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HomeMy WebLinkAbout04800 - ASBURY ENVIRONMENTAL WASTE DISPOSAL TRANSPORT TREATMENT Asbury Environmental Waste Disposal AGREEMENT #4800 M07398, 11-19-03 CONTRACT SERVICES AGREEMENT For the Collection, Transportation, Disposal And/or Destruction of Waste Materials THISONTRACT SERVICES AGREEMENT(herein"Agreement")is made and entered into this _day of C)&IMP" 2003 by and between the CITY OF PALM SPRINGS (herein "City"), a municipal corporation, and Asbury Environmental Services(herein"Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Agreement. This Agreement is to govern services to be provided by Contractor for the proper collection, transportation, treatment, disposal and/or destruction of various wastes, including, but not limited to, hazardous waste from the property located at 3400 Tahquitz Canyon Way (Palm Springs International Airport, hereinafter the "Site", in the locations described in Exhibit "A") including any and all testing. In compliance with the terms and conditions of this Agreement, Contractor is to provide all services, including all supervision, labor, equipment and materials, and all other resources necessary far the proper performance of its obligations as set forth under this Agreement. 1.2 Scope of Services. In accordance with paragraph 1.1 above and the following terms and conditions of this Agreement, Contractor is to properly collect, transport and provide for the treatment and/or disposal or destruction of those waste materials more specifically described in Exhibit"A"to this Agreement,within twenty(20)calendar days of receiving written notice to proceed from the City's Contract Officer. Upon completion of such services, Contractor will, within ten (10) days thereafter, prepare and submit a written report to the City, describing the work conducted and the results of any tests performed on such waste, and a description of the disposition of all such waste. The written report is to include copies of any and all waste profiles, waste manifests, laboratory results, bills of lading, weigh tickets, and certifications of recycling, treatment,destruction or disposal.Contractor represents and warrants that all services performed in connection with this Agreement by itself or any subcontractor, will be performed in a competent,professional and satisfactory manner,and will be performed in accordance with the accepted procedures and standards present in the industry. 1.3 Compliance with Law. Contractor represents and warrants that all services rendered hereunder by it or any subcontractor shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and the statutes, rules and regulation of the United States of America, the State of California, the County of Riverside, and all other regional and local governmental agencies with jurisdiction over the work to be performed herein. 1.4 Licenses Permits Fees and Assessments. Contractor represents and warrants that Contractor, and all subcontractors, have obtained or will obtain, at their sole cost and expense, all licenses, permits and approvals required by law for the performance of the services required bythis Agreement.Contractor and/or its subcontractors have the sale obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for their performance of the services required by this Agreement, and Contractor shall ,Fin indemnify, defend, reimburse and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City. 1.5 Treatment. Storage or Disposal Facility. Contractor represents and warrants that the treatment, storage or disposal facility to be used in furtherance of this Agreement will be a properly licensed and permitted facility, in accordance with all applicable federal, state and local laws governing the same, and that there are no releases or significant threatened releases of any "hazardous waste" as defined under California Health & Safety Code Section 25117, or "hazardous substances" as defined under California Health &Safety Code Section 25281, and all amendments thereto, into the air, soil or groundwater at such designated facility or facilities. Contractor shall provide documentation of all necessary licenses, permits, approvals and/or certificates for the lawful operation of any such treatment, storage or disposal facility, and shall provide copies of the same to City prior to the execution of this Agreement by City. Contractor understands and agrees that the City may terminate this Agreement or prohibit the transportation or disposal of any such waste to a designated treatment, storage or disposal facility not consistent with the provisions of this paragraph and/or the intent of this Agreement. 1.6 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor, and its subcontractors, (a) have thoroughly investigated and considered the scope of services to be performed, (b) have carefully considered how the services should be performed, and (c) fully understand the facilities, and the difficulties and restrictions involved with the performance of the services under this Agreement. Contractor warrants that Contractor and all subcontractors have or will investigate the property described in Paragraph 1.1, and is or will be fully acquainted with the conditions there existing, prior to commencement of any services hereunder. Should the Contractor discover any latent or unknown conditions which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. Contractor, on behalf of itself and any officer, agent, employee or representative of Contractor, hereby waives and releases City, and its past and present officers,Council members,Commissioners,agents, representatives, attorneys and employees, from and against any and all damages, injuries, claims, actions, remedies, fines or liabilities, including bodily injury, personal injury and property damage, both known or unknown, suspected or unsuspected, to Contractor and/or its officers, agents, employees or representatives that may arise from the existence or potential existence of any hazardous materials, hazardous waste or hazardous substance, as such terms may be defined under any state, federal or local law or regulation, and from any condition or defect that exists or that may exist on the Site; Contractor, by entering into this Agreement,expressly assumes the risks created by any such conditions, defects, and hazardous materials, wastes or substances on the Site. 1.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work,and the equipment, materials, papers,documents, plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, except such losses or damages that are caused solely by City's own negligence. 1.8 Suspension of Services. The City may, with cause, at any time, suspend, delay, interrupt or stop the performance of any and all services of Contractor under this Agreement, upon one (1) day's written notice to Contractor. In the event of any such suspension of services, where Contractor is in compliance with the terms of this Agreement and is not the cause of the need for the suspension, reasonable costs necessarily incurred by Contractor during the suspension period as a result of the suspension, including costs incurred in reactivating sources, shall be reimbursed to Contractor after Contractor (a) itemizes the costs involved; (b) provides satisfactory documentation to support the itemized costs; and (c) demonstrates that the services provided during this suspension were in direct support of the overall services to be performed under this Agreement. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless herein specified, neither partyshall be responsible forthe services of the other. 1.10 Additional Service. City shall have the right at any time during the performance of the services,without invalidating this Agreement, to order extra work or make changes by altering,adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, with such adjustments being subject to the written approval of the Contractor. Any increase in compensation of ten percent (10 %) or less of the Contract Sum, or in the time to perform must be approved by the Contract Officer.Any greater increases in compensation, taken either separately or cumulatively, must be approved by the City Council. 1.11 Special Requirements.Additional terms and conditions of this Agreement,if any,which are made a part hereof are set forth in the "Special Requirements', attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered under this Agreement, Contractor shall be compensated in accordance with the Schedule of Compensation set forth in Exhibit"C" after: (1)completion of the services to be conducted underthis Contract; (2)the City's receipt of evidence showing that the waste described in Exhibit "A" was properly collected,transported,treated,destroyed and/ordisposed of, and (3)the City's receipt of an invoice thereon. Except as otherwise provided in this Agreement pursuanl to paragraph 1.10 above, the total payments to be paid for the services to be provided under this Agreement (collectively "Contract Sum") shall not exceed a total of fifty thousand dollars ($50,000.00). Any invoice of services rendered to the City is to contain a complete and accurate description of all work to be charged pursuant to the invoice. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Scheduleof Performance.Contractor shall commence the services required underthis Agreement within ten(10)days of receiving written notice to proceed from the Contract Officer.Contractorshall complete all services required under this Agreement,including the written report as defined under Section 1.2, within thirty (30) days of commencement of the services hereunder, and in accordance with the Schedule of Performance as set forth in Exhibit "D." 3.3 Site Upkeep. Contractor shall keep the work area at the Site free of safety hazards and debris. Contractor shall be responsible for the immediate clean up of any spillage or leakage of any hazardous waste or hazardous substance as defined in Section 1.5 above. Contractor is responsible for properly posting any notices on the Subject Property as may be required under local, state or federal law in connection with the services to be rendered herein. Contractor shall also be responsible for the immediate removal and/or clean up of any spill, release or disbursement of any hazardous waste or hazardous substance or other waste on the Site or on any other location, if such spill, release or discharge is caused or contributed to in any way by Contractor's actions or inactions. In the event of any spill, release or discharge of any hazardous waste, hazardous substance, or other waste, caused in whole or in part by the actions or inactions of Contractor, Contractor shall immediately notify the Contract Officer in addition to any other notification requirements that may otherwise be imposed by law on Contractor. The City may deduct from monies due, or to become due from the Contractor, any expense incurred by the City as a result of the Contractor's failing to correct any safety hazard or failure to promptly and completely clean up any spill, release or discharge or to remove any hazardous waste, hazardous substance, or other waste from the Site or any other location which, in the opinion of the Contractor Officer, has resulted from Contractor's services under this Agreement. 3.4 Permit Documentation. Contractor represents and warrants that Contractor has provided copies of any and all permits, licenses or approvals needed by Contractor to perform its services under this Agreement, to City prior to the execution of this Agreement by City. 3.5 Force Maleure. The time period(s) specified in this Agreement for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor; including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor, within three(3)days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay.The Contract Officer shall ascertain the facts and the extent of the delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any such delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.6 Contractor's Failure to Perform. Should the Contractor fail to perform in accordance with the terms and conditions set forth in this Agreement, City has the right to obtain the required services, at its discretion,from another person or entity,either temporarily or permanently, and to either suspend or terminate all remaining portions of this Agreement in the event of such failure of performance on the part of Contractor. In the event Contractor fails to perform in accordance with this Agreement, in addition to the City's rights of suspension and/or termination of this Agreement, City retains all other rights and claims provided for under this Agreement and as may otherwise be provided by law. In the event the City must obtain another person or entity to perform the services required to be performed by Contractor herein, Contractor shall be responsible for all additional costs,expenses and damages incurred by City as a result of the same. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Kevin Cooke It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were substantial inducements for City in entering into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial,inducement for the City to enter into this Agreement.Therefore,Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,whetherfor the benefit of creditors or otherwise,without the prior written approval of City.Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%)of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner,mode or means by which Contractor, its agents or employees perform the services required herein, except as otherwise set forth herein. City shall have no voice In the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of services. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability,personal injury,independent contractors,broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Pollution Liability Insurance. A policy of pollution liability insurance written on a claims made basis shall be written in an amount not less than $1,000,000 per loss and$1,000,000 in the aggregate. Such coverage shall remain in effect until five (5) years after the date of completion of this Agreement. Contractor shall provide such evidence of such insurance to City, naming City an as additional insured, with regards to Contractor's work under this Agreement. Where appropriate, Pollution Liability Insurance in accordance with the limits in this subsection (b), may be provided as a part of Contractor's Automotive Insurance. (c) Worker's Compensation Insurance.A policyof worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (d) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (e) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit "B". All of the above policies of insurance shall be primary insurance and issued by companies whose rating satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers,employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services underthis Agreement shall commence until the Contractor has provided the City with Certificates of Insurance,endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractorto maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to defend, reimburse and indemnify the City, its officers, agents, employees and representatives, and to hold and save each of them harmless from, any and all damages, injuries, claims, actions, penalties, fines, obligations, errors,omissions or liabilities(herein"Claims"or"Liabilities")including, but not limited to,any Claim or Liability based on any federal, state or local law involving "hazardous wastes," "hazardous substances" or "hazardous materials," as such terms are or may be defined under federal, state and/or local law, and including any Claim or Liability for equitable relief, injunctive relief or damages, any or all of which may be asserted or claimed by any person, firm or entity as a result of or arising out of any operations or activities, or any actions, inactions and/or omissions of Contractor, its agents, officers, employees, representatives, subcontractors or invitees, whether or not there is concurrent, passive or active negligence on the part of the City, its officers, agents or employees, but excluding such Claims or Liabilities arising from the sole negligence orwillful misconduct of the City, its officers, agents or employees, who are directly responsible to the City. In connection with the indemnification provided in this Section: (a) Contractor will defend any action or actions filed in connection with any Claims or Liabilities and will pay City and reimburse City for all costs and expenses, including legal costs and attorneys' fees, incurred in connection therewith; (b) Contractor will promptly pay anyjudgment rendered against the City, its officers, agents or employees or any payments under any reasonable settlement involving said parties and agreed upon by City, for any such Claims or Liabilities, and Contractor agrees to save and hold the City, its officers, agents and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor, Contractor agrees to pay to the City, and to reimburse the City, and its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to legal costs and attorneys'fees, and to indemnify and hold the City harmless from any and all such claims or liabilities. 5.3 Sufficiency of Insurer or Surety Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in the State of California, raged"A"or better in the most recent edition of Best Rating Guide, the Key Rating Guide or in the Federal Register and only if they are of a financial category Class VII or better, unless such requirements are waived in writing by the Risk Manager of City ("Risk Manager"). If the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor shall prepare and submit to the Contract Officer a written report on the services provided pursuant to this Agreement, and shall provide all copies of all waste profiles, waste manifests, weigh tickets, bills of lading and certificates of recycling, treatment destruction, or disposal to the Contract Officer sufficient to verify the completion of the work to be performed by Contractor under this Agreement. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and to enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy audit and make records and transcripts from such records.Such records shall be maintained for a period of seven (7) years following completion of the services hereunder, and the City shall have complete and timely access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other written materials prepared by Contractor, its officers, employees, subcontractors and agents in the performance of this Agreement,shall be the property of the City and shall be delivered to City upon request of the Contract Officer or upon termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and written materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any appropriate federal court, and Contractor covenants and agrees to submit to the personal jurisdiction of such courts in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the other of the claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within three (3) days of service of such notice and completes the cure of such default within thirty (30); days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, immediate action may be necessary, and a shorter period for cure of such default as reasonably determined by the injured party shall apply. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.6. 7.3 Retention of Fund. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, claims, or liabilities or, damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any Claim or Liability is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a Claim or Liability, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. Neither the exercise of its right to deduct or withhold nor failure of City to exercise such right to deduct or to withhold shall affect the obligations of the Contractor to insure, indemnify and protect City as elsewhere provided. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act.Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive of this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 City's Right to Terminate Without Cause. The City may terminate this Agreement at any time, with or without cause, upon three (3) days written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shortertime as may be determined bythe Contract Officer. Upon receipt of notice of termination from City, Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Where termination is not due to the failure of Contractor to fulfill its obligations under this Agreement, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services approved by the Contract Officer in writing, except as provided in Section 7.3. 7.7 City's Right to Terminate Contract for Cause. In the event of a breach of any representation or warranty of Contractor under this Agreement, or where Contractor fails to comply with the terms and conditions of this Agreement, in addition to the City's right to terminate under any other provision of this Agreement, or as otherwise provided by law, the City has the right to terminate this Agreement and to terminate all obligations of the City herein, immediately, upon written notice to Contractor of the same. 7.8 Completion of Work Where Termination for Cause. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to 4he extent that the total cost for completion of the services required hereunder exceeds the compensation herein provided (provided that the City shall use reasonable efforts to mitigate such damages),and City may withhold any payments to the Contractorfor the purpose of setoff or partial payment of the amounts owed the City. 7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or otherwise, shall be entitled to reasonable attorneys' fees.Attorneys'fees shall include attorneys'fees on any appeal,and in addition a party entitled to attorneys'fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs which are incurred in such litigation, including expert witness fees and consultant fees. All fees shall be deemed to have been incurred on commencement of such action and shall be recoverable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION 8.1 Non-Liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or to any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation or term of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination.Contractor covenants that,by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of,any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice.Any notice, demand, request, document, consent, approval or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262, and in the case of the Contractor, to the person at the address designated on the executed page of this Agreement. Either party may change its address by notifying the other party of the change in address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning or the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might apply. 9.3 Integration Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supercedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties and none shall be used to interpret this Agreement. This agreement is a fully integrated Agreement and may be amended at any time only with the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by avalidjudgement ordecree of courtof competentjurisdiction,such invalidity or unenforceablitlity shall not affectany of the remaining phrases,sentences, clauses, paragraphs or sections of the Agreement which are hereby declared to be severable and shall be interpreted to carry out the intent of the parties hereunder unless the valid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. (SIGNATURES ON NEXT PAGE) IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation e� is City Clerk / �-�+w City Manager Agreement over/u*der-$25,000 APPROVED AS TO FORM: IieViewett and approved by Procurement & Contracting Bv� ttorney I tifiais ' Date City P.O. Numbe CONTRACTOR: Check one: Individual_Partnership Xcorporation Corporatio=natme tures One from each of the following: A. Chairman of Board, President,or any Vice President ecretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: BY: I.� ed) 1 6,r Signature(notarized) Name: S-{t.VP. KrvdttLr� Name:N O hw MAI �YOP4-)eA Title: T 1116)CtC41'T Title: l..tM1� {."�' 1 y'►A,Y1(it Gyl O'!"I"j Cite Stateof (.af; YI(6v� State ofl.6b Lr1ti✓vti)cw.� County of Los �SS County of S g6'c'-( °tl S On04 ID ��beforeme, ?�f.�lC .fi 105't'E.�" On b•p� i, Z33 before me, 7Grp ,non personally appeared `.=5)"GN� F-`&'✓G1-U�(SY5 personally appeared Owl VV ``z1lit,(NZMeO personally known to me (or-pr d4eo—me-on-the-basis-of personally known to me (rn-proved-to-me-ors-ibis-basis-o zati4asleq-evidansa}to be the person(o4whose name(k�is/ay saFisfastory-evidenee)-to be the person((Kwhose name(*1s/af-• subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/si 6tLiAe sexecuted the same in hislhe76theirauthorized that he/sue/Rs�-executed the same in his/Ref7ttTeipauthonzed capacityges)l and that by his/Ridtheit- signature(.b)�on the capacity(i ? and that by his10_-VtPrdrsignature@8_-on the instrument the person(,d¢'or the entity upon behalf of which the instrument the personWor the entity upon behalf of which the person 4acted,executed the instrument. person*acted,executed the instrument WITNESS nd and official seal. WITNESS mytakd and official seal. Notary Sig tuts: t Notary Signak `� / E-'' � L•� Notei sal: Notary S a . . _17 JESSICA F. TOR[ E3 1� Comr-ir ion,« 72�.;�8 z JESSICA F.TOP ES Notary Pub c Cclr O nia 4Omy Commission#12<3Tp Los Angni� CouniYy [[ iNotary Public-Califomia RfirCOmm.F�,p',rrar`lar2/ Los AngOles CountCOmm.Epf �"ustdov,7T,.u7rJ,i EXHIBIT "A" SCOPE OF SERVICES Contractorshall provide all services, including all supervision, labor, equipment and materials, and all other resources necessary for the proper collection,transportation, disposal and/or destruction of waste materials from the Palm Springs International Airport. Waste Materials: Waste Materials to be collected include: liquids and solids contained in two (2) oil/water separators connected to the apron draining system for the Airport; 55-gallon waste oil barrels; 55-gallon barrels containing waste runway crumb rubber and sand. Additional Services: Each time that waste oil barrels are collected, Contractor shall service the surrounding secondary containment, including, but not limited to, collection of any materials contained therein. EXHIBIT "C' SCHEDULE OF COMPENSATION Total Compensation: Total compensation for services provided hereunder shall not exceed $50,000. Rate Schedule: Services provided by the Contractor shall be compensated at the following rates: For Oil/Water Separator Waste: Liquids $0.75 per gallon Solids $3.15 per gallon Transportation Fee $71 per hour, portal-to-portal Vehicle Clean-out Fee Included in above rates For Waste Oil: Flat Fee $65.00 per pickup For Runway Rubber/Sand: 55-gallon drum $210.00 per drum Transportation Fee $45.00 per visit EXHIBIT "D" SCHEDULE OF PERFORMANCE Term: The term of this Agreement shall be for three (3) years. Scheduling of Services: Services shall be provided on an as-required basis. All services to be performed will be requested by and coordinated with the Airport Maintenance Superintendent. Estimated Frequency of Services:The estimated frequency of the services to be performed are as follows: Oil/water separators: 1 servicing of each separator per year; Waste Oil: 2 pickups per year; Runway Rubber/Sand: 1 pickup per year. Department of Toxic Substances Control -- Edwin F. Lowry, Director 8800 Cal Center Drive Winston H.Hickox Sacramento, California 95826-3200 Gray Davis Agency Secretary Governor California Environmental Protection Agency ***HAZARDOUS WASTE TRANSPORTER REGISTRATION*** WITH CONSOLIDATED TRANSPORTER NOTIFICATION NAME AND ADDRESS OF REGISTERED TRANSPORTER: ASBURY ENVIRONMENTAL SERVICES 210D N. ALAMEDA ST COMPTON, CA 90222 TRANSPORTER REGISTRATION NO: 0015 EXPIRATION DATE: MAY 31, 2004 THIS IS TO CERTIFY THAT THE FIRM NAMED ABOVE IS DULY REGISTERED TO TRANSPORT'HAZARDOUS WASTE IN THE STATE OF CALIFORNIA IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 6.5, DIVISION 20 OF THE HEALTH AND SAFETY CODE AND TITLE 22 OF THE CALIFORNIA CODE OF REGULATIONS, DIVISION 4.5. THIS REGISTRATION CERTIFICATE MUST BE CARRIED WITH EACH SHIPMENT OF HAZARDOUS WASTE. FOR REGISTRATION INFORMATION, PLEASE CALL (916) 255-4368. (AU ED SIGNAT LAY 61 = . (DATE) The energy challenge faring California Is real Every Caldornian needs to take immediate aoBon to reduce energy consumption. Fora list ofslmple ways you can reduce demand and cut your energy costs,see our Wah-site at www.dtsc.ca.gov. 0 Printed on Recycled Paper Page I of 2 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION HAZARDOUS MATERIALS imp CERTIFICATE OF REGISTRATION FOR REGISTRATION YEAR(S) 2003-2004 Registrant: ASBURY ENVIRONMENTAL_SERVICES ATTN:JESSICA CORTES 1300 SOUTH SANTA FE AVENUE COMPTON, CA 90221-0000 This certifies that the registrant is registered with the U.S. Department of Transportation as required by 49 CPR Part 107, Subpart G. This certificate is issued under the authority of 49 U.S.C. 5108. It is ut lawful to alter or falsify this document. Reg. No: 061603552006L Issued: 06/16/03 Expires: 06/30104 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with RSPA, and (2) This Certificate of Registration Each person subject to the registration requirement must fumish that person's Certificate of Registration (or a copy) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U.S. Department of Transportation upon request. Each motor carrier(private or for-hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the"U.S. DOT Hazmat Reg. No." in each truck and truck tractor or vessel (trailers and semi-trailers not included) used to transport hazardous materials subject to the registration requirement. The Certificate of Registration or document bearing the registration number must be made available, upon request, to enforcement personnel. For information, contact the Hazardous Materials Registration Manager, DHM-60 Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh https://diy,dot.gov/cust/cdeploy?ecaction=ecpassthru&template=hazmat--Permit.en.btm&r... 6/16/2003 State Of Caliornia Cunwmcr CONTRACTORS STA STATE ENSE BOARD ,4, ACTm„wmN, 731738 E CORP ASBURY ENVIRONMENTAL SERVICES I AHAZ 01/31/2005 MOTOR CARRIER PERMIT A A!'uM¢1rvbA D , _� IV"T OF MOTOR VEHICLES Valid 11/OS/2002 Valid 10/31/2003 ;, From- Thron h: ' _ �•-etmftBxanch Cam: 0000068 P.O. 370 Sacramcuta,CA 94232-3700 TI3E CARRIER N ,AAVII�'G MADE WRl _ ` EPARTMENT OF MOT S P ERATE AS ASBURY ENVIRONMENTAL SERVICES A OTO " OF PRO IN 1300 S SANTA FP AVE VEM r MET ATT LOT ESTACIO ACC PAYABLE THE - TE COW TON,C.4 90221 FEES,I G USA CLASS Pint Date. tort51zoo2 Ofbcc 8: 154 Account#: a155a TcchID: MR Corporation 5 eoce#: UWi Ain[Paid 51,975.95 r STATE OF CALIFORNIA CONTROL NUMBER LIC`cNSE NLI I ISSUE DATE EFFECTIVE DATE 'EXPIRATION DATE J DERARTMENT OF CALIFORNIA HIGHWAY-ATP,OL 150AR7 NLn'EEP 36459 2/10,'2003 — 2,29/2004 HAZARDOUS MATERIALS T'eN = Duplicate Replacement TRANSPORTATION LICENSE CA 68 Initial ice' Renewal CHIP 360H(REV. 1/00)GPI 062 PROPERTY OF THE CALIFORNIA HIGHWAY PATROL(CHP) Tr a enginal wand license must se kept if the licensee's place of business as indicated on the license and a LICENSEE NAME AND PHYSICAL ADDRESS (only if different from below) legible copy must be carried in any vehicle or Combination;ransporting hazardous materials and mus me presented ro any CH officer upon request.This license is NON-TRANSFERABLE and most be surrendered to the CHIP upon demand or as required by law. A majority chance in ownership or control of ASBURY ENVIRONMENTAL SERVICES the licensed activity shall require a new license This license may be renewed by submitting an application and appropriate fee to the CHP.Persons whose licenses have expired or are otherwise no longer valid 1 must Immediately cease Ina activity requiring a license. THERE IS NO GRACE PERIOD. For licensing 2100 N.ALAMEDA STREET Information contact CHIP,Commercial Vehicle Section at(915) 327-331 D, COMPTON CA 90222 ' This career is on the special routing/safe stopping place mailing lists as indicated below. LICENSEE NAME AND MAILING ADDRESS ' ❑ (HMX) Explosives subject to Division 14,California Vehicle Code(CVC) ASBURY ENVIRONMENTAL SERVICES J (HMPIH) Poison Inhalation Hazard materials in bulk packagings subjectto Division 14.3,CVC. 1300 SO.SANTA FE i ❑ (HRCQ)Highway Route Controlled Quanity radioactive materials Subject he Division COMPTON CA 90221 14.5,CVC. Any person who dumps,spills or causes the release of hazardous materials or hazardous waste upon any highway shall immediately notify the CHIP or the agency having Jurisdiction for that highway,The minimum ATTENTION: LOY ESTACIO ' Inc for failure to make the appropriate hallfcatlon is 5 2.000 00 (CVC Section 23112.5) 4 DEPARTMENT OF HEALTH SERVICES MEDICAL WASTE MANAGEMENT PROGRAM P.C.60X 942732 rw SACRAMENTO,CA 942347320 (916)327-6904/Fax:323-9869 MEDICAL WASTE TRANSPORTER VERIFICATION AND CONDITIONS This is to advise you that the Department of health Services, Medical Waste Management Program, has accepted your request for listing as a medical waste transporter. You are required to maintain your registration as a hazardous waste transporter in order to remain listed as.a medical waste transporter. Hazardous Waste Transporter Registration Number: 0015 Company name/address/phone: Asbury Environmental Services 1300 S. Santa Fe Ave. Compton, CA 90221 310.886.3400 Contact Person: Ms. Jessie Cortes You are subject to all applicable previsions of the Medical Waste Management Act, Division 104, Part 14, Chapter 6, of the California Health and Safety Code and the conditions set forth on the following page. If you have any questions, please contact us at (916) 327-6904. 'A-I arice, Eey, Chief Wast¢ M agement Section Date U.S. Departmant of Transportation ,,,,r^ U,dl Federal Motor 400 Seventh St.. S.W. Carrier Safety Washmg:on, O.C. 20690 Administration APR I L 04, 2001 IN REPLY REFER TO: YOUR USDOT NO.: 193134 REVIEW NO.: 00237293/CR ASBURY ENVIRONMENTAL SERVICES ADVANCED ENVIRONMENTAL IN 2100 ALAMEDA STREET COMPTON CA 90222-2801 Dear Motor Carrier: The motor carrier safety rating for your company Is: SATISFACTORY This SATISFACTORY rating is the result of an onsite compliance review and evaluation of your safety fitness completed on MARCH 28, 2001 . A SATISFACTORY rating indicates that your company has adequate safety management controls in place to effect substantial compliance with the Federal Motor Carrier Safety and/or Hazardous Materials Regulations. Please assure yourself that any zpacific deficiencies Tdentifled In the review report have been corrected. We appreciate your efforts toward promoting motor carrier safety throughout your company. If you have questions or require further information, please contact the safety specialist who conducted the review. E /� J"� Stephen E. Barber Acting Director, Office of Enforcement and Compliance Nov 29 01 05: 04p Human Resources DePL 3108865017 P. 1 STATE OF CALIFORNIA—ENVIRONMENTAL PROTECTION AGENCY PETS N7LSON Cwlarnor DEPARTMENT OF TOXIC SUBSTANCES CONTROL - 400 P Siney 4eh Floor P.O.Box am + , Secnmenm,CA 96812.OSM SPA f 0-4LeLKP T-iO3k Date: ry/44eA original issue Date: J 3 /9F� �6 1-UI Cfil//�rlYLrmE�c { U�ir� (location address) PERIIANENT RECORD DO NOT DESTROY CALIFORNIA MDR IDENTIFICATION BTTASHBR This is to acknowledge that a permanent California Environmental Protection Agency Identification (EPA ID) Number has been assigned ' to your place of business. (Please note EPA ID Number above the mailing address. ) AN EPA ID NUMBER ►S ASSIGNED TO A PERSON OR BUSINESS AT A SPECIFIC SITE. IT Is ONLY VALID FOR THE LOCATION AND PERSON OR BUSINESS TO WHICH IT w91 ASGICAIM). IF TIA1R BUSINESS HAS MULTIPLE GENERATION SITES, Eim sITE wJ T RAVE A NUMBER. IF YOU STOP HANDLING HAZARDOUS BASTE, CHANGE THE TYPE OR AMOUNT OF WASTE YOU HANDLE, HOVE YOUR BUSINESS, OR CHANGE OWNERSHIP TM WIT ROTIFT THE DEPARTMENT OF Toxic SUBSTANCES CONTROL IMMEDIATELY. A NEW WADER IRN5T HE OBTAINED FOR YOUR NEW LOCATION IF YOU CONTINUE To PRODUCE RAZARDOUS WASTE. This EPA !I) Number must he used for all manifesting, record keeping, and reporting requirements. Please retain this notice in your files. Department of Toxic substances Control Hazardous Waste Hanagement Program Generator Information Services Unit Telephone . ( 916 ) 324 - 178, 1 .California only Toll-free Number: (8DD) 616-69a2 , Operator's Initialss� 'Lot EPA AC OF HAZARDOUS WASTE ACTIV TYON : This is to acknowledge that you have filed a Notification of Hazardous Waste Activity for the installation located at the address shown in the box below to comoly with Section 3010 of the Resource Conservation and Recovery act(RCRA). Your EPA Identification Number for that installation appears in the box below. The EPA Identification Number must be in- cluded on all shipping manifests for transporting hazardous wastes: on all Annual Reports that generators of hazardous waste, and owners and operators of hazardous waste treatment, storage and disposal facilities must file with EPA: on ail applications for a Federal Hazard- ous W7aste Permit: and other hazardous waste management reports and documents required under Subtitle C of RCRA. EPA I.Q.MUMMER ".=028277036 ASBURY ENVIRONMENTAL SERVICES 2100 N. ALLNEDA STREET COMPTON, CA 90222 INSTALLATION AOORESS 2100 N. %LA*SEDA STREET COMPTON, CA 90222 EPA Form 0700.77A 14-a01 DATE WIIIIS CERTIFICATE OF LIABILITY INSURANCE , 2 of 3 10/31/2003 PRODUCER 877-559-6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11201 N. Tatum Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Phoenix, AS 85028 INSURERS AFFORDING COVERAGE INSURED Asbury Environmental Services INSURERA. American Home Assurance Company 19380-001 2100 North Alameda Street INSURERB National Union Fire Insurance Co. of Pitt 19445-001 Compton, CA 90222 INSURERC.American International Specialty Lines In 26883-002 INSURER D NSURERE: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Additional Insureds with respect to Contractors' Pollution/E&O include: World Oil Corp. DeMenno Kerdoon D/K Envirorunental Coll:848405 Tp1:214814 Cert:3568556 DATE ACORD,n, CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 10/31/2003 PRODUCER 877-559-6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11201 N. Tatum Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Phoenix, AS 85028 INSURERS AFFORDING COVERAGE INSURED Asbury Environmental Services INSURERA. American Home Assurance Company 19380-001 2100 North Alameda Street INSURERS National Union Fire Insurance Co. of Pitt 19445-001 Compton, CA 90222 INSURERC American International Specialty Lines In 26883-002 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 HAVE BEEN REDUCED BY PAID CLAIMS. IRISH POLICY EFFECTIVE POLICY EXPIRATION LYE TYPE OFINSURANCE POLICY NUMBER GATE MM/DD/YV ATE MM/DO V LIMITS A GENERAL LIABILITY 3602066 10/31/2003 10/31/2004 EACHOCCURRENCE $ 900,000 X COMMERCIAL GENERAL LIABILITY FIREDAMAGE(Anycnehre) $ - CLAIMS MADE OCCUR MED EXP(Anyone person) - $- - PERSONAL&ADVINJURY $ 900,000 GENERALAGGREGATE $ 11900,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ 1 900 000 X POLICY PRO ECT LUC A AUTOMOBILE LIABILITY 7204152 10/31/2003 10/31/2004 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea acadcnt) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peraccdent) X All Commerical Autos PROPERTY DAMAGE (Peraoadcm) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY BE2988057 10/31/2003 10/31/2004 EACH OCCURRENCE $ 5 000 000 X I OCCUR CLAIMSMADE AGGREGATE $ 5 000 000 DEDUCTIBLE $ X RETENTION $ 10,00( S WORKERS COMPENSATION AND WC BTATU- OTH- EMPLOYERS'LIABILITY T RY LIMITS ER E L EACH ACCIDENT $ EL DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ C OTHER 4761222 1/1/2003 l/l/2004 Contractors Pollution $5,000,000 Each Loss and E & O Liability $5,000,000 Aggregate 25 000 Deductible - CPL & E&O DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENUORSEMENT/SPECIAL PROVISIONS General Liability Policy Limits are excess of $ 100,000 Self Insured Retention each Accident Certificate Holder is named as Additional Insured as for General Liability and Auto Liability coverages only, if Additional Insured is required by written contract. Note: Umbrella policy is excess of General Liability and Auto Liability only, it is not excess of Contractors Pollution Liability. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Palm Springs IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3200 Tahquitz Canyon Way P.O. Box 2473 REPRESENTATIVES. Attn: Craig Ladder/Procurement & Contracting AUTHORIZED REPRESENTATIVE Palm Springs, CA 92262 ACORD 25-S(7/97) Coll:848405 Tp1:214814 Cer :35685 6 ©ACORD CORPORATION 1988 DATE ACORD,N CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 10/31/2003 PRODUCER 877-559-6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11201 N. Tatum Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Phoenix, AZ 85028 INSURERS AFFORDING COVERAGE INSURED Asbury Environmental Services INSURERA American Home Assurance Company 19380-001 2100 North Alameda Street Compton, CA 90222 INSURERB National Union Fire Insurance Co, of Pitt 19445-001 INSURER C. 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 HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPEOFINSURANCE POLICY NUMBER DATE MM/DDNY DATE(MI LIMITS A GENERAL LIABILITY 3602066 10/31/2003 10/31/2004 EACHOCCURRENCE $ 900,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fire) $ - --- — -CLAIMSMADE FX1 OCCUR- -- -- - - -- - -- - -- MED EXP(Anyone person) $ -- PERSONAL&ADV INJURY $ 900,000 GENERAL AGGREGATE $ 1,900,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMRADE AGE $ 1 900,000 X POLICY 7 PRO- JECT OC A AUTOMOBILE LIABILITY 7204152 10/31/2003 10/31/2004 COMBINED SINGLE LIMIT $ 11000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Peracmdenl) $ X All Commerical Autos PROPERTYDAMAGE $ (Peracaden[) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EAACC $ OTHER THAN AUTOONLY AGG S B EXCESS LIABILITY BE2988057 10/31/2003 10/31/2004 EACHOCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 1 000 000 JDEDUCTIBLE X RETENTION $ 10,00( $ WORKERS COMPENSATION AND WC STATUS OTH- EMPLOYERS'LIABILITY TORVLIMITS ER EL EACH ACCIDENT $ EL DISEASE-EA EMPLOYEE $ EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability Policy Limits are excess of $ 100,000 Self Insured Retention each Accident Certificate Holder is named as Additional Insured if Additional insured endorsement is required by contract. CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Palm Springs IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3200 E. Tahquitz Canyon Way P.O. Box 2473 REPRESENTATIVES. Attn: Procurement and Contracting AUTHORIZED REPRESENTATIVE Palm Springs, CA 92663 ACORD 25-S(7/97) Coll:848405 Tpl:214784 Cer :35687 4 ©ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7/97) Co11:848405 Tp1:214784 Cert:3568774 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7/97) Co11:848405 Tp1:214814 Cert:3568556