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HomeMy WebLinkAboutCoast Waste Management; 1980-09-16;. _ - (;EtiER-AL , . . . POWER0F ‘#- I I . . APORNEY ’ FIREMAN'SFUNDINSURANCECOMPANY ,’ * KNOW ALL MEN HY THESE PRESENTS: That FIREMAN’S FUND INSIJRANCE COMPANY. a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City and County of San Francisco. in said State. has made. constituted and appointed. and does hy these presents make. constitute and appoint JAMES A. LEWIS and JULIA R. PARSONS jointly or severally its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead. to execute, seal. acknowledge and deliver any and all bonds. undertakings. recognizances or other written obligations in the nature thereof -----------_-------------- and to bind the Corporation therehy as fully and to the Yame extent as if such honds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 31 crf By-laws of FIREMAN’S FUND INSURANCE COMPANY now in full force and effect. Arlnclc VIII. 4pp4,lrrwrlr und Authcwirv ttf Hv~duttr A~wrr~~,~r ,Se rdurw~ ud Arl~muwtr Fcrc I md Apet~l~ 1~8 ~1, c ep1 Lcgvl f’nlc ei\ rrrvd Muhc Appwnr~~~r~ Scclion III A~~JM~I~II~w,I~. lhc <‘hntrmnn of the Hoard of Dtrcct~~r\. the Preudenl. an\ Vtcc Prr\tdenl or any anther prawn aulhorized by ihc Hoard of Dwccwr~. the Chairman of the Board of l~wclor~. the Prevdcnl or any Vloe-Prevdent. may. from INTIC’ 10 t~tnc. appwnl Hewdcnl Ani\l.+nl Sccrcl.~rwr and Altorncy~n-Fact IO represent and acl for and on hehalf of the Corporation and Agents 10 i~cepl legal procew and make appearawx for nnd on hrhalf of Ihe Corpor;~l~on Scclwn II Aurhtwrv Ihc Aulhorw of \uch Rc\ldent A\,,rlant Secrrlar,e\. Alt<,rncy\-u-Fact and A~rnls \hall he .t\ prwrahed 11, the ,n\,rutnenf cwdencmg IheIr apf~,m!menl. and any wch .tppummcnt and all aarhwly granted thereby may he rcbokvd a! nny mm? h) the Howd of !31recwr~ or hy anv pcrum empowered to make wrh .gwuntmem ” This power of attorney is signed and sealed under and hy the authority of the following Resolution adopted by the Board of Directors of FIREMAN’S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July, 1966. and said Resolution has not been amended or repealed: “RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Kesident Assistant Secretary of this Corporation. and the seal of this Corporation may he affixed or printed on any power of attorney, on any revocation of any power of attorney. or on any certificate relating thereto, by facsimile, and any power of attorney. any revocation of any power of attorney. or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.” IN WITNESS WHEREOF, FIREMAN’S FUND INSURANCE COMPANY has caused these presents to he Ggned hy its Vice-President. and its corporate seal to he hereunto affixed this llaay of 3ulvL-. 1978. FIREMAN‘S FUND INSURANCECOMPANY Vzcc-PreGdrnt STATE OF CALIFORNIA. ss. CITY AND COUNTY OF SAN FRANCIS<‘0 On thismay of_.- -----3- 1978-. before me personally came William W. Lauber to me known, who. heing hy me duly sworn.%d%$~nd-~@ that he is Vice-President of FIREMAN’S FUND INSURANCE COMPANY. Corporation described in and which executed the above instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto hy like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day .tnd year herein first above written fIIIlIIIIIIIIIIIIrIIIIIIIIIuIlI~IIIIIIIIB~IIIIIIIIIIIIII~ - - OFFICIAL SEAL _ 1 /a\ SUSIE K. GILBERT t NOTARY PURUC - CAUKIRNIA g - Notary Puhhc b Commhsion bpirts Nov. 17, I980 SlIIIIIIIlIIwIIIIHIIInmI-DIw CERTIFICATE STATE OF CALIFORNIA. CITY AND COUNTY OF SAN FRANCISCO ) w. I. the undersigned. Assistant Secretary of F’IKEMAN‘S FUND INSIJKANCE COMPANY. a CAI,IFORNIA Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not heen revoked. and furthermore that Article VIII. Sections 30 and 31 of the By-laws of the Corporation. and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now in force. 25+- Signed and sealed at the (‘ity and County of San Francisco. Dated the ---day of . - &LsL+. bob A\s,stanl Secrelary 360711 (HO)-FF-3-76 .: I f ..I ‘, ^ ..,f .,$ ‘, :..’ '. . . &)T 2 ) 197g.~.~;,;..~ ;I;,:: ; . . :-, ., :. . ,. , _: !! (I: ,' .* 'ti ;, I; ; 3, .’ ..i. John H. LwfzJnatl,,.. 1 Chwberal t4m&pe '$ CQAST WASTE ~~~~, XNC. Pwat: OffEicsr'.lbox 949 Carlabard, CA 9200& ‘. :’ , ‘, : A review of paur B.le reflscta that we do mt have on ffla Certificates of fra;swance evidenckirg curratik cavera~e a3 raqtirad by'the ~&xrttsment wfith the CSty of Carlsbad. Kindly furnfsh charts at your earXA.eIst spportunity. Thank you. Atl#XTA M&.X MUBBW,, Dapty city Clafk ecs lL&wie tbmzmmcrla P. 0. Bbx SQ7‘ rnlarsi tJA 93274 AGREEMENT FOR PRbVIDING REFUSE COLLECTION SERVICES -I_ This agreement entered into this /d-@ day of - 1980 by and between the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as "Carlsbad" and Coast Waste Management, Incorporated, a California corporation, hereinafter referred to as "Collector". WITNESSETH: WHEREAS, Carlsbad is responsible for the provision of refuse collec- tion services to promote the safety, health and general welfare of its citizens and, WHEREAS, Car and, lsbad may contract for such refuse collection serv ices WHEREAS, Collector is in the business of collecting and disposing of refuse and is now and can continue to provide the necessary refuse collection services to the citizens of Carlsbad and, WHEREAS, Carlsbad wishes to contract with Collector for such services, THE PARTIES hereto do mutually covenant and agree as follows: 1. COLLECTOR as an independent contractor and not an employee or agent of CARLSBAD, shall furnish all labor, equipment and materials for and shall make available to all persons residing or doing business at a loca- tion within the city limits of CITY, as it presently exists or as it exists in the future (customers), the service of collection and disposal of refuse (service), subject to the terms and conditions of this agreement. 2. TERM: The term of this agreement shall commence on September 1, 1980 and shall continue for a term of five'(5) years to August 31, 1985. The agreement is automatically renewable thereafter, year to year, subject to the right of either party to terminate for any reason on the anniversary I-- - 2 - date, upon ninety (90) days written notice preceding that date. Collector expressly waives any and all rights under Section 4272 of the Health and Safety Code and agrees that the term will be governed solely by this agreement. 3. BILLINGS: Carlsbad shall handle all of the billings and normal collections through its present billing system for water or sewer customers regularly billed by Carlsbad. Billing shall be coordinated with the billing system at such frequency for billing established by Carlsbad for the collection of water and sewer charges. Provided, however, that Carlsbad shall have the right to refuse to handle billings and collections with respect to any accounts which, in the opinion of Carlsbad, would be difficult or inconvenient to handle through its system. Collections for . past due accounts for refuse services shall be the COLLECTOR's responsi- bility although Carlsbad may forward the same for collection along with its forwarding of accounts past due for water and sewer charges. Carlsbad's records and books concerning said billings shall be open to inspection by COLLECTOR and may provide copies at COLLECTOR'S expense. COLLECTOR shall handle his own billings, collections and payments due him from customers not billed by Carlsbad. Carlsbad shall not be responsible to the COLLECTOR for monies due him or for the collection thereof in any way as to such accounts. 4. RATES: COLLECTOR agrees to accept from customers as full compensation for the complete collection and disposal of refuse, the rates stated in Resolution No. 6302 , adopted by the City Council on the 16th day of September, 1980 on file with the City Clerk and incorporated herein by reference. COLLECTOR will not request a change in such rates prior to September 1981. CARLSBAD recognizes that rates are related in part to the cost of doing business, including the fees for disposal set by the County of San Diego, the cost of fuel, maintenance, salaries and -3- - 'insurance. An indt.. based on changes to these cost ,lements will be developed by CARLSBAD by March 30, 1981. The base for the index will be the costs as of September 1, 1980. Said index to be subject to City Council approval. An overall change of 7% in the index will allow COLLECTOR to request rate changes. The City Council shall have discre- tion in approving or disapproving such requests but will consider changes in the index and prevailing rates in other cities in San Diego County in arriving at their decision. In the event CARLSBAD unreasonably refuses a rate increase requested by COLLECTOR, COLLECTOR may terminate this agree- ment upon six (6) months written notice. 5. SERVICE FEE: COLLECTOR agrees to pay CITY a sum of money equal to 2% of total gross receipts from fees collected from customers (both residential and commercial) in the CITY, commencing on October 1, 1981. Such fee to reimburse CITY for the costs associated with collection of bills for COLLECTOR, inspection and supervision of COLLECTOR'S performance and customer service. Such fees to be paid to CITY on a quarterly basis in January, April, July and October. 6. QUARTERLY REPORT REQUIREMENT: COLLECTOR will forward to the City Manager a report on a quarterly basis in January, April, July and October which will include the following information concerning the previous three months activities: A. Number of complaints with summary information as to type of complaint; i.e., missed.pickup, quality of service, etc. B. Average number of customers served per month categorized as to residential and commercial. C. Average gross receipts per month, categorized as residential and commercial. D. Any significant problems or anticipated future problems relating to refuse collection in the CITY. I ! 1 , t I ! I [ I ! I ’ I I”.. c . .I . . ,a- . -4- ,; I . . 7.. FREQUENCY OF COLLECTION: COLLECTOR shall collect refuse and garbage once per week from each residential unit in accordance with a schedule of collection subject to approval by the City Manager. Frequency of commercial collection shall be as agreed upon by COLLECTOR and customers. 8. HOURS OF COLLECTION: COLLECTOR shall make collections in resi- dential areas between the hours.of 7:00 A.M. and dark. 9. HOLIDAYS: The following listed holidays are designated for purposes of this agreement: Neti Year's Day Memorial Day Labor Day Thanksgiving Independence Day Christmas Day (Customers scheduled for collectiqn on a holiday shall be serviced on the following day and the balance of the schedule shall be adjusted accordingly). 10." ORDINANCES & RESOLUTIONS: This' agreement is subject to all CITY'S ordinances and resolutions, both present and future, to the extent that they regulate the subject matter of this agreement, said ordinances and resolu- tions shall bind the parties hereto and shall bind each of the parties hereto -and are by this reference incorporated herein.. 11. DUMP LOCATIONS: COLLECTOR shall dispose of all refuse in a sanitary landfill or transfer station which is authorized for disposal of such refuse by the County of San Diego or CITY. 12. WORKMANLIKE PERFORMANCE: COLLECTOR shall perform all of his obligations hereunder in a good workmanlike, sanitary and lawful manner. He shall provide competent, sober and uniformed personnel, efficient and clean equipment and serve the public in a courteous, helpful and impartial manner. All personnel will be required to wear a name tag or number on their exterior clothing. COLLECTOR will remove any employee for cause upon request of CITY. r" / ..’ , ; 1‘. 1 I . I ,.*.. . /. . . -5- 131 COLLECTION EQUIPMENT: The COLLECTOR shall provide an adequate number of vehicles and equipment for regular collection service. Truck bodies wi.11 be all metal and watertight. the COLLECTOR shall paint its name and phone number on the sides of each truck, drop body and bin in letters at least four inches high. Trucks shall be cleaned and washed at least once a week and will be maintained in a clean, sanitary condition at all times. Trucks will be garaged overnight on COLLECTOR'S premises and no on-street overnight parking is authorized. 14. INSURANCE: COLLECTOR shall hold dITY free and harmless from any loss, damage or liability resulting from the performance or non-performance by COLLECTOR, its agents, employees and contractors of his obligation thereunder. During the term hereof, COLLECTOR shall, at his sole expense, maintain in full force and effect, insurance approved by CITY, name CITY as co-insured, in at least the following limits: A. Public Liability - bodily injury to one person . : $ 500,000 I B. Public Liability - bodily injury to more than one person in one accident . . . . . . . . . . . . $l,OOO,OOO C. Property Damage. . . . . . . . . . . . . . . . . . $ 50,000 D. Workman's Compensation as required by law. Such insurance shall be in such form that it is non-cancellable except upon ten (10) days written notice to CITY. COLLECTOR shall furnish CITY with certificates showing such insurance to be in full force and effect at all times during the term hereof. 15. BOOKS & RECORDS: COLLECTOR shall keep true and accurate books and accounts of all business done, money received, accounts payable and cash disbursements by reason of its performance of its obligations here- under. Said books and accounts shall be kept separate from any books or accounts for services and COLLECTOR'S business operations performed out- side the city limits of the CITY. Said books and records and accounts *. . . ‘7 I 5; 9. . . . : : : :.* . . ‘4 . \ . I . -6- shall be open to inspection arid audit by CITY at all times. 16. BUSINESS LICENSE: COLLECTOR shall obtain and pay for a CITY business license. 17. ASSIGNMENT: COLLECTOR shall not assign or sub-contract any of his duties under this agreement without first obtaining approval from the City Council. 18. ADDITIONAL SERVICES TO BE PROVIDED BY COLLECTOR: A. COLLECTOR shall provide to the CITY at no charge, twelve (12) three (3) cubic yard bin containers deli.vered and located at such areas as designated by the City Manager. An additional container will be provided with each incremental increase of.500 residential customers at the request of the City Manager. B. COLLECTOR will provide a maximu,m of four (4) drag-on boxes (40 cu.yd. containers) for the Annual Spring Clean-up in areas designated by the City Manager. Landfill fees will be paid by CITY. Drag-on boxes to be relinquished by CITY to COLLECTOR within seven (7) days of end of Spring Clean-up Week. C. COLLECTOR will provide a maximum of four (4) drag-on.boxes (40 cu.yd. containers) for the Annual Christmas Tree Recycling Program. Landfill fees will be paid by CITY. Drag-on boxes to be relinquished by C1T.Y to COLLECTOR within seven (7) days of the end of the recycling program. L 19. DEFAULT BY COLLECTOR: In the event COLLECTOR fails for any reason whatsoever to perform his obligations heieunder ten (10) days after written notice from CITY of any default, CITY may, at its sole option terminate this agreement and cause COLLECTOR'S obligations here- under to be performed by others. In the event CITY sustains &ny cost or expense by reason of any default by COLLECTOR, or the engaging of others to perform, COLLECTOR shall pay the amount thereof to CITY. -i . I . .I * ‘i. l . *,I ~ ..‘., a.: . , ’ , - ‘.:' -7- . . - * . -. . 20. -_I-_ FAILURE TO COLLECT:' Should the COLLECTOR fail to collect and dispose of refuse set out or placed for collection as herein provided for, . and fail to correct such situation within twenty-four (24) hours after receipt of notice thereof, the CITY may collect and dispose of same and the COLLECTOR shall be liable for the expenses incurred. 21. PERFORMANCE BOND: COLLECTOR shall secure a surety bond in the penal sum of $lO,OOO.OO conditioned upon the faithful performance of this . agreement, which bond shall be delivered to CITY and be kept in full force at all times by COLLECTOR. 22. CUSTOMER RELATIONS-MAINTENANCE OF LOG: COLLECTOR shall maintain at all times a written log in which shall be recorded all communications including complaints from customers. The log shall be made available to the City Manager on request, together with a record of all written .communications received by COLLECTOR. 23. HARDSHIP CASES: CITY reserves the power, by appropriate ordinance or resolution, together with administrative regulations, to pro- vide for the omission of refuse and garbage collection services to certain customers in hardship situations. CITY shall have sole authority to determine what circumstances constitute hardship. , 24. EXCLUSIVENESS OF AGREEMENT: So long as COLLECTOR is in full force and effect, CITY shall not enter into any agreement with any person allowing said person to perform any of COLLECTOR'S obligations hereunder, provided however, that tree trimmers, gardeners, contractors, sub- contractors, and other persons operating a separate business, shall be entitled to dispose of the grass clippings, prunings, and discarded con- struction material, etc., which they generate in their separate businesses. 25. STRIKES: In the event COLLECTOR is prevented from performing his service or interrupted in the performance of his service by reason of any strike or other.labor action, CITY shall be entitled at no cost to . . . CITY to the use of COLLECTOR'S trucks and equipment previously used in CITY for the purpose of providing citizens of CITY refuse collection during the continuance of said strike. COLLECTOR shall pay to CITY a pro rata share of the fees collected for any period during which CITY provides such service. 26. NOTICES: All notices hereunder shall conclusively be deemed received twenty-four (24) hours after their deposit in the United States mail, postage prepaid, addressed to CITY at 1200 Elm Avenue, Carlsbad, California 92008, and to COLLECTOR at 7204 Ponto Drive, Carlsbad, California 92008. 27. ARBITRATION: Any controversy between the parties hereto involving.the construction or application of any of the terms, covenants, or conditions of this agreement, shall on written request of one.party served on the other be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. The parties shall each appoint one person to hear and determine the dispute and if they shall be unable to agree, then the two persons SO chosen shall selecta third impartial arbitrator whose decision shall be final and conclusive upon both parties hereto. Jhe cost of such arbitration shall be borne by the losing party or in such proportions as the arbitrator shall decide. 28. ATTORNEY 'FEES: In the event of legal action or arbitration to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses. 29. RELOCATION: COLLECTOR expressly agrees to comply with the terms .of CUP 171 (Resolution No. 1606) and to vacate his current location and il - -9- . I. , rel@catE his facilities to a site acceptable to CARLSBAD, such relocation to be complete by March 12, 1985. . COAST blASJE MANAGEMEN COAST blASJE MANAGEMEN B B By: Secretary RESOLUTION NO. -6303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR THE REMOVAL OF SOLID WASTE _ .-- WHEHEAS, the City Council of City of Carlsbad, does hereby . resolve as follows: 1. That an agreement between the City of Carlsbad and Coast Waste Management for services relative to the collection of solid waste, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorizcd and directed 'to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council held on the 16th day of September , 1980, by the following vote, to wit: AYES: Council Members Packard, Casler, Lewis and Kulchin NOES: Council Member Anear ABSENT: None JZ!~Q,-l ' RONALD C. PACKARD, Mayor ATTEST: u (SEAL) -l- 3 LEWIS INSURANCE P.0. BOX 1378 TULARE, CA. 93275 COMPANIES AFFORDING COVERAGES COMPANY t ETER A GREAT AMERICAN ,INSURANCE COMPNlJ :;y$y B-NORTH EASTERN FIRE CO. OF PENN. NAME AND ADDRESS oF ,NS”RED COAST WASTE MANAGEMENT, INC. 7204 'PONTO DRIVE CARLSBAD, CA. 92008 COMPANY LETTER c CONTINENTAL INSURANCE COMPANY COMPANY LEITEA D This is to certify that policies of insurance lister COMPANY LETTER E d below have been issued to the insured named above andare in force at this time. Notwithstanding any requirement, term or condition !ct to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the :lusions and conditions of such p TYPE OF INSURANCE GENERAL LIABILITY Id COMPREHENSIVE FORM El PREMISES-OPERATIONS EXPLOSION AND COLLAPSE 0 HAZARD UNDERGROUND HAZARD Ei PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE B BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY AUTOMOBILE LIABILITY COMPREHENSIVE FORM E . OWNED L3 HIRED C3 NON-OWNED EXCESS LIABILITY E UMBRELLA FORM OTHERTHAN UMBRELLA FORM WORKERS’COMPENSATION and EMPLOYERS’ LIABILITY OTHER ties. POLICY NUMBER BP 268 2436 BP 357 3029 cxS66ul1287 WC 101-9512 POLICY EXPIRATION DATE 5-l-82 5-l-82 5-l-82 5-l-82 Limits of Liabil BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED iq y in Thousan EACH OCCURRENCE 500, 5 5 PERSONAL INJURY BODILY INJURY [EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY ds (000) AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONSNEHlCLES ALL OPERATIONS STAT OF CALIFORNIA Cancellation: Should any of the above describ pany will endeavor to mail - mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER CITY OF CARLSBAD CITY CLERK CITY HALL CARLSBAD, CA. 92008 APRIL 30, 1981 DATE ISSUED: " LEWIS INSURANCE - , = _ . bl 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REVISING THE REFUSE COLLECTION RATES FOR THE CITY OF CARLSBAD. WHEREAS, the City of Carlsbad has contracted with Coast Waste Management, Inc. for refuse collection services within the City; and WHEREAS, the City adopted Resolution No. 6303 setting refuse collection requirements and establishing rates for said services; and WHEREAS, said contract provides that the City will meet and renegotiate rates as requested by the collector; and WHEREAS, after said negotiations the parties to said contract have agreed that certain changes in the refuse collection rates are necessary; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: , . f' 1. That the above- recitations are true and correct. 2. That the rate for once-a-week collection of residential refuse shall be a monthly charge of $5.88. 3. The rates for once-a-week on premise collection of residential refuse is a monthly charge of $7.55 per month. 4. The monthly rates to be charged for commercial collections shall be as follows: xx xx xx xx xx xx xx xx .I ( a . . ; ’ . . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 NUMBER OF PICKUPS PER WEEK No. of Bins 1 2 3 4 33.08 53.16 73.24 66.16 106.32 146.48 99.24 159.48 219.72 132.32 212.64 292.96 165.40 265.80 366.20 198.42 318.96 439.44 372.12 512.68 585.92 93.32 186.64 279.96 373.28 466.60 559.92 653.24 746.56 839.88 COMMERCIAL CAN STOPS 1 X Week $ l!.lO/month 2 X Week $ ZZ.ZO/month 5 113.40 266.80 340.20 453.60 567.00 680.40 793.80 907.20 1020.60 1134.00 6 133.48 266.96 400.44 533.92 667.40 800.88 934.36 1067.84 1201.32 1334.80 1468.28 ,. /i ’ / APARTMENTS AND CONDOMINIUMS No. of Units ;:; 6 or mQre $ 5;88/month per unit $ 5.47/month per unit $ .5,29/month per unit 5. That the following rates shall ppply to special pickups of refuse: (a) Drag-on box service shall be charged at the rate of $25.00 delivery charge per box. The following dump charges apply to the following classes of drag-on boxes: A. (19 cu. yds. or less) B. (20-29 cu. yds.) ;; ;xf; C. (3.0-39 cu. yds.) $134:42 D. (40-49 cu. yds.) $148.70 Demurrage charges on drag-on boxes shall be $3.00 per day in the xx xx xx -2- . / event the drag-on box is not dumped a minimum of one time a week. (b) Special pick-ups of items such as water heaters, washers, dryers, etc. shall be individually negotiated at a reasonable rate between collector and customer. Before any pickup of such items is made, customer shall be notified of charges. (c) Rates for service at Plaza Camino Real will be negotiated by collector and shop owner on an individual basis but will not be adjusted at any time by more than the average percentage adjustment authorized by Council. 6. That all rates established hereby shall be effective September 1, 1981. 7. The rates and charges establi,shed by this resolution shall on their effective day supersede the rates established by Resolution No. 6302. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of i" the City of Carlsbad, California, held on the 22nd day of Seote&er 1981, and by the following vote, to wit: , AYES: Council. Men-hers Packard, Casler, &ear, Lewis and Kulchin NOES: None ABSENT: None . ATTEST: (SEAL) -3- - NOTICE OF CANCELLATION OF INSURANCE POLICY Compony The Continental Insurance Company PolicyNo. Bnd 200 01 84 Place of Mailing Sacramento, California Date January 25, 1982 Toke notice thot the Cdmpony does hereby cancel the Garbage Collection & Transportation policy* designated above in its entirety, as to all interests insured, in accordance with the terms and conditions of the policy. *The word “bond” shall be substituted for “policy” when applicable. J5rimEmNWE Obligee r city of Carlsbad 1 Department of Public Works L Carlsbad, California 92008 -I m Cancellation at Company Request. q IC ancellotion for non-payment of premium. The premium $ . Please remit. If the amount of will be notified later as to amount due. Sixty (60) days after receipt of Said cancellation to be effective this notice at 12:01 o’clock AM ~- standord time at the address stated in the policy, unless surren- der thereof to us for cancellation be sooner made, at which time said policy shall cease and terminote. If the premium for this policy has been paid, the excess of paid premium above the pro rata premium for the expired time, if not tendered herewith, will be refunded OS soon OS proctlcoble. Premium odjustment will be preceded by oudit, if necessary. If thus policy is in your possession, please return it to the Company. i earned to the time of cancellation is e , t earned premium is not indicated you v ames E, Reuter, Attorney PAC LIAB 2862J FOR INSURED PUINTED IN U 5 A . 6 .-* *- - . ’ . I , KlWWALLMEN BYTHESEPRESEM'S THATWE, coAsT1WXJZMANAGEWENT. INC. -' and FIR!MAN'SFUNDINSURANCECCklPANY 9 a corporation authorized to transact general surety business in the State of California, as Surety, are held and firmly bound unto the Department of Public Fforks, City of Carlsbad, California, in thepenalsunof TEN~CDSANDDoL;LARs AND No/100 -------------------------------~ $lO,OOO~OO9&) for the payment of &ch will and truly to be made wz bind ourselves, our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has applied to the Director of Public Works, City of Carlsbad, California, for a permit to collect or transport garbage or rubbish and tenders this bond to comply with the provisions of Section of Ordinance No 6045 & 6046. WW, WORE, if the above b-den Principal shall well and truly caxply with Ordinance No. 6045 & 6046 then this bond shall be null and void, otherwise to remain in full force and effect. PROVIDED, HCKJEVER, that the Surety herein shall have the right to withdraw as Surety fran this bond and may do so by giving the said Principal and the Department of Public Works of the City of Carl&ad Sixty (60) days written notice to that effect, and at the end-of said sixty days period of notice the liability of the Surety, except as to any liabilities or indebtedness already incurred or accrued, shallcease, and said bond shall thereupon terminate and be of no more force and effect. IT IS FURTHER PJUVIDED, that the aggregate liability of the Surety hereunder shall not exceed the penal sum of this bond. IN WITNESS WHEREOF, the Principal and Surety have hereto set their signatures this 29th @'Of Januarv 1 19 82 . BOND NO 6368645 PEuMIM:i&~ cOASTK!ASTE MANMmmn, INC. FIREMAN'SFUNDINSWWECCM'ANY gYm.-J&&..qg& c ,./I / /' STATE OF CMIFORNI~ T &/L4+25 ss. COUNTY OF ON siGmT7QY /gJ c7 7e-c ) 192 before me, the undersigned, a Notary Public in and for said State, personally appeared -J--iiCi/Q p #Q& c. A?sc?ilJ5 , known to me to be the /f++&/l/J& q-- ,;ci - ** of the fiR’E/r> 4/r/‘.S /=zf/UdJ =?=zL&JK~& C’L .L!& the Corporation that executed the within instrument, known to me to be the person who fukre C:jc~nty, i;. ,+n!a executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged r.!y f;G::‘l. Exp. ?bu 5, I%?!? to me that such Corporation executed the same. WITNESS my hand and o AC~WOW~EDCYENT-C~~~~~~W-WO~CO~~~ Fm m. M1 I. 4 * ‘ = r- . - * COAST WASTE MANAGEMENTJNC. I I PHONE: 753-9412 or 452-9810 7204 PONTO DRIVE, P.O. BOX 947, CARLSBAD, CALIFORNIA 92008 McDOUGAL SANITATION DEL MAR DISPOSAL CO. CARLSBAD DISPOSAL CO. RANCH0 SANTA FE DISPOSAL CO. SOLANA BEACH DISPOSAL CO. SORRENTO VALLEY DISPOSAL CO. February 3, 1982 City of Carl&ad Department of Public Works Carl&ad, CA 92008 RE: Transportation Bond - #6368645 - Fireman's Fund Insurance Company Dear Sirs: Enclosed please find the replaceBent bond for the above service as provided by Coast Waste Management. The previous bond, #ZOO 01 84 with Continental Insurance Company, has been cancelled and should now be discarded effective Jamazy 29, 1982. Should you have any questions, please contact me at your convenience. Thank you, Sinoerely , HargakA.Bierd Office Manager A SAT!SFIED CUSTOMER IS OUR FIRST CONSIDERATION I COMPANIES AFFORDING COVERAGES LEWIS INSURANCE P.0. BOX 1378 ‘1’1JI,ARE, CA 93274 -NAME AND ADDRESS OF INSUREDCOAS,~ p,j~sry~, mN&GEmNT, INC. l0lJ~;AL SAtjITATION CO., INC., VAN ORT ENTER- ,; I :;w , SORRENTO VALLEY DISPOSAL, RANCHER0 !:'I'A 1;'1:, DISPOSAL, COAST WASTE MANAGEMENT, i:i,:;l~Ai> DISPOSAL, SOLANA BEACH DISPOSAL, DEL NORTH COUNTY DISPOSAL, INC. COMPANY I! I) I SPOS~2L, LETTER E have been issued to the insured named above and are in force at this time. Notwithstandiw any requirement, term or condition contraci or other document with respc terms, exclusions and conditions of such poll A . 8 COMPREHENSIVE FORM PREMISES-OPERATIONS EXPLOSION AND COLLAPSE 0 HAZARD UNDERGROUND HAZARD ii! PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE E BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS El PERSONAL INJkJRY I AUTOMOBILE LIABILITY A A 1 COMPREHENSIVE FORM COMPREHENSIVE FORM OWNED OWNED HIRED HIRED NON-OWNED NON-OWNED EXCESS LIABILITY EXCESS LIABILITY UMBRELLA FORM UMBRELLA FORM B B B B OTHERTHAN UMBRELLA OTHERTHAN UMBRELLA FORM FORM WORKERS’ COMPENSATlOh WORKERS’COMPENSATION A A and and EMPLOYERS’ LIABILITY EMPLOYERS’ LIABILITY ret to which this certificate may be issued or may pertain, the insurance afforded by the policies &&bed herein is subject to all the cues q POLICY NUMBER BP 268 2436 BA 377 4819 UXL 06102 3 46 98 74 LES 5-l-83 / PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED lity in Thousands (000) AGGREGATE PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY S-l-83 (EACH ACCIDENT) ” PROPERTY DAMAGE B I BODILY INJURY AND PROPERTY DAMAGE ,1,000,0 COMBINED I BODILY INJURY AND 5- 1-83 PROPERTY DAMAGE COMBINED ALL OPERATIONS - STATE OF CALIFORNIA Cancellation: Should any of the above desc$$ed policies be cancelled before the expiration date thereof, the i;suing com- pany will endeavor to mail - days written notice to the below named certificate holder. but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER- 5-14~82 CITY OF CARLSBAD DATE ISSUED: CITY CLERK CITY HALL CARLSBAD, CA 92008 J James A. Lewis VL I/ I- THORIZED RE&ESENTATIVE ’ ACORD 25 (l-79) LEWIS. INSURANCE P.O. BOX 1.378 1'IJI,RIII~, CA 9 3275 COMPANIES AFFORDING C~~~~A~~~ COMPANY A AETNA LIFE & CASUALTY LE rTER NAME AND ADDRESS OF INSURED COAST WASTb; m=ll INS '1 .I , MC DOIJGAL, SANITATION CO., INC., VAN OR'I' EN'l'Efi PRISES, S&RENT0 VAI,LEY DISPOSAL, RANCHER0 COMPANY LETTER C SANTA FE DISPOSAL, COAST WASTE MANAGEMENT, CARLSUAD DISPOSAL, SOLANA BEACH DISPOSAL, MAR DISPOSAL, NORTH COUNTY DISPOSAL, INC. This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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 oolicies. cLqMTpTAENR TYPE OF INSURANCE POLICY NUMBER POLICY ;_ EXPIRATION DATE Limits of Liability in Thousands (000) GENERAL LIABILITY 25 OMPREHENSIVE FORM __I(PREMISES-OPERATIONS 5 EX;;o%ON AND COLLAPSE UNDERGROUND HAZARD 63 SM 74044 5-I-84 RODUCTSKOMPLETED ___ OPERATIONS HAZARD ONTRACTUAL INSURANCE ROAD FORM PROPERTY DAMAGE A INDEPENDENT CONTRACTOR’ ERSONAL INJURY EACH OCCURRENCE AGGREGATE 1 ,I ” :: i 1, BODILY INJURY B a (i :;, ,c E!$ ,i i#; PROPERTY DAMAGE S B : !_I t!.:” ,‘I’ .! : 1 / ;1 : AUTOMOBILE LIABILITY ;., PERSONAL INJURY ~ ,,. j,, i’l’: ’ ,’ &$, pkj A 63 FJ 331418 5-l-84 i#i~F q %~MPREHENsIvE FORM EE wNED IRED q l%0N-OWNED BODILY INJURY :.. : (EACH ACCIDENT EXCESS LIABILITY 63 XS 212232 BODILY INJURY AND PROPERTY DAMAGE $ COMBINED oa MBRELLA FORM u OTHERTHAN UMBRELLA FORM NORKERS’ COMPENSATIOI and EMPLOYERS’ LIABILITY 63 CK 1014 5-l-84 STATUTORY / i< DESCRIPTK OTHER OTHER I OF OPERATIONS/LOCATIONSNE I OF OPERATIONS/LOCATIONSNE c )n "ALL OPERATIONS - STATE OF CALIFORNIA" I :, : : :" j /'d Cancellation: Should any of the above desyp ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail - days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any ktnd upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER CITY OF CARLSBAD CITY CLERK CITY HALL CARLSBAD, CA 92008 DATE ‘Sz 4-2g-83 :. . ’ . 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I RESOLUI'ION NO. 7296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCARLSBAD, CALIFORNIA, REVISING THE REFUSE - COLLECTION RATES FOR THE CITY OF CARLSBAD. WHEREAS, the City of Carlsbad has contracted with Coast Waste Management, Inc. for refuse collection services within the City; and WHEREAS, the City adopted Resolution No. 6303 setting refuse collection requirements and establishing rates for said services; and WHEREAS, said contract provides that the City will meet and renegotiate rates as requested by the collector; and WHEREAS, after said negotiations the parties to said contract have agreed :hat certain changes in the refuse collection rates are necessary; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad 1s follows: 1. 2. That the above recitations are true and correct. That the rate for once-a-week collection of residential refuse shall be a monthly charge of $6.48. 3. The rates for once-a-week on premise collection of residential refuse is a monthly charge of $8.32 per month. 4. The monthly rates to be charged for commercial collections shall be as follows: NUMBER OF PICKUPS PER WEEK b. of Bins 1 '/I '/I 1 2 '3 4 5 6 37.65 60.91 84.17 107.43 130.69 153.95 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 27 28 , CMERCIAL CAN STOPS 1 X Week $12.24/month .2 X Week 24.48/month 3 X Week 36.72/month 4 X Week 48.96/month 5 X Week 61.2O/month APARlTEN’TS AND CONDOMINIUMS No. of Units - 3 i-5 6 or more $ 6.48/month per unit 6,04/month per unit 5.84/month per unit 5. That the following rates shall apply to special pickups of refuse: a) Drag-on box service shall be charged at the rate of 27.50 delivery charge per box. The following dump charges apply to the following classes of drag-on boxes: t. (19 cu. yds. or less) $119.21 . (20-29 cu. yds.) 134.21 C. (30-39 cu. yds.) 149.21 D. (40-49 cu. yds.) 164.21 (The above rates include the applicable dump fees). Demurrage charges on drag-on boxes shall be $3.00 per day in the event the drag-on box is not dumped a minimum of one time a week. Customers requiring more than one dump from a drag on box shall receive a refund of the original $27.50 delivery fee, this refund may be in the form of a credit against the customers account with the fefuse collector. b) Special pick-ups of items such as water heaters, washers, dryers, etc. shall be individually negotiated at a reasonable rate between collector and customer. Before any pickup of such items is made, customer shall be notified of charges. 6. The commercial rates established hereby shall be effective July 1, 1983. 7. The residential rates established hereby shall be effective August 1, 1983. 3 ,I P 1 . . * II 1 8. The rates and charges established by this resolution shall on their 2 II effective day supersede the rates established by Resolution No. 6302. 3 II 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of 5 The City of Carlsbad, California, held on the 2nd day of JwP=t 6 1983, and by the following vote to wit: 7 AYES: Coud.l.Merr33ers Casler, kwis, Kulchin,ChickandPrescott NOES: mme 9 10 11 12 13 14 15 ABSENT: None MARY CASd, MAYOR ATTEST: 16 17 18 ALEpkA L. RAUTl&RAii, Cit&erk KAREN R.hTUNDTZ, Deputy CityClerk i:f)ASY’ WASTE MANAGE~MENT INC i( 1:: ‘r A I... : sfx mr’imim I::’ = Cl . B Cl x 9 4 7 czAl?L.S1C?AD, c A I... I I- I:) li N 1: A COMPANIES AFFORDING COVERAGES zKA$Iy A nr--s ?‘,,.. COMPANY LETTER B COMPANY LETTER C COMPANY LETFER D COMPANY LETTER E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition jpect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the Intract or other document with re! tclusions and conditions of such p :ies. TYPE OF INSURANCE - GENERAL LIABILITY El COMPREHENSIVE FORM f PREMISES-OPERATlONS EXPLOSION AND COLLAPSE ii HAZARD UNDERGROUND HAZARD PRODUCTSKOMPLETED El OPERATIONS HAZARD CONTRACTUAL INSURANCE ; BR,“,“,“A;yRM PROPERTY INDEPENDENT CONTRACTORS El PERSONAL INJURY AUTOMOBILE LIABILITY lxi COMPREHENSIVE FORM : OWNED HIRED iid NON-OWNED EXCESS LIABILITY ! UMBRELLA FORM OTHERTHAN UMBRELLA FORM WORKERS’ COMPENSATION and EMPLOYERS’ LIABILITY OTHER POLICY NUMBER 63F’J 4t94t30 b .zf x s 3 J. 7 3 :I. 4 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES POLICY EXPIRATION DATE (j y; .,/ (j j. / $j 5 Limits of Liability in Thousands (000) EACH OCCURRENCE AGGREGATE BODILY INJURY S ‘6 PROPERTY DAMAGE I b BODILY INJURY AND PROPERTY DAMAGE B S COMBINED PERSONAL INJURY S BODILY INJURY (EACH PERSON) B BODILY INJURY 6 (EACH ACCIDENT) PROPERTY DAMAGE 1 $ BODILY INJURY AND 1 PROPERTY DAMAGE s .L COMBINED I BODILY INJURY AND PROPERTY DAMAGE * $ COMBINED I.000 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 3~~ days writte n notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company NAME AND ADDRESS OF CERTIFICATE HOLDER i: I ‘r 7 13 I- i= ~3 RI... s 13 f3 I:I CARL.S.lsAD , c A I... :I: F:’ Cl RN 1 cf . ‘:‘C’ .%) .- i2 '2 () 0 8 AUTHORIZED REPRESENTATIVE 1/.. ‘0 25 (l-79) SF. FORM FORM 199-EZ (Nov. 1957) ENDORSEMENT DATED ATTICHEDTO POLICY NO. NAME OF IN‘URANCL COMPANY *ND ,ORWINO A-27-84 PIwr OF PER CERTIFICATES AETNA LIFE, & CASUALTY I I..“ED TO ,IY.“*Eo“ “AYW l COAST WASTE MANAGEMENT, INC. ETAL JAMES A. LEWIS “*ILlNO *DD”Ls‘, *OLNCY AT .IONLD - ’ LEWIS INSURANCE COMMENCEMENT OF POLICY EXPIRATION OF POLICY EFFECTIdDA+E OF THIS ENDORSEMENT 5-l-84 5-l-85 5-l-84 *MOUNT OF INSURANCE PERILS OLD RATE NEW R*TE *DoITIONAL PREM,“” RETVRN PRELl,“M FlllJz ECE IT IS HEREBY UNDERSTOOD AND AGREED THAT THE IS CORRECTED OR CHANCED TO READ AS FOI,I,OWS TO READ AS FOLLOWS: ARIE DE JONG, COAST WASTE MANAGEMENT, INC., MC DOUGAL SANITATION CO., INC., VAN ORT ENTERPRISES, SORRENTO VALLEY DISPOSAL, RANCHER0 SANTA FE DISPOSAL, COAST WASTE MANAGEMENT, CARLSBAD DISPOSAL, SOLANA BEACH DISPOSAL, MAR DISPOSAL, NORTH COUNTY DISPOSAL, INC. r LIBERTY RECYCLING. *Consent by ___...__ _.___....._.._._.__............,......................,..........,....,.....,......... lnsurcd *Consent by . . . . . . . . . . . . . . . . . .._............................................................................ MortKagce or Payee *Not required unless policy is reduced or restricted by this endorsement. NAME AND ADDRESS OF AGENCY I COMPANIES AFFORDING COVERAGES LEWIS IN$UHANCE I::‘. cl * BOX 1. 378 TULARH~ CAL:I:F’ClRN1:h COMPANY LETTER A nF.rNn c’Rw, TY ” ” COMPANY LETTER B P3375 %L (209 1 t!>nt3-“771 I. ADDRESS OF INSURED COMPANY LETTER C D CClAS-f WASTE Mh%X.iEME:ltl’l 13 ia.. : SEE ATTACHED r COMPANY LETTER E J 0 below have been issued to the Insured named above and are in force at this time. Notwithstanding any requirement, term or condition !ct to which this certificate may be issued or may, pertain, the insurance afforded by the policies described herein is subject to all the This is to certify that policies of insurance liste of any co ‘ntract or other document with respf terms, ex :clusions and conditions of such p I ties. POLICY NUMBER s (000) AGGREGATE Limits of Liability in Thousar EACH OCCURRENCE POLICY EXPIRATION DATE TYPE OF INSURANCE GENERAL LIABILITY BODILY INJURY 0 PROPERTY DAMAGE 0 IEI COMPREHENSIVE FORM i PREMISES-OPERATIONS EXPLOSION AND COLLAPSE 0 HAZARD UNDERGROUND HAZARD SM88716’3 PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND PROPERTY DAMAGE 0 u CONTRACTUAL INSURANCE B BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS 0 PERSONAL INJURY COMBINED Y 001 PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) BODILY INJURY EACH ACCIDENT) COMPREHENSIVE FORM OWNED El HIRED kd NON-OWNED FJ469507 PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED EXCESS LIABILITY UMBRELLA FORM OTHERTHAN UMBRELLA FORM STATUTORY NORKERS’COYPENSATION ct<:t 454 and EMPLOYERS’ LIABILITY OTHER DESCRIPTIO N OF OPERATIONS/LOCATIONS~Ehtuia ESPEC’TS ‘TO ALL. OI”‘E:RA’fIflNS I31- THE INSURED-STATE CH- I=Al...XFOi?N:I:~ date the issuing com- Cancellation: Should any of the above described policies be cat thereof, Icelled before the expiration pany will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER, c:I:n 13~ CAR~..SBAB c:i: 7-Y CLERK c IT‘1 HALL.. Cl4lil...sBATI , c A I... :I: I:- 0 R N I A DATE ISSUED: 04/2%/85 9 2 0 0 8 - 4CORD 25 (l-79) ADDRESS OF AGENCY LEbJlS IN!$URANCE F’.O.BOX 1375;~ TULARE CALIFORNl:A 93275 ~209~688-7711 NAME AND ADDRESS OF INSURED COAST WASTE i’lANAGEMENT INC. ETAL! SEE ATTACHED P. cl. BOX 947 CARLSEAD, CALIFORNIA 92008 COMPANIES AFFORDING COVERAGES -~-- COMPANY L---- LETTER A AFTNPI COMPANY LETTER I l-%~l TY B I 1 KPEARNY c I I COMPANY LETTER D COMPANY LETTER E 0 Nd above and are in force at this time. Notwithstanding any requirement, term or condition --.l name certifv that oolk :ies of insurance listed below have been issued to the insured of any contraci or ofher document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies aesciibed herein is subject to all the elusions and conditions of such o ties 5 (000) AGGREGATE Limits of Liability in Thousar EACH OCCURRENCE I POLICY NUMBER POLICY EXPIRATION DATE TYPE OF INSURANCE GENERAL LIABILITY El COMPREHENSIVE FORM PREMISES-OPERATIONS EXPLOSION AND COLLAPSE HAZARD BODILY INJURY $ PROPERTY DAMAGE B St1945313R 07/01/86 6 u UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE B BROAD FORM PROPERTY DAMAGE COMBINED 1,000 INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) AUTOMOBILE LIABILITY L3 COMPREHENSIVE FORM OWNED Cl HIRED 0 NON-OWNED EXCESS LIABILITY UMBRELLA FORM OTHERTHAN UMBRELLA FORM FJ63702l. PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE NORKERS’COMPENSATION and STATUTORY EMPLOYERS’ LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHlCLES AS RESPECTS TO ALL OF’ERATIONS OF THE XNSURED IN THE STATE OF CALIFORNIA. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OFCERTIFICATE HOLDER. DATE ISSUE@ 04/30/86 CITY GF CARLSBAD CITY C:L..E:l?K: CITY HALL. CARLSHAD, CALIFORNIA AUTHORIZED REPRESENTATIVE 92008 ACORD 25 (l-79) COMPANIES AFFORDING COVERAGES EpEARNY A CONTINENTAL INS. LEWIS INSURANCE F’.O.BOX rS7e TULAKE CALIFORNIA 93275 ~209~688-7711 COMPANY LETTER C NAME AND ADDRESS OF INSURED COAST WASTE MANAGEMENT INC. ETAL- SEE ATTACtiEii P. 0. BOX 947 CARLSBAD, CALIFQRNIA PZQW . . . . . , o oerow nave oeen rssueo to me lnsureo named above and are in force at this time. Notwithstanding any requirement, term or condition xt to which this certificate may be issued or may oertain, the insurance afforded by the policies described herein is subject to all the ties. This is to certify that policies of insurance liste of any contract or other document with resw :clusions and conditions of such p TYPEOF INSURANCE GENERAL LIABILITY cl COMPREHENSIVE FORM 8 PREMISES-OPERATIONS EXPLOSION AND COLLAPSE 8 HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED 0 OPERATIONS HAZARD CONTRACTUAL INSURANCE 8 BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS cl PERSONAL INJURY AUTOMOBILE LIABILITY 0 COMPREHENSIVE FORM 8 OWNED HIRED 0 NON-OWNED EXCESS LIABILITY cl UMBRELLA FORM cl OTHERTHAN UMBRELLA FORM WORKERS’ COMPENSATION and EMPLOYERS’ LIABILITY POLICY EXPIRATION DATE s (000) AGGREGATE Limits of Liability in Thousar EACH OCCURRENCE POLICY NUMBER CEP97010i BODILY INJURY 3 PROPERTY DAMAGE I BODILY INJURY AND PROPERTY DAMAGE COMBINED 81,000 PERSONAL INJURY BODILY INJURY (EACH PERSON) B BODILY INJURY B KACH ACCIDENT) PROPERTY DAMAGE B BODILY INJURY AND PROPERTY DAMAGE ,l,OW COMBINED BODILY INJURY AND PROPERTY DAMAGE $ 7/01/87 B COMBINED I 93W83899Y5”“86 7/01/87 OTHER ~~f$~~“~~cA~~*~~E~~~~TICINS OF THE INSURE~~I IN THE STATE OF CALIFORNIA. Cancellation: Should any of the above de w r‘bed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. n NAME AND ADDRESS OF CERTIFICATE HOLDER: 07/01/86 ZITY OF CARLSBAD DATE ISSUED: // c I I U I I ZITY CLERK, CITY HALL CARLSBAII, CALIFORNIA JAPiES A. LEWIS L- AUTHORIZED R 92008 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8868 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REVISING THE REFUSE COLLECTION RATES FOR THE CITY OF CARLSBAD. WHEREAS, the City of Carlsbad has contracted with Coast Waste Management, Inc. for refuse collection services within the City; and WHEREAS, the City adopted Resolution No. 7296 setting refuse collection requirements and establishing rates for said services; and WHEREAS, the City and Contractor have agreed upon an index system to initiate rate negotiations and the collector has submitted evidence that the index "trigger" has been exceeded and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the rate for once-a-week collection of residential refuse shall be a monthly charge of $6.95. 3. The rates for once-a-week on premise collection of residential refuse is a monthly charge of $8.93 per month. 4. The monthly rates to be charged for commercial collections shall be as follows: NUMBER OF PICKUPS PER WEEK Number of Bins 1 2 3 4 1 $43.75 $70.78 $97.81 $124.83 COMMERCIAL CAN STOPS 1 x Week $14.23/Month 2 x Week 28.45/Month 3 x Week 42.67/Month 4 x Week 56.89fMonth 5 x Week 71.11/Month 5 6 - - $151.86 $178.89 20 21 22 23 24 25 I 26 ’ 27 / 28 APARTMENTS AND CONDOMINIUMS No. of Units 1 -3 $6.95/Month per unit 4 -5 6.48lMonth per unit 6 or more 6.27lMonth per unit 5. That the following rates shall apply to special pickups of refuse: a .) Drag-on box service shall be charged at the rate of $27.50 delivery charge per box. The following dump charges apply to the following classes of drag-on boxes: A. (19 cu. yds. or less) $134.34 B. (20-29 cu. yds.) 149.34 C. (30-39 cu. yds.) 164.34 D. (40-49 cu. yds.) 179.34 (The above rates include the applicable dump fees). Demurrage charges on drag-on boxes shall be $3.00 per day in the event the drag-on box is not dumped a minimum of one time a week. Customers requiring more than one dump from a drag-on box shall receive a refund of the original $27.50 delivery fee, this refund may be in the form of a credit against the customers account with the refuse collector. b) Special pick-ups of items such as water heaters, washers, drayers, etc. shall be individually negotiated at a reasonable rate between collector and customer. Before any pick-up of such items is made, customer shall be notified of charges. 6. The commercial rates established hereby shall be effective November 1, 1986. 7. The residential rates established hereby shall be effective November 1, 1986. -2- : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. The rates and charges established by this resolution shall on their effective day supersede the rates established by Resolution No. 7296. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of November , 1986, and by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None YIWLLI d (t!iL?& MARY H. ATTEST: ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL) -3- 1 NRME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES I-PW i. !3 I i751?.r’3i7CE? F’ ” 0 ~ B rJi :.: 1. 3 7 8 -I- I”.: 1 a I- e ? c a 93275 EEiNY A Ct377t iY!E?i?tc31 %~~5LlT”Z?YlCIE? COMPANY LETTER B NAME AND ADDRESS OF INSURED COMPANY LETTER C CXua?i?; bJa5t;E? iV!.3YrG3Cj~~i~i~~ I nr_: ” q E t a 1 zKpEARNy D p ~ 0 ~ Br.,x 747 Cal-- 1. :-:;;ba.cl J CA “? 2 CJ I:, 8 ErGNY E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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 oolicies. 5 PW AGGREGATE Limits of Liability in Thousal I EACH / I COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE I I GENERAL LIABILITY I A I I COMPREHENSIVE FORM PREMISES-OPERATIONS i-! EXPLOSION AND COLLAPSE I IU UNDERGROUND HAZARD I BODILY INJURY AND PROPERTY DAMAGE COMBINED &-j CONTRACTUAL INSURANCE : BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) AUTOMOBILE LIABILITY AUTOMOBILE LIABILITY a a ;Fj ;Fj COMPREHENSIVE FORM COMPREHENSIVE FORM OWNED OWNED :n :n HIRED HIRED :n NON-OWNED :n NON-OWNED PRUPERTY DAMAGE s I !, OIX BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED j EXCESS LIABILITY UMBRELLA FORM OTHERTHAN UMBRELLA FORM 4. $ ? i::f (11 i: STATUTORY LES I {A$j y-er;pects ,I;0 t?. 1. 1. U p @ !- 3 t i Cl i7 5 iJ f i nsL!l-ed ” Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail zCI? days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER. DATE ISSUED: ‘7 -” 1, -.. 8 7 c 11-y C3F CARLSBr?rIj C ITY C:!..EHt::: ; C I 7’Y t-!fit..t... CaRi . SBFiD p ca 3 2 (1 i:) 8 J’ZtlYlC?t3 A v i STATE COMPENSATION P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101-0807 INSURANCE FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE July 7, 1987 1023705-87 POLICY NUMBER: CERTIFICATE EXPIRES: 7-l-88 r City of Carlsbad Attn: City Clerk City Hall Carlsbad, CA 92008 L This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the poli Yrf eriod indicated. This policy is not subject to cancellation by the Fund except upoWI!&~ days’ advance written notice to the employer. 30 We will also give you XXxl days’ advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. Job: All Operations /f- PRESIDENT EMPLOYER r Coast Waste Management Inc. Eta1 P 0 Box 947 Carlsbad, CA 92008 R SCIF 10262 (REV. 10-86) OLD 262A . . ’ ‘YITE IT - DON’T SAY _ r-‘! Date l/21 1988 To File 0 Reply Wanted From Karen q No Reply Necessary This correspondence was brought over to us by Jim Elliott. After reviewing the Coast Waste contract file, Jim made a copy for himself and requested that I place the original in the file. Jim is going to write them a letter regarding the requirement for a bond and the cancellation of this. He will furnish us a copy for our file. K. AIGNER FORM NO. 5bO32 l RlNTED IN USA City of Carlsbad Public Works Dept. 1200 Elm Ave. Carlsbad, CA 92008 ," ), 0. :, ,,'_ ' ._! (, ,( : / 1 I_ __ ,'. __>' ,f .I ., ,. - > 23 f&&&y I+&~:.& ce*jn Carbaa& Cb-lX,tecticm & "~~~R~~#~r~~~~QR. z&xi c?#ma3joLi. ': 3anu=y 2-9 ,“&-82, ‘,‘, ,’ : asa&d and’,~~~1Ou”-------ci------c .&gw3 ~@J”~&~~~---- 1, _. i: rn ,ris;a &x&?t~ 1 I ’ : ,‘. ‘f I, I_ I, ,i / ,.: ,a j, , .‘~, r )’ j j_ ,’ cancetiati~~(t~~t~~~ to ‘*&e &E&tivi ., e Si&rJlays After R&ipt of &is noeice. ~~~~~ation/~armination &ovision in sald‘bond conta-ined: This n&ce is givsn ta yw’in &cbrd-anee inrith thtw Coast W&&e ~~~~~~~~~~‘, 7204 pr&z~ Rr ive CarZsbEtd$ Cb cc: Zewis 3ns. Tmi1r.e~ / 2490 i& Sjaqw AODRESS Fresna CA ,, 93711 CITY fmm ZIP 360034-s-71 (REV. f OBLIGEE’S COPY KNW t4f.L Ml:N IrY ‘II IlW: I’lll~SI~:Nl’S 11lA’l’ WE, COAST MWI’~ PfANAGJ2~. gKL __-_.__- .____.. -,_ ____ -- ----- .-I- -' ancl Continental Insurance CcmmnY . ' 21 corpor~;~film ;luL’hot-i.:xxJ t.0 trar&ct j;cneral surf2t.y busi.ncss .in f-hc Stn1.e of CJaliEornia, as Scw2t.y , :cc 1~el.d and firtnly botmd unt.x~ the I)cp:ll-mr-nt of Publi (. Works, CFty of C~~t'1!~b~Xl, California, in the penal sm of '~~~,-n-~~.------ AND No/100 ------------I-^^--------------- e--..-.-,I.-_-- -( $1O,OOO.oo~W~) .far the pqment of wt-lich will and truly to Ix:: nmle wz bind ourselves, our heirs, adminj.stxxturs, successors, and assigns, jointly and sevet-ally, firmly by thcsf+ presentx. . . ; WtWAS, the above bouxkm Principal has appiiid to the Director of Public Works, City of Carlsbad, Caliiornia, for d permit to collect or transport garbage or rubbish and tenders this bond to ccxnpl~y tith the provisions of Section of Ordinance No 6045 & 6046. . iWW, 7IIEJUFORJ~, if the above bounclen Principa!. shall ~211 ;md cruiy caq111.y with ordL?ance t4-J. 6045 C; 6046 then this bond shall be null and voi.d, otherwise to remain in full force and effect. PROVIDED, IWE3ER, ‘that the Surety herein shall have the right to withdraw as Surety Fran this bond and may do so. by giving the said Principal and the Deparfxwnt of Public Works of&he City of Carlsbd Sixty (60) days writlten notice to that effect, and at the endsof said sixty days period of notice the liability of the Surety, except as to any liabilities or indebtedness already incurred or accrued, shallcease. and said bond shall thereupatl terminate and be of no nwre force id IT shall not 7 effect. . IS F+uFzmRPRoVIDm, exceed the penal sun WImSS WliEREoF, the that the awegate liabi.lit~ of the Surety hereunder of this bond. Principal and Surety have hereto set their signatures this * 29th day of JanvarY , 19 88 . b , C,’ m,m Bk!J 370 09 51 PIuml&:&*~.oo c aMsT WASTE MclNAT,EMENT,. INC. -- . .4 (I kinc1pal . . Continental InswanGe~~~~-----__ -__I_-_-.---._. Surety Y I STATE OF CALIFORNIA Tulare > SS. COUNTY OF On this 18th day of FAT , in the year 1988, beforsen&$einders&-l$ a Notary Public in and for said State, personally appeared . , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of contlnental CcanpanY and aiM&w4edged to me that -he subscribed the name of . thereto as principal, and his WITNESS my hand and ACKNOWLEDGMENT-AAttorney-in-Fact-Blank Co -WoIcoIIs Form PlBCA-Rev 5-82 01982 WOLCOTTS, INC (PCICSCISSS E-2) : / :. .._ /, 1’:. i.:., .:, :: j :.._: : . . . . ., ,_.. :_.. COMPANIES AFFORDING COVERAGES _:, ..:; j, ; ..,f ) : ; ) :; ;. ‘i :....; .,, :I,, i” ‘.’ - . . . “) .,..: :.... .,,.. -. :” :: :..,: i. : i‘ . .._. . .._I ,./‘.. ;.) : .::> “Y i : : .‘., y: jr:. i ..,, 2 /_,, I..; ?\ ),,, :... p : .;. :___ i . . . . :.. ._ .:. .., : ,,( j_./ I,,, ,i ;’ ,..t ;\ :‘..; j [..‘; %%Y A : ..:. :\ :‘” :_;.. ../.: :.. : : ::(j : ,..i,- :..,_ i ,,.: ::;j “’ “.! ..,: y:. ..’ .::: i. : . .._. ; .; _ j ‘:’ : I 4,. ::,j ;I:,. . : NAME AND ADDRESS OF INSURED .” . ..- I., I’., ..i. ,.,. :... ,... . ..z i.: : / :,a.: ‘..: ,,,: : ,. ;.: :,,. .I-, : .,‘. _ ., : . . . .‘.’ :- ‘: .i : :. .,., ,y:. ::. j_ ::. : ., : .. -1: ::; ,, :;:.y: 1:: __’ ,’ i “‘. :. . . . ,. . . : . . . . . . :. :.. .-.., /, : : -.,:: : .. ., ; ..I / -. ) I,: .I:., ;. . . .: i..’ Lv certify T lsta of any contract or other document with resee elusions and conditions of such 3 below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term ‘or condition !ct to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the x5liciss. TYPE OF INSURANCE GENERAL LIABILITY a COMPREHENSIVE FORM ? PREMISES-OPERATIONS EXPLOSION AND COLLAPSE Ei HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED i OPERATIONS HAZARD CONTRACTUAL INSURANCE BROAD FORM PROPERTY 3 DAMAGE INDEPENDENT CONTRACTORS El PERSONAL INJURY AUTOMOBILE LIABILITY I! COMPREHENSIVE FORM OWNED 0 HIRED 0 NON-OWNED EXCESS LIABILITY !Y UMBRELLA FORM OTHERTHAN UMBRELLA FORM NORKERS’ COMPENSATION and EMPLOYERS’ LIABILITY OTHER POLICY NUMBER Limits of Liabi y in Thousal EACH OCCURRENCE ‘5 i 0 POLICY EXPIRATION DATE AGGREGATE BODILY INJURY r .: 5 i::: 6 .f) -;; ‘!!,: <,:,: f, x; . . . . . . . . / PROPERTY DAMAGE 0 BODILY INJURY AND PROPERTY DAMAGE COMBtNED PERSONAL INJURY BODILY INJURY (EACH PERSON) s BODILY INJURY s (EACH ACCIDENT) .7: . . . : . . : _ .I,,; :. :::j ::: :,x. ;y,;: ‘i.’ .:: -:‘, ._i PROPERTYDAMAGE 1 I BODILY INJURY AND .?: :.’ : ::; ./:. PROPERTY DAMAGE I “:. ,. .:’ \.: COMBINED .Y../ .,. ,? ;x .; ::: ::: _ ~ (,’ :., i ..- -T’ :l. :. 5, ; :.. : .j i ‘.,f : -,_ I,_, ;.,.i ;:i jf;: I:( 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should any of the above descrrJbed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail .TL:‘: days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER .I ‘:’ “$.’ y i.. . . . .I. / ;, ,’ f. . ;,, ::;. / :.,: I,. ,..,, i : : : .:. :: !‘./ .:..: . . .Y..... :..f;‘...’ : i ,,_, /, / / .I’: :,.. ., ._., : .:. :... (... :.., . . .:_ 1,,,. -:: !,., :. y,j y. ‘.j :,_ : . . . . . i :. ,. . . . . . / :..a i”i . . ..: /.: : : : : :... .._: .A : : :: j_,_ j;:, .,.:.; 1;: ::;;: :: : ., ., ; ._ _ T. : ‘. A*- AsHOt?lZEP/ REPRESENTATIVE . b STATE COMPCNSATlON P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101.0807 INUURANCC FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE JIJLY 1, 1968 POLICYNUMBER: 1o237o5 - 35 CERTIFICATE EXPIRES: 7-l-89 r CITY OF CAl?LSBAD A T T p; - . CITY CLEi?K/CITY I-ALL 2075 LAS PALIVAS PPIVE CAT'LSGAD c 5 , $2009-4859 L 503: ALL OPE-9ATIOMS This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy Reriod indicated. 2 2 This policy is not subject to cancellation by the Fund except upon tBKdays’ advance written notice to the employer. 30 We will also give you Tmdays’ advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. 8” Af* PRESIDENT E~:70RtSEEcEN'r #2@~:5 EF!TITL"D CERTIFICATE fJ0LDER.S' NOTICT EFFZCTIVF 27/01/83 IS ATT AC F I: D T 0 AN D FORKS A PART OF THIS TOLICY. EMPLOYER r COAST 17 ‘1 s ‘-7 r; L ?,I A 3’ 4 (-, F M F: ;! T L.. a/_ I “J C . P 0 30x 047 CAFLST?E,D c A 321338 I? L SCIF 10262 (REV. 10.66) OLD 262A COMPANIES AFFORDING COVERAGES NAME AND ADDRESS OF AGENCY j,,. j;;: t&j :j: cj 3: f.4 i:; l,,J 1:; A ij ,:j j:;: ‘f’ ‘..,’ j _ iai ;I j;: , , . . <:. 4 1 a.. If.1 I, 1:: I:,: [if f.j +?j \,! j - . . . II f:g ,, i:j D :$j ij 12; 1. 3 7 (;j ‘j” I. J I... A 17 1..: COMPANY LETTER B I; ‘j A c’ ‘1 i. t-f;:> [J A ;; ‘j- 1:: f.1 (yi F>j #q fi [Y z ;:I: I‘.j f 1: $j i:; u j: ‘I’ {:, j... : ;I jY: ;:I $, ‘1’ ‘T’ 6, f.; j .j j.1: I.; jY )I cl I( 1; i:j ;x; 9 .$ ;7 [:I A 1:: I,,, iI; fi itI j:l I (1: cl j,,, :j: f’: Cj f’i &j 3: it:, ‘;J 2 f) fj ‘;:j COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E below nave Deen Issue0 to tne Insured namw aoove am are In Torte ar tms rime. r+or+4msxanalng any requlremenr, rerm or cononlon !ct to which this certificate mav be issued or mav pertain. the insurance afforded by the policies described herein IS sublect to all the xlusions and conditions of such p ties. POLICY EXPIRATION DATE Limits of Liabil yin Thousar TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE 1 WO) AGGREGATE GENERAL LIABILITY BODILY INJURY COMPREHENSIVE FORM \ PREMISES-OPERATIONS EXPLOSION AND COLLAPSE cl HAZARD UNDERGROUND HAZARD > 7 ,! j-j 1 / 9 q -2 . . . \ PROPERTY DAMAGE CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE COMBINED INDEPENDENT CONTRACTORS PERSONAL INJURY AUTOMOBILE LIABILITY i COMPREHENSIVE FORM ,’ OWNED l$J HIRED kd NON-OWNED ,\. :’ i’ f., .i ,.’ < ., f’. &C ; .c .,: J. .z r’ ‘J BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED EXCESS LIABILITY 8 UMBRELLA FORM OTHERTHAN UMBRELLA FORM NORKERS’COMPENSATION and i:; If 1::’ c,;> i,;1 7 2 ;3 ,.:, f) :f )’ ,i $ 1. ,.i’ 7 <: BODILY INJURY AND PROPERTY DAMAGE COMBINED ;\ .-, , $ .!‘: , \,‘ ‘g .,.I N 0 7 :i. N I:: 1”. I..! 3 !I: 1; STATUTORY EMPLOYERS’ LIABILITY OTHER DESCRIPTIO N OF OPERATIONS/LOCATIONS/VEk LES ,$ $f j:$ j;Z: C; p jz f: ‘)” C; ‘r [If & j-, j.,, i:f 1::: j;Y: j: (2, ‘I’ :I: (3 tt $3 :j jr ‘r j. t j:; :j: $j C) 1-j ji; 1::: 1:: 1;: f.j ‘I’ j j j:Y: C; y ;J, ‘I’ j::: [I] j::’ (1: $, j,.. :[ 1.:’ I:] [:; i>j j: ;>, ,, Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 2 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: ,. , ., ., ... “., ,. ., ,,ATE ,SS,,ED: f.;;, A’:. i’ ..’ k.1 i r: :r. f ‘f t:1 t” I: i:i 1::: I... s ::: & ::: c :j: “I’ ‘i’ ::: j... [;: I’!’ t:; > ::; :j: ‘I’ y j--1 l$ I.. 1.. i-1 ,e, 1’2 j,.. :; 1.:: A .I:1 ; i; 6, t.. f i. [> 1; $.j 1: [?, AUTHORIZED REPRESENTATIVE ACORD 25 (l-79) j below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition ct to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subiect to all the [ This is to certify that policies of insurance listen of any contract or other document with respe terms, exclusions and conditions of such polil ^^.. ^ ..,., I ties. POLlCY NUMBER POLICY EXPIRATION DATE Limits of Liability in Thousal EACH OCCURRENCE 5 (000) AGGREGATE :..’ :‘; i”; :.... ;..: :“.; “.> .,: ,: ,..‘, : j... j .: ..’ ,: ,.;,. ; :...: (,,. .,.. ..,: ,: .:i .i ,: >.‘i .i ,.. ,: _,. _;. . . . ,: . . . . . BODILY INJURY $ PROPERTY DAMAGE 0 I 1 u UNDERGROUND HAZARD I lo_ EXPLOSION AND COLLAPSE HAZARD I E! PRODUCTS/COMPLETED OPERATIONS HAZARD I ,I& -~ DAMAGE I I I u CONTRACTUAL INSURANCE m BROAD FORM PROPERTY I BODILY INJURY AND PROPERTY DAMAGE .! F: :;‘.: 2 $ .:, ; ..: ..: .: COMBINED I I u INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY , :.‘ 7: i’ : :-: :.” :.. : . ..i “.,. ,: _..‘.. ,. : : i ; ‘.) .: . . ,.. .: \,. BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED h :..: EXCESS LIABILITY q UMBRELLA FORM cl OTHERTHAN UMBRELLA FORM WORKERS’ COMPENSATION and I ,,.. *,: : ;’ ..’ .,,.’ :...: ; _,. . . . . . : ,: ,.’ .j ( i : . . . . . ,: ,: .,,. .,/,,. ,: .,_.’ BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY ..,;:.‘..y ‘i:-‘: .: j ::.:j L. _ .. :..j : .) / ‘.: : . . . . j.., -...: :..: : :.: LES AS RESPECTS TO ALL OF iSUREOS \TIONS I ALSO NAMED IS ADDITIONAL NAMED INSURED IS THE CITY OF CARLSBAD/AS RESPECTS TO ALL OPERATIONsi OF THE INSURED IN THE STATE OF CALIFORNIA II.IT IS AGREED THAT ANY INSURANCE MAINTAINED BY THE CI TY SHALL APPLY IN EXCESS OF AND NOT I Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn-[ CON ‘T] pany will endeavor to mail days written notice to the below named certificate holder, but failure to GC’ mail such notice shall impose no obligation or liability of any kind upon the company. I NAME AND ADDRESS OF CERTIFICATE HOLDER. “ . . . ,: .: . . ; .: i : n~_r ,rC, ,Cn, ‘... :..: I _i_ :..; i :...: i .,,,: i”i ; :,,. . . . . . i’: :. :___ i 1,....; ,i :..; AUTHORIZED REPRESENTATIVE ACORD 25 (l-79) : COMPANIES AFFORDING COVERAGES g+pEy A :“: i I” : “; ‘I :,; “’ :.; -: :.;; ; ._.. _. : : _.. -: : COMPANY LEnER 6 COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E d above and are in force at this time. Notwithstanding any requirement, term or condition : ..* .F ..‘.: .. ,: i.:- .I . . .i 1.:. i’ . ..i ; ‘:‘: p. i:,> .; ,;, :“; f”i ‘:y .i; ‘f .i NAME AND ADDRESS OF INSURED I’; 2.: i’) ,...: ;.., ,j’., i‘ : .: .(. .,,. ‘., ,: :,. .: I me This is to certify that policies of insurance listen of any contract or other document with respe terms, exclusions and conditions of such polio I I j below have been issued to the insured na ct to which this certificate may be Issued or may pertain, the msurance afforded by the polkxes described hereln IS subject to all the T -r Limits of Liabi yin Thousands (000) EACH OCCURRENCE AGGREGATE I POLICY NUMBER I I COMPANY LETTER TYPE OF 1NSVRANCE POLICY EXPIRATION DATE :..’ .: .: (..: ;..: .Y) ;..; ..-: .a ,: ;.., ,,.. 1.: i : ,.. ,.’ ..;.. ; :..; .,.. 3 B BODILY INJURY ., ; ,. ., .i ; ..i ,,. ,: .,; ,; i .: .,_. kij PREMISES-OPERATIONS 0, EXPLOSION AND COLLAPSE HAZARD PROPERTY DAMAGE B B I 1 u UNDERGROUND HAZARD I I 1 k-f CONTRACTUAL INSURANCE 1 IP ;: PRODUCTS/COMPLETED m OPERATIONS HAZARD I p BROAD FORM PROPERTY ITI DAMAGE I BODILY INJURY AND PROPERTY DAMAGE COMBINED I I kd INDEPENDENT CONTRACTORS q PERSONAL INJURY I PERSONAL INJURY B AUTOMOBILE LIABILITY m :. :_.: . m COMPREHENSIVE FORM q OWNED fg HIRED kd NON-OWNED :..., .: : :..: I’: :...: :‘.: :.; ‘.; ,: ,..‘., : ___. 1.: : .: . . . .: . .._. .: 1.: . . . . ,.: .:’ ; ,. . . . . . .: . . . . . . _;. . . . . . . :y: _. .: ;.: BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE EXCESS LIABILITY - UMBRELLA FORM OTHERTHAN UMBRELLA i” FORM I I I WORKERS’COMPENSATION BODILY INJURY AND PROPERTY DAMAGE COMBINED I -. . . . . . s..: :-; : . . . :.‘.: ..‘I ‘,. ,: “., I ,,,. *,: i ,: .,. ; ;;,. ,: .,,_: . . . . . i .,: . . . ,. \ _i ,. :. ) . . . ,: ;,: _;_ ,.. ,; ” .,,. BODILY INJURY AND PROPERTY DAMAGE I and EMPLOYERS’ LIABILITY OTHER >.: :. .& ... 2. _.. 1 :.‘” : j : i’; )y .:. : : . . ;.i i .,, j T :..: :_ :.; :.: I... .:A.: DESCRIPTION OF OPERATIONS/LOCATIONSNEHlCLES CONTRIBUTE WITH INSURANCE PROVIDED E THIS POLICY III. THE INSURER WAIVES ANY RIGHTS OF SUBROGATION IT HAS, OR MAY HAVE, AGAINST THE CITY OR ANY OF THE OFFICERS OR EMPLOYEES. Cancellation: Should any of the above desc.r)bed policies be cancelled before the expiration date thereof, the issuing corn- pany will endeavo; to mail L;.’ days written notice to the below named certificate holder, but failure to mall such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER CITY OF CARLSBAD 1 CITY CLERK ‘.. : ,: _: .; ,i ;. Ir. ) DAT ISSUED: ..,.: :;..:; .;. :,.:; :A , 1200 ELM CARLSBAD, CALIF 92008 UTHORIZED REPRESENTATIVE ACORD 25 (l-79) - I STATE P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE JULY 19, 1989 POLlCYNUMBER:10;3;0;o- 8g CERTIFICATE EXPIRES: - - r- CITY OF CARLSBAD ATTN: CITY CLERK/CITY HALL 2075 LAS PALMAS DRIVE CARLSBAD CA, 92009-4859 JOB: ALL OPERATIONS This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California -- Insurance Commissioner to the employer named below for the polich period indicated. This policy is not subject to cancellation by the Fund except uponzgpl days’ advance written notice to the employer. 30 We will also give you w days’ advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. 8 /f- PRESIDENT ENDORSEMENT 82065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07/19/89 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. -- EMPLOYER r COAST WASTE MANAGEMENT INC. P 0 BOX 947 CARLSBAD CA 92008 R I- SCI F 10262 (REV. 10-86) OLD 262A CONTRACT FOR PROVIDING REFUSE COLLECTION AND CURBSIDE RECYCLING SERVICES This Contract entered into this /d*day of b , 1990 by and between the CITY of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as the lVCITY@l and Coast Waste Management, Incorporated, aka Liberty Recycling, a California corporation, hereinafter referred to as the 11Contractor81. WITNESSETH: WHEREAS, the CITY is responsible for the provision of refuse collection services to promote the safety, health and general welfare of its citizens and, WHEREAS, the CITY may contract for such refuse collection services and, WHEREAS, the CONTRACTOR is in the business of collecting and disposing of refuse and is now and can continue to provide the necessary refuse collection services to the citizens of Carlsbad and, WHEREAS, the Collector is in the business of collecting and marketing recyclable goods and is now, and can continue to provide the necessary collection of aluminum and metal cans, glass jars and bottles, plastic P.E.T. and HDPE bottles and newspapers from single family residential and charitable organizations, and WHEREAS, the Collector is willing to add services to provide for collection of additional recyclable materials and add services to provide for collection of recyclable goods from single and multiple family residences, commercial, industrial and governmental buildings. WHEREAS, CITY wishes to contract with Contractor for such refuse collection and recycling services, ' I ’ * 2 . . THE PARTIES hereto do mutually covenant and agree as follows: 1. The CONTRACTOR as an independent contractor and not an employee or agent of the CITY, shall furnish all labor, equipment and materials for and shall make available to all persons residing or doing business at a location within the CITY limits of the CITY, as it presently exists or as it exists in the future (customers), the service of collection and disposal of refuse and collection and marketing of recyclable goods (service), subject to the terms and conditions of this Contract. 2. In addition to and separate from the service of collection and disposal of refuse, the CONTRACTOR agrees to provide curbside recyclables collection and marketing services subject to the terms and conditions of the applicable sections of this Contract. A. The Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, services and materials, including household recyclable containers, and perform all work necessary to operate in good and workerlike manner, all facets of a pilot curbside recycling project according to the proposal submitted and accepted as delineated in this Contract. It is understood and agreed that all said labor, services, materials, and equipment shall be furnished and said work performed and completed by the Contractor as an independent Contractor, subject to the inspection and approval of the CITY acting through its Utilities and Maintenance Director or designated representative. The Contractor shall assume all risks for loss of or damage to tools or equipment owned/rented by the Contractor. .I ., a . B. CONTRACTOR shall implement the curbside recyclables collection program in accordance with the schedule in Exhibit "AI'. C. CONTRACTOR agrees to provide weekly collection of recyclable materials, including but not limited to, aluminum, glass, newsprint, paper, cardboard and plastic from all refuse collection customers. D. The CONTRACTOR shall furnish said labor, services, materials and equipment as set forth in this Contract, including the provision of individual household collection containers. E. CONTRACTOR agrees to conduct a promotion campaign prior to the first curbside collection. This promotion will be sufficient to expose all households in the CITY to information about the recycling program. F. CONTRACTOR sufficient to comply with Section 8 of this Contract. G. CONTRACTOR participating household at collection. H. CONTRACTOR term of this Contract. I. CONTRACTOR agrees to accurately record collection data the reporting requirements delineated in shall distribute two containers to each least three (3) days prior to the first shall conduct on-going promotion during the shall begin the curbside collection of recyclables from all single family residential customers not later than July 1, 1990. Recyclables collection for multi-family and commercial/ industrial customers sub-sections E and F shall be provided of this Contract. 3 in accordance with Section 15, 4 . . : 3. TERM: The term of this Contract shall commence on March 1, 1990 and shall continue for three (3) years until February 28, 1993. It shall renew automatically thereafter year to year subject to the right of either party to terminate for any reason on the anniversary date, upon 180 days' written notice, preceding that date. The COLLECTOR expressly waives any and all rights under Section 4272 of the Health and Safety Code and agrees that the term will be governed solely by this Contract. 4. BILLINGS: The CITY shall provide billing services and normal collection for both the refuse and recycling services for residential customers who are billed for sewer and/or water services by the CITY. All other customers shall be billed by the CONTRACTOR. With thirty (30) days written notice to the CONTRACTOR, the CITY may determine to have either the CITY or the CONTRACTOR to bill any or all of the refuse and/or recycling customers. Billing shall be coordinated with the billing system at such frequency for billing established by Carlsbad for the collection of water and sewer charges. Provided, however, that Carlsbad shall have the right to refuse to handle billings and collections with respect to any accounts which, in the opinion of Carlsbad, would be difficult or inconvenient to handle through its system. Collections for past due accounts for refuse services shall be the COLLECTOR's responsibility. The CITY may forward any past due accounts to a collection agency or service for collection at the discretion of the CITY. Any collection of refuse or recycling charges resulting from use of such services shall be forwarded to the CONTRACTOR. All collections for past due accounts for refuse and recycling services shall be the responsibility of the CONTRACTOR unless the CITY assumes the entire billing and collection responsibility. The CITY may forward collection information to customers in the bill at the option of the CITY. The CITY's billing and collection records and books open to inspection by the Collector. Copies of records shall be shall be provided at the Collector's expense. The Collector's billing and collection records and books shall be open to inspection by the CITY. Copies of records shall be provided at the CITY's expense. 5. RATES: Coast Waste Management, Inc. agrees to accept from customers as full and complete compensation for the complete collection and disposal of refuse including all recyclable materials, the rates stated in Resolution No. %-d( adopted by the City Council on the &* day of L, 1990, on file with the City Clerk and incorporated herein by reference. Income from recycling materials, if any, shall not, for the purposes of this Paragraph, be considered wCompensation for the complete collection and disposal of refuse." Coast Waste Management, Inc. will not request a change in rates prior to the expiration of a one year period from the effective date of this Contract, except as provided for in Paragraph 6 of this Contract, said Paragraph 6 relating to Vnusual Cost Increasesw. The City of Carlsbad recognizes that rates are related in part to the cost of doing business, including disposal site fees set by the County of San Diego, the cost of fuel, maintenance, salaries and insurance. An 5 ., ,- , . index based on changes to these cost elements will be developed by the City of Carlsbad by August 31, 1990. This index may be a continuation of that index provided in Resolution 6460 approved by the City Council on March 3, 1981. The City Council shall have discretion in approving or disapproving such requests, but will consider changes in the index and prevailing rates and scope of services provided in other cities in San Diego County in arriving at their decision. 6. UNUSUAL COST INCREASES: The parties recognize that from time to time certain expenses, some of which are enumerated below, increase at rates substantially in excess of that contemplated by the parties. The parties further agree that in event that any such increases should occur, Coast Waste Management, Inc. may apply to City of Carlsbad for a rate increase in proportion of said unusual expense increase, i.e. disposal site fees, fuel and labor. 7. SERVICE FEE/REFUSE COLLECTION: The CONTRACTOR agrees to pay the CITY a sum of money equal to 2% of total gross receipts of fees collected from customers for residential, commercial and construction site refuse collection and disposal in the CITY, commencing on effective date of this Contract. 8. QUARTERLY REPORT REOUIREMENT: CONTRACTOR will forward to the Utilities and Maintenance Director, a report on a quarterly basis in January, April, July and October which will include the following information concerning the previous three months activities for construction site, commercial, governmental, industrial and residential r8fUS8 collection: t . ,- A. Number of complaints listed by type of complaint: i.e., litter, missed pickup, quality of service, etc. B. Average number of customers served per month categorized as to residential and commercial. C. Average gross receipts per month, categorized as residential and commercial. D. Any significant problems or anticipated future problems relating to refuse collection in the CITY. For construction site, commercial, governmental, industrial and residential r8CyClabl8S collection: A. During at least one month of the previous quarter, the weekly and monthly single family household participation will be monitored and data recorded on forms provided by the CITY. B. A quarterly total of lbs./ton of recyclables collected, by tYP8, from residential curbside collection shall be compiled on forms provided by the CITY. C. A quarterly total of lbs/ton of recyclables collected from all other sources, by type, shall be compiled on forms provided by the CITY. D. Total revenues derived from the sale of all recyclable materials, by type and source, shall be compiled. 9. FREQUENCY OF COLLECTION: The CONTRACTOR shall collect refuse and recyclables at least once per week from each residential unit. Refuse and recyclables shall be collected from residential customers on the same day. The collection schedule, and any changes thereto shall be submitted to the Utilities and Maintenance Director. 7 . Frequency of construction site, governmental, industrial and commercial refuse and recyclables collection shall be as agreed upon by the CONTRACTOR and the individual customers. 10. HOURS OF COLLECTION: The CONTRACTOR shall make refuse and recycling collections in residential areas after 7:OOAM and before sunset. 11. HOLIDAYS: The following are designated as holidays for purposes of this Contract: New Year's Day Labor Day Memorial Day Thanksgiving Independence Day Christmas Day (Customers scheduled for collection on a holiday shall be serviced on the following day and the balance of the schedule shall be adjusted accordingly.) 12. DISPOSAL LOCATIONS: The CONTRACTOR shall dispose of all refuse in a legal manner at a sanitary landfill, transfer station or other facility, at the direction of the CITY. 13. MARKETING OF RECYCLABLES: The CONTRACTOR shall provide markets for recyclables. All written Contracts, if any, with the processors, recyclers or other buyers of recyclable goods shall be submitted to the CITY. 14. COLLECTION EOUIPMENT: The CONTRACTOR shall provide an adequate number of vehicles and equipment for refuse and recycling collection services. Refuse collection truck bodies will be all metal and watertight. The CONTRACTOR shall paint its name and phone number on the sides of each refuse collection vehicle, drop body and 8 - . collection bin in letters at least four inches high. Recycling collection vehicles, bins, and other equipment shall be marked with a CITY approved logo applied on in accordance with CITY specifications. Plastic recycling bins shall also be certified as Hmade of at least 15% post consumer and/or post industrial waste." All vehicles shall be cleaned and washed at least once per week and will be maintained in an efficient, sanitary condition at all times. All refuse and recycling collection vehicles must be parked overnight on CONTRACTOR's premises. No on-street overnight parking is authorized. 15. ADDITIONAL SERVICES TO BE PROVIDED BY CONTRACTOR: A. The CONTRACTOR shall provide at no cost to the CITY, refuse and recyclables collection services for CITY facilities as designated by the Utilities and Maintenance Director. B. The CONTRACTOR shall provide at no cost to the CITY, 40 cubic yard bins, as required, for each of the Clean-up Campaigns in areas designated by the Utilities and Maintenance Director. Bins are to be removed by the CONTRACTOR within three (3) days after the end of each Clean-up Campaign Week. C. The CONTRACTOR shall provide at no cost to the 40 cubic yard bins, as required, for the Annual Christmas CITY, Tree Recycling Program. These bins are to be removed by the CONTRACTOR within three (3) working days after the end of the program. D. The parties hereto agree to work diligently to formulate promotional plans and/or advertising to encourage recycling in the CITY and thereby maximize the mutual benefits of this Contract. 9 I- The CITY shall review and approve all such promotional/advertising material produced by the CONTRACTOR prior to its dissemination. E. The CONTRACTOR shall, by September 1, 1990, submit a plan to implement a multiple family residential recyclables collection program. The CONTRACTOR shall implement such a collection program not later than 90 days from the date of approval of the plan by the CITY. F. The CONTRACTOR shall, by March 1, 1991, submit a plan to implement a commercial/industrial recyclables collection program. The CONTRACTOR shall implement such a plan not later than 90 days from the date of approval of the plan by the CITY. 16. IMPLEMENTATION SCHEDULE: The CONTRACTOR shall implement the recyclables collection element of this Contract in accordance with the Schedule shown in Exhibit A of this Contract. 17. STATUTES, ORDINANCES & RESOLUTIONS: This Contract is subject to all CITY ordinances and resolutions, both present and future. To the extent they regulate the subject matter of this Contract, said CITY ordinances and resolutions shall bind the parties hereto and shall bind each of the parties hereto and are by this reference incorporated herein at the time the ordinance and/or resolution is signed. This Contract is further subject to pre-emptive laws, ordinances and/or resolutions of the United States, State of California, and the subdivisions and agencies thereof. To the extent that they regulate the subject matter of this Contract, said statutes, ordinances, and resolutions shall bind the parties hereto and shall 10 , . * . bind each of the parties hereto and are by this reference incorporated herein. The alter the terms parties agree to negotiate in good faith to attempt to and provisions of this Contract to meet the spirit and letter of future legislation by federal, state, and/or local governments. In particular, and without limitation on the foregoing, the CONTRACTOR agrees to work diligently to meet, or enable the CITY to meet, all conditions and obligations contemplated by Assembly Bill 939, Chapter 2. This may include, but is not limited to, diligent efforts by the CONTRACTOR to help the CITY meet the 25% waste stream diversion goal by 1995. The CONTRACTOR shall assist the CITY to develop programs and implementation schedules for any of the nine (9) components of the City Source Reduction and Recycling element. 18. IMMIGRATION REFORM AND CONTROL ACT: The CONTRACTOR shall be aware of and comply with all Federal, State, County and City Statutes, Ordinances and Regulations, including Workers' Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986H (SUSC, Sections 1101through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 19. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, 11 ., .- * . h or is not correctly inserted, then upon application of either party, this Contract shall forthwith by physically amended to make such insertion or correction. 20. WORKERLIKE PERFORMAWCE: The CONTRACTOR shall perform all work in responsible, responsive, sanitary and lawful manner. The CONTRACTOR will be required to submit verification that employees have the right to work in the United States of America. The CONTRACTOR shall, at all times, provide competent, sober, courteous uniformed personnel, and efficient, clean equipment. All collection personnel shall wear an identification tag on their exterior clothing. The tag shall include the CONTRACTOR's name and the employee name. The CONTRACTOR agrees to remove any employee for reasonable cause at the request of the CITY. 21. IWDEMWITY: The CONTRACTOR shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the CITY, and its agents, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the CONTRACTOR to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the CITY; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the CITY. The expenses of defense include all costs and expenses, including 12 . . ‘, ^ _- ‘ 1. _. attorney's fees for litigation, arbitration, or other dispute resolution method. 22. INSURANCE A. Without limiting the CONTRACTOR's indemnification, it is agreed that the CONTRACTOR shall maintain in force at all times during the performance of this Contract, a policy or policies of liability insurance in an amount of at least $l,OOO,OOO combined single limit covering its operations, including coverage for contractual liability, and all other liabilities set-forth herein. B. Contractorls liability insurance policies shall contain the following 1. 2. All clauses: "The City of Carlsbad is added as an additional insured as respects operations of the named insured performed under contract with the CITY.W "It is agreed that any insurance maintained by the CITY shall apply in excess of and not contribute with, insurance provided by this policy." insurance policies required by this paragraph shall contain the following clauses: 1. IIThis insurance shall not be cancelled, limited or non-renewed until after thirty (30) days written notice has been given to the CITY." 2. "The insurer waives any rights of subrogation it has or may have, against the CITY or any of its officers or employees." 13 ‘. t ,- ’ \. h Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the City Clerk and the Risk Manager prior to the effective date of this Contract. C. The CONTRACTOR will provide the CITY with a Blanket Fidelity Bond in the amount of at least $100,000 covering all employees of the CONTRACTOR. 23. BOOKS, RECORDS AND ACCOUNTING: The CONTRACTOR shall keep true and accurate records, books and accounts of all business done, money received, accounts payable and cash disbursements by reason of its performance of its obligations herein. These records, books and accounts shall be kept separate from any books or accounts for the CONTRACTOR'S services and business operations performed outside the CITY limits. Separate books and accounts shall be maintained for the refuse collection program and the recycling program. These records, books and accounts shall be open to inspection and audit by the CITY at all times. 24. PERMITS h LICENSES: The CONTRACTOR shall maintain all required City, County and State permit(s) and licenses to operate at the expense of the CONTRACTOR. 25. ASSIGNMENT: The CONTRACTOR or the CITY may assign or sub- contract portions of the work within this Contract only after obtaining approval from the City Council. 26. DEFAULT BY CONTRACTOR: In the event the CONTRACTOR fails for any reason whatsoever to perform any obligations within this entire Contract, the CITY will give the CONTRACTOR ten (10) days written notice of default from the CITY. If the CONTRACTOR has not made 14 corrections to the satisfaction of the CITY, the CITY may, at its sole option terminate this entire Contract or a portion of the Contract for cause. If the CITY sustains any cost or expense by reason of any default by the CONTRACTOR, the CONTRACTOR shall pay the amount thereof to CITY. 27. FAILURE TO COLLECT REFUSE OR RECYCLING MATERIALS: Should the CONTRACTOR fail to collect and dispose of refuse and recyclables set out for collection as herein is agreed upon, and fail to correct such situation within twenty-four (24) hours after receipt of notice thereof, the CITY may collect and dispose of the refuse or recyclables and the CONTRACTOR shall be liable for any and all expenses incurred. 28. PERFORMANCE BOND: The CONTRACTOR shall secure a surety bond in the penal sum of $50,000.00 conditioned upon the faithful performance of this Contract. The proof of bonding shall be delivered to CITY and be kept in full force at all times by the CONTRACTOR. 29. CUSTOMER RELATIONS LOG: The CONTRACTOR shall maintain, at all times, a written log in which all written and verbal communications, including complaints from customers, shall be recorded and stored. These records shall request, together with a record of by CONTRACTOR. be made available to the CITY on all written communications received 30. INSPECTIONS: All performance, which includes services, materials, supplies and equipment furnished or utilized in the performance of this Contract, and workmanship in the performance of services shall be subject to inspection and approval by the CITY at all times during the term of this Contract . The CONTRACTOR shall cooperate with any Inspector assigned by the CITY to permit the Inspector to determine the CONTRACTOR's conformity with these 15 . A. * * ’ ‘. . . - specifications and the adequacy of the services being contractually provided. All inspections by the CITY shall be made in such a manner as not to unduly interfere with CONTRACTOR's performance. 31. HARDSHIP CASES: The CITY reserves the power, by appropriate ordinance or resolution, together with administrative regulations, to provide for the omission of refuse collection and recycling services or The CITY shall have constitute hardship. fees to certain customers in hardship situations. sole authority to determine what circumstances 32. EXCLUSIVENESS OF CONTRACT: So long as this entire Contract is in full force and effect, the CITY shall not enter into any Contract with any other agent for the purpose of performance of any of CONTRACTOR'S obligations herein, except as provided in the recycling portions of the Contract. Tree trimmers, gardeners, contractors, subcontractors, and other persons operating a separate business, shall be entitled to dispose of the grass clippings, prunings, and small loads of construction material, etc., which they generate in their separate businesses, only when the items can be discarded at the end of each working day and without the use of refuse bins or equipment. 33. STRIKES: In the event the CONTRACTOR is prevented from performing any services, or is interrupted in the performance of any services by reason of any strike or other labor action, the CITY may, at no cost to the CITY, use the CONTRACTOR'S equipment for the purpose of providing citizens of the CITY refuse collection and recycling services during the continuance of the strike. 16 The CONTRACTOR shall pay to the CITY a pro rata share of . the fees collected for any period during which CITY provides such service. The share of fees to be paid shall be determined by the CITY. 34. NOTICES: All notices to either party shall be deemed received twenty-four (24) hours after their deposit in the United States mail, postage prepaid, addressed to the Utilities & Maintenance Department at 2075 Las Palmas Drive, Carlsbad, California 92009, copy to City Manager at 1200 Elm Avenue, Carlsbad, California 92008, to CONTRACTOR at 5960 El Camino Real, Carlsbad, California applicable. 92009, as is 35. ARBITRATION: Any disagreement between the parties involving the construction or application of any of the terms, covenants, or conditions of this Contract, may, upon the written request of one party served to the other be submitted for arbitration. Any actions of arbitration shall comply with, and be governed by, the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. All cost of arbitration shall be borne by the losing party or in such proportions as the arbitrator shall decide. 36. ATTORNEY FEES: In addition to the provisions above, if legal action or arbitration is required to enforce the terms of this Contract, the prevailing party shall be entitled to reasonable attorney fees. 37. VERBAL AGREEMENT OR CONVERSATION: No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms of this Contract. 17 : - , l l , 38. NOVATION: The parties to this Contract agree that this Contract supercedes and recinds that Refuse Collection Services Agreement between the parties dated September 16, 1980. BY 18 I, ‘I ~ . .- ,I’ * March 19, 1990 Coaste Waste Management 5960 El Camino Real Carlsbad, CA 92009 Re: Contract for Refuse Collection and Curbside Recyclying The Carlsbad City Council, at its meeting of March 13, 1990, adopted Resolution No. 90-60 which approved a revised refuse collection contract including a curbside recycling program. Enclosed for your records is a fully executed original agreement as well as a copy of Resolution No. 90-60. Also approved was Resolution No. 90-61 which revised the monthly collection rate to include the recycling service rate. I have enclosed a copy of Resolution No. 90-61 for your records as well. Encs. 1200 Carlsbad Village Drive l Carlsbad, California 92008 l (619) 434-2808 , STATE P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE JULY 10, 1990 r CITY OF CARLSBAD ATTN: CITY CLERK/CITY HALL 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA, 92008 L POLICY NUMBER: 1023705 - 90 CERTIFICATE EXPIRES: 7-1-91 JOB: ALL OPERATIONS This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon te aa ays’ advance written notice to the employer. We will also give you TE iii! ays’ advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. /f- PRESIDENT ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07/10/90 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER r COAST WASTE MANAGEMENT P.O. BOX 947 CARLSBAD CA 92008 R I SCIF 10262 (REV. 10-86) OLD 262A CrnTIFICATE OF IASURAN,i ISSUE DATE: 07/10/ **************^~**-*********************-**-**-**-**-********-**-**-**-********-**-********************************** ******************^***********-***-**-********-**-**-*****-**-**-**-**-**-**-**-**-**-******************************* PRODUCER SOtID WASTE 16. HGRS KEHBER OF THE RULE EO. I THIS CERTIFICATE IS ISSUED AS A KATTER OF INFORHATION ONLY AKD CONFERS ND RIGUTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AHEND EXTENG OR ALTER THE COVEGAGE AFFORDEC BY THE POLICIES BELOW. PG BOX 7072 PASADENA, CA COHPANIES AFFORCING COVERAGE ZIP CODE 91109 COflPANY LETTER A CALIFORhIA INS. CO. -I-----II--LII-----------=----=- COMPANY LETTER B (IND) INSURED CDAST GIASTE HANAEEHENT, COHPANY LETTER C INC. ETAL P.O. BOX 947 COtlPANY LETTER D CARLSBADt CA ZIP CODE 92008 COKPANY LETTER E ********************________________^___**********************-*****-*****-*--**-**-*************~******************* *****************-***********************************-*****-*****-*****-*****-**-**-********************************* COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE GEEEI ISSUED TO THE INSURED NAHED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREHENTp JERK OR COhDITION OF AKY CONTRACT OR OTHER DOCUHEhT KITH RESPECT T WHICH THIS CERTIFICATE HAY BE ISSUED OR HAY PERTAIN, THE INSUKANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJE TG ALL THE TERNS, EXCLUSIDNS, AND CONDITIONS OF SUCH POLICIES. LIMTS SHOkN KAY HAVE BEEh REDUCED BY PAID CLAIVS. Lc;R TYPE OF INSURANCE POLICY PDLICY POLICY NUHBER EFF. DATE EXP. DATE ALL LIMITS IN THDUSANDS -************************************************--*************-********-**-. ****************************************~************************************. GENERAL LIABILITY A (XT CDKKERCIAL GENERAL LIABILITY I OR9047135 07/01/90 07/01/91 ( 1 CLAIMS HADE (X1 OCCURRENCE (XT OWNERS & CONTRACTORS PROTECTIVE I', -Il-*---YIIIIII-----*-=*----*---*-**--------*-*----=**--~-**-------*---. I AUTOrtOBILE LIABILITY A (X1 ANY AUTO OR9047135 07/01/90 07/01/91 ( 1 ALL OWNED AUTOS ( 1 SCHEDULED AUTOS ( 1 HIRED AUTOS ( 1 NON-OWNED AUTOS ( 1 GARAGE LIABILITY I ( ) I-lll-~uI--l)l*l--~*------*-~~**~*~~~*-*-~**~--*~-*-**~~-~*-*-*-*. I EXCESS LIABILITY I I ( 1 UHBRELLA FORK ( 1 OTHER THAN UHBRELLA FDRH I .c************************************* .******************-******************* GEKERAL AGGREGATE PRDDUCT-COHP/OPS AGGREGATE fE PERSONAL & ADVERTISIkG INJURY do EACH OCCURRENCE $ldl FIEE DAMAGE (ANY ONE FIRE) tlEDICA1 EXPENSE (ANY ONE PERSDN) $s )----*---I-I~=c*--*l-~--l-*~-*-~. CSL 811000 BGDILY INJURY (PER PERSON) $ BODILY INJURY (PER ACCIDENT) $ PROPERTY DAMAGE S I*--1-1I*--*--~-*-u*lll--~I~II**I*. EACH OCCURRENCE AGGRE6A S % -=-*-)1*11*----=--*-----*----------*--*---------.-------*-**-----*---------*--*--*-*-------*------- I WCRKERS' COHPENSATION I STA’!ToRy (EACH ACCIDEKT) AND 0 (DISEASE-POLICY LIKIT) ERPLOYERS' LIABILITY $ (DISEASE-EACH EHPLOYEET I DESCRIPTION OF OPERATIONS/LGCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEHS AS GESPECTS: ALL OPERATIONS ************************-*************************************************-**-***--********************-**-*****-*** *********************************************** ********************_______________L____*************************-*** CERTIFICATE HOLDER I CANCELLATIOh CITY OF CARLSBAD CITY CLERK lZO0 CARLSBAD VILLAGE DR CARLSBAD, CA ZIP CODE 9ZOOB SHOULD ANY OF THE ABOVE DESCRIBED PDLICIES BE CAhCELLED BEFORE THE EX- PIRATION DATE THEREOFt THE ISSUING COHPAKY WILL ENDEAVOR TO BAIL 30 DAYS WRITTEN hOTICE TO THE CERTIFICATE HOLDER NAHED TO THE LEFT* BUT FAILURE TO t!AI& SUCH NOTICE SHALL IHPOSE KD OBLIGATIDh LZABZl.ZTY OF ANY KIND COHPANY, ITS AGENTS OR REPRESENTATIVE -**m******m*-*- --***I-*---~~*~* TVnl ******-111*1**~*****_--- EPRESENTATIVE , STATE COMPENSATION P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 INSURANCE FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE JdiY Iti, 1390 POLICY NUMBER: CERTIFICATE EXPIRES: r li)Z27Oii - 90 I -I -31 cii:Y i)F CAI~LS~AU ATTd : ix-i-Y CLEi4K/CI i’l HALL 1 ZJti LAKLSi;kii i’ILiACc 1)iiivE iAi?LSUAD JOtl; ALL OPEilA-rIONS iiA , J2OUd t- This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the pol’icy period’indicated. This policy is not subject to cancellation by the Fund except upon te ays’ advance written notice to the employer. We will also give you TE! j ays’ advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. El,ji)(j;~.sjCqENT +zc]bs El,j L)ljiU/30 IS ArlkitlEi) TITLED i:ER-rIF I rir AbILl Fi)iiilS EMPLOYER r COAST MI~STE iWdAtiEdEiU P.0. dUX 947 ikliLSb5AJ iA 9;uuti L SCIF 10262 (REV. 10-66) CUTE HOLi)/iiiS' rJO1'IiE EFFECTlVE A PART OF Ti,is PotIZy, COPY FOR INSURED’S FILE OLD 262A I ’ iu:rBl!~~~ CEF?TIFICAT &” OF INSURANCE - ISSUE DATE (MMIDDIYY) 1 6/27/91 PRODUCER A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW SOLID WASTE INS. MGRS. P.O. Box 7072 COMPANIES AFFORDING COVERAGE Pasadena, CA. 91109 COMPANY LETTER A CALIFORNIA INS CO (IN01 COMPANY INSURED LETTER B CALIFORNIA INS CO (IN01 COMPANY LETTER C Coast Waste Management P. 0. Box 947 COMPANY LElTER D Carlsbad Ca 92008 COMPANY LETTER E COVERAGES 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. : co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDNY) ALL LIMITS IN THOUSANDS ’ A GENERAL LIABILITY OR9591497 7/01/91 7/01/92 GENERAL AGGREGATE X COMMERCIAL GENERAL LIABILITY $ 2000 ; PRODUCTS-COMPIOPS AGGREGATE $ 1000 CLAIMS MADE x OCCUR. PERSONAL & ADVERTISING INJURY 5 1000 X OWNER’S 8 CONTRACTOR’S PROT. EACHOCCURRENCE S 1000 I FIRE DAMAGE (Any one fire) s 50 ! MEDICAL EXPENSE (Any one person) $ ! 5 : B AUTOMOBILE LIABILITY OR9591497 7/01/91 7/01/92 $,:::"'" * X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY - . - -- - LIMIT 1000 BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY s DAMAGE EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER’S COMPENSATION AND EMPLOYERS’ LIABILITY OTHER EACH AGGREGATE OCCURRENCE 0 $ STATUTORY S (EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) 0 (DISEASE-EACH EMPLOYEE 3 DESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLESlSPEClAL ITEMS ’ RE: ALL OPERATIONS 10 DAY NOTICE OF CANCEUTION IN THE EVENT OF NON PAYMENT PREM/UM ’ CERTIFICATE HOLDER CANCELLATION ; CITY OF CARLSBAD i CITY CLERK 1200 CARLSBAD VILLAGE DR. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO I MAIL ?o DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ; LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. : I CARLSBAD, CA 92008 I A AUTHORIZED REPRESENTA , ’ ACORD 25-S (1 l/89) @ACORD CORPORATION 1989 i ----_.----“.-_-.- -----.~----,-- o- 0 .- STATE P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE JULY 10, 1991 POLICY NUMBER: 1023705 - 91 CERTIFICATE EXPIRES: 7-l-92 I- CITY OF CARLSBAD ATTN: CITY CLERK/CITY HALL 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 JOB: ALL OPERATIONS L This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the polic period indicated. $0 This policy is not subject to cancellation by the Fund except upon t#tidays’ advance written notice to the employer. 30 We will also give you T#y days’ advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. 6” /f- PRESIDENT ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07/10/91 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER r COAST WASTE MANAGEMENT P.O. BOX 947 CARLSBAD CA 92008 R L SCIF 10262 (REV. 10-86) OLD 262A - ,+ 1 < . 4 . 3 r.? . f z 1 . - REFUSE AND RECYCLABLES COLLECTION SERVICES CONTRACT AUGUST 1991 1 I , * . - -,- * : 4 . . - TABLE OF CONTENTS SECTION 1.0 WASTE COLLECTION SERVICES 1.1 Delivery of Services . . . . . . . . . . . . . . 1.2 Frequency of Collection . . . . . . . . . . . . . . 1.3 Hours of Collection . . . . . . . . . . . . . . . . 1.4 Holidays . . . . . . . . . . . . . . . . 1.5 Disposal of Soiid iaste . . . . . . . . . 1.6 Failure to Collect Refuse &'R&ciing Materials . 1.7 Hardship Cases ..... 1.8 Workerlike Performance' ..... 1.9 Collection Equipment ...... 1.10 Specifications ..... 1.11 Vehicle Identifica&' ..... 1.12 Cleaning 1.13 Maintenance ........... ........... SECTION 2.0 RECYCLING COLLECTION 2.1 Delivery of Services Marketing of Recyclables' .... 2.2 .... SECTION 3.0 ADDITIONAL SERVICES 3.1 City Services .......... 3.2 Special Collections ....... SECTION 4.0 COLLECTION SERVICES 4.1 Billing ............. SECTION 5.0 REPORTING REQUIREMENTS 5.1 Books, Records and Accounting . . 5.2 AB 939 Records ......... 5.3 Right to Inspect ........ 5.4 Audit .............. 5.5 Customer Relations Log ..... 5.6 Quarterly Reports ........ 5.7 City Inspections ........ SECTION 6.0 SERVICE RATES 6.1 Rates .............. 6.2 Unusual Cost Increases ..... 6.3 Rate Index ........... 6.4 Special Services ........ SECTION 7.0 CONTRACTOR FEES 7.1 Administrative Fee ....... 7.2 Franchise Fee .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l . . . . . . . . . . . . . . . . 7.3 AB 939 Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 2 3 3 3 3 3 4 4 4 4 5 5 5 7 7 8 8 9 9 9 10 10 10 11 11 12 12 12 12 13 , . . _. . _- . . * TABLE OF CONTENTS Page 2 SECTION 8.0 TERM OF CONTRACT 8.1 Term . . . . . . . . . . . . . . . . . . . . ...13 SECTION 9.0 STATUTES, ORDINANCES AND RESOLUTIONS 9.1 City Regulations . . . . . . . . 14 9.2 Immigration Reform'and'Con&ol'Act' . . . . . . 14 9.3 Provisions Required by Law Deemed Inierted . . . . 15 SECTION 10 INDEMNITY, INSURANCE AND BONDS 10.1 Indemnity ..................... 15 10.2 Insurance ..................... 16 10.3 Fidelity Bond ................... 17 10.4 Performance Bond ................. 17 SECTION 11.0 PERMITS AND LICENSES 11.1 Requirements . . . . . . . . . . . . . . . . . . . 17 SECTION 12.0 ASSIGNMENT 12.1 Sub-Contracting .................. 17 12.2 Sale of Ownership ................. 17 12.3 Delivery of Notices ................ 18 SECTION 13.0 EXCLUSIVENESS OF CONTRACT 13.1 Exclusivity .................... 18 13.2 Authorized Disposal ................ 18 SECTION 14.0 DEFAULT BY CONTRACTOR 14.1 Default......................19 SECTION 15.0 STRIKES 15.1 City Rights .................... 19 15.2 Reimbursement ................... 19 SECTION 16.0 REMEDIES 16.1 Arbitration ................... 19 16.2 Cost of Arbitration ................ 20 16.3 Attorney Fees ................... 20 SECTION 17.0 VERBAL AGREEMENT OR CONVERSATION 17.1 Nullification . . . . . . . . . . . . . . . . . . . 20 ’ \ - * - . ‘. REFUSE AND RECYCLABLES COLLECTION SERVICES CONTRACT This Contract entered into this ? day of &J&22-, 1991 by and between the CITY of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as "CITY1 and Coast Waste Management, Incorporated, aka Liberty Recycling, a division thereof, hereinafter referred to as VICONTRACTOR1l. WITNESSETH: WHEREAS, CITY is responsible for the provision of refuse and recyclables collection services to promote the safety, health and general welfare of its citizens; and WHEREAS, CITY may contract for such refuse collection services; and WHEREAS, CONTRACTOR is in the business of collecting and disposing of refuse and is now and can continue to provide the necessary refuse collection services to the citizens of Carlsbad; and WHEREAS, CONTRACTOR is in the business of collecting and marketing recyclable goods and is now, and can continue to provide the necessary collection of aluminum and bi-metal cans, glass jars and bottles, plastic P.E.T. and HDPE bottles and newspapers from residential, commercial and charitable organizations; and WHEREAS, CONTRACTOR is willing and able to add services to provide for collection of recyclable goods from residential, commercial, industrial and governmental buildings; and -_ WHEREAS, CITY wishes to contract with CONTRACTOR for such refuse collection and recycling services; and WHEREAS, CITY and CONTRACTOR agree that this Contract supersedes and rescinds that Refuse Collection Services Agreement between the parties dated March 16, 1990. THE PARTIES hereto do mutually covenant and agree as follows: SECTION 1.0 WASTE COLLECTION SERVICES 1.1 DELIVERY OF SERVICES: CONTRACTOR as an independent contractor and not an employee or agent of CITY, shall furnish all labor, equipment and materials for and shall make available to all persons residing or doing business at locations within the CITY limits, as it presently exists or as it exists in the future, the service of collection and disposal of refuse and collection and marketing of recyclable goods, subject to the terms and conditions of this Contract. 1.2 FREOUENCY OF COLLECTION: CONTRACTOR shall collect refuse and recyclables at least once per week from each residential unit. Refuse and recyclables shall be collected from residential customers on the same day. The collection schedule, and any changes thereto shall be submitted to the Utilities and Maintenance Director. Frequency of construction site, governmental, industrial and commercial refuse and recyclables collection shall be as agreed upon by the CONTRACTOR and the individual customers. h : ‘.. _ . - 1.3 HOURS OF COLLECTION: CONTRACTOR shall make refuse and recycling collections in residential areas after 7:00 a.m and before sunset. 1.4 HOLIDAYS: The following are designated as holidays for the purposes of this Contract: New Year's Day Labor Day Memorial Day Thanksgiving Independence Day Christmas Day (Customers scheduled for collection on a holiday shall be serviced on the following day and the balance of the schedule shall be adjusted accordingly.) 1.5 DISPOSAL OF SOLID WASTE: CONTRACTOR shall dispose of all refuse in a legal manner at a sanitary landfill, transfer station or other facility, at the direction of CITY. 1.6 FAILURE TO COLLECT REFUSE OR RECYCLING MATERIALS: Should CONTRACTOR fail to collect and dispose of refuse and recyclables set out for collection as agreed upon herein and fail to correct such situation within twenty-four (24) hours after receipt of notice thereof, CITY may collect and dispose of the refuse or recyclables and CONTRACTOR shall be liable for any and all expenses incurred. 1.7 HARDSHIP CASES: CITY reserves the power, by appropriate ordinance or resolution, together with administrative regulations, to provide for the omission of refuse collection and recycling services or fees to certain customers in hardship 3 I (_ \ ~ -. L _ . ‘. situations. CITY shall have sole authority to determine the circumstances which constitute hardship. 1.8 WORKERLIKE PERFORMANCE: CONTRACTOR shall perform all work in a responsible, responsive, sanitary and lawful manner. CONTRACTOR will be required to submit verification that employees have the right to work in the United States of America. CONTRACTOR shall, at all times, provide competent, sober, courteous uniformed personnel, and efficient, clean equipment. All collection personnel shall wear an identification tag on their exterior clothing. The tag shall include CONTRACTOR's name and the employee name. CONTRACTOR agrees to remove any employee for reasonable cause at the request of CITY. 1.9 COLLECTION EOUIPMENT: CONTRACTOR shall provide a fleet of vehicles sufficient in number and capacity to efficiently perform the work required by this Contract. CONTRACTOR shall have available on collection days sufficient back-up vehicles for each type of collection vehicle used to respond to complaints and emergencies. 1.10 SPECIFICATIONS: All vehicles used by CONTRACTOR in providing services shall be registered with the California Department of Motor Vehicles. All such vehicles shall have metal watertight bodies designed to prevent leakage, spillage or overflow. 1.11 VEHICLE IDENTIFICATION: CONTRACTOR's name, local telephone number shall be prominently displayed on the sides of each refuse collection vehicle, drop body and collection bin in 4 . . . . : letters at least four inches high. Recycling collection vehicles, bins, and other equipment shall be identified with a CITY approved logo and affixed in accordance with CITY specifications. 1.12 CLEANING: All vehicles shall be cleaned and washed at least once per week and will be maintained in an efficient, sanitary condition at all times. 1.13 MAINTENANCE: All refuse and recycling collection vehicles must be parked overnight on CONTRACTOR's premises. No on- street overnight parking shall be permitted. BECTION 2.0 RECYCLING COLLECTION 2.1 DELIVERY OF SERVICES: In addition to and separate from the service of weekly collection and disposal of refuse, CONTRACTOR agrees to provide residential recyclables collection and marketing services subject to the terms and conditions of the applicable sections of this Contract. A. CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, services and materials, including household recyclable containers, and perform all work necessary to operate in good and workerlike manner, all facets of a residential recycling project delineated in this Contract. It is understood and agreed that all said labor, services, materials, and equipment shall be furnished and said work performed and completed by CONTRACTOR as an independent Contractor, subject to the inspection and approval of the CITY acting through its Utilities and Maintenance Director or designated representative. CONTRACTOR 5 .* ’ .- I. .\ - . .’ C shall assume all risks for loss of or damage to tools or equipment owned/rented by the CONTRACTOR. B. CONTRACTOR agrees to provide weekly collection, as designated by CITY, of recyclable materials, including but not limited to, aluminum, glass, newsprint, paper, cardboard and plastic from refuse collection customers. C. CONTRACTORagrees to accurately record collection data sufficient to comply with the reporting requirements delineated in this Contract. D. CONTRACTOR shall provide and distribute containers, as appropriate to all residential recycling participants for the storage and collection of recyclables. Plastic recycling bins shall also be certified as "made of at least 15% post consumer and/or post industrial waste." E. CITY and CONTRACTOR hereto agree to work diligently to formulate promotional plans and/or advertising to encourage recycling in the CITY and thereby maximize the mutual benefits of this Contract. CITY shall review and approve all such promotional/advertising material produced by CONTRACTOR prior to its dissemination. CONTRACTOR shall conduct on-going promotion during the term of this Contract. F. CONTRACTOR shall begin collection for yard waste, multi-family residential, commercial and industrial customers as specified by CITY. G. CONTRACTOR shall, by March 1, 1992, submit a plan to implement a commercial/industrial recyclables collection program. 6 . _. . j - . The CONTRACTOR shall implement such a plan not later than 90 days from the date of approval of the plan by CITY. H. In particular, and without limitation on the foregoing, CONTRACTOR agrees to work diligently to meet, or enable CITY to meet, all conditions and obligations contemplated by Assembly Bill 939, Chapter 2. This may include, but is not limited to, diligent efforts by CONTRACTOR to help CITY meet the 25% waste stream diversion goal by 1995. CONTRACTOR shall assist CITY in developing programs and implementation schedules for any of the nine (9) components of the CITY's Source Reduction and Recycling Element. 2.2 MARKETING OF RECYCLABLES: CONTRACTOR shall provide markets for recyclables. All written Contracts, if any, with the processors, recyclers or other buyers of recyclable goods shall be submitted to the CITY. SECTION 3.0 ADDITIONAL SERVICES 3.1 CITY SERVICES: CONTRACTOR shall provide at no cost to the CITY, refuse and recyclables collection services CITY facilities as designated by the Utilities and Maintenance Director. A. CONTRACTOR shall provide at no cost to CITY, 40 cubic yard bins, as required, for each of the Clean-up Campaigns in areas designated by the Utilities and Maintenance Director. Bins are to be removed by CONTRACTOR within three (3) days after the end of each Clean-up Campaign Week. B. CONTRACTOR shall provide at no cost to CITY, 40 cubic yard bins, as required, for the Annual Christmas Tree Recycling 7 . ; ‘: . - . . . Program. These bins are to be removed by CONTRACTOR within three (3) working days after the end of the program. 3.2 SPECIAL COLLECTIONS: CONTRACTOR shall provide services for special collections (i.e. discarded household items which cannot be accommodated in the regular residential refuse collection service), free of charge to customers. One day per quarter will be designated as special collection day. Additional collections requested by customers will be on a fee basis. SECTION 4.0 COLLECTION SERVICES 4.1 BILLING: CITY shall provide billing services and normal collection for both the refuse and recycling services for residential customers who are billed for sewer and/or water services by CITY. All other customers shall be billed by CONTRACTOR. With thirty (30) days written notice to CONTRACTOR, I CITY may determine to have either CITY or CONTRACTOR bill any or all of the refuse and/or recycling customers. Billing shall be administered in accordance with the billing system and at such frequency for billing established by Carlsbad for the collection of water and sewer charges. Provided, however, that Carlsbad shall have the right to refuse to handle billings and collections with respect to any accounts which, in the opinion of Carlsbad, would be difficult or inconvenient to handle through its system. A. All collections for past due accounts for refuse and recycling services shall be the responsibility of CONTRACTOR unless CITY assumes the entire billing and collection responsibility. . . . * . . CITY may forward collection information to customers in the bill at the option of CITY. B. CITY's billing and collection records and books shall be open to inspection by CONTRACTOR. Copies of records shall be provided at CONTRACTOR'S expense. CONTRACTOR'S billing and collection records and books shall be open to inspection by CITY. Copies of records shall be provided at CITY's expense. SECTION 5.0 REPORTING REQUIREMENTS 5.1 BOOKS, RECORDS AND ACCOUNTING: CONTRACTOR shall keep true and accurate records, books and accounts of all business conducted, money received, accounts payable and cash disbursements by reason of its performance of its obligations herein. These records, books and accounts shall be kept separate from any books or accounts for the CONTRACTOR'S services and business operations performed outside the CITY limits. Separate books and accounts shall be maintained for the refuse collection program and the recycling program. 5.2 AB 939 RECORDS: To assist CITY in meeting the requirements of AB 939, the California Integrated Waste Management Act of 1989, CONTRACTOR shall record on a daily basis the quantities of solid waste collected. CONTRACTOR also agrees to cooperate with CITY on waste composition studies. 5.3 RIGHT TO INSPECT: CITY shall have the right to inspect or review the specific documents or records required pursuant to this Contract, or any other similar records or reports of CONTRACTOR which CITY shall deem, at its sole discretion, 9 necessary to evaluate annual reports, rate modifications and CONTRACTOR's 5.4 as requested 5.5 at all times, performance. AUDIT: CONTRACTOR shall agree and submit to audit, by CITY. CUSTOMER RELATIONS LOG: CONTRACTOR shall maintain, a correspondence log in which all written and verbal communications, including complaints from customers, shall be recorded and stored. These records shall be made available to CITY upon request. 5.6 QUARTERLY REPORTS: CONTRACTOR shall forward to the Utilities and Maintenance Director, a report on a quarterly basis in January, April, July and October which will include the following information concerning the previous three months activities for construction site, commercial and residential refuse and recycling collection: A. Number of complaints listed by type of complaint; i.e., litter, missed pickup, quality of service, etc. B. Average number of customers served per month categorized as to residential and commercial. C. Average gross receipts per month, categorized as residential and commercial refuse service, residential and commercial bin service, curbside recycling service and recycling buyback center. D. Any significant problems or anticipated future problems relating to refuse collection in CITY. 10 . . k . 4 J 7 j _ . . - E. A quarterly total of lbs./ton of recyclables collected, by type, from residential curbside collection. F. A guarterlytotalof lbs./ton of recyclables collected from all other sources, by type. G. Total revenues derived from the sale of all recyclable materials, by type and source. 5.7 CITY INSPECTIONS: All performance, which includes services, materials, supplies and equipment furnished or utilized in the performance of this Contract, and workmanship in the performance of services shall be subject to inspection and approval by the CITY at all times during the term of this Contract. CONTRACTOR shall cooperate with any Inspector assigned by CITY to permit the Inspector to determine CONTRACTOR's conformity with these specifications and the adequacy of the services being contractually provided. All inspections by CITY shall be made in such a manner as not to unduly interfere with CONTRACTOR's performance. SECTION 6.0 SERVICE RATES 6.1 RATES: CONTRACTOR agrees to accept from customers as full and complete compensation for the complete collection and disposal of refuse, including all recyclable materials, the rates as established from time to time by resolution of the City Council. A. Income from recycling materials, if any, shall not, for the purposes of this Paragraph, be considered llCompensation for the complete collection and disposal of refuse." 11 6.2 UNUSUAL COST INCREASES: CITY and CONTRACTOR recognize that from time to time certain expenses, some of which are enumerated below, increase at rates substantially in excess of that contemplated by the parties. CITY and CONTRACTOR further agree that in event that any such increases should occur, CONTRACTOR may apply to CITY for a rate increase in proportion of said unusual expense increase, i.e. disposal site fees, fuel and labor. 6.3 RATE INDEX: CITY recognizes that rates are related in part to the cost of doing business, including disposal site fees set by the County of San Diego, the cost of fuel, maintenance, salaries and insurance. Therefore, CITY and CONTRACTOR agree to obtain the services of a consultant for the development of a rate index study. The cost of the consultant services will be shared equally by CITY and CONTRACTOR, with CITY's portion not to exceed $7,500. CITY shall prepare and issue the Request for Proposals for consultant services. The City Council shall have discretion in approving or disapproving changes in the rate structure. 6.4 SPECIAL SERVICES: CITY recognizes that CONTRACTOR must provide special or out of the ordinary services and must be compensated accordingly, therefore, CONTRACTOR is authorized to provide these services and to determine the appropriate compensation, however, all such cases shall be submitted to CITY for approval prior to the delivery of service. SECTION 7.0 CONTRACTOR FEES 7.1 ADMINISTRATIVE FEE: CONTRACTOR agrees to pay CITY a sum of money equal to CITY's actual billing costs. CITY will 12 . \ , . . ‘. % - . . submit an invoice for these charges to CONTRACTOR on a quarterly basis. Thereupon, CONTRACTOR must remit payment within twenty (20) working days. 7.2 FRANCHISE FEE: In consideration of the exclusive right, duty and privilege to collect, remove, dispose and retain all refuse generated within the CITY, CONTRACTOR shall pay to CITY, each month, a sum equal to two and one-half percent (2.5%) of total gross receipts arising out of business in Carlsbad. The said sum shall be payable not later than the 10th day of the each month following collection of same. Thereafter, on March first of every year, the Franchise Fee will increase .5% a year for each year the Contract remains in force, until a maximum Franchise Fee of seven and one-half percent (7.5%) is attained. Thereafter, CONTRACTOR shall monthly pay CITY a Franchise Fee of seven and one-half percent (7.5%). CONTRACTOR shall keep full, complete and proper books, records and accounts of all gross sums collected. Said books, records and accounts shall at all reasonable times be open to inspection by CITY or CITY's designated representative or agent. 7.3 AB 939 SERVICE FEE: CONTRACTOR shall submit to CITY all revenues collected through CONTRACTOR's billing services, which are designated as AB 939 Service fees, in accordance with fee structure established by CITY, from time to time, by Resolution. SECTION 8.0 TERM OF CONTRACT 8.1 TERM: The term of this Contract shall commence on August 1, 1991 and shall continue for nineteen (19)months until February 28, 1993. Contract shall renew automatically thereafter 13 . \’ _ _ : : _* l . \ - . year to year subject to the right of either party to terminate for any reason on the anniversary date, upon 180 days written notice, preceding that date. CONTRACTOR expressly waives any and all rights under Section 4272 of the Health and Safety Code and agrees that the term will be governed solely by this Contract. SECTION 9.0 STATUTES, ORDINANCES & RESOLUTIONS 9.1 -REGULATIONS: This Contract is subject to all CITY ordinances and resolutions, both present and future. To the extent they regulate the subject matter of this Contract, said CITY ordinances and resolutions shall bind the parties hereto and shall bind each of the parties hereto and are by this reference incorporated herein at the time the ordinance and/or resolution is signed. A. This Contract is further subject to pre-emptive laws, ordinances and/or resolutions of the United States, State of California, and the subdivisions and agencies thereof. To the extent that they regulate the subject matter of this Contract, said statutes, ordinances, and resolutions shallbindthe parties hereto and shall bind each of the parties hereto and are by this reference incorporated herein. B. CITY and CONTRACTOR agree to negotiate in good faith to attempt to alter the terms and provisions of this Contract to meet the spirit and letter of future legislation by federal, state, and/or local governments. 9.2 IMMIGRATION REFORM AND CONTROL ACT: CONTRACTOR shall be aware of and comply with all Federal, State, County and City 14 Statutes, Ordinances and Regulations, including Workers' Compensation laws (Division 4, California Labor Code) and the '@Immigration Reform and Control Act of 1986" (SUSC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 9.3 PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, this Contract shall forthwith be physically amended to make such insertion or correction. SECTION 10.0 INDEMNITY, INSURANCE AND BONDS 10.1 INDEMNITY: CONTRACTOR shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless CITY, and its agents, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of CONTRACTOR to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of CITY; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this 15 _ I. . . . -,. .c ‘j _ - . * r * a. . Contract, unless the loss or damage was caused solely by the active negligence of CITY. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 10.2 INSURANCE: Without limiting CONTRACTOR's indemnification, it is agreed that CONTRACTOR shall maintain in force at all times during the performance of this Contract, a policy or policies of liability insurance in an amount of at least $l,OOO,OOO combined single limit covering its operations, including coverage for contractual liability, and all other liabilities set- forth herein. A. CONTRACTOR's liability insurance policies shall contain the following clauses: 1. "The City of Carlsbad is added as an additional insured as respects operations of the named insured performed under contract with the CITY." 2. "It is agreed that any insurance maintained by the CITY shall apply in excess of and not contribute with, insurance provided by this policy." B. All insurance policies required by this paragraph shall contain the following clauses: 1. "This insurance shall not be canceled, limited or non-renewed until after thirty (30) days written notice has been given to the CITY." 16 . .( \ . - . r c .I - . . . - 2. "The insurer waives any rights of subrogation it has or may have, against the CITY or any of its officers or employees.tt C. Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the City Clerk and the Risk Manager prior to the effective date of this Contract. 10.3 FIDELITY BOND: CONTRACTOR will provide CITY with a Blanket Fidelity Bond in the amount of at least $100,000 covering all employees of CONTRACTOR. 10.4 PERFORMANCE BOND: CONTRACTOR shall secure a surety bond in the penal sum of $50,000.00 conditioned upon the faithful performance of this Contract. The proof of bonding shall be delivered to CITY and be kept in full force at all times by CONTRACTOR. SECTION 11.0 PERMITS & LICENSES 11.1 REOUIREMENTS: CONTRACTOR shall maintain all required City, County and State permit(s) and licenses to operate at the expense of CONTRACTOR. SECTION 12.0 ASSIGNMENT 12.1 SUB-CONTRACTING: CONTRACTOR or CITY may assign or sub-contract portions of the work within this Contract only after obtaining approval from the City Council. 12.2 SALE OF OWNERSHIP: It is mutually agreed that the personal qualifications of the parties controlling the corporation named herein as CONTRACTOR are a part of the consideration for the 17 c * .I . c - , rr -* ‘- - . 5 , _.‘ - * granting of this Contract and said parties do hereby agree to maintain active control and supervision of the operations of the corporation. No assignment or transfer, pledge, encumbrance or sale, voluntary or involuntary, in whole or in part of said corporation or the Contract or any interest therein, and no contract for the management and operation of the corporation or the Contract shall be valid or effective without the consent of CITY. CONTRACTOR requests for consent shall not be unreasonably withheld by CITY. 12.3 DELIVERY OF NOTICES: All notices to either party shall be deemed received twenty-four (24) hours after their deposit in the United States mail, postage prepaid, addressed to the Utilities 61 Maintenance Department at 2075 Las Palmas Drive, Carlsbad, California 92009, copy to City Manager at 1200 Car&bad Village Drive, Carlsbad, California 92008, to CONTRACTOR at 5960 El Camino Real, Carlsbad, California 92009, as is applicable. SECTION 13.0 EXCLUSIVENESS OF CONTRACT 13.1 EXCLUSIVITY: So long as this entire Contract is in full force and effect, CITY shall not enter into any Contract with any other agent for the purpose of performance of any of CONTRACTOR'S obligations herein, except as provided in the recycling portions of the Contract. 13.2 AUTHORIZED DISPOSAL: Tree trimmers, gardeners, contractors, subcontractors, and other persons operating a separate business, shall be entitled to dispose of the grass clippings, prunings, and small loads of construction material, etc., which 18 . 6 m *, . - I. -,.. .* .+ _ -1 , c ; * .*- * D they generate in their separate businesses, only when the items can be discarded at the end of each working day and without the use of refuse bins or equipment. SECTION 14.0 DEFAULT BY CONTRACTOR 14.1 DEFAULT: In the event CONTRACTOR fails for any reason whatsoever to perform any obligations within this entire Contract, CITY will give CONTRACTOR ten (10) days written notice of default from CITY. If CONTRACTOR has not made corrections to the satisfaction of CITY, CITY may, at its sole option terminate this entire Contract or a portion of the Contract for cause. If CITY sustains any cost or expense by reason of any default by CONTRACTOR, CONTRACTOR shall pay the amount thereof to CITY. SECTION 15.0 STRIKES 15.1 CITY RIGHTS: In the event CONTRACTOR is prevented from performing any services, or is interrupted in the performance of any services by reason of any strike or other labor action, CITY may, at no cost to CITY, use CONTRACTOR'S equipment of providing citizens of CITY refuse collection services during the continuance of the strike. for the purpose and recycling 15.2 REIMBURSEMENT: CONTRACTOR shall pay to CITY a pro rata share of the fees collected for any period during which CITY provides such service. The share of fees to be paid shall be determined by CITY. SECTION 16.0 REMEDIES 16.1 ARBITRATION: Any disagreement between the parties involving the construction or application of any of the terms, 19 . * . c .+ .I )” t ,x* + \ *< *F t c _ <I‘ * t covenants, or conditions of this Contract, may, upon the written request of one party served to the other be submitted for arbitration. Any actions of arbitration shall comply with, and be governed by, the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. 16.2 COST OF ARBITRATION: All cost of arbitration shall be borne by the losing party or in such proportions as the arbitrator shall decide. 16.3 ATTORNEY FEES: In addition to the provisions above, if legal action or arbitration is required to enforce the terms of this Contract, the prevailing party shall be entitled to reasonable attorney fees. SECTION 17.0 VERBAL AGREEMENT OR CONVERSATION 17.1 NULLIFICATION: No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein verbal agreement or conversation entitle additional payment whatsoever under the terms /n contained, nor such CONTRACTOR to any of-this Cosract. City Attorney By: Secretary 20 i AeQDlm CERTIFICA’I’- OF INSURANCE - I ISSUE DATE (MMIDDIYY) j 6/24/92 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, i i j Solid Waste Ins. Mgrs. 6 P.O. Box 7072 : Pasadenar CA. 91109 ! 3 j INSURED 1 Coast Waste Management / P. 0. Box 947 j Cartsbad Ca 92008 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A CALIFORNIA INS CO (IND) COMPANY LETTER B CALIFORNIA INS CO (IND) COMPANY LETTER C COMPANY LETTER D 1 : COVERAGES COMPANY LETTER E a-- f-Al TFnR#IA JNI CO (l&D1 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. : co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) ALL LIMITS IN THOUSANDS i A GENERAL LIABILITY OR9127638 7,o1,92 7,o1,93 GENERALAGGREGATE 5 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE 5 2000 j 1000 : X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS x NON-OWNED AUTOS GARAGE LIABILITY CLAIMS MADE x OCCUR. PERSONAL & ADVERTISING INJURY $ 1000 ; X OWNER’S & CONTRACTOR’S PROT. EACHOCCURRENCE $ 1000 i FIRE DAMAGE (Any one fire) $ 50 i MEDICAL EXPENSE (Any one person) $ ’ AUTOMOBILE LIABILITY B OR9127638 7/01/92 7/01/93 :i%~'" s -...--- _ LIMIT 1000 BODILY INJURY s (Per person) BODILY INJURY 5 (Per accident) EXCESS LIABILITY PROPERTY S DAMAGE EACH AGGREGATE OCCURRENCE 5 5 OTHER THAN UMBRELLA FORM WORKER’S COMPENSATION AND EMPLOYERS’ LIABILITY STATUTORY S (EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) 5 (DISEASE-EACH EMPLOYEE E OTHER OR9127638 PHYSICAL DAMAGE DESCRIPTION OF OPERATlONSlLOCATlONS/VEHlCLESlSPEClAL ITEMS RE: ALL OPERATIONS 7fOlf92 7fOlf93 $1,000 OED F&T %lrOOO DED COMP OltOOO DED COLL 10 DAY NOTKXOF CANCELlATiON IN THE EVENT OF NON PAYMENT PREWM -------- ~~.-s.eI-~xs.y_-u---. .-, CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD CITY CLERK 1200 CARLSBAD VILLAGE DR. CARLSBAD, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EN’ZEAVOR TO 1 MAIL ~DAYS WRITTEN NOTICE ~0 THE CERTIFICATE HOLDER NAMED To THE j LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ; LIABILITY OF ANY KIND UPON THE CO i---l_lii___ll--l--.--.--- ---1- AUTHORIZED REPRESENTATIVE ACORD 25-S (11189) o- 0 h NAMFD INSURE& Coast Waste management, Inc. North County Disposal (Inactive) Liberty Recycling Dirt King, Inc. De1 Mar Recycling ADJ Enterprises Liberty Contractors Storage Yard Standard Feeding, Inc. STATE COMPENSATION - -s. P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 INSURANCE FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE POLICY NUMBER: 1023705 - 92 ISSUE DATE: 07-01-92 CERTIFICATE EXPIRES: 07-01-93 CITY OF CARLSBAD JOB: ALL OPERATIONS ATTN : CITY CLERK CITY HALL 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California lnsurancc Comml ss!cner to the employer named below for the policy period indicated. This poltcy is not subject to cancellation by the Fund except upon 30days’ advance written notice to the employer. We will also give you 33 days’ advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requtrement. term, or condition of any contract or other document with respect to which thus certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herern is subject to all the terms, exclusions and conditions of such policies. PRESIDENT EMPLOYER’S LIABILITY LIMIT: $3,000,000.00 PER OCCURRENCE. ENDORSEMENT #2OB5 ENTITLED CERTIFICATE HOLDERS’ NOTICE EFFECTIVE 07/01/92 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEGAL NAME COAST WASTE MANAGEMENT INC. C/O BRIAN WRIGHT P.O. BOX 85488 SAN DIEGO CA 92186 SD COAST WASTE MANAGEMENT INC. A CORPORATION AND/DR DIRT KING INC, A CORPORATION AND/OR NORTH COUNTY DISPOSAL INC. A CORP AND;DR STANDARD FEEDING COMPANY; INC. PRINTED: 06-20-92 PO408 fi v LD -- ISSUE DATE (MM/DD/YY) PRODUCER Solid kaste Ins. Mgrs. DOESNOTAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHE POLICIES BELOW. P.G. Box 7072 Pasadena, CA. 91105 COMPANIES AFFORDING COVERAGE COMPANY A LETTER Industrial Indemnity INSURED Coast h+aste Management COMPANY B LElTER Industrial Indemnity :%kNy c P. 0. 80x 547 D Carlsbad Ca 52018-0947 ~;o~Ny COMPANY E LETTER mm4Acam * .,, -j_ ,_ f _, “i .:- ‘. 1 _,i; :..’ -:, 7, a :_-, “>I., ,.A..,?* :1-- _, r Y;,c,; ,I>’ + I _:j. ; ,-.i ” , - :_ ., , ” :.. ,:< ” ; _ ) ;. ,.,,; ,y’s-:: ,-,, +, _, I (,, / _ “6, . ‘,‘..,~.,>.‘_,/_ T_.. r , “, ;;.:“,T,‘i -l;,:, “,“, :” _,. .. , : : , _I :l THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS&ED 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. co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS A QENERAL LIABILITY TR9129668 7/01/93 7/o l/5 + GENERAL AGGREGATE a 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. $ 1000000 CLAIMS MADE x OCCUR. PERSONAL & AOV. INJURY $ 1000000 x OWNER’S 8 CONTRACTOR’S PROT. EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 50000 MED. EXPENSE (Any one person) $ 5000 ~ R AUTOMOBILE LIABILITY TR9129668 7/01/93 S 1000000 ~ x ANY AUTO 7 / 0 1/ ci 4 ;,C$$3lNED SINGLE ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACHOCCURRENCE $ UMBRELLA FORM AGGREGATE s OTHER THAN UMBRELLA FORM WORKER’S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE-POLICY LIMIT $ EMPLOYERS’ LIABILITY DISEASE-EACH EMPLOYEE $ OTHER RE: ALL OPERATIONS OF THE NAMED INSURED AS RESPECTS RUBBISH kAULING 10 DAY NOTICE OF CANCEUATION IN THE EVENT OF NON PAYMENT PREMtUM CITY OF CAKLSBAD CITY CLERK 1200 CARLSBAD VILLAGE CR. CAkLSBADv CA 52008 ’ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ” EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ._ MAIL -AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ” LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. l- 8 Named Insured Coast Waste Management, Inc. Arie De Jong, Jr., & Anna De Jong, Individually as Trustees of the De Jong Family Estate DBA: DBA: DBA: DBA: DBA: DBA: DBA: DBA: North County Disposal Inc. (Inactive as of 4/30/91) Liberty Recycling Dirt King Inc. De1 Mar Recycling Coast Waste Management, Inc. A D J Enterprises Liberty Contractors Storage Yard Standard Feeding, Inc. POLICY NUMBER: As per certif AUTHORIZED REPRESENTATIVE: - AMI IncorDorated 420 S. Broidway P. 0. Box 996 Escondido, CA 92033 AD POLICIES BELOW. . COMPANIES AFFORDING COVERAGE f$$iw A Industrial Indemnity INSURED - ??I%- Coast Waste Management, Inc. ggy c Liberty Recycling P.O. BOX 947 k%i?ir D Carlsbad, CA 92018-0947 y&iw E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED, NOTWlTHSTANDlNG ANY REQUIREMENT, TERM OR CONDlTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSlONS AND CONDlTlONS OF SUCH POLICIES. LlMlTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER FzigfE~ Z(FG unm AUTCMOSILE UASlUlY ANY-AUTO ML OWNED AUTO3 SCHEDULED AUTOS HIRED AUTOS I - NON-OWNED AUTOS GAME LlARlLlM EKCESB uAwJTY OTHER THAN UMBRELLA FORM WORKER’S COWERSAllON A AND RR9605363 EMPLOYERS LIABILITY OTHER 07lOll93 t GENERAL IGGREGATE 1 S PRODUCTS.COMPlOP AGG. S PERSONAL & ADV. INJURY i S 1 EACHOCCURRENCE t S FIRE DAMAGE (Any OM flm) S MED. EXPENSE (Any one pmun) S ff$BlNED SINGLE S BODlLY INJURY (PM l=w I BODILY INJURY P= -1 1 PRWERTY DAMAGE Is EACH OCCURRENCE S AGGREGATE s DESCRWlON OF OPERAT~ONM.OCAT~OMSNEHKXES~SPEC~AL ITEMS All operations of the named insured in California. CITY OF CARLSBAD CITY CLERK 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-1949 SHOULD ANY OF THE ABOVE DESCRIBED POLlClES BE CANCELLED BEFORE THE EXPIRATKIN DATE THEREOF, THE ISSUING COMPANY WILL F MAIL %!m DAYS WRlTTEN NOTlCE TO THE CERTlFlCATE HOLDER NAMED TO THE . L. L - A~~I!IB, m[FICB”FL, ()F ll+&&l~~~~ ISSUE DATE (MMIDDIYY) ‘t PRODUCER’ Solid haste Ins. Mgrs. P.I;. 50x 7c7z Pasadena, CA. 91105 INSURED COMPANY LETTER B CALIFORNIA INS. CO. (CGREGIS) COMPANY Coast hraste FanageFent LETTER C P. 0. Box 947 COMPANY Car lsbad Ca 92C18-0947 LETTER D 7/07/94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOESNOTAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A CALIFORNIA INS. CO. (CCREGIS) COMPANY LETTER E 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. :0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION TR DATE (MM/DD/YY) DATE (MMIDDIYY) LIMITS t GENERAL LIABILITY TR9131315 7/01/94 7 / 0 I/ 9 5 GENERAL AGGREGATE 5 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. $ 1.000000 CLAIMS MADE x OCCUR. PERSONAL 8 ADV. INJURY $ 1000000 X OWNER’S & CONTRACTOR’S PROT. EACHOCCURRENCE $ 100000~ FIRE DAMAGE (Any one fire) $ 50000 9 AUTOMOBILE LIABILITY X ANY AUTO TR3131318 MED. EXPENSE (Any one person) $ 5000 7/01/94 7/01/95 COMBINED SINGLE $ 1O00O00 LIMIT ALL OWNED AUTOS SCHEDULED AUTOS x HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER’S COMPENSATION AND EMPLOYERS’ LIABILITY OTHER BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE $ EACHOCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ 10 DAV NOTlCE OF CANCELLATW lN -j-HE EVENT OF NON PAYMENT PRal+f IESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLESlSPEClAL ITEMS ;tE: ALL QPERATIUNS OF TI-IE NAMEU INSURED AS RESPECTS RUBBISH HAULING :ERTIFICATE HQLDER CANCELLATION SHOULD ANY 0~ THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF CARLSBPO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY CLEEK MAIL 3o - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1200 CAELSFiAD VILLAGE CP. LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR CAFLSBAD, CA aZC:Oe LIABILITY OF ANY KI N THE COMPANY, ITS ENTS OR REPRESENTATIVES. AIJTHORIZED REPRESE IV . kCORD 25-5 (tBl) qpY@Hii& OACOR CORPORATfON 19% I- lc' v - . l \ - Named Insured Coast Waste Management, Inc. Arie De Jong, Jr., & Anna De Jong, Individually as Trustees of the De Jong Family Estate DBA: DBA: DBA: DBA: DBA: DBA: DBA: DBA: . North County Disposal Inc. (Inactive as of 4/30/91) Liberty Recycling Dirt King Inc. De1 Mar Recycling Coast Waste Management, Inc. A D J Enterprises Liberty Contractors Storage Yard Standard Feeding, Inc. POLICY NUMBER: As per certificate AUTHORIZED REPRESENTATIVE: THIS CERTIFICATE AMURobert CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. F. Driver Co., Inc. 4u) S. Broadway P. 0. Box 996 Escondido, CA 92033 Coast Waste Management, Inc. Liberty Recycling PO Box 947 Carlsbad, CA 92008 THIS IS TO CERTIFY THAT THE POLlClES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDlTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHlCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE :NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDlTlONS OF SUCH POLICIES. LlMlTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. E4 TYPE OF INSURANCE POUCY FJIJMBEB PDUCY EFFECllVE POuCYExPlRAllOu DATE (MM/ODPPI) DATE (MM/DD/W) ums QENERAL UABlUlV GENERAL AGGREGATE s COMMERClAL GENERAL LIABILITY PRCWCTS-COMPtUP AGG. S CLAIMS MAOE~ OCCUR. PERSONAL A ADV. INJURY S OWNER’S & CONTRACTORS PROT EACH OCCURRENCE s FIRE DAMAGE (Any one fhe) S MED. EXPENSE (Any one pmon) S AUTOMOBILE UASIUN COMBINED SINGLE ANY AUTO LIMIT s ML OWNED AUTOS BODILY INJURY SCHEDULED ALlTOS Per penon) t HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per t&dent) s GAWE LIABILITY PROPERTY DAMAGE s EACH OCCURRENCE s OTHER THAN UMBRELLA FORM WORKER’S COW’ENSAllON STATUTORY LIMITS A AND RB95%137 07/oll94 07/01/95 EACH ACCIDENT s ww~ DISEASE-POLICY LIMIT s EMPLOYERS’ UASIUTY 2,000~000 DISEASE-EACH EMPLOYEE S 2,000,ooo OTHER DESCWPTION OF OPEAITK)NBILOCATK)NEHlCLWSPEClAL ITEMS ALL OPERATIONS OF NAMED INSURED I-N STATE OF CALIFORNIA CITY OF CARLSBAD CITY CLERK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATICN DATE THEREOF, THE ISSUING COMPANY WILL m MAIL 30 DAYS WRll-fEN NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1200 CARLSBAD VILLAGE DR. CARLSBAD, CA 92008-1949 ~pJ%+-- - THE CONTINENTAL lNSURANCE COMR FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY BOSTON OLO COLONY INSURANCE COMPM COMMERCLAL INSURANCE COMPANY OF NEWARK, NJ. PHOENIX ASSURANCE COMPANY OF NEW YORK NIAGARA ‘FIRE INSURANCE COMPANY NATIONAL-BEN FRANKUN INSURANCE COMPANY OF WNOIS THE FIDELITY AND CASUALTY COMPANY OF NEW YORK NATiONALflEN FRANKLIN INSURANCE COMPANY OF MICHIGAN TRE BUCKEYE UNION INSURANCE COMPANY THE GLENS FALLS INSURANCE COMPANY rCity of Carlsbad 1200 Carlsbad Village Drive 'Carlsbad, CA 92008 l- *’ I January 9, 1995 RE:‘PAINCIPAL COAST WASTE MANAGEMENT AOORESS P.O. Box 947, Carlsbad. CA 92008 BONO NUMBER AMOUNT BND 370 09 51 s 10,000.00 EFFECTIVE DATE TYPE OF BONO Dear Sirs: We. THE CONTINENTAL INSURANCE COMPANY . Surety on the above described bond. do hereby cancel the said bond. such termi- nation to become effective m-31-95= qxxx~lrPt~~lc~x~~x~ yo2.T tr.ltr ..“.J. Please Verify Cancellation. A Return Envelope is tnclosed for your conveni ence. THE CONTINENTAL INSURANCE COMPANY COMPANY If you have any questions, please give us a call at 714/572-3056 cc: Agent Principal 80ND 43100 CANCELLATION NOTICE Printed m U S E.’ * G+=+T+- # THE CONTINENTAL INSURANCE COMP, */$~&R~~;yh KANSAS CITY IRE AE. . FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY BOSTON OLD COLONY INSURANCE COMPANY COMMERCIAL INSURANCE COMPANY OF NEYVARK, N.J. PHOENIX ASSURANCE COMPANY OF NEW YORK NlAGARA FIRE INSURANCE COMPANY NATKINAL-BEN FRANKLIN INSURANCE COMPANY OF ILLlNOIS THE FIDELITY AND CASUALTY COMPANY OF NEW YORK NATIONAL-BEN FRANKLIN INSURANCE COMPANY OF MICHIGAN THE BUCKEYE UNION INSURANCE COMPANY THE GLENS FALLS INSURANCE COMPANY r City of Carlsbad 1200 Carlsbad Village Drive 'Carlsbad, CA 92008 l- I , I January 9, 1995 I -I RE: PRINCIPAL COAST WASTE MANAGEMENT ADDRESS P.O. BOX 947, Carlsbad, CA 92008 BOND NUMBER AMOUNT BND 370 09 51 s 10,000.00 EFFECTIVE DATE TYPE OF BOND January 29, 1988 Permit Dear Sirs: We. THE CONTINENTAL INSURANCE COMPANY Surety on the above described bond. do hereby cancel the said bond. such termi- nation to become effective 03-31-95 l tix~xRa~8ti~Kdxti~xk~ LGM:do Yours truly. Pl ease Verify Cancel 1 ation. THE CONTINENTAL INSURANCE COMPANY A Return EnveJoDe is Enclosed COMPANY for your convenience. If you have any questions, pi ease give us a call at 714/572-3056 ayL Y&y&PIE ee . artin cc: Agent Principal BOND 43100 CANCELLATION NOTICE Printed In LJ.S February 24, 1995 I 1 CllYOFCARlSBAD CITYCLERK'SOFFICE TO: ASSISTANT CITY CLERK FROM: Administrative Services / Projects Manager Here are the original, new documents from Coast Waste Management. AMES C. HAG COAST WASTE MANAGEMENT, INC. PHONE: (619) 929-9400 5960 EL CAMINO REAL, P.O. BOX 947, CARLSBAD, CALIFORNIA 92016-0947 (619) 452-9810 FAX: (619) 931-0219 February 21, 1995 James C. Hagaman Administrative Services/Projects Manager City of Carlsbad 405 Oak Avenue Carlsbad, CA 92008-3009 RE: Contract Compliance Requirements Dear Mr. Hagaman: Enclosed you will find the required updated documents as per your request in your letter to Conrad Pawelski dated January 31, 1995: 1. Surety Bond increased from $10,000 to $50,000. 2. Blanket Fidelity Bond in the amount of $100,000. This particular bonding coverage has been included in our general liability insurance policy with limits of $25,000 which we have now increased to $100,000. This is reflected as listed coverage on the existing Certificate of Insurance on file with the City of Carlsbad. Should you have any questions regarding these changes, please feel free to contact me at your earliest convenience. Thank you. II Sincerely, Margar?A. Bierd Corporate Secretary /mb Encls: A SATISFIED CUSTOMER IS OUR FIRST CONSIDERATION ‘r c . ‘I PERMIT BOND Bond No. 2698-CS Premium $1 ,OOO.OO KNOW ALL MEN BY THESE PRESENTS, that we COAST WASTE MANAGEMENT. INC., as Principal and FRONTIER PACIFIC INSURANCE COMPANY, a corporation authorized to transact general surety business in the State of California, as Surety, are held and firmly bound unto the Department of Public Works, City of Carlsbad, California, in the penal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50.000.00~ for payment of which well and truly to be made we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has applied to the Director, Department of Public Works, City of Carlsbad, California, for a permit to collect or transport garbage or rubbish and tenders this bond to comply with the provisions of Section of Ordinance No 6045 & 6046. NOW THEREFORE, if the above bounden Principal shall well and truly comply with Ordinance No. 6045 & 6046 then this bond shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the Surety herein shall have the right to withdraw as Surety from this bond and may do so by giving the said Principal and the Department of Public Works of the City of Carlsbad of the sixty (60) days written notice to that effect, and at the end of the said sixty days period of notice, the liability of the Surety except as to any liabilities or indebtedness already incurred or accrued, shall cease, and said bond shall thereupon terminate and be of no more force or effect. IT IS FURTHER PROVIDED, that the aggregate liability of the Surety hereunder shall not exceed the penal sum of this bond. IN WITNESS WHEREOF, the Principal and Surety have hereto set their signatures this 17th Day of February, 1995. COAST WASTE MANAGEMENT. INC. FRONTIER PACIFIC INSURANCE COMPANY Surety By: I#&& R. William R. Lambert, Attorney - In - Fact 7 , ‘. 1NSURANCE COMPANY (a California Company) 6404 Wilshire Blvd., Suite 850, Los Angeles, California 90048-5510 N! ,39205 - FP POWER OF A’ITORNEY KNOWN ALL MEN BY THESE PRESENTS: That, FRONTIER PACIFIC INSURANCE COMPANY, by Erik Rhulen, its Vice-President, in pursuance of authority granted by Resolution of its Board of Directors by unanimous written consent, on the 15th day of November, 1991, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy “RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or Executive Committee may at any time remove such Attorney’s in-Fact and revoke the Power ofAttomeygiven him or her; and be it further “RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President or any Vice-President and sealed and attested by the Secretary.” HENRY F. WRIGHT JOHN P. BROOKS does hereby nominate, constitute and appoint WILLIAM R. LAMBERT JERI S. SUMNER its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: Contract, License, and Disciplinary Bonds in an amount not to exceed $650,000. IN WITNESS WHEREOF the said Vice-President has hereunto subscribed his name and affixed the corporate seal of the said FRONTIER PACIFIC INSURANCE COMPANY, this 17th day of February A.D., 19 %. “““““““,,,,, .++ c a*.&’ INS+ ‘+, Z‘s? 4*X-, It @g .+m, i 5s P cc g; 5%: -Ju-l-25~ .zi 5%;: %(,,,,2” 2: $’ 5, p ,,,, ‘. ..+ % ,,,,, :,,/+~* FRONTIER PACIFIC INSURANCE COMPANY BY /&zfii& Erik Rhulen, Vice-President STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) On February 17, 1995 before me, Pilar M. Landeta, Notary Public, personally appeared Erik Rhulen, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Ph m &?mtk& Notary Public I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a lull, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 17th dayof February ,1995. FM 19-5002-FP (12/94) v Joseph P. Loughl&, Secretary W-9794.12/94-2M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of LOS ANGELES On February 17, 1995 before me, KELLY PRYOR, NOTARY PUBLIC , DATE NAME. TITLE OF OFFICER. E.G., “JANE DOE, NOTARY PUBLIC personally appecrod 3 WILLIAM R. LAMBERT , NAME(S) OF SIGNER(S) q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED q GENERAL 17 ATTORNEY-IN-FACT 0 TRUSTEE(S) i GUW~IANICONSERVATOR NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: lrUMEOFPERSON(3OR~OES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 913X-7184 SOLID WASTE INS. MGRS. P.O. Box 7072 Pasadena, CA. 91109 INSURED Coast Waste Management P. 0. Box 947 Carlsbad Ca 92018-0947 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLlC’ES PLOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E CALIFORNIA INS. CO. (COREGIS) ‘HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS :ERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. iXCLUSlONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE :o I TYPE OF INSURANCE rR I POLICY NUMBER I 1 GENERAL LIABILITY t T D AUTOMOBILE LIABILITY BEEN REDUCED BY PAID CLAIMS. POLICY EFF. POLICY EXP. ATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS GENERAL AGGREGATE PROD-COMPIOP AGO. PERS. 8 ADV. INJURY EACHOCCURRENCE . FIRE DAMAGE(Ona Fire) MED. EXP. (One Per) COMBINED SINGLE LIMIT ALL OWNED AUTOS CHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORN WORKER’S COMPENSATION AND EMPLOYERS’ LIABILITY e OTHER CRIME - EMPLOYEE DISHONESTY FORGERY TR9131318 EACHOCCURRENCE AGGREGATE STATUTORY L , M ITS ::j,:~~i:~~j::j:::li~~;~:::::::~:~:~:::~ . ‘.‘.‘.‘.‘. .‘.\‘.~.~.‘.‘.‘.‘.‘.~.‘.~.‘.‘.‘.~.~.’.’. EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EACH EMP. 7/01/94 7/01/95 $100,000. LIMIT $100,000. LIMIT DESCRIPTION OF OPERATlONSlLOCATlONS/VEHlCLESlSPEClAL ITEMS 10 DAY NO’PICE OF CAlWXlUnION IN THE WENT OF NON PAYMENT PREWJM EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF CARLSBAD - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND HE COMPANY IT dbiBl!k CERTlFlCAT - OF INSURANCE ISSUE DATE (MMIDDIYY) ‘RODUCER SOi id WaStt? Ins Mgrs, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOESNOTAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHE POLICIES BELOW. P.O. Box 7072 Pasadenap CA, 91109 COMPANIES AFFORDING COVERAGE COMPANY LETTER A NATIONAL SURETY CORP (F, FUND) I NSURED COMPANY B LETTER NATIONAL SURETY CORP (F. FUND) COMPANY Coast Waste flanageaent LETTER C P. 0. Box 947 COMPANY D Car lsbad Ca 92018-0947 LETTER COMPANY LElTER E :OVERAGES 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. C :0 L TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY MXGB0623752 7/01/95 T/O l/9 6 GENERAL AGGREGATE $ 2000000 )( COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1000000 CLAIMS MADE )( OCCUR. PERSONAL & ADV. INJURY $ 1000000 )( OWNER’S & CONTRACTOR’S PROT. EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 50000 MED. EXPENSE (Any one person) $ SQOQ fj AUTOMOBILE LIABILITY MXG80623752 7/01/95 7/01/96 COMBINEDSINGLE LIMIT $ 1000000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS x HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACHOCCURRENCE S UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER’S COMPENSATION EACH ACCIDENT $ AND DISEASE-POLICY LIMIT $ EMPLOYERS’ LIABILITY DISEASE-EACH EMPLOYEE $ OTHER I )ESCRIPTION OF OPERAT~ONS/LOCAT~ONS/VEH~CLES~SPECI*L ITEMS 10 DAY NOTICE OF CANCELLATION IN RE : THE EVENT OF NON PAYMENT PREMIUM ALL OPERATIONS OF THE NAMED XNSURED AS RESPECTS RUBBISH HAULING ZERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD CITY CLERK 1200 CARLSBAD VILLAGE DR. CARLSBAD, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE : EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO j MAIL 3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE i LEFT, BUT FAILURE TO AUTHORIZED REPRESEN SUCH NOTICE SHALL POSE NO OBLIGATION OR I ACORD 25-S (7190) OACORD CORPORATION 1990 1 l- 8 . COAST WASTE MANAGEMENT, INC. is 5: s: Coast Waste Management, Inc. Arie De Jong, Jr., & Anna De Jong, Individually as Trustees of the De Jong Family Estate Arie De Jong, A Married Man As His Sole and Separate Property as respects Old Pomerado Road location DBA: Coast Waste Management, Inc. DBA: Liberty Recycling DBA: Dirt King, Inc. DBA: De1 Mar Recycling DBA: A D J Enterprises DBA: Liberty Contractors Storage Yard DBA: Standard Feeding, Inc. DBA: Valley Center Disposal & Recycling Services DB,\: Coast Transfer & Hauling DBA: Old Richard Schoolhouse DBA: Liberty Family Partnership DBA: Bradley Family Rentals DBA: North County Disposal, Inc. (Inactive as of 04/30/91) Robert F. Driver Co., Inc. 420 S. Broadway Escondido, CA 92025 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES C \FFORDING COVERAGE ft&tNy A Industrial Indemnity FR COMPANY B LETTER Coast Waste Management, Inc. Liberty Recycling PO Box 947 Carlsbad, CA 92008 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 CONDlTlON 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. LIMlTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GENERAL LlABlUTY OWNER’S & CONTRACTOR’S PROT AUTOMOBILE UABIUTY ANY AUTO I ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILIW I E%CESS UABILIW EACH OCCURRENCE Is AGGREGATE IS OTHER THAN UMBRELUI FORM WORKER’S COf#‘ENSAllON - . A AND Cj%llklG EMPLOYERS UABIUTY DESCRlPTlON OF OPEl?ATIONS/LOCAllONS/VEHlCLES/SPlXlAL ll’EMS RE: All operations of the Named Insured. GENERAL AGGREGATE 5 PRODUCTSCCMPICP AGO. 5 PERSONAL h ADV. INJURY S EACH OCCURRENCE s FIRE DAMAGE (Any one iIre MED. EXPENSE fAnv one DBI’ P----- .?I 5 DISEASE-EACH EMPLOYEE 1 S 2:ooo:ooo City of Carlsbad 2075 Las Palmas Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLkD BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LlABlLlTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEHTATNE f ,, ./ . INSURED ;z B CALIFORNIA INSURANCE CO I I C L L I ( I I ; I COAST WASTE MANAGEMENT INC ET AL (SEE ATTACHED) ;gr C GUARANTY NATIONAL INS CO P. 0. BOX 947 CARLSBAD ;$F D ARGONAUT INSURANCE CO CA 92018-0947 Fgy E GENERAL SECURITY INS CO COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :o TR TYPE OF INSURANCE CR9136598 AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS 3 SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LlABlLllY CR9136598 I I 1 EXCESS LIABILITY UMBRELLAFORM UMC5200016 07/01/96 OTHER THAN UMBRELLA FORM WORKER’S COMPEILSATl@Y ‘I AND 62576115584 I EMPLOYERS LIABILITY 1 OTHER 3 EXCESS LIABILITY GP50398 07/01/96 07/01/97 1o,OKl,ooo DESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLES/SPEClAL ITEMS RE: RUBBISH HAULING * 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD AT-IN: CITY CLERK 405 OAK AVENUE CARLSBAD CA 92008 1 ACORD 25-S v/90) ,&$ Ad:dDI’.ID, CERTIFICATJTF INSURANCE -- ISSUE DATE (MM/DO .a.* n 06/28/!96 AODUCER 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND J. Fil Knoff ROBERT F. DRIVER CO., INC. 420 SOUTH BROADWAY ESCONDIDO CA 92025 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE “SF A CALIFORNIA INSURANCE CO POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDMY) P I I ‘OLICY EXPIRATION )ATE (MM/DD/W) LIMITS GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,000,000 07/01/97 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,ooo,ooo FIRE DAMAGE (Any one fire) 0 50,000 MED. EXPENSE (Any one parson) $ 5.000 COMBINED SINGLE LIMIT I $ 1,ooo,ooo 07/01/97 BODILY INJURY (Per pemn) $ BODILY INJURY (Per accident) 07/01/97 07/01/97 PROPERTY DAMAGE EACHOCCURRENCE AGGREGATE ISTATUTORY ~wrs -.. 1 EACH ACCIDENT DISEASE-POLICY LlMlT $ $ 10,000,ooo $ 1o,ooo,ooo $ 2,000,000 $ 2.000.000 1 DISEASE-EACH EMPLOYEE 1 $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3o ~ DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE OACGRD CORPORATfON 1996 ,uw~~, CEKllFICATf’--lF INSURANCE ISSUE DATE (MMIDDIYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND J. Fil Knoff CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ROBERT F. DRIVER CO., INC. 420 SOUTH BROADWAY ESCONDIDO CA 92025 COMPANIES AFFORDING COVERAGE I “SF A CALIFORNIA INSURANCE CO INSURED ;$F B CALIFORNIA INSURANCE CO COAST WASTE MANAGEMENT INC ET AL (SEE ATTACHED) $,‘p C GUARANTY NATIONAL INS CO P. 0. BOX 947 CARLSBAD rgy D ARGONAUT INSURANCE CO CA 92018-0947 ;$F E GENERAL SECURITY INS CO I COVERAGES 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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co I / LTR TYPE OF INSURANCE I POLICY NUMBER POUCY EFFECTIVE POUCY EXF’IRATION DATE (MMlDDNYj DATE (MMIDD/YY) LIMITS I GENERAL UABILIN GENERAL AGGREGATE 8 2,000,000 A x COMMERCIAL GENERAL LlABlLll-f PRODUCTS-COMP/OP AGG. $ 2,000,000 CLAIMSMADE X OCCUR. I CR9136598 07/O l/96 07/01/97 PERSONAL B ADV. INJURY 0 1,000,m OWNER’S & CONTRACTER’S PROT. EACH OCCURRENCE $ WQ~ FIRE DAMAGE (Any one fire) Ib 50,000 MED. EXPENSE (Any one person) $ 5.000 AUTOMOBILE LIABILITY COMBINED SINGLE S 1,ooo,Ooo ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY B SCHEDULED AUTOS CR9136598 07/01/96 07/OlP7 (Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accidenq $ GARAGE LlABlLllY PROPERTY DAMAGE $ EXCESS UABILIN UMC5200016 07/OlP6 07/01/97 EACH OCCURRENCE 1s 10,000,000 UMBRELLA FORM AGGREGATE d 10,000,000 OTHER THAN UMBRELLA FORM I I WORKER’S COMPENSATION D AND 62576115584 EMPLOYERS’ LIABILITY 1 DISEASE-EACH EMPLOYEE 1 8 OTHER E EXCESS LIABILITY GP50398 07/OlP6 07/01/97 1o,ooo,ooo DESCRIPTION OF OPERATIONS/LOCATIONS/VEHlCLES/SPECIAL ITEMS RE: RUBBISH HAULING * 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD CITY CLERK 1200 CARLSBAD VILLAGE DR. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3o ~ DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR CARLSBAD CA 92008 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTAJIVE ACORD 2S-S (I/SO) QACORD CORPORATION 1990 . . ‘. NAMED INSUREDS Coast Management, Inc. Arie De Jong, Jr., & Anna De Jong, Individually as Trustees of the De Jong Family Estate Arie De Jong, A Married Man As His Sole and Separate Property as respects Old Pomerado Road Location DBA: Coast Waste Management, Inc. DBA: Liberty Recycling DBA: Dirt King, Inc. DBA: De1 Mar Recycling DBA: A D J Enterprises DBA: Liberty Contractors Storage Yard DBA: Standard Feeding, Inc. DBA: Valley Center Disposal & Recycling Services DBA: Coast Transfer & Hauling DBA: Old Richard Schoolhouse DBA: Liberty Family Partnership DBA: Bradley Family Rentals DBA: North County Disposal, Inc. (Inactive as of 04/30/91) .--- EXTENSION OF AGREEMENT The Agreement dated August 9’h, 1991 for Refuse and Recyclables Collection Services between the City of Carlsbad and Coast Waste Management, Inc. is hereby extended for a period of two months ending on April 30, 1997, subject to a maximum of four month-to-month extensions thereafter granted by the City Manager if necessary to keep the agreement in full force and effect until a successor agreement can be negotiated and presented to the City Council for consideration. All other provisions in the original agreement shall remain in full force and effect. All insurance policies to be maintained by Contractor shall be extended to include coverage for this extension period. CONTRACTOR: COAST WASTE MANAGEMENT INC. (name of Contractor) By A si n C0NRAI.B. PAWELSKI PRESIDENT/GENERAL MGR. (print name/title) CITY OF CARLSBAD, a municipal corporation in the State of California ATTEST: City Clerk \IvLw-A 5, /VI7 DATE MARGARET A. BIERD SECRETARY/OFFICE MGR. (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL . A : CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Dies0 Otl Februarv 70. 1997 DATE before me, Frances M. Kern Notary Public 3 NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” personally appeared Conrad B. Pawelski 1 NAME(S) OF SIGNER(S) q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mv hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) q GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 -: . CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Diego On February 20, 1997 beforeme, Frances M. Kern Notary Public I DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” personally appeared Margaret A. Bierd I NAME(S) OF SIGNER(S) q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their Fl?ANcEsM KERN cow. + 1061617 Nntnn, PldllC - tbib,“b F A signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) q PARTNER(S) 0 LIMITED c] GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) ; z;;;;lAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIl-f(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184.Canoga Park, CA 91309-7184 h EXHIBIT NO. 2 COAST WASTE MANAGEMENT, INC. LIBERTY RECYCLING 5960 EL CAMINO REAL P.O. Box 947 CARLWAD, CA 920 I E-0947 TEL: 6 1 S-929-9400 6 19-452-98 IO FAX: 6 1 S-93 l-02 I S April 8, 1997 Frank Mannen Assistant City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Consent to Change in Stock Ownership Dear Mr. Mannen: As we discussed, I am pleased to inform you that Coast Waste Management has agreed to merge with U.S.A. Waste Services, Inc. ("USA") . As you may know, USA is a publicly traded company engaged in the waste services industry throughout the United States. Coast Waste Management is excited about becoming a member of the USA team and we expect that this will enable us not only to continue, but also to improve our services to the public. Coast Waste Management, Inc., the holder of the franchise, will continue to exist and I, as well as most of my current employees, will continue to be actively involved in the company and day-to-day services in the community. Nevertheless, since the merger will result in Coast Waste Management becoming a subsidiary of USA, we are requesting your consent to the change in stock ownership as required by Section 25 of our contract. It is our hope that this matter can be processed expeditiously so that the transition can be accomplished smoothly and withgu&,,lvut: COLLECTIC~N l ‘TR.4hSFE.R l KtSOlJRCE RECOVERY 8 4 Frank Mannen Assistant City Manager City of Carlsbad Page 2 disruption of employees or customers. Should you have any questions regarding this matter, please do not hesitate to contact me. ;z,e> dz Arie de Jong Chairman of the Board Coast Waste Management, Inc. Title: Claude A. Lewh, Mayor Date: May 28, 1997 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONSENTING TO THE TRANSFER OF STOCK OF COAST WASTE MANAGEMENT TO USA WASTE SERVICES. INC. WHEREAS, Coast Waste Management, Inc. (“Coast Waste Management”) is a locally owned and operated waste services company which has for many years provided solid waste services to Carlsbad and its residents and businesses pursuant to that certain REFUSE AND RECYCLABLES COLLECTION SERVICES CONTRACT dated August 1991 (the “Contract”), a copy of which is on file in the Office of the City Clerk; and WHEREAS, said contract was entered into in August of 1991 between the City and Coast Waste Management for an original 19 month term, with year-to-year extensions thereafter, and with an extension from February 28, 1997, to April 30, 1997, an extension again to May’ 31, 1997, and an extension to June 30, 1997, with the contract scheduled to terminate on the close of business June 30, 1997; and WHEREAS, Coast Waste Management has proposed a stock transfer with USA Waste as set forth in the materials on file herein provided by Coast Waste Management and USA Waste and as addressed in the staff report and in the report of the City’s outside consultant, Hilton, Farnkopf, & Hobson, and said stock transfer requires the consent of the City pursuant to the terms of said contract; and WHEREAS, Coast Waste Management and USA Waste understand that the only contract rights existing expire on June 30, 1997 unless Carlsbad, in its sole discretion, determines to further extend the contract; and I 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council has duly considered the request of Coast Waste Management and of USA Waste for approval of the proposed stock transfer, has duly considered the staff report and recommendation, and has duly considered the report, analysis, and recommendation of the outside consulting firm of Hilton, Farnkopf & Hobson; and WHEREAS, this action is exempt from CEQA because it can be seen with certainty that there is no possibility of a significant environmental effect resulting from consent to the stock transfer because the same waste service activities will continue whether or not the stock transfer is approved, as only the operator and contracting party will change; and WHEREAS, this matter was duly considered at a public meeting of the City Council held on May 27, 1997, at which Coast Waste Management, USA Waste, and interested members of the public were heard and at which City staff and the City’s outside consultant were present to answer questions and make their reports; and WHEREAS, having considered all of the information on file herein, the representations and assurances of Coast Waste Management and USA Waste, the public comments received at the public meeting, and the reports of the staff and outside consultant, the City Council finds, subject to the terms and conditions hereof, that approval of the stock transfer is consistent with the above-referenced contract and is in furtherance of the public health, safety, and general welfare; and WHEREAS, the City Council further finds that, subject to the terms and conditions hereof, Coast Waste Management under its new ownership by USA Waste I -2- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 can and will provide good quality service to the City and its residents and businesses at reasonable rates. NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. Consent to Stock Transfer. Pursuant to section 12.0 of the REFUSE AND RECYCLABLES COLLECTION SERVICES CONTRACT dated August 1991 as extended through June 30, 1997, the City Council hereby grants its consent to the stock transfer between Coast Waste Management and USA Waste resulting in the ownership of Coast Waste Management by USA Waste, in conformance with and in reliance on the representations of Coast Waste Management and USA Waste on file herein and subject to the following conditions which the City Council finds and determines are necessary to (1) ensure that the level of service to Carlsbad and its residents and businesses is not allowed to decline; (2) ensure that the cost to ratepayers does not increase as a result of the stock transfer; (3) ensure that there is a clear understanding on the part of all parties that the rights under the contract expire on June 30, 1997, unless further extended in the sole discretion of Carlsbad; (4) ensure that the public health, safety, and general welfare are protected: I a. The Contract Term; Termination. The rights of Coast Waste Management under its new ownership by USA Waste pursuant to Resolution are limited to the rights set forth in the above-referenced REFUSE AND RECYCLABLES COLLECTION SERVICES CONTRACT as extended -3- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 through June 30, 1997, and Coast Waste Management and USA Waste have represented to Carlsbad that they understand, acknowledge, and agree that neither Coast Waste Management nor USA Waste has any rights under said contract, express or implied, extending beyond June 30, 1997. Coast Waste Management and USA Waste have further represented to Carlsbad that they understand, acknowledge, and agree that Carlsbad, in its sole discretion, may or may not determine to extend said contract beyond June 30, 1997, and that Carlsbad has made no representation, express or implied, that it will extend said contract beyond June 30, 1997. Coast Waste Management and USA Waste have further represented to Carlsbad that they understand, acknowledge, and agree that unless extended in writing all rights under said contract shall automatically expire effective June 30, 1997. b. Possible Longer Term Agreement; Possible New Franchise. Carlsbad, Coast Waste Management, and USA Waste have had preliminary discussions about the possibility of negotiating a longer term contract relationship and about the possibility of revising the terms of the contract. Coast Waste Management and USA Waste have represented to Carlsbad that they understand, acknowledge, and agree that no promise in this regard has been made by Carlsbad, express or implied, and that such discussions about a longer term relationship and/or revisions to the contract may or may not occur in the future. Coast Waste Management and USA Waste have further represented to Carlsbad that they acknowledge, understand, and agree that any such discussions which may have occurred in the past, or which may occur in the future, have not and will not alter the fact that, unless extended by Carlsbad as provided herein, all contract rights in Coast Waste Management and USA Waste will expire as of June 30, 1997. -4- 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Service to Customers. In adopting this Resolution, the City Council acknowledges that Coast Waste Management has, historically, provided good service to Carlsbad and its residents and businesses under the above-referenced contract, and Carlsbad expects and will insist that the customer services provided by Coast Waste Management under its new ownership by USA Waste will continue to provide as good or better service to customers. d. Financial and Other Reporting. In adopting this Resolution, the City Council acknowledges that Coast Waste Management has, from time to time in the past, been deficient in its financial reporting and other permitting and reporting obligations under the contract, as distinguished from its delivery of services to customers. In adopting this Resolution, the City Council is relying on the representations of Coast Waste Management and USA Waste that Coast Waste Management, under its new USA Waste ownership, will improve reporting and eliminate such deficiencies in the future by providing all financial and other reports required by the contract in a timely manner. e. Rates. In adopting this Resolution, the City Council relies on the representations, understanding, acknowledgment, and agreement of Coast Waste Management and USA Waste that there will be no request for an increase in rates as a result of the stock transfer and change in ownership of Coast Waste Management. Further, the City Council relies on the representations, understanding, agreement, and acknowledgment -5- 6 of Coast Waste Management and USA Waste that, in the event that Carlsbad in its discretion determines to extend the existing contract beyond June 30, 1997, there will be no request for rate increases prior to June I, 1998, except (1) periodic requests for increases in conformance with an accepted inflation index; (2) requests to pass through any increase in landfill disposal charges; (3) requests to pass through any increase in taxes or fees directly applicable to the performance of services under the contract; or (4) reflecting other significant and unforeseen cost increases which the City Council reasonably determines are beyond the control of Coast Waste Management and/or USA Waste. Coast Waste Management and USA Waste represent, understand, acknowledge, and agree that the foregoing restrictions on rate increases shall apply notwithstanding any provisions of section 6.0 of the above-referenced contract to the contrary. PASSED AND ADOPTED THIS 27th DAY OF May , 1997, BY THE FOLLOWING VOTE: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ABSTAIN: None CLAUDE E.“LEWIS, MAYOR ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK -6- -. V ?ITE IT - DON’T SAY r --! Date 5128 19 97 To File 0 Reply Wanted From Karen q No Reply Necessary RE: PROMISSORY NOTE - COAST WASTE MANAGEMENT The attached Promissory Note was signed during the City Council Meeting of May 27, 1997, and was given to the City Clerk during the meeting. The original is being placed in the file with the Coast Waste Management Contract (45 file) in the vault. K. Escondido, California May 27, 1997 FOR VALUE RECEIVED, the undersigned (Borrower”) promises to pay to the City of Carlsbad, at 1200 Carlsbad Village Drive, Carlsbad, California 92008, or such other place as the Holder may designate by written notice to Borrower, in lawful money of the United States, the principal sum of ,&&& /+,ti,5kka .yk k i+- OGLE P+,~JWL) ,WD d %& ,W~J Dollars ($ 964 QQD.OO ), with no interest on the principal balance. 1. Time and Mode of Pavment. The entire unpaid principal balance shall be all due and payable on demand. 2. Attorneys’ Fees. Borrower agrees to pay the following costs, expenses, and attorneys’ fees paid or incurred by Holder, or adjudged by a court: (1) reasonable costs of collection, costs, and expenses, and attorneys’ fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed; and (2) costs of suit and such sum as the court may adjudge as attorneys’ fees in any action to enforce payment of this Note or any part of it. 3. Manner of Notification. Any notice to Borrower provided for in this Note shall be given by personal delivery or by mailing such notice by first class certified mail, return receipt requested, addressed to Borrower at the address stated below, or to such other address as Borrower may designate by written notice to the Holder. Any notice to the Holder shall be given by personal delivery or by mailing such notice by first class certified mail, return receipt requested, to the Holder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by written notice to Borrower. Mailed notices shall be deemed delivered and received three (3) days after deposit in accordance with this provision in the United States mail. 4. Forbearance Not A Waiver. No delay or omission on the part of the Holder in exercising any rights under this Note shall operate as a waiver of such right or of any other right under this Note or other agreements, for the same default or any other default. 5. Assianment. The Holder of this Note shall have the right to sell, assign, or othen+vise transfer, either in part or in its entirety, this Note. 6. Severabilii. If any provision of this Note, or the application of it to any party or circumstances, is held to be invalid, the remainder of this Note, and the application of such provision to other parties or circumstances, shall not be affected thereby, the provisions of this Note being severable in any such instance. 7. TimeisoftheEssence . Time is of the essence for each and every obligation under this Note. 8. Prepavment. Borrower may prepay this Note in whole or in part at any time without penalty, offset, or discount. COAST WASTE MANAGEMENT CO., INC., a California Corporation & By: c MfiL /2?&3/dk’n/i- /4?&%%fL ~&/v4%%4~ Address: P.O. Box 947 Carlsbad, CA 92018 pn/210517-Nob7 May 29,1997 Mr. Arie de Jong Chairman of the Board Coast Waste Management, Inc. P. 0. Box 947 Carlsbad, CA 920 1 S-0947 Re: Consent to Change in Stock Ownership The Carlsbad City Council, at its meeting of May 27, 1997, adopted Resolution No. 97-463, consenting to the transfer of stock of Coast Waste Management to USA Waste Services, Inc. Enclosed please find a fully signed copy of the Consent to Change in Stock Ownership and a copy of Resolution No. 97-463 for your tiles. ‘ &+ CMC Assistant City Cler Enclosures 1200 Carlsbad Village Drive l Carlsbad, California 92008-l 989 - (760) 434-2808 EMAR GROUP, INC. 354 E I SENHCWER PARKWAY LIVINGSTON, NJ 07039 ~‘~-“~.~..~...~~.‘~~‘..~:.:.~:~ ‘.‘.‘A~~. .ir.. , ::::::.:r.:.:+:.::.z%....... . . . . . . . . . . n.,..,.. c . -x.:.x:.:.:.:.:.: . . . . . . . ..(............ :_ ‘....” : :: -. ..m....T . . . . Y. in =.3y/..= . . . . . . . . . . . . . . . . . . . . . _, _, ,, : :: : : : :: : : : : : : :: . . . . . .--.- .- .----- ..- - . . . . . . .-.. -. .._. -...- . . . . . -.. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 201-994-3131 INSURED COAST WASTE MANAGEMENT INC 5960 EL CAMINO REAL P.O. BOX 947 CARLSBAD, CA 92016-0947 COMPANY A COMMERCE 61 INDUSTRV INS CO COMPANY B NATIONAL UNION COM’ANY c INSURANCE CO STATE OF PA COWANY THISISTOCERTIFY THAT THEPOLlClESOFlNSURANCELlSTEDBELOWHAVEBEENlSSUEDTOTHElNSURED NAMEDABOVEFORTHEPOLICY PERIOD INDICATED.NOTWITHSTANDlNGANYREOUlREMENT.TEFIMORCONDlTlONOFANYCONTRACTOROTHERDOCLMENTWlTHRESPECTTOWHlCHTHlS CERTIFICATE MAY BE ISSUED ORMAY PERT AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMTS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. w .TR TvPEof INEURANCE -AL LIABLITV , )( COMMERCIALOEKRALLIABILITY . . . . . . . . . . . . . UAIMS M.m~om OWNER-S 8, CONTRACTOR’S PI301 I POLLUT I ON LEGAL LIABILITY AuToMoBLc LlABlLlTv SCkEDLLED AUTOS EXcasLIA8LRv q :EtA::kEUA FORM WORKERS cowENslmoN AM) EAPLOvEmLIAaLlTv TN PROPRIETOR/ PARTNRSlEXEUJTlM R INa OFFICERS ARE: EXU OTHER ALL RI SK PROPERTY b&nmiorJ of ~PERATI~~ILOOAT~DUS PDLDVNUMBOR GL340695 1 PLL5292562 CA5052400 CA5052401 (TEXAS) UL606 1972 WC4065245NC4065246 WC4065247MC4065246 MLP2190045-0 1 -WAL ITEMS WLIOV EffEcTlvc ‘OLIOV WRATIDN DATE (MMIDDIVV) DATE (Ml.UDDtVV) LIMITS l/01/97 l/01/97 l/01/97 l/01/97 l/01/97 -- 7/01/97 I@DE)B(Anym person) It 5000 I I kOhBIKD SINOLE LIMIT it l/01/98 1 10000000 I BODILV INJsY w person) I s I I 1 AUTO ONV . EA ACCIDENT 1 t EAa-loxln2RENcE It 10000000 l/01/96 AQQFQOnTE It 10000000 7/o l/99 LIMIT: S50,000,000 PER OCCURRENCE Cl TV OF CARLSBAD CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92009 I SHOUDANVOflHEABOVEDELcRBEDPOLlCeSBEOANCELLW BEfOW THE EXPRATlON DA VOR TO MAX. , . . 6 7 r: R E 5 $ q 2 I a 0 2 s 5 j 3 3 I 2 P .z R I iE c ‘E ti i i i I : 1 ! ! I I : I ; : i I : : ; I : : ? , I ; I i I : , ! : I I : : z . I ; i > 1 ; : : 3 1 1 f 1 s ! ! L ! f : 5 ! L i : ! ii i ; f 1 1 I ! : P E [ L f L P : : i I : : ! I 2 1. c i : L i i I i 1 e E ! I i e ; I ii !;r: ;i 3 I - if -5 :a :g :(: iz 13 08 ! a 1, D. L i g ia D 18 Iz ,= ‘iE .B % : 3 : , : a g i! .z I 3 I I x :: 1 9 I j : - z ;i I I I i ; 1: .4 !E $ .; Ig ; ? 1: .; ; c Ii 2 :i z * 4 : T 1; P 1 3 :! i !ii .g .! .a ; i 0 ;! I u IL : i .? fi .? I !I . ?I II 1 - II 0 ;I l$ - ,i ii . .? ! : ii ‘S :: is :e lr ; L : ii I j ‘4 I ii ;4 : 5 : i / I d 1 : ‘ : : )4 : !I -: :a I c 13 :< I 3 i; 1 c I E I : I r j ; I: i; I! : ‘ ii ;: i; :- : 1” [! -6 1 i ;i ;I ‘: Fn 1 : 2; b7 FE I i :i ‘3 i 7 ! 5 4 I n ,I !i 1 ; ;3 :: ;: ! B ii I - Lg ij ‘i !C 1: : 1z ;; ; . ; i !i ti L i ‘i :. i; if (I ;: / ; - : I ! k: ‘lj 3; :; i: :, ? I E / I ’ ;,r PIE 5:” I cnil; ga: : pi au G,! x8; i g,g :;f .” : t I..,- IO: ~ ; “1: F? %i ;D- 7: i$ s!: .- : $1 ;gi :-J; c 1 III1 II’1 . EXTENSION NO. 2 OF AGREEMWT The Agreement dated August gth, 1991 for Refuse and Recyclables Collection Services between the City of Carlsbad and Coast Waste Management, Inc. is hereby extended for a period of two months ending on October 31, 1997, subject to a maximum of four month-to-month extensions thereafter granted by the City Manager if necessary to keep the agreement in full force and effect until a successor agreement can be negotiated and presented to the City Council for consideration. All other provisions in the original agreement shall remain in full force and effect. All insurance policies to be maintained by Contractor shall be extended to include coverage for this extension period. CONTRACTOR: CITY OF CARLSBAD, a municipal corporation in the State of P u&7 b /.@z fk-.+--%+-T;z71Tz: (name of Contractor) Bw (sign here) ATTEST: d?. Awd2J-4~ &&AT A fbbyw- Y (print name/title) By: (sign here) #d/h7 DATE / (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney I c t l ’ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of C&I FDWfA County of .S+M ?J~&G-O On gl[l I47 before me, RA KID EE &RUB , DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” personally appeared coF3w 3. sml EBKI - I NAME(S) OF SIGNER(S) 0 personally known to me - OR - firoved to me on the basis of satisfactory evidence to be the person&Q whose name(X) is/m subscribed to the within instrument and ac- knowledged to me that he/v executed the same in his/&e-&&i+ authorized capacity(&), and that by his/b-e&he+ signature@ on the instrument the person@& or the entity upon behalf of which the personw) acted, executed the instrument. WITtjESS my hand and ofiial seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL q CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED q GENERAL 0 AUORNEY-IN-FACT 0 TRUSTEE(S) i i;;;;lAN/CONSERVATOR NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 I- @ “<> - B4Dlhk -.-_.--. ------‘~--“.-.--~-~.l‘ll CERTIFICA _ E OF INSURANCE DATE (MM!DD/YY) PRODUCER i=VAH ICaRWPe INdca b, EiSiiH6WiR PARKWAY r-..----.-.--.-._--... --. ^ _-.- _. - _- -.. lAu9.S.L.. --.. / THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION / ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE “Ol~DER~ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR j -fE-‘THE ---ovEii‘Ai AL----.-- ;E AFFORDED BY THE POLICIES BELOW. --.--..-.-.-_.-. . ._.. __ _. _ . . ..-....-.. -..... ..~... ..-.--. - i L?VINGSTBN? NJ 07039 201-994-3132 INSURED COAST WASTE MANAGEMEhiT ItiC 5960 Et CAMPNO RfAL P.OI ROX 947 CARLSRADT CA 92OLf3-0947 COVERAGES COMPANIES AFFORDING COVERAGE COMPANY A CDMHERCE G INC3USTRY INS CD COMPANY B NATICfNAt UNION COMPANY C INSURANCE CO STATE Of PA COMPANY D ZURICH AMERJ.&A$ J!‘dss’dm~~~dcE c-g _.-_..- -^-.---_-_.--_---..-- .--.. 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. I% TYPE OF INSURANCE POLICY NUMBER -.A--.- GENERAL LIABILITY A x- COMMERClALGENERALl+ABlLlTY 6L.3409032 POLICY EFFECTIVE POLICY EXPIRATION DATE (HM!DDiYY) DATE (MM/DD/YY) LIMITS ___I...-__ .-._-- .- -.. .---.. -. _. - ..- -.. - ..--..--. ., ._ ._-._- .-._. GENERAL AGGREGATE 5 2000001 l/U1/98 1/01/99 PRODUCTS-COMP/OP AGG $ 1QUUOQI ! CLAIMS MADE ox 1 OCCUR PERSONAL 8 ADV INJURY $ 100000i OWNER’S & CONT PROT EACHOCCURRENCE 5 1UOUUU~ ..- AUTOMOBILE LIABILITY A x ANY AUTO CA7665126 All STAT FIRE DAMAGE (Any one fire) $ 5UUU~ MED EXP (Any one person) $ ---___r_._.-- T5gI.X L/01/98 l/01/99 COMBINED SINGLE LIMIT $ 100000~ BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) 5 3 ALL OWNED AUTOS SCHEDULED AUTOS -x , HIRED AUTOS x 1 NON-OWNED AUTOS ,CA76b5l27 (TEXAS) PROPERTY DAMAGE 5 ~ GARAGE LIABILITY ANY AUTO ~ ~ EXCESS LIABILITY A x : UMBRELLA FORM i3E6062010 1/OL/93 t/o1199 I OTHER THAN UMBRELLA FORM ..--. .-~.-l__--_.----.---..-...-~ - -- -. . - WORKERS COMPENSATION AND t EMPLOYERS LIABILITY i#c1153097/wc116309 1/01/98 l/01/99 R THE PROPRIETOR/ PARTNERS/EXECUTIVE ,x ~ INCL bdC1153099/b#cl16310 OFFICERS ARE: ~ EXCLI -- - -.-- --.---__.~-...-.--- AUTO ONLY EA ACCIDENT 5 OTHER THAN AUTO ONLY: EACH ACCIDENT 5 AGGREGATE $ _l_.~ -_-._-- -----___ EACHOCCURRENCE 5 3 uauuuuc AGGREGATE 5 LUQUQQ3E 5 k STATUTORY LIMITS EACH ACCIDENT 5 fUUUOOI DISEASE - POLICY LIMIT 5 lQU0QQf DISEASE EACH EMPLOYEE ~ $ 1 QQUUOI ~ OTHER 0 ‘ALL RISK PRUPERT HLP2190045-01 7JOlI97 7JOlJ98 LIMIT: B50~000~000 PER CICCURREtiCE DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER ~---... ____--..-.---.. _.-.--___-.--.- CANCELLATION CITY OF CARLSRAD CTTY CLERK 1200 CARLSRAD VILLAGE DRIVE CARLSRAOv CA 92008 ACORD 25-S (3/93) _-- 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL jz DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGATlON OR LIABILITY OF A-ND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 219888530 E, PRESIDENT EMAR GROUP, INC. 354 EISENHOWER PARKWAY LIVINGSTON, NJ 07039 . - - :.:. .r.,.7: .:.7....- -. - :: 7.7“. --. 7 ::.;y ,. :.:.:. THIS CkiTIF’P”= .I ONLY AND 1 CONFERS NO RIGHTS UPON THE CERTIFICATI HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND 01 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY 973-994-3131 INSURED COAST WASTE MANAGEMENT INC 5960 EL CAMINO REAL P.O. BOX 947 CARLSBAD, CA 92018-0947 COMMERCE & INDUSTRY INS CO NATIONAL UNION INSURANCE CO STATE OF PA / D ZURICH AMERICAN INSURANCE CO . . . . .,.. .,..,. .; ~~~~~k~s:i:i-i-I-~::i~ii.jiii:i.~:jI :.... ,,.. . . . .;. .,...,..,... . . . . . ., ,. / . . . . . . . . :... . . ..:. . . . . ~~iI~~~i..i~i::i,1:,,i,iiii.iii::::;~i~:l,i~:..i.-..i.j..;’e:’ll’~,:i,,i.i,~~: .i,:$+):i:(;,:,; ,:,, .,,:,::“:iiiilil:.i::I:.:ii~-~~i:::.-:rli:i~”i.ii...:.-.jl: ili.“i’i,r::..-.~.~~~“:i.::iji:.i::i.:::.I.’l.:i:li:)i’li,l.li..j~~. .“I! : ,.::. . . . . . . ,:,. ..,.:.: :.. . . . . . . . . . ,::. .,. . ,: ,,., .: :. ,.,, ,...,. .:. THlSISTOCERTlFYTHATTHEPOLlClESOFlNSURANCELlSTEDBELOWHAVEBEENlSSUEDTOTHElNSUREDNAMEDABOVEFORTHEPOLlCYPERlOD INDICATED,NOTWITHSTANDlNGANYREQUIREMENT.TERMORCONDlTlONOFANYCONTRACTOROTHERDOCUMENTWlTHRESPECTTOWHlCHTHlS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS co I .TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS )F SUCH POLiCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C I / AUTOMOBILE LIABILITY SCHEDULED AUTOS GARAGE LIABLITY ANY AUTO GL3409032 GENERAL AGGREGATE S 200001 1101198 l/01/99 PRODUCTS.COMP/OP AGG S 100001 PERSONAL 8, ADV INJURY $ 100001 EACH OCCURRENCE s 100001 FIRE DAMAGE (Any one fire) S 5oot MED EXP (Any one person) S 501 COMBINED SINGLE LIMIT S CA7665126 ALL STATES l/01/98 1101/99 100001 CA7665127 (TEXAS) BODILY INJURY (Per person) s BODILY INJURY is PROPERTY DAMAGE 0 EACH OCCURRENCE s 1000001 BE6062010 l/01/98 l/01/99 AGGREGATE s 1000001 S X STATUTORY LIMITS WC1163097/WC1163098 l/01/98 l/01/99 EACH ACCIDENT S 1 OOOO( WC1163099/WC1163100 DISEASE-PO~:hMIT S----l-&j&j DISEASE . EACH EMPLOYEE S 1 OOOO( MLP2190045-01 7/01/97 7101198 LIMIT: $50,000,000 : PER OCCURRENCE I D 1::: RISK PROPERTY DESCRIPTION OF OPERATIONSILOCATION~ THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED UNDER THE CONTRACTUAL PROVISION OF THE ABOVE GENERAL LIABILITY POLICY. CITY OF CARLSBAD CITY CLERK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, POSE NO OBLIGATION OR LIABILITY 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 I ).: ; J F i B ::.,. : : ‘i: i:,) j ; [~;f,~,,~~). ~~~~~ER~~~~~~~je-~~,~~~~~~~~as~~~~~~:~~r &- -:‘::;,,i::- DATEititihb6$ 10/09/98 tHlS CE&&T~ IS ISSUED .AS A M&R OF INFORMATION EMAR GROUP, I NC, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 354 EISENHOWER PARKWAY ALTER THE COVERAGE AFFORDED BY THE POLiClES BELOW. LIVINGSTON, NJ 07039 COMPANIES AFFORDING COVERAGE 973-994-3131 INSURED COMPANY A COMMERCE 8 INDUSTRY INS CO COMPANY B NATIONAL UNION COMPANY C INSURANCE CO STATE OF PA COMPANY COAST WASTE MANAGEMENT INC 5960 EL CAMINO REAL P.O. BOX 947 CARLSBAD, CA 92018-0947 THlSISTOCERTlFYTHATTHEPOLlClESOFlNSURANCELISTEDBELOWHAVEBEENlSSUEDTOTHElNSUREDNAMEDABOVEFORTHEPOLlCYPERlOD INDICATED,NOTWITHSTANDlNGANYREMENT.TERMORCONDlTlONOFANYCONTRACTOROTHERDOCUMENTWlTHRESPECTTOWHlCHTHlS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS 1 / OWNER’S &. CONTRACTOR’S PROT AUTOMOBILE LIABILITY SCHEDULED AUTOS 1 )( HIRED AUTOS )( NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO A pjZ~i:~p;sRELLA FORM WORKERS COMPENSATION AND EMPLOYERS’ LlABlLlTY C B THE PROPRIETOR/ PARTNERS/EXECUTIVE R )( INCL OFFICERS ARE: EXCL I I I / OTHER , DESCRIPTION OF OPERATIONSILOCATIONS kF SUCH POLiCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIOI DATE (MMIDDIYY) DATE (MM/DD!YY) GL3409032 l/01/98 l/01/99 CA7665 127 (TEXAS) I 1 BE6062010 I l/01/98 ’ 1101/99 WC1163097/WC1163098 l/01/98 l/01/99 WC1163099/WC1163100 , , EHICLESISPECIAL ITEMS CLAIMS LIMITS GENERAL AGGREGATE S 2000000 PRODUCTS-COMP/OP AGG / S PERSONAL & ADV INJURY S EACH OCCURRENCE S FIRE DAMAGE (Any one fire) S MED EXP (Any one person) S COMBINED SINGLE LIMIT S BODILY INJURY (Per person) S 1000000 1000000 1000000 50000 5000 1000000 EACH OCCURRENCE IS 10000000 AGGREGATE IS 10000000 IS X/ STATUTORY LIMITS / EACH ACCIDENT S 1000000 DISEASE . POLICY LIMIT S 1000000 DISEASE. EACH EMPLOYEE S 1000000 THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED UNDER THE CONTRACTUAL PROVISION OF THE ABOVE GENERAL LIABILITY POLICY. CITY OF CARLSBAD CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION D WILL ENDEAVOR TO MAIL LDER NAMED TO THE LEFT, LIGATION OR LIABILITY moim CERTlFICA“=, OF INSURANCE - DATE (MbDIYY) In/z 7/Y??? ‘RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r?A;1 ‘;:‘:;I ,p , T’I 1. c* ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3:;/+ 17T’;F:b.:IJi?:.;C~ Dl?,r”;kpy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. {.f~/f”\r~yT!‘7”j, !J,.l ?7:?-j2 __ ..~ COMPANIES AFFORDING COVERAGE ~_ COMPANY ?73-4?4-3131 A NSURED ITELI AtiCE 'JATI?NAC Ifdl)E-MNMTTY -____. COMPANY B Ft’t\TTclfJAL I~“dIW1/IYA co ST Pia _A--- COMPANY ?.C. ‘7PX 3f+? s.$al,f;R.Jj?* SB 32~?!13-<0347 C TR>A%SCO%TTAlENTAL ENS CO COMPANY D I ZOVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CZ ----- co .TA TYPE OF 1NSURANCE r--‘zi-- -1 D ATzD,YY) POLICY EFFECTIVE POLICY EXPIRATION “ir:\ ?!4”.>7q L-<)$? L l/?J1/9F; l/SL/O’) CLAIMS MADE OWNER’S & CONT PROT , t AUTOMOBILE LIABILITY A Y ANY AUTO 5.j ‘( s, "L43770-!x? ALL OWNED AUTOS El SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS "J<A 917~7sG-O?(TEX ; UMBRELLA FORM c 3 ' I 1 C! 7 s 4 5 3 4 ? / 1 OTHER THAN UMBRELLA FORM 1 I I I I t t 3. ~___._____. LIMITS BODILY INJURY (Per accident) PROPERN DAMAGE AGGREGATE 1 $ EACH OCCURRENCE $ i. _ ‘)5C030~3( AGGREGATE.. :- 1 \ 5 ‘F,r)ODial31 / WORKERS COMPENSATION AND EMPLOYERS LIABILITY 9c L 163;7r;7/MC 1 lh37’: 1.!01/“9 THE PROPRIETOR/ PARTNERS/EXECUTIVE slrl1h3f?~?‘iltK?.1631 c DIASE POLICY LIMIT 5 fi30n00! OFFICERS ARE: DISEASE - EACH EMPLOYEE i $ 1;3o:Joo~ OTHER I I IESCRIPTION OF OPERATIONSILOCATIONS/VEHlCLESISPECIAL lTEMS !+i-?i-rlrg rr, P-!4?F', AS 4r)t'3TT I")%IAL IPJf;?lRFr! IJYDFF: Ttlr, COUTRACTUi+L ,J q i 2 ‘j r r,chiF?AL LIABILITY PELICV. ZERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL c T T Y \L. c i? / r r, & i’ t r rc .l n _ I t(! A DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, r. ‘t TV c L’^ i-? I( BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGATlON OR LIABILITY 1 s (3 n c q :! Ia. $ ‘” , 3 f-j $t 1 t 1. r\ r: c 3 “7 1 ‘yr F OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. r A 2 I.. $ 3 >$ ? , c. ‘i 0 2 r) ,T: p AUTHORIZED REPRESENTATIVE CORD 25&3/93) 213!33653t? Q ACORD CORPORATION 1993 -aC:Om CERTIFICA;: _ OF INSURANCE I _ DATE (MM/DD/YY) PRODUCER -..--_l__-_-- THIS CERTIFICATE IS ISSUED AS A MATTER OFikFORMATION EMAR GRO?IP: INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 354 EISENHOWER PARKWAY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. L..IvxNGS-ruN, NJ 07037 I--------.-- _mCCl~~F’Ks AFFQBmiIljG COVERAGE. ~~ .~~~~~~~ ._ COMPANY ~- -9.212--w.zm---. .__~__. .~~~~--_- .- . .._ ~~~-._ INSURED ~_..--,~~~A..~~4~~~.1 ~LaYEEzs .lhis-~ Jxl-- --... ~~ COMPANY COAST WASTE MANAGEMENT INC. I-.---B..-.mcn WBL-LNS--CDpm- ~-~~- -~- 5960 EL CAMINO REAL COMPANY P. Q. BOX 947 C _.-.-_~~~- -___ ~~.. ~~-. ..~. CARLSBAD> CA 92018-0947 i COMPANY I D COVERAGES 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. I-- ~~ -- ~~~ --~~~ ~-.--~ ~~ CO i LTR TYPEOFINSURANCE POLICY NUMBER .~~~~ ~~l-~~~,(,,,,,..,,M,D,yy) ~~ ~~~. ~~~~.- POLICY EFFECTIVE POLICY EXPIRATION LIMITS - ~NERAL LIABILITY A rl COMMERCIALGENER~~~LIABILITY ’ a() G 19878453 1 l/01/00 Liiii:z2-~ --;I CLAIMS MADE k-1 OCCUR r l/01/01 , I PERSONAL & ADV INJURY $ ~. mlQQOQQQ OWNER’S 8 CONT PROT EACHOCCURRENCE -/ ,-- -1. f! m---112MQQQ FEE EW!~~~~~v’~‘!!e-1 &___.LQQQQQQ 1 I MED EXP (Any one person) / $ i AUTOMOBILE LlABlLlTY I c A 1j ANY AUTO ISA HO7404864 1/01/00 l,ol,ol COM;lNEDSlNGLELlMlT j $ ~~ -1 - --A.QQQQQQ- ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS I (Per person) 3 HIRED AUTOS ~-~-~-----------.--~- .---~-. I -.-- : BODILY INJURY NON-OWNED AUTOS I : m(Peraccident) $ -~~- ---1mp. ...-~~- -~--- / PROPERTY DAMAGE ; $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1 $ p ANY AUTO 1 iGGGiTOONLY:_/----- 14 -.~--~ EACH ACCIDENT i $ / I I AGGREGATE $ ‘PTESS LIABILITY I EACHOCCURRENCE .~ _s-25000000. B p---,1 UMBRELLA FORM CPU 167045342 ’ l/01/00 j l/Ql/Ol AGGREGATE ~~~~ ~---Is 25QQQQQQ 1 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND I EMPLOYERS LIABILITY X- 1 ?!TLl-E~l!!lTS~-~ : ‘.m ~~~- ----_ A LLR C42649Olh l/01/00 1 / Q 1 / 0 I ~EACHACCIDENI.. _ ~~ . . ..A~- mme_tQQQQQQ , ~~~~$ZTIVE xi zzL1 , DISEASE POLICY LIMIT ~~~. Km-- 1 QQOQQQ ! I DISEASE EACH EMPLOYEE $ 1 nonnon OTHER i : DESCRIPTION 0F ~PERAT~~N~LOCATI~NSEHICLES/SPECIAL ITEMS THE CERTIFICATE HCILRER IS NAMED AS ADDITIQNAL INSURER UNDER THE CONTRACTUAL PRClUISIr3N OF’ THE ABOVE GENERAL LIABILITY POLICY. SHOULD ANY OR TO MAIL CXTY OF CARLSBAD NAMED TO THE LEFT, CITY CLERK 1200 CARL..SUAU VILLAGE DRIVE CARLSBAD, CA 92008 217888530 ACORD 2!& (3193) 0 ACORD CORPORATION 1993 --1”-1-