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HomeMy WebLinkAboutWARE DISPOSAL (2)ON FILE CR��O MAY tPROCEED ,� nE SIRES ��c1 rl, S33K-OFFCCO-UNCIL� A-2020-056 SECOND EXTENSION OF 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 SEGO,ii :;EXTENSION OF 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 ("Second Extension") is made and entered into this 17th day of March, 2020 by and between 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") and Ware Disposal, Inc. ("Contractor"). RECITALS A. City and Contractor entered into Agreement No. A-2005-242, dated October 3, 2005, by which City granted to Contractor a non-exclusive right to collect, recycle, divert, and transport to appropriate facilities any construction and demolition debris generated, produced, and/or accumulated at temporary construction sites in the City ("Agreement'). B. The original term of the Agreement continued through June 30, 2008, subject to extension. C. On April 3, 2006, the Agreement was amended to extend the term through June 30, 2018 by the document entitled "First Amended and Restated 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," Agreement No. A-2006-077. The rate structure was amended as well. D. On December 19, 2017, the Parties entered into Extension No. A-2017-367 by which the term of the Agreement was extended through June 30, 2020, with provision for a one- year extension that was later agreed to by the Parties. E. The Agreement remains in effect through June 30, 2021, and the Parties now wish to further extend the Agreement through June 30, 2022. The Parties therefore agree: The term of the Agreement shall be extended through June 30, 2022. 2. This Second Extension shall take effect only upon the effectiveness of the "Second Amendment to Fourth Amended and Restated Agreement for Collection and Handling of Solid Wastes Generated, Produced, and/or Accumulated in the City of Santa Ana," by and between City and Waste Management Collection and Recycling, Inc. ]signatures on following page] Page I of 2 A-2020-056 3. Except as extended and modified by this Second Extension, and Agreement No, 2006-077, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Extension on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: V/' '�" -f.L JZ M.Funk Assistant City Attorney RECOMMENDED FOR APPROVAL l"[G, --- %YsG4jK Nabil Saba Acting Executive Director Public Works Agency Page 2 of 2 CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Ct)A D i S o SA L�� N� Name. Title: Francine R. Yl Villareal °a, e:M3DOB.031E:31]3 moo ,acoRtf CERTIFICATE OF LIABILITY INSURANCE ✓� DATE(MM/DDIYYYY) 7/27/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemengs). PRODUCER HUB international Insurance Services Inc. 3636 American River Drive, Suite 200 Sacramento CA 95864 CONTA T NAME: ROCIo Leon PHONE 916480-4134 a/c No916-993-7234 IL ADDRESS: Rocio.Leon hubinlernational.com INSURE S AFFORDING COVERAGE NAIL# INSURERA: Greenwich Insurance Company 22322 License#: 0757776 INSURED WAREDIS-02 Ware Disposal Inc. P.O. Box 1318 INSURERS: Westchester Surplus Lines Insurance Co. 10172 wsuitl Alaska. National Insurance Company 38733 INSURER D: Indian Harbor Insurance Company 36940 Santa Ana CA 92702 INSURER E: INSURER F : COVERA5E5 CERTIFICATE NUMBER: 27B481332 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICYEFF IMMIDENYYY)n POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I-X-1 OCCUR Y GEC3000730-05 2/28/2020 "'JU#&M EACH OCCURRENCE $1,000,000 DAMAG T RENTED PREMISES Ea oxurrerlce $100.000 X MED UP (Any oneperson) $ 5,000 $1,000 PD Detl. Per Occurrence PERSONAL B ADV INJURY s1,000,000 SENT AGG REGATE U MIT APPLI ES PER: PRO-El GENERALAGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 POLICY JECT LOC $ OTHER I A AUTOMOBILE LIABILITY Y AECO04538605 2/28/2020 2/28/2021 Ee COMBINEDSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY ) (Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ BI/PD Deductible $10,000 B UMBRELLA LIAR X OCCUR G46863306003 2/28/2020 2/28/2021 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 X EXCESS LIAR CLAIMS -MADE DED I IRETENTION$ $ C WORKERS COMPENSATION ANDEMPLOYERS'LIABILIITY YIN ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDEO? NIA 20H WS 05450 8/1/2020 8/1/2021 X STATUTE ERH E.L EACH ACCIDENT _ It1,DOO,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in MR) If yes, describe under E.L. DISEASE -POLICY LIMIT $1.000,000 DESCRIPTION OF OPERATIONS below D Pollution It Remediation Legal Liability/CPL PECO056139 2/28/2020 2/28/2023 Each Poll. Condition Aggregate Retention $5,00 ,000 $10,000,000 $10.000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) (General Liability Per Project Aggregate applies per written contract) RE: Work performed by the insured for certificate holder per written contract Additional Insured: City of Santa Ana; its officers, employees, agents, and representatives are additional insured with respect to General Liability and Auto Liability as required by contract. Forms: CG2010 0413, CG2037 0413, IX1405 0910, XIL431 0605, XIC411 1013 City of Santa Ana Risk Management Division, 4th Floor 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU�THAOtR,IED�REPRESENTATIVE 'dr'V"�^-" ZEL'— ©1 ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ;Y"�" .F R1eleMAnagQdentDlReIM eeP"EWED&11A�PPROVEDBYE: Risk Management Anayst POLICY NUMBER: GEC3000730-05 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Santa Ana, its officers, employees, agents, Any Location volunteers and representatives. 20 Civic Center Plaza, Santa Ana CA 92701 Information required to complete this Schedule if not shown above will be shown in the Declarations. I A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 R E&ED RirVIEDBv: 91 19�WRM— Risk Management Analyst C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 R®k MMV9M9 tiDMsian RREVIEWED& APPROVED Or. '.vl�ill'.�Ct/ir`�'�YN+E �4 V44fN1(/ft ®'. Risk Management Mayst c POLICY NUMBER: GEC300730-05 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Santa Ana, its officers, employees, agents, volunteers and representatives. 20 Civic Center Plaza, Santa Ana CA 92701 Any Location Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 C Insurance Services Office, Inc., 2012 001, RiskM"agemadDMsimt '•" CCREMEWED&nAPPReweem ar. t,. rvcl�NMt h ViF�iNlf� �` �� Risk Management AnalystF ENDORSEMENT# This endorsement, effective 12:01 a.m., 02/28/2020 forms a part of Policy No: GEC3000730-05 issued to Ware Disposal, Inc by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Number of D, Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of City of Santa Ana 20 Civic Center Plaza, Santa Ana CA 92701 All other terms and conditions of the Policy remain unchanged. IXI 405 0910 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Risk ManagemedDWisam ` REMMD 6 APPROVED Br CREW "® Ruk Management Analyst ENDORSEMENT # This endorsement, effective 12:01 a.m., 02128/2020, forms a part of Policy No: GEC3000730-05 issued to Ware Disposal, Inc by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT - SCHEDULED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM It is agreed that to the extent that insurance is afforded to the following Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. Name of Person or Orcanization: City of Santa Ana, its officers, employees, agents, volunteers and representatives. 20 Civic Center Plaza, Santa Ana CA 92701 All other terms and conditions of this policy remain unchanged. XI 4310605 ©, 2005, XL America, Inc. ' >�2 Malt Mecgmtmt Dhisbn RenewEo S APPRmm Br ®' f� 2 V [LHuI Risk Management Analyst ENDORSEMENT #044 This endorsement, effective 12:01 a.m., July 20, 2020 forms a part of Policy No. AEC004538605 issued to WARE DISPOSAL, INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Number of Days Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of Cancellation: City of Santa Ana Risk Management Division, 4th Floor, 20 Civic Center Plaza 30 Santa Ana, CA 92702 All other terms and conditions of the Policy remain unchanged. IXI 405 0910 JABR 07/20/2020 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. —tx RiskMmgcmentutly n REvexm&APPROV®Br. 15sk Management Analyst POLICY NUMBER: AECO04538605 XIC 411 1013 ENDORSEMENT #011 This endorsement, effective 12:01 a.m., February 28, 2020 forms a part of Policy No. AECO04538605 issued to WARE DISPOSAL, INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or "property damage" for which liability coverage is sought; and C. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged XIC 411 1013 © 2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permi 4 R d MwgemmtD[vlebn KESS 03/21/2016 REIAEwED & APPRoAPPROVEDar. fu.+rc a 2. VSAVAt gem Risk Manaent Analyst Westchester A Chubb Company Declarations ACE Catastrophe Liability Plussm Policy Policy Number: G46863306 003 Previous Policy Number: G46863306 002 COVERAGE IS PROVIDED IN THE COMPANY DESIGNATED BELOW Westchester Surplus Lines Insurance Company NAMED INSURED AND ADDRESS PRODUCER NAME AND ADDRESS Ware Disposal, Inc. CRC Insurance Services Inc. (As Per Underlying Insurance) 1 Metroplex Drive P.O. Box 1318 Suite 400 Santa Ana, California 92702 Birmingham, AL 35209 PRODUCER CODE 101571 Policy Period: From 02/28/2020 To 02/28/2021 12:01 A.M Local Time at the Address of the Named Insured as stated herein Limits of Insurance $ 10,000,000 Each Occurrence $ 10,000,000 Aggregate Premium $ Advance Premium © Flat Except For Acquisitions ❑ Adjustable Surplus Lines Tex $ Total Amount Due Stamping Fee $ Annual Premium Policy Fee: - Fee: Schedule of Underlying Insurance First Policy of Underlying Insurance Company: See Schedule A Limits of Insurance Policy Period: See Schedule A $ See Schedule A Each Occurrence $ See Schedule A Aggregate, Where Applicable $ Not Applicable Forms attached to and forming a part of this policy at Inception: Policy Form: ACE Catastrophe Liability Plus Policy XSC-27266 Schedule of Underlying Insurance: ❑ XSWO02 �X XSWO04 Endorsements as Listed on the Schedule of Endorsements CPfs2 Authorization Information: (5; JOHN J. LUNCA. President XSWO01 (07/10) ®Chubb. 2016. A rghts reserved. WdeMcnagemmtDMsfon REVIEWED S, APPROVe7 Sr ':[llifO®lltlEl' ��c+,sa.c �. V:tL�nul ® Ruk Management Analyst SCHEDULE A - SCHEDULE OF UNDERLYING INSURANCE Named Insured Endorsement Number Ware Disposal, Inc. Policy Symbol Policy Number Policy Period Effective Date or Endorsement MLW G46863306 003 02/2812020 To 02128/2021 02/28/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ACE CATASTROPHE LIABILITY PLUS POLICY TYPE OF POLICY APPLICABLE LIMITS INSURER - POLICY PERIOD (A) Automobile "Bodily Injury" and "Property Damage" Liability Combined Single Limit $ 1,000,000 Each "Occurrence" Uninsured I Underinsured Motorist $ Not Applicable Each "Occurrence" (B) General $ 1,000,000 Each "Occurrence" Limit Liability $ 2,000,000 General Aggregate Limit (X) Per ProjectiLocation $ 2,000,000 Products/Completed Operations Aggregate Limit $ 1,000,000 Personal & Advertising Injury Limit (C) Employers Coverage B— Employers Liability Liability 'Bodily Injury" by Accident $ 1,000,000 Each Accident "Bodily Injury" by Disease $ 1,000,000 Each Employee Bodily Injury" by Disease $ 1,000,000 Policy Limit (D) Employee $ 1,000,000 Each "Claim" Benefits $1,000,000 Aggregate Liability (E) Automobile "Bodily Injury" and "Property Damage" Liability Combined Single Limit $ 1,000,000 Each "Occurrence" (Excess of Item (A) above) Greenwich Insurance Company 02/28/2020 — 02128/2021 Greenwich Insurance Company 02/28/2020 — 02128/2021 Western World Insurance Company 02/28/2020 — 02128/2021 Alaska National Insurance Company 08/01/2019 — 08101/2020 Greenwich Insurance Company 02/28/2020 — 02/28/2021 Crum & Forster Specialty Insurance Company 02/28/2020 — 02/28/2021 XSWO04 (07110) ©Chubb. 2016. All rights reserved. F £. RAMmcgemadDiviebn =9 - REvIENED 6 APPROVED Br. I`4m-4� R. vib' 1 Risk Management Analyst