COOPERATIVE AGREEMENT FOR DISASTER-RELATED DEBRIS MANAGEMENT
SERVICES
THIS AGREEMENT made and entered into this _ day of _ 2024, by and between the City of Huntington Beach - 2000 Main St, Huntington Beach, CA 92648, a Charter City of the State of California (hereinafter referred to as "City").
WITNESSETH
WHEREAS, on September 21, 2021, Orange County, California and the Orange County Flood Control District entered into a contract with DRC Pacific, Inc. (hereinafter referred to "Contractor" or "DRC"'), designated as Contract No. MA-080-22010092, for Disaster-Related Debris Management Services after a competitive bidding process (hereinafter referred to as the "OC Contract"); and
WHEREAS, the OC Contract at page 12 of 55, paragraph 16, allows the provisions and pricing of the OC Contract to be extended to other California local or state governmental entities; and WHEREAS, the City wishes to utilize the pre-negotiated prices and terms of the OC Contract; and,
WHEREAS, it is in the public interest of the City to provide the expedient management of disaster-related debris management throughout the City and to provide recovery technical assistance to the appointed and elected officials resulting from a natural or manmade disasters; and WHEREAS, Contractor has the experience, equipment, manpower, general ability and resources, as well as the necessary permits and licenses to perform all related disaster-debris management and other related services: and
WHEREAS, for greater economy and efficiency and to benefit its citizens, the City wishes to contract DRC to provide the City with those services as set forth in the OC Contract.
NOW, THEREFORE, the City and DRC, each through their authorized representative/official, agree as follows:
1. The recitals above form part of this agreement.
2. The OC Contract is adopted and incorporated herein by reference its entirety and forms part of this agreement.
3. DRC assumes toward the City all obligations that DRC assumes toward Orange County, California and the Orange County Flood Control District under the OC Contract.
4. City assumes toward DRC all obligations that Orange County, California and the Orange County Flood Control District assume toward DRC under the OC Contract.
5. DRC shall hold harmless the City from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of the OC Contract.
IN WITNESS WHEREOF, and as the duly authorized act of the governing bodies, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and to be attested by their respective Clerks the day and year first above written.
CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor
City Clerk
INITIATED AND APPROVED:
ele'
Director of Public Works
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney pe
ACCEPTED BY: DRC PACIFIC, INC.
Kristy Fuentes, Vice President,
Secretary, Treasurer
22-11625/348130
IN WITNESS WHEREOF, and as the duly authorized act of the governing bodies, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and to be attested by their respective Clerks the day and year first above written.
CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor
City Clerk
INITIATED AND APPROVED:
Director of Public Works
REVIEWED AND APPROVED:
City Manager
pe
ACCEPTED BY: DRC PACIFIC, INC.
Kristy Fuentes, Vice President
22-11625/348130
2 VC K-
DATE (MM/DD/YYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE 08/12/2024
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorses I SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement ol this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER CONTACT
McGriff Insurance Services, LLC
10100 Katy Freeway, #400 (AC, No): 713-877-8974
Houston, TX 77043
INSURERS) AFFORDING COVERAGE NAIC #
INSURER A :Crum & Forsler Specially Insurance Company 44520 INSURED INSURER B :United States Fire Insurance Company 21113 DRC Pacific, Inc.
P.O. Box 17017 INSURER C: Texas Mutual Insurance Company 22945 Galveslon, TX 77552
INSURER D Argonaut Insurance Company 19801
INSURER E:
INSURER F:
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INSR POLICY EXP LIMITS
TYPE OF INSURANCE AND WAD ECG107 22LICY NUMBER.
X COMMERCIAL GENERAL LIABILITY 03/31/2024 03/31/2025 5,000,000
EACH OCCURRENCE
DAMAGE TO RENTED 200,000
] CLAIMS-MADE X OCCUR PREMISES (Ee occurrence)
MED EXP (Any one person 10,000
PERSONAL & ADV INJURY 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5.000,000 POLICY [X] PECT PRODUCTS - COMP/OP AGG 5,000,000
LOC
OTHER: 1387748556 OMBINED SINGLE LIM
AUTOMOBILE LIABILITY 03/31/2024 03/3112025 1,000,000
X ANYAUTO BODILY INJURY (Per person)
OWNED SCHEDULED DILY INJURY (Per acaden
AUTOS ONLY AUTOS
HIRED NON-OWNED OPERA DANC
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB (EFX125034 03/31/2024 03131/2025 EACH OCCURRENCE 5,000,000 OCCUR
X EXCESS LIAB AGGREGATE 5,000,000
CLAIMS-MADE
DED | TRETENTIONS
WORKERS COMPENSATION 001307608 T) 03/31/2024 031312025 X STATUTE TOTH 29088471754 0 LER
AND EMPLOYERS' LIABILITY Y/ N 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? IN NIA 1,000,000
(Mandatory in NH) EL. DISEASE - EA EMPLOYEE S
EESCRIPTION OF OPERATIONS below 1,000,000
E.L. DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addillonel Remarke Schedule, may be atlached If more space is required) By:
MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS.
City Of Huntington Beach AUTHORIZED REPRESENTATIVE
2000 Main Stree! R michael Breedlove, ge
Huntington Beach, CA 92648
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ECG107202
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED
WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured.
A. SECTION III - WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf.
This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence.
B. Whedule shown above because of pay have make for perage ring ani addr work performed under a designated project or contract with that person(s) or organization(s).
C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0118-0211 Page 1 of 1
POLICY NUMBER
ECG-107202
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
lame Of Additional Insured Person(s) O
Organization(s) Locations) of Covered Operations
The City of Huntington Beach, its officers, elected or Blanket when specifically required in a written appointed officials, employees, agents and volunteers contract with the named insured 2000 Main Street
Huntington Beach, CA 92648
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III - Who Is An Insured within the With respect to the insurance afforded to these Common Provisions is amended to include as additional insureds, the following additional an additional insured the person(s) or exclusions apply:
organization(s) shown in the Schedule, but only This insurance does not apply to "bodily injury" with respect to liability for "bodily injury", or "property damage" occurring after:
"property damage" or "personal and advertising
injury" cause, in whole or in part, by: 3. All work, including materials, parts or equipment furnished in connection with
1. Your acts or omissions; or such work, on the project (other than
2. The acts or omissions of those acting on service, maintenance or repairs) to be your behalf; performed by or on behalf of the additional in the performance of your ongoing operations insured(s) at the location of the covered for the additional insured(s) at the locations) operations has been completed; or designated above. 4. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organizatior
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
EN0321-0211 Page 1 of 1
POLICY NUMBER
ECG-107202
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 Person(s) or Location And Description Of Completed Organization(s): Operations
The City of Huntington Beach, its officers, elected Blanket when specifically required in a written or appointed officials, employees, agents and contract with the named insured. volunteers
2000 Main Street
Huntington Beach, CA 92648
information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III - Who Is An Insured within the
Common Provisions is amended to include as
an insured the person(s) or organizations)
shown in the Schedule, but only with respect to
liability for "bodily injury" or "property damage"
caused, in whole or in part, by "your work" at
the location designated and described in the
schedule of this endorsement performed for
that additional insured and included in the
"products-completed operations hazard".
EN0320-0211 Page 1 of 1