED AB AN ADDITIONAL INSURED (E%CEPT FOR WORNERS' COMPIEL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
Re: Self insured for auto physical damage.
Additional Insured in favor of City of Santa Ana, its officers agents and employees (on all policies except Workers'
Compensation/EL) where and to the extent as required by written contract. The Above Auto Liability policy provides liability
covers a to the trucks awned b the Cit of Santa Ana that are operated and maintained b Waste Mana ement of Oran a Count .
CERTIFICATE HOLDER: CANCELLATION:
SHOULD ANY OF THE ABOVE OESCRIBEO POLICIES BE CANCELLED BEFORE THE
p >[I EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 300AVS WRITTEN NOTICE
t, ~' O EZNI TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
T?T~
Al 1 A~J Y ~ ~) t,D 1
1
A
/
f S
t
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na
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an
a
ity o
ED REPRESENTATIVE
~
_ AUTHORIZ
20 Civic Center Pla
~~-~
P.O. Box 1988 Lacta Stl Si.oe~y
`
te ^nnr'1°v
Santa Ana, CA 92701 P,esistitnl
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company ACE AMERICAN INSURANCE COMPANY
This endorsement modifies such insurance as is afforded by the provisions of Policy # HDO G237t82oo relating to the following
*1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers
and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising
from the operations and uses performed by or on behalf of the named insured.
*2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such
insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or
for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to
the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits
except afrer thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective 0 i i0 i /0 7 ,this endorsement form as a part of Policy # Al)o 623718200
Issued to WASTE MANAGEMENT OF ORANGE COUNTY
Named lnsured
Countersigned by ~,-~~
Authorized Representative
' where and to the extent required by written contract.
Exhibit B
APPROY,/{/J AS '1t:7 I i}ai,'vi
> L _w~
aura St` .i:~~cJy
A h;Ct?'lt t~ltV Ait ni'l')\'