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HomeMy WebLinkAbout- - Western Trans Agreement Attachment 1 - 9/21/2010ATTACHMENT 1 AMENDMENT NUMBER ONE TO AGREEMENT FOR DRIVER SERVICES FOR SENIOR MOBILITY PROGRAM This Amendment is made and entered into this 1 st day of October, 2010, ("Effective Date") by and between Western Transit Systems, a California corporation ("Western") and the City of Costa Mesa, a municipal corporation ("City"). WHEREAS, Western and City entered into a three (3) year agreement dated October 1, 2007, for driver services for the City's Senior Transportation Program; and WHEREAS, Western and City's original proposal contained a provision for an additional one (1) year extension at City's option; and WHEREAS, the hourly rate of compensation, which has remained at the same rate for the past three (3) years, has now increased by $1.13 per hour; and WHEREAS, Western and City now wish to amend the Agreement to exercise the first one-year extension and increase the total compensation. NOW, THEREFOR, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Section 2.1, Compensation, shall be changed to read, "Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's compensation shall in no case exceed Seventy Thousand Fifty Dollars ($70,050.00). 2. Section 4. 1, Term, shall be changed to read, "This Agreement shall commence on the Effective Date and continue until September 30, 2011, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 3. All terms not herein defined shall have the same meaning and use as set forth in the Agreement. 4. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment, shall remain in full force and effect. Western Transit Systems ATTACHMENT 1 IN WITNESS WHEREOF, the Parties hereto have set their hand by their duly authorized representatives as of the day and year first above written. CITY OF COSTA MESA, A municipal corporation Mayor of the City of Costa Mesa WESTERN TRANSIT SYSTEMS Signature Name and Title Social Security or Taxpayer ID Number ATTEST: Deputy City Clerk and ex -officio Clerk of the City of Costa Mesa APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: Project Manager Date: Date: Date: b I '?o )I v Date: �1a Y// o 2 Western Transit Systems EXHIBIT C FEESCHEDULE ATTACHMENT Western Transit Systems Y JJ$ A a �F�ay!;$lCd. wry �. nl ��` �� d'� � i Y` -a �+P'• 7sc:,r e r lrr ��sl�or�`cafic>r� Sys eii-) 01:Def, ll-oi's August 25, 2010 Cost Proposal To: City of Costa Mesa Attn: City Clerk's Office 77 Fair Drive, I" Floor Room 100 Costa Mesa, CA 92626 From: Western Transit Systems 1619 East Lincoln Avenue Anaheim, CA 92805 Driver Services for Senior Mobility Program Annual service hours shall not exceed 2,286, unless prior written authorization is provided by the City. Hourly Rate: $ 30.63 x 2,286 per year = $70,050 Yearly Cost Hourly pricing includes all costs and fees associated with providing services, including all wages, overhead, insurance, benefits, training and other expenses. No unidentified fees, costs or charges will be billed. Term of Offer: It is understood and agreed that this Proposal may not be withdrawn for a period of ninety (90) days from this date and at no time in the case of successful Proposer. Proposer's Acknowledgement of His understanding of the Terms and conditions: Signature blow verifies that Proposer has read, understands and agrees to the conditions contained,hirein. Westb'rn Trdn' it Systems 1619 Fosf Lincoln Avenue 0 Anaheim, CA 92805 e (71 1) 535-0156 . FAX (714) 535.8768 EXHIBIT D CERTIFICATE OF INSURANCE ATTACHMENT Western Transit Systems ACORI ffl� CERTIFICATE OF LIABILITY INSURANCE DATE (MMDD/YYYY) 611812010 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 certificate holder is an ADDITIONAL INSURED, the pollcy(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). PRODUCERCONTACT Aon Risk Services Southwest, Inc. PO Box 3870 315 West 3rd Street Little Rock, AR 72203 www.aon.com NAME: PHONE (A1C, No, Ext): 800 541-8605 FAX (AIC, No): 847 953-1800 E-MAIL ADDRESS: PRODUCER CUSTOMER ID A: INSURERS AFFORDING COVERAGE NAIC R INSURED Western Transit System, Inc. 1619 E Lincoln Avenue Anaheim CA 92805 INSURER A: New Hampshire Insurance Co Chartis 23841 INSURER 8: Scottsdale Insurance Company 41297 INSURER C: INSURER D; INSURER E: ' INSURER F: COVERAGES CERTIFICATE NUMBER: 7616863 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 LTR TYPE OF INSURANCE AODL INSR SUER wvni POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS B GENERAL UABILITY Aon Risk Services BCS0022208 6/1/2010 6/1/2011 EACH OCCURRENCE 1,000,000 V1 COMMERCIAL GENERAL LIABILITY PREMISES Ee occurrence 100,000 CLAIMS -MADE I _V/1 OCCUR MED EXP (Any one person) 5,000 PERSONAL 8 ADV INJURY 1,000.0 GENERAL AGGREGATE $ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- LOC $ B AUTOMOBILE LIABILITY ANY AUTO V/ CAS0092134 6/1/2010 6/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE (Per accident) E HIRED AUTOS NON -OWNED AUTOS b $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE 5 EXCESS UAB CLAIMS -MADE DEDUCTIBLE 3 3 RETENTION $ _ _ S A WORKERS COMPENSATIONY / N AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE N / A WC001705193 4/23/2010 4/23/2011 ✓ - WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - FA EMPLOYEE $ 1,000,000 1! es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The City of Costa Mesa, its elected and appointed Boards, Officers, Agents, Volunteers and Employees are named additional insured under the Auto and General Liability as respects operations of the named insured 10 day Notice of cancellation for non-payment of premium CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO.: 7616663 Barbara Stone 6/18/2010 2:14:00 PM Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Costa Mesa ACCORDANCE WITH THE POLICY PROVISIONS. Recreational Division AUTHORIZED REPRESENTATIVE Attn: Donna Theriault 77 Fair Drive Aor044;,Serv%ces-Southwwest, Ilw Costa Mesa CA 92626 Aon Risk Services Southwest, Inc. Aon Risk Services ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO.: 7616663 Barbara Stone 6/18/2010 2:14:00 PM Page 1 of 1 POLICY NUMBER: CAS0092134 ATTACHMENT 1 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 06/01/2010 Named Insured: WESTERN TRANSIT SYSTEMS Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): CITY OF COSTA MESA RECREATION DIVISION 77 FAIR DRIVE COSTA MESA, CA 92628 The City of Costa Mesa, its elected and appointed boards, officers, agents, volunteers and employees are named additional insured under the Auto Liability policy as respects operations of the named insured. This coverage shall be primary and no insurance maintained by the city shall contribute to it. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 POLICY NUMBER: CAS0092134 ATTACHMENT 1 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-' fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 06/01/2010 Named Insured: WESTERN TRANSIT SYSTEMS, INC. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): CITY OF COSTA MESA HOUSING & COMMUNITY DEVELOPMENT 77 FAIR DRIVE COSTA MESA, CA 92628 The City of Costa Mesa, its elected boards, officers, agents, and employees are named additional insured as respects operations of the adult day care center. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 ATTACHMENT 1 POLICY NUMBER BCS 0 0 2 2 2 0 8 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 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 Persons Or Organization(s) ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY 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 organiza- tion(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Insured Copy