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Home My WebLink AboutGREAT WESTERN RECLAMATION, INC.- A-2003-001 AMENDMENT TO AGREEMENT A-2003-001 THIS AMENDMENT, made and entered into this day of January 2003, by and between USA Waste of California, Inc. formally, Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc. hereinafter ("Contractor") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECITALS CktZ A. The Parties entered into that certain agreement entitled "AGREEMENT FOR THE v COLLECTION AND HANDLING OF CONSTRUCTION AND DEMOLITION SOLID WASTE GENERATED, PRODUCED AND/OR ACCUMULATED AT A TEMPORARY � uu CONSTRUCION SITE IN THE CITY OF SANTA ANA" dated January 2, 1996, "e id hereinafter referred to as "said Agreement", for providing the collection and removal of 6 tc =\ construction and demolition materials generated at temporary construction sites; bir ®0.}N. ®I .'Y) B. On June 30, 2002, Parties amended said Agreement to extend the Term of said Agreement r,7 in order to in order to provide continuous uninterrupted service under the Agreement; vl U gee v 0 C. Since the execution of the First Amendment to said Agreement, Parties have met to discuss m extending the Term of said Agreement and updating the Program Surcharge of said Agreement to accurately reflect the current program surcharge; D. The Parties hereto now desire to amend the Term and Program Surcharge of said Agreement in order to in order to provide continuous uninterrupted service under the Agreement and to increase the percentage paid to the City as a Program Surcharge to accurately reflect said amount. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 2, of said Agreement, pertaining to Term of said Agreement is hereby amended to change the termination date of December 31, 2002, to January 31, 2003 with 11 one month options to extend, to be authorized by the Executive Director of the Public Works Agency in order to provide necessary continuous uninterrupted service to the City. 2. Section 7 of said Agreement, pertaining to Program Surcharge of said Agreement is hereby amended to increase the program surcharge from 6%to 10.6%. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. /TtST: CITY O.+ SANT, X 'ATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By. NI\1,. �.44_ Michael Vighotta Deputy City Attorney RECOM 4 NDED POR' PP a eAL: CONTRACTOR _..t...4 4 6 4-- v g__ ..,.... .4.1, e Jame. G. Ross eql3 3 Exr'Wive Director of the rT�/ ��'`�s blic Works Agency USA Waste of California, Inc CONSENT CALENDAR PROJECTS 23.A. PROJECT NO. 1824 - OMNIBUS CONCRETE REPLACEMENT AT VARIOUS LOCATIONS Motion: 1. Award a contract to Ranco Corporation, the lowest responsible bidder, in accordance with unit bid prices for an estimated amount of$426,486.50 for concrete replacement at various locations 2. Approve a Funding Analysis with a total estimated construction cost of$522,400.00 - Public Works Agency 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.C.) 25.A. AGMT NO. 2003-001 & 002 - WASTE MANAGEMENT - Execute amendments to the agreement with Waste Management and Ware Disposal for the hauling and processing of construction and demolition debris, extending the term of the agreements for one month with eleven one-month options, to be authorized by the Executive Director of Public Works - Public Works Agency 25.B. AGMT NO. 2003-003 - TEMPORARY ENGINEERING SERVICES - Execute an amendment to the agreement with Pro Source in the amount of $10,000.00 for a total amount not to exceed $160,000.00 - Public Works Agency 25.C. AGMT NO. 2003-004 - ASSESSMENT DISTRICT ENGINEERING AND DEVELOPMENT SERVICES - Execute an agreement with Berryman Henigar in an amount not to exceed $200,000.00 to provide assessment district engineering and development services - Public Works Agency Mayor Pro Tern Franklin declared a conflict of interest on item 25.D. and left the Chamber during the discussion and vote on this matter 2:501 AGMT NO. 2003-005 - SANTA ANA SECOND MAIN TRACK PROJECT SETTLEMENT AGREEMENT Richard Stowe addressed the City Council and commended staff for reaching an agreement with Metrolink on this matter. CITY COUNCIL MINUTES 10 JANUARY 6, 2003 PRESENTATIONS Proclamation presented by MAYOR PRO TEM FRANKLIN to Jerry King for his invaluable service on the Orange County Water District Board Proclamation presented by COUNCILMEMBER CHRISTY to Dr. Sara Lundquist, Director of Student Services at Santa Ana College for recently earning her Ph.D. and for outstanding service at Santa Ana College Proclamation presented by COUNCILMEMBER SOLORIO to Mr. Sandy Sigal of NewMark Merrill Company for their outstanding redevelopment of the Bristol-Warner Village Certificates of Recognition presented by COUNCILMEMBER SOLORIO to Cory Timpson of the Orange County Congregation Community Organization; Lupe Tinajero, Vicente Robles, Carmen Tapia and Juan Tapia of Immaculate Heart of Mary Church; and Santa Ana Police Lieutenant Mike Foote for Project SAINT Proclamation and Certificates of Recognition presented by COUNCILMEMBER SOLORIO to Rancho Santiago Community College District Board of Trustees and Chancellor Dr. Eddie Hernandez for their efforts on the successful passage of Measure E CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Councilmember Alvarez requested that item 13.B. be pulled for separate discussion • Mayor Pulido requested that item 25.D. be pulled for separate discussion • Item 30.A. was continued to the January 21, 2003 Council meeting at the request of the applicant Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido Solorio (7) NOES: None (0) ABSENT: None (0) tt4 i tSj*cl:fioi ?001** i f ::: i':*6004 f'0 `Fid "00i:i iii50 0*A0 .4 Sf 00 #f a i6 at4A:Rter itOm :: titl 61:it:i tS:We:i elapt i : p rE:tzf::#1leeiat SOiit ril than CITY COUNCIL MINUTES 4 JANUARY 6, 2003 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 6,2003 CALL TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:20 P.M. COUNCILMEMBERS present: 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 Warren Johnson, Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 25 Years of Service Stephen Poe, Fleet Equipment Technician II PRESENTATIONS Certificate of Recognition presented by MAYOR PULIDO to Stuart Faber, Manager of Starbucks Coffee in recognition of their generosity in hosting the "Celebrate the City Mixer" held on October 25, 2002 Plaque presented to MAYOR PULIDO in recognition of the City's sponsorship in the "Mayor's Cup Basketball Tournament" by Greg Coombs of Century High School CITY COUNCIL MINUTES 3 JANUARY 6, 2003 taREQUEST FOR COUNCIL ACTION ' Rs° CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 6, 2003 TITLE: APPROVED ❑ As Recommended AMENDMENTS TO AGREEMENTS WITH ❑ As Amended WASTE MANAGEMENT AND WARE ❑ Ordinance on 21stnd Reading DISPOSAL ❑ Implementance ing Reading 0 Implementing Resolution 0 Set Public Hearing For - '/,,✓//'7 CONTINUED TO __ _ FILE NUMBER A-200/001 V CI MANAGER nn >> 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 lg' a„Migete ` and Ware Disposal for the hauling and processing of construction and demolition debris, extending the term of the agreements for one month with eleven one-month options, to be authorized by the Executive Director of Public Works . 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 the Council authorized up to six one-month extensions since negotiations with the two companies regarding new agreements were not complete . At this time there are issues regarding the Conditional Use Permit at Madison Materials . The agreements under development include processing the City' s C and D material at the Madison Materials processing facility. Until all of the related issues are resolved, staff is recommending extensions to the previous agreements, updated to reflect the City' s current program surcharge . The City' s Municipal Code allows the collection, transportation and disposal of C and D solid waste as long as that the company has an agreement with the City. Thus, until there are new agreements in place, it is recommended that the City Council authorize a one-month extension, with an additional eleven one-month extension options with the approval of the Executive Director of Public Works, so that both contractors are able to haul and recycle C & D waste in Santa Ana in compliance with the City' s Municipal Code. Page 41 25 .A. Amendments to Agreements with Waste Management and Ware Disposal January 6, 2003 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City' s program surcharge is currently 10 . 6°% . This charge will be reflected in the amendments and will result in additional annual revenue of approximately $58, 000 . This revenue will be deposited into the Refuse Collection Fund (account no . 69-01-5112) . APPROVED AS TO FUNDS AND ACCOUNTS : James G. Ross 6.Ro•1 R. 'C• u' a Executive Director Executive Director UU Public Works Agency Finance a Mgmt . Services Agency 25 .A. Page 42 CE .'IFICATE OF INSURANCE Date:(MM/DD/YY) 3/14/2003 PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lockton anselipe, Agencyofof Houston,Inc. ONLY AND CONFERS. NO RIGHTS UPON THE CERTIFICATE 5847 San Felipe,Suite 320 Houston,TX 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 866-260-3538(Phone) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 866-492-1055(Fax) This Certificate Voids and Supercedes any previously issued certificate. INSURERS AFFORDING COVERAGE INSURED: WASTE MANAGEMENT, INC. and Insurer A: ACE American Insurance Company Waste Management of Orange County Insurer B: Indemnity Insurance Company of North America 1800 South Grand Avenue Santa Ana, CA 92705 Insurer C: National Union Are Insurance Company of Pittsburgh,PA Insurer D: Gerling Konzern Allgemeine 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 X OCCURRENCE HDO G2058693A 1/1/2003 1/1/2004 MED EXP(PER PERSON) X XCU INCLUDED PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 X PROJECT PRODUCTS/COMP.OP.AGG $ 6,000,000 X LOCATION AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 10,000,000 A x ANY AUTO ISA H07840263 1/1/2003 1/1/2004 (EACH ACCIDENT) X HIRED AUTOS X NON-OWNED AUTOS X MCS-90 EXCESS LIABILITY/UMBRELLA EACH OCCURRENCE $ 100,000,000 A x OCCURRENCE X00021740019 1/1/2003 1/1/2004 AGGREGATE $ 100,000,000 C CLAIMS MADE 2859983 D I 839/CX3591203 WORKERS'COMPENSATION WORKERS'COMPENSATION STATUTORY B and EMPLOYERS LIABILITY WLR C43510885 1/1/2003 1/1/2004 EL EACH ACCIDENT - $ 1,000,000 A SCF C43510927 (W I) EL DISEASE-EA EMPLOYEE $ 1,000,000 EL DISEASE-POLICY LIMIT $ 1,000,000 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. 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 coverage to the trucks owned by 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 APPROVED ` g p FORM • 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE: P.O. Box 1988 / Santa Ana, CA 92701 A -.1 . — Michael Vigliotta / fPT„ty city Attorney 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 G2058693A relating tothe 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 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 01/01/03 , this endorsement form as a part of Policy# HDO 02058693A Issued to WASTE MANAGEMENT OF ORANGE COUNTY Named Insured Countersigned by Authorized Representative APPROVED S 'O 11' MB ichae Vigliotta Deputy City Attorney