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HomeMy WebLinkAboutWCL Trucking Corp - 2021-02-09 AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WCL TRUCKING CORP. FOR AS NEEDED MATERIAL HAULING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City,"and WCL TRUCKING CORP., a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated February 9,2021, entitled "Service Agreement Between the City of Huntington Beach and WCL Trucking Corp., for As Needed Material Hauling Services"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Three Hundred Thousand Dollars ($300,000.00). The additional sum shall be added to the original sum of Four Hundred Seventy Five Thousand Dollars ($475,000.00),for a new contract amount not to exceed Seven Hundred Thirty Five Thousand Dollars ($735,000.00). 23-13329/317189 1 A 2. TERM The term of the Agreement is extended for one additional year until February 8, 2025. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on October 5 ,2023. WCL TRU. 1i .CRP. CITY OF HUNTINGTON BEACH, a l municipal corporation of the State of ./— California By: ._ WO O .r' CI ', - y..�..._._...._. I L.-1 .„1 &t,...D print name --"\ ITS: (circle one)Ct airma PresidentNice President � Mayor ., AND I I ED AN APPROVED: By: tyvuo /at_) c;el Li '' print name Director f blic Works ITS: (circle one)Secretar Officer/Asst. Secretary-Treasurer ,i APPROVED • . " I FORM: 40, ..... . if ccq ..„(4‘_ _go_ -if Cit Attorney ' 'VI D AND APPROVE II 'k �N City Manager Receive and File tritift. €6h4ludAJ City Clerk ,0/65-A3 23-13329/317189 2 `ACPJRL1 CERTIFICATE OF LIABILITY INSURANCE D OE(MM/Oo YYJ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR.ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the oortlfioate holder Is an ADDITIONAL INSURED,the polioy(Ies)must ha endorsed. If SUBROGATION IS WAIVED,subjeot to the terms end oonditlons of the policy,certain polloles may require an endorsement. A statement on this certificate does not confer rights to the oertifi tate holder in lieu of such endorsement(s). PRODUCER CONTACT NA E: _ New Alliance insurance Brokers,!no Lic:0E48142 FRHQ, ;424-205.6700 (A/c,Hot:424.477-0101 3700 Santa Fe Ave,Suite 300, Alamos: certiiicatesenewalllanceIns.com Long Beach,CA 90810 INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A: UNITED FINANCIAL CASUALTY COMPANY 11770 INSURED INSURERS: NATIONAL TRANSPORTATION INSURANCE COMF 16011 WCL TRUCKING CORP INSURER C: 4123 W 107TH ST INSURER D: LENNOX,CA 90304-2011 INSURER E INSURER F: — COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL1SUBR - POLICYEFF POLICY EXP UM TYPE OF INSURANCE UNITS man,min POLICY NUMBER 1Mi',Up[j(YYY fL [MM/DDIYYYYI GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 _X COMMERCIAL GENERAL LIABILITY PREMISES(EaEo ocurrance) $ CLAIMS-MADE X OCCUR X MED EXP(Any one person) $ 5.000 B MGL-22-229443-01 12/09/2022 12/09/2023 PERSONAL&Am/INJURY ,$ 1,000.000 GENERAL AGGREGATE $ 2.000.000 GE'N{'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Tel POLICY n JEC I (LOC _ $ LIABILITY COMBINED SINGLE LIMIT AUTOMOBILE _ X (Eaacdden) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ A AUTOS — . AUTOSNON-OWNED 00624067-4 04/20/2023 04/20/2024 PROPERTY DAMAGE HIRED AUTOS AUTOS (Peraccldenp $ $ UMBRELLA L1AB OCCUR EACH OCCURRENCE $ — EXCESS LIAB CLAIMS-MADE AGGREGATE $ CEO RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETORIPARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? N I A {Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPFRATrONS hew E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS l VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace Is requIred) ""THIS CERTIFICATE IS ONLY VALID FOR SCHEDULED VEHICLES"" ""SEE ATTACHED'ADDITIONAL REMARKS SCHEDULE'FOR LIST OF SCHEDULED VEHICLES"" ""CERTIFICATE HOLDER HAS BEEN NAMED AS ADDITIONAL INSURED FOR THE AUTO LIABILITY AppEitekytt L RAGE"" By: MICHAEL E.GATES CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED CITY OP HUNTINGTON BEACH OR APPOINTED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN ST. HUNTINGTON BEACH,CA 92648 AUTHORIZED REPRESENTATIVE ©1986.2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/06) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 86007 LOCTh AE RD® ADDITIONAL REMARKS SCHEDULE Page 2 Of 3 AGENCY NAMED INSURED New Alliance Insurance Brokers, Inc. WCL TRUCKING CORP POLICY NUMBER 4123 W 107th St MGL-22-229443-01 Lennox,CA 90304-2011 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance SCHEDULED VEHICLES: • 2022 PETERBILT TRACTOR VIN:1 XPXD49X5ND769568 ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:MGL-22-229443-01 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" 'property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: MGL-22-229443-01 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 MGL-22-229443-01 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Su a ity H fro CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 H n Teach Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if 1 hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company Name: `/\I (,/ ¶w1(*1 )11,J Gt1Yp Address: `1 ,2 VI ( 11-01 Si to nn 0) Gfi- 9 Applicant WLf l fer .A Applicant's Signature: Title: G CD Date Signed: 1 12 t j1.5 Telephone Number: 311). (fiV1 . 31' S Scanned with CamScanner National Transportation insurance Company RRG, LLC 27 North 27th Street, Suite 1900, Billings, MT 59101 NAIC#16011 Name Insured; WCL TRUCKING CORP Policy Number: MGL-22-229443-01 Effective Date: 0B/23/2023 Policy Period: 12/09/2022 to 12/09/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT It Is hereby agreed and understood, in consideration of no change in premium, the following Is added as additional Insured: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS 2000 MAIN ST. HUNTINGTUN BEACH, CA 92648 Email: none@none Fax: Nothing here in contained shall be held to waive, alter or extend any of the declarations, agreements, conditions, or terms of the aforementioned Policy other than as above stated. NTIC-AI-11-18 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WCL TRUCKING CORP. FOR AS NEEDED MATERIAL HAULING SERVICES THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter called"City,"and WCL Trucking Corp. a California Corporation,hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of material hauling services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW,THEREFORE,it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Walter Lima,who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 20-8725/231969 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Four Hundred Seventy Five Thousand Dollars ($475,000). b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence Febram!U 1, &Z1 , or as soon as practicable after the execution of this Agreement by City(the`Commencement Date")and terminate three(3) years after commencement date unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A"are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A,"Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including,without limitation,all original drawings,designs,reports,both field and office notices, calculations,computer code, language, date or programs,maps, memoranda,letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 20-8725/231969 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents,and volunteers from and against any and all claims,damages,losses,expenses,judgments,demands and defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property,arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors,anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code,which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers,employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage,including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 20-8725/231969 3 the aggregate limit must be no less than One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000)for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees,agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention,or a"deductible"or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention,"deductible"or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended,voided or canceled by either party, reduced in coverage or in limits except after thirty(30) days' prior written notice; however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 20-8725/231969 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any,in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty(30)days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination,subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements,oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or otherwise, have been made by any party,or anyone acting on behalf of any party, which are not embodied herein. 20-8725/231969 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor,Contractor may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates,or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove)or to City as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach WCL Trucking Corp. Attn: Rudy Ocampo Attn: Walter Lima 2000 Main Street 4123 W. 107" St. Huntington Beach, CA 92648 Lennox,CA 90304 19. Consent When City's consent/approval is required under this Agreement,its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20-8725/231969 6 21. Section Headings The titles,captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions,and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole,according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and ' wherever there is any conflict between any provision contained herein and any present or future statute, law,ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services,and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington 20-8725/231969 7 Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement,it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this,Contractor agrees, at the request of the City,to require its employees to execute written undertakings to comply with the foregoing,confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed,religion, sex, marital status, sexual orientation, age, national origin,ancestry,or disability, as defined and prohibited by applicable law, in the recruitment, selection,training,utilization, promotion,termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity,interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses,permits, approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals,waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20-8725/231969 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement,and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises,agreements or warranties,oral or otherwise,have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty,fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20-8725/231969 9 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a WCL Trucking municipal corporation of the State of By. & City Clerk �X C' U 'Y� Print name I --� ITS: (circle one)Chairman�esident/J INITIATED AND ROVED: Vice President AND By: G1 au kN q L , foci �rec or of P or s Print name ITS: (circle one) Secreta Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer 9. ity Attorney EWED AN APPROVED: City Manager 20-8725/231969 10 2 Background and Protect Summary Scope Haul away mixed inert—We will be hauling away a mixture of dirt, concrete and asphalt ® Bidder shall be the one performing the work—Victor Pedraza or WCL will be performing the work No third party or sub contractors—We will NOT be sending any other trucking companies Must be able to haul away 22 tons of material on 18"wheel dump truck per single trip —We only operate 18 wheel dump trucks that handle up to 24 tons e Must be available for same day service—We can provide this as long as we get a 3 hour advance notification ® Trucks used for transport of materials must be in good condition to minimize the chance of accidental release of the materials while in transit—Our trucks are serviced on a monthly basis and are also fitted with covers on dump beds • The loading, transporting, handling and disposal of materials in an environmentally acceptable manner which conforms to all applicable regulatory requirements and standards—The materials are transported to a Land Declamation locations that are under State and Local regulations Contractor shall provide all supervision, equipment and labor necessary to provide as needed material hauling services--All supervision, equipment and labor is provided by us. Methodology Section 1. Not Applicable 2. Dump trucks are 18 wheel with a 24 ton capacity, no third party involvement, trucks are in good condition, and same day service upon request 3. Material will be hauled away on the same day. Will be able to do multiple trips per day. 4. City is to provide loader and operator to dump truck. This will be scheduled and typically takes about 20 min to complete Staffing Claudia Lima—Assistant Walter Lima— Driver EXHIBIT A 4 Fee Proposal Available to provide service during Emergency call-out Post Disaster Debris Removal and disposal service. Single Load of 22 tons on 18 wheel dump truck-$675.00 Any increase in dump fees will be added to the price to offset the cost. A 30 day notification'will be given to the City prior to making the adjustment. EXHIBIT B A rzZ& CERTIFICATE OF LIABILITY INSURANCE D01/11/2021' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: New Alliance Insurance Brokers, Inc Lic:OE48142 fAIC.No.PHONE .424-205-6700 AIC No): 424-477-0101 3700 Santa Fe Ave,Suite 300, AIL ADDRESS: certificates@newallianceins.com Long Beach,CA 90810 INSURERS AFFORDING COVERAGE NAIC a INSURERA: PROGRESSIVE INSURANCE COMPANY INSURED INSURER B: AXIS SURPLUS WCL TRUCKING CORP INSURERC 4123 W 107TH ST INSURER D: LENNOX,CA 90304-2011 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWDD/YYYY MMIDDIYYYY GENERAL LIABILITY EACHOCCURRENCE $ IIAMA13F ToRE x COMMERCIAL GENERAL LIABILITY X PREMISES Ea occurrence $ 100,000 X CLAIMS-MADE F—IOCCUR MED EXP(Any me person) S 5,000 S ESC81322 12/09/2020 12/09/2021 PERSONAL&ADV INJURY $ 100(),()0 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ INCLUDED POLICY PRO LOC $ AUTOMOBILE LIABILITY Ee aBcc dEentSINGLE LIMIT S 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED I SCHEDULED BODILY INJURY(Per accident) SA AUTOS NON-OWNED 00624t)67-1 04/20/2020 04/2p12021PROPERTY DAMAGEHIREDAUTOSAUTOS Peramidenl $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTIONS $ WORKERS COMPENSATION oC STATUS OE H- AND EMPLOYERS'LiABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ OFFICEIMEMBE2 EXCLUDED? ❑ N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS belmy E.L.DISEASE-POLICY LIMIT $ APPR VED AS TO FORM DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space Is required) d *—THIS CERTIFICATE IS ONLY VALID FOR SCHEDULED VEHICLES— �ICHABL k.0A .."SEE ATTACHED'ADDiTIONAL REMARKS SCHEDULE'FOR LIST OF SCHEDULED VEHICLES—- CITY AftORNSY *—The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers HAS MOORM (OMD FOR THE GENERAL LIABILITY COVERAGE AND Primary and Non Contributory coverage"" CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH 2000 MAIN ST SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGON BEACH,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 86007 _ LOC#: A�?�® ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY NAMEDINSURED New Alliance Insurance Brokers,Inc. WCL TRUCKING CORP POLICY NUMBER 4123 W 107th St Lennox,CA 90304-2011 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance SCHEDULED VEHICLES: 2011 PETERBILT TRACTOR VIN:1XPHDP9XXBD130930 UNIDENTIFIED TRAILER ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Change Number 04 POLICY NUMBER POLICY CHANGES COMPANY ESC81322 EFFECTIVE Axis Surplus Insurance Company 01-12-2021 NAMED INSURED AUTHORIZED REPRESENTATIVE WCL TRUCKING CORP MGA Only-AmWINS Access Ins.- Small Commercial Business (Charlotte) COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part CHANGES It is hereby agreed that the following changes are made to the policy: The following Additional insured is removed from the policy: CG2010-ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN ST, HUNTINGTON BEACH,CA 92648 And also,the following is added as Additional insured per attached form (CG 20 26(04/13)- ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION ): CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN ST, HUNTINGTON BEACH,CA 92648 All other terms and conditions remain unchanged. A t orized epresentative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER:ESC81322 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN ST, HUNTINGTON BEACH, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations, A. Section II -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III- Limits Of Insurance: with respect to liability for "bodily injury", If coverage provided to the additional insured is "property damage" or "personal and advertising required by a contract or agreement, the most we injury caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those amount of insurance: acting on your behalf: 1. Required by the contract or agreement;or 1. In the performance of your ongoing operations; 2 Available under the applicable pplicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the applicable 1. The insurance afforded to such additional Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.. CG 20 26 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Change Number 2 POLICY NUMBER POLICY CHANGES COMPANY ESC81322 EFFECTIVE Axis Surplus Insurance Company 01-12-2021 NAMED INSURED AUTHORIZED REPRESENTATIVE WCL TRUCKING CORP MGA Only-AmWINS Access Ins.- Small Commercial Business [Charlotte] COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part CHANGES In consideration of Additional Premium$200 and$6.50 Tax/Fee, It is hereby agreed that the following changes are made to the policy: The following form is added to the policy: CG2001-Primary And Noncontributory-Other Insurance Condition And also,following Additional Insured is added as per attached form (CG2010-ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION): CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH,CA 92648 All other terms and conditions remain unchanged. Authorized Representative Signature IL 12 0111 85 Copyright,Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 i COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and i I I i i I i i i i i I i I CG 20 01 04 13 C Insurance Services Office, Inc.,2012 Page 1 of 1 j I i