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HomeMy WebLinkAboutGREAT WESTERN RECLAMATION, INC.- A-2004-010A A -aoo4 oto 4 liAtiik NCE NOT ON FILE 'WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: 2 -//-04 AMENDMENT TO AGREEMENT C' THIS AMENDMENT, made and entered into this day of January 2004, by and between USA I(�.e) Waste of California Inc., formally Great Western Reclamation, a division of Waste Management Collection l! 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". RECITALS 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; B. 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. WI-IEREFORE, 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: CITY r . ANTQ'ANA PATRICIAistei , cy ...„.0,_.) E. HEALY 6 DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLET HER City At orney Michael Vigliotta Deputy City Attorney RECOMMENDED FOR APP ' 0 VAL: Jame. G. Ross Ex=cutive Director of the Public Works Agency •NTRACTO ' David 'oss General Manager MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA JANUARY 20, 2004 CALL TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:28 P.M. COUNCILMEMBERS pr ent: MIGUEL PULIDO, Mayor BRETT E. FRANKLIN, Mayor Pro Tern CLAUDIA ALVAREZ LISA BIST ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Roger Aragon, Police Chaplain PRESENTATIONS Special Presentation — By Dick Merritt, Department for Child Abuse Services Team (CAST) to Police Chief Paul Walters and the Santa Ana Police Department Child Abuse Team CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Councilmember Solorio requested that item 25.B. be pulled for separate discussion • Councilmember Bist asked to be recorded as a "no" vote on item 25.B. • Councilmember Bist requested that item 31 .A. be pulled for separate discussion • Councilmember Christy abstained on items 10.A. and 10.B. • Addition of Closed Session Report item 19.A. Motion: Approve staff recommendations on the following Consent Calendar items. CITY COUNCIL MINUTES 20 JANUARY 20, 2004 CONSENT CALENDAR MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) � - r 13- `1� -� .3'-v r�� s.,ae ^m„p e � {� k� .h' h'- e Itelrts removed for�separare�actro or o lffed haree, hlghllgliiate pratP,a tons show thel^actual voe,, lteris withoittyofesxar e adopteds prtr _f.,t, e,c nsenfio, igrl ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. and 10.B.) 10.A. ADJOURNED REGULAR MEETING OF JANUARY 5, 2004 (Councilmember Christy abstained on this item) 10.B. REGULAR MEETING OF JANUARY 5, 2004 (Councilmember Christy abstained on this item) ORDINANCE SECOND READING 11.A ORDINANCE EXTENDING DEADLINES FOR DEBT INCURRED IN THREE REDEVELOPMENT PROJECT AREAS Placed on first reading at the January 5, 2004 Council Meeting and approved by a 6-0 vote (Christy-absent) Published in the Orange County Reporter on January 9, 2004 Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2641 - An ordinance of the City Council of the City of Santa Ana amending the North Harbor, South Harbor, and South Main redevelopment plans of the City of Santa Ana to extend the time limit in each plan for the incurrence of debt to coincide with the effectiveness of said plans - Community Development Agency CITY COUNCIL MINUTES 21 JANUARY 20, 2004 CONSENT CALENDAR Motion: 1. Award a contract to Orion Contracting, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of$398,630.50 2. Approve a Funding Analysis with a total estimated construction cost of$498,300 — Public Works Agency MOTION: Solorio SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.E..) 25.A. AGMT 2004-009 - AMENDMENT TO EMPOWERMENT ZONE GRANT AGREEMENT — Amend the Memorandum of Agreement with the United States Department of Housing and Urban Development, the State of California and the City of Santa Ana regarding the designation of the City of Santa Ana as a Round II Federal Empowerment Zone — Community Development Agency (Continued from the January 5, 2004 City Council Meeting) 25.B. AGMT 2004-010 HAULING AND PROCESSING OF CONSTRUCTION AND DEMOLITION DEBRIS — With Waste Management and Ware Disposal, extending the term of the agreements for one year with an additional one year renewal option to be authorized by the Executive Director of Public Works, and increasing the program surcharge — Public Works Agency (Continued from the January 5, 2004 City Council Meeting) (Councilmember Bist voted no on item 25B) 25.C. AGMT 2004-011 - PAYROLL CONSULTING SERVICES — With Dawna Whaley in a total contract amount not to exceed $90,000 - Finance & Mgmt. Services Agency CITY COUNCIL MINUTES 26 JANUARY 20, 2004 REQUEST FOR COUNCIL ACTION ,ia'"°"°°"e' CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: . JANUARY 5, 2004 TITLE: APPROVED (j As Recommended JAN 2 0 2004 AMENDMENTS TO AGREEMENTS WITH 0 As Amended WASTE MANAGEMENT AND WARE ❑ Ordinance on 1st2nd Reading DISPOSAL ❑ ImpOrdlementance ing Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO ile::10��© FILE NUMBER A_ /Or/ �C4. 2004-010 'A CITY MAA R RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute amendments to the agreements with Waste Management and Ware Disposal for the hauling and processing of construction and demolition debris, extending the term of the agreements for one year, with an additional one year renewal option, to be authorized by the Executive Director of Public Works, and increasing the program surcharge . DISCUSSION . The agreements with Waste Management and Ware Disposal for the hauling and processing of construction and demolition (C and D) debris expired on June 30, 2002 . In July 2002 the Council authorized a six-month extension and in January 2003 the Council authorized a twelve-month extension to each agreement. The City' s Municipal Code allows the collection, transportation and disposal of C and D solid waste as long as the company has an agreement with the City. The current agreements allow both companies to operate anywhere in the City and to collect and process C and D debris . It is recommended that the City Council authorize a one year extension to each agreement, with an additional one year renewal option, subject to the approval of the Executive Director of Public Works . Staff is also recommending an increase to the program surcharge from 10 . 6 percent to 12 . 8 percent to reflect the City' s current program surcharge on commercial and industrial materials . Page 41 25 . B . Amendments to Agreements with Waste Management and Ware Disposal January 5, 2004 Page 2 ENVIRONMENTAL IMPACT • There is no environmental impact associated with this action. FISCAL IMPACT The previous C & D agreements provide for a program surcharge of 10 . 6 • percent . The City' s program surcharge on commercial and industrial waste hauling is currently 12 . 8 percent . The recommended increase will increase the surcharge by 2 . 2 percent and will result in additional annual revenue of approximately $37 , 830 . One percent of the increased revenue will be deposited into the Refuse Collection Fund (account no. 69-01-5112) and 1 . 2 percent will be deposited into the Clean Water Protection Enterprise (account no. 57-01-5499-70) . APPROVED AS TO FUNDS AND ACCOUNTS : (73-4/(i --2 '"';xs\X%',ati-a , ,, S., bJames G. Ross ,Rod R. Coloma r)Executive Director \\)Executive Director Public Works Agency Finance and Mgmt . Services Agency • 25 . B . Page 42 CERTIFICATE OF INSURANCE Date(MM/DD/YY) (MoD/) 03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lockton Companies of Houston, Inc. 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 and Insurer A: ACE American Insurance Company Waste Management of Orange County Insurer B: Indemnity Insurance Company of North America 1800 S. Grand Avenue Insurer C: Santa Ana, CA 92705 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. 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 ONEFIRE) $ 5,000,000 X OCCURRENCE HDO G21693054 1/1/2004 1/1/2005 MED EXP(PER PERSON) X XCU INCLUDED PERSONAL&ADV INJURY $ 5,000,000 X ISO FORM CG 00 01 10 01 APPROVED AS TO FORT1. GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS/COMP.OP.AGG $ 6,000,000 X PROJECT X LOCATION Laura SLio1lhccdy AUTOMOBILE LIABILITY .ASSis Lain C.i Ly ALlul nuy COMBINED SINGLE LIMIT $ 10,000,000 A x ANY AUTO (EACH ACCIDENT) ALL OWNED AUTOS ISA H08010948 1/1/2004 1/1/2005 X HIRED AUTOS X NON-OWNED AUTOS X MCS-90 EXCESS LIABILITY/UMBRELLA EACH OCCURRENCE $ 15,000,000 A -x OCCURRENCE XOOG21808234 1/1/2004 • 1/1/2005 AGGREGATE $ 15,000,000 CLAIMS MADE WORKERS'COMPENSATION WORKERS'COMPENSATION STATUTORY B and EMPLOYERS LIABILITY WLR C43972765 1/1/2004 1/1/2005 EL EACH ACCIDENT $ 3,000,000 A SCF C43972728 (WI) EL DISEASE-EA EMPLOYEE $ 3,000,000 EL DISEASE-POLICY LIMIT $ 3,000,000 REMARKS: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS: CHECK ® BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. BOX ® CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED(EXCEPT FOR WORKERS'COMP/EL)WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT, City of Santa Ana,Its officers,employees,agents and volunteers are named as Additional Insureds with respect to all operations by the Named Insured(on all policies except Workers'Compensation/EL)where and to the extent as required by written contract. 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.*EXCEPT 10 DAYS NOTICE FOR NON- PAYMENT, City of Santa Ana 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE — Y P.O. Box 1988 Santa Ana, CA 92702 �q® 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 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 the extent required by written contract. AUTHORIZED REPRESENTATIVE: APA RO V Et AS 1..4 y. VJ 4N1vJ: MI 'E; Sheerly CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984