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HomeMy WebLinkAboutGreenwaste Recovery, Inc. Performance Bond (2)May 28, 2009 Carl Cahill, City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Dear Mr. Cahill: greenwaste a brighter shade of green RECEIVB MAY 2 9 2009 TOWN OF LOS ALTOS HILLS Enclosed is the Performance Bond as required by Article 14 of the Franchise Agreement between the Town of Los Altos Hills and GreenWaste Recovery, Inc. for Collection of Garbage, Recyclable and Compostable Materials. The bond is for the period 06/01/09 to 05/31/10. If you have any questions about this letter or the enclosure please don't hesitate to contact me at (408) 938-4901 or e-mail cls ;ci'r,grcen ac;te__cojn. Yours very truly, Donald J. Dean Chief Financial Officer Cc: Frank Weigel Enclosure GreenWaste Recovery, Inc., 1500 Berger Drive, San Jose, CA 95112 Main: 408.283.4804 Fax: 408.287.3108 www.greenwaste.com Printed on recycled paper. Bond No. CS8784530-01 GREAT AMERICAN INSURANCE COMPANY Renewable Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: That Greenwaste Recovery, Inc. 1500 Berger Dr., San Jose, CA 95112 (hereinafter called the Principal), and GREAT AMERICAN INSURANCE COMPANY, 580 Walnut Street, Cincinnati, Ohio 45202 (hereinafter called the Surety), are held and firmly bound unto Town of Los Altos Hills 26379 Fremont Rd., Los Altos Hills, CA 94022 (hereinafter called the Obligee), in the full and just penal sum of Three Hundred Thousand Dollars and 00/100 ($ 300,000.00 ) dollars for the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Obligee for Franchise Agreement for the Collection and Disposal of Garbage, Recyclables and Plant Trimmings. (the "Contract") which Contract is hereby referred to and made a part hereof as frilly and to the same extent as if copied at length herein with annual renewal at Surety's discretion: and NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said Contract set forth and specified to be by the said Principal kept, done and performed, at the time and in the manner in said Contract specified during the term of this bond, and pay all persons who have furnished labor or material for use in and shall indemnify, and shall pay over, and make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of Principal, then this obligation shall be void otherwise to be and remain in full force and effect. PROVIDED, however that this bond is subject to the following conditions and provisions: 1. This bond is for the terms beginning June 1, 2009 and ending May 31, 2010 2. In the event of a default by the Principal in the performance of the Contract during the terms of this bond, the Surety shall be liable only for the loss to the Obligee due to actual excess costs of the Contract up to the termination of this bond. The Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Owner as soon as practicable after the amount is determined, tender payment therefore to the Owner, or find an acceptable principal to complete the Contract. This does not provide coverage to any indirect loss or costs by the Obligee including, but not limited to legal fees, court costs, expert fees or interest. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety within six months after the expiration of the stated terms of this bond. 4. Neither non -renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond, not withstanding any language in the Contract to the contrary. 5. The bond may be extended for an additional year at the option of the Surety, by Continuation Certificate executed by the Surety. 6. This shall not be cumulative. Under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee named herein and this bond cannot be assigned to any other party without the written consent of the Surety. Signed and sealed this 19th day of May Greenwaste Recovery, Inc. Principal BY• _�" (Seal) Name and Title 2009 GREAT AMERICAN INSURANCE COMPANY BY. a_ Catherine A. Pinney Attorney -in -.Fact Surety Phone No. 707-769-2900 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sonoma On May 19,. 2009 before me, Nancy L. Wallis, Not Date all! Here Publt Inseric Name and Title of the Officer personally appeared Catherine A. Pinney Name(s) of Signer(s) y .. NANCY L. WALLIS w . M COMM. #1811395 0 NOTARY PUBLIC . CALIFORNIA ;10 a dONOMA COUNTY , My Cd irh, expires Aug, 28, 2012 Place Notary Seal Above who proved to me on the basis isfactory evidence to be the perspt�Wwhose na re subscribQ the within instrument and ack dged to me that hhey executed the s raae-i hi /her/ eir authorized capaee), and that by h' /he eir natuto*)-bn the instrument the persg� , or e<entity upon behalf of which the persq acte-f, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness hand and official seal. Signature ig ature o ary Public Nancy L. Wallis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner— ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pag Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item 45907 Reorder: Call Toll -Free 1.800-876-6827 GREAT AMERICAN INSURANCE COMRANY0 Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 ° FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.0 18311 POWER OF ATTORNEY KNOW ALL MEN BY TIiESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power BRUCE G. OKREPKIE ALL OF ALL CATHERINE A. PINNEY PETALUMA, CA $10,000,000 CORINNE SULLIVAN This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22ND day of AUGUST 1 2008 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID G. KITCHIN (513-41e-4602) On this 22ND day of AUGUST 2008 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in. Cincinnati, Ohio, that lie .is the Divisional Senior Vice President of the Bond Division of Great American. Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of [hie said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that lie signed his narne thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, .1.993. RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized., from time to time, to appoint one or nrore Attorneys -in -Fact to execute oil behalf of the Company, cis surer, any and all bonds, undertakings and contracts of surctyship, or other written obligations in the nature theregf, to prescribe their respective duties and the resyrective limits of their authority; and to revoke arty such appointment at any tinge. RESOLVED FURTHER: .That the Company seal and the signature of any of the it resold gf/icers and ally Secretary or Assistant Secretary of the Company may be aj Ived by facsimile to any power of attorney yr certificate of either given.1br the eaecertivn of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, .catch signature and seal when so used being hereby adopted by the Company as the original s•ignatttre of such of and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, EVE CUTLER ROSEN,. Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Posner of Attorney and the Resolutions of the .Board of Directors of March 1, 1993 have not been revolved and are now in full force and effect. Signed and sealed this19th - day of May 2009 81029X (4/08) June 29, 2009 Carl Cahill City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Dear Mr. Cahill • YY JUN 312009 Enclosed is our calculation of the annual CPI adjustment in accordance with section 13.2 of the Agreement between the Town Los Altos Hills and GreenWaste Recovery, Inc. for Collection of Garbage, Recyclable and Compostable Materials. The calculation shows an increase of .02%. We have also included a printout from The Bureau of Labor Statistics web page, which documents the index. I have also calculated and enclose the new rates effective July 1, 2009 that would result from the increase calculated above. As you can see, many of the rates remain the same or only increase by a few pennies. It is unlikely that this calculation reflects the true increase in our costs at July 1, 2009. Drivers will receive an increase, medical insurance has increased 16%, and the fuel price has already started to climb from the December 31, 2008 levels which were the lowest for the year. If you have questions about this letter or the enclosures or want to discuss this letter please contact me at (408) 938-4901 or e-mail dond@a greenwaste.com. Yours very truly, Donald J. Dean Chief Financial Officer cc: Frank Weigel Tracy Adams Enclosures GreenWaste Recovery, Inc., 1500 Berger Drive, San Jose, CA 95112 Main: 408.283.4804 Fax: 408.287.3108 www.gi,eenwaste.com Printed on recycled paper. Bureau of Labor Statistics Data MJRFAU OF LABOR STATISTIC'S Databases Change Output Options: From: 1999 - To: 2009 t#t include graphs Data extracted on: June 29, 2009 (12:13:30 PM) Consurrler price Index. -.!ill Urban Cansurn<ers All BLS.gov Page 1 of 1 Newsroom I Tutorials I Release Calendar ..�; :%2.FES E-;;QS_fEl }rEi11t CR }l.i Lmsmw;"A Series Id: CUURA422SAO Not Seasonally Adjusted Area: San Francisco -Oakland -San Jose, CA Item: All items Base Period: 1982-84=100 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 1999 169.4 172.2 171.8 173.5 175.2 174.5 172.5 170.8 174.2 2000 176.5 178.7 179.1 181.7 183.4 184.1 180.2 177.7 182.6 2001 187.9 189.1 190.9 191.0 191.7 190.6 189.9 188.7 191.1 2002 191.3 193.0 193.2 193.5 194.3 193.2 193.0 192.3 193.7 2003 197,7 197.3 196.3 196.3 196.3 195.3 196.4 196.8 196.1 2004 198.1 198.3 199.0 198.7 200.3 199.5 1.98.8 198.2 199.5 2005 201.2 202.5 201.2 203.0 205.9 203.4 202.7 201.5 203.9 2006 207.1 208.9 209.1 210.7 211.0 210.4 209.2 207.9 210.6 2007 213.688 215.842 216.123 216.240 217.949 218.485 216.048 214.736 217.361 2008 219.612 222..074 225.181 225.411 225.824 218.528 222.767 221.730 223.804 2009 222.166 223.854 Tools Calculators He;p Info t ..._ ..st htti):Hdata.bls.gov/cgi-bin/surveymost A - Z 1'nelex I BAtook US 6/29/2009 Town of Los Altos Hills Exhibit 03.1 Residential Garbage Collection Service Rates Effective July 1, 2009 Distance: Service Rate 0-100 Feet 35 -gallon refuse cart 20 -gallon refuse cart $ 24.20 35 -gallon refuse cart $ 33.77 65 -gallon refuse cart $ 67.53 95 -gallon refuse cart $ 101.30 100-200 Feet 20 -gallon refuse cart $ 33.01 35 -gallon refuse cart $ 41.81 65 -gallon refuse cart $ 83.62 95 -gallon refuse cart $ 125.43 200-300 Feet 20 -gallon refuse cart $ 39.61 35 -gallon refuse cart $ 48.41 65 -gallon refuse cart $ 96.82 95 -gallon refuse cart $ 145.23 300-400 Feet 20 -gallon refuse cart $ 46.21 35 -gallon refuse cart $ 55.01 65 -gallon refuse cart $ 110.02 95 -gallon refuse cart $ 165.03 400-600 Feet 20 -gallon refuse cart $ 50.61 35 -gallon refuse cart $ 61.61 65 -gallon refuse cart $ 123.22 95 -gallon refuse cart $ 184.84 Town of Los Altos Hills Exhibit 13.2 Non -Residential Garbage Collection Service Rates Effective July 1, 2009 Bin Charges Maximum Service Rates Collection .5 cubic I 1 cubic 2 cubic 3 cubic 4 cubic 6 cubic 1 8 cubic FreauenCv vara* vnrrl I .,�r4 --4 One per week $ 75.02 $ 85.02 $ 106.02 $ 133.03 $ 168.03 $ 208.04 $ 259.05 Two per week $ 100.02 $ 128.03 $ 168.03 $ 210.04 $ 266.05 $ 322.06 $ 402.08 Three per week $ 125.03 $ 179.04 $ 248.05 $ 311.06 $ 398.08 $ 466.09 $ 583.12 Four per week $ 150.03 $ 232.05 $ 343.07 $ 429.09 $ 558.11 $ 630.13 $ 787.16 Five per week $ 175.04 $ 325.07 $ 439.09 $ 591.12 $ 725.15 $ 787.16 $ 984.20 Six per week $ 225.05 $ 390.08 _ $ 518.10 $ 698.14 $ 870.17$1,131.23 $ 55.01 *optional service level: .5 CY = approximately (1) 96 -gallon wheeled cart service. Additional service charges: fee for opening a locked gate $ 10.00 fee to provide lock $ 15.00 fee for bin cleaning $ 75.02 6.3 Debris Box Service Rates Size Push Distance Charges (in increments of feey) 10yd. Mixed Debris or C&D 20yd. Mixed Debris or C&D Collection Frequency Mixed Debris or C&D 01-10, 11'- 25' 26'-50' 51'-100' 101'- 200' 201'-300' 301'-400' One per week $ 10.00 $ 15.00 $ 45.01 $ 55.01 $ 65.01 $ 75.02 $ 85.02 Two per week $ 20.00 $ 25.01 $ 90.02 $ 110.02 $.130.03 $ 150.03 $ 170.03 Three per week $ 30.01 $ 35.01 $ 135.03 $ 165.03 $ 195.04 $ 225.05 $ 255.05 Four per week $ 40.01 $ 45.01 $ 180.04 $ 220.04 $ 260.05 $ 300.06 $ 340.07 Five per week $ 50.01 $ 55.01 $ 225.05 $ 275.06 $ 325.07 $ 375.08 $ 425.09 Six per week $ 60.01 $ 65.01 $ 270.05 $ 330.07 $ 390.08 $ 450.09 $ 510.10 Additional service charges: fee for opening a locked gate $ 10.00 fee to provide lock $ 15.00 fee for bin cleaning $ 75.02 6.3 Debris Box Service Rates Size Material 10yd. Mixed Debris or C&D 20yd. Mixed Debris or C&D 40yd. Mixed Debris or C&D Extra Tons 10yd. Dirt or Concrete Extra Tons Rate Weight $ 340.07 up to 3 tons $ 405.08 up to 4 tons $ 545.11 up to 6 tons $ 58.01 per ton $ 505.10 up to 8 tons $ 45.01 per ton