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HomeMy WebLinkAboutSVT Fleet, LLC d.b.a. SVT Fleet Solutions; 2024-11-19; PSA25-3617FLTPSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 1 AGREEMENT FOR AS NEEDED MOBILE VEHICLE MAINTENANCE SERVICES SVT FLEET, LLC THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and SVT Fleet, LLC d.b.a. SVT Fleet Solutions, a California limited liability company ("Contractor"). RECITALS A. City requires the services of a consultant that is experienced in mobile services. B. Contractor has the necessary experience in providing services and advice related to mobile services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the Agreement term shall not exceed thirty- nine thousand fifty dollars ($39,050). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B 19th November PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 2 Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 3 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 4 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. 11.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 5 documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City For Contractor Name Esequiel Perez Name Dan Smith Title Supervisor Title Project Manager Department Public Works Address 450 Corporate Drive City of Carlsbad Escondido, CA 92029 Address 1635 Faraday Ave. Phone No. 760-497-3910 Carlsbad, CA 92008 Email dansmith@svtfleet.com Phone No. 442-339-2192 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 6 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 7 product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 8 28. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 29. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. [signatures on following page] Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 9 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California SVT Fleet, LLC, a California limited liability company d.b.a. SVT Fleet Solutions By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Michael Thompson, President (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Item of Work Rate/Hrly Estimated Hours Total LABOR – In Shop $128.00 100 $12,800 LABOR – Mobile Service Calls $138.00 125 $17,250 PARTS – (Discount) Cost Plus 15% N/A $9,000 Total Annual Not-To-Exceed Amount $39,050 SVT Fleet, LLC will perform as-needed vehicle repairs, service, parts installation and inspections at various City of Carlsbad, California sites. Repairs will be completed in accordance with Cal/OSHA Title 8, Section 1595, 3328, 3314, 5579 and adherent to California Bureau of Automotive Repair Law & Regulations Reference Book (2019 Edition) Article 6.1 Sections 3351.7.1 through 3351.1.7.3 pursuant to mobile automotive repair. As needed services shall be performed by qualified technicians capable of the following tasks: • Diagnosis and repair of automotive and truck electrical, HVAC, suspension, drivetrain/driveline/transmission, lubrication, cooling, engine and emissions systems. • Mobile repair of fire apparatus. • Hydraulic system diagnosis and component repairs. • Welding and fabrication. • Small engine/pump repair. • Various Department of Transportation (DOT) and/or emission inspections as directed. Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B PSA25-3617FLT City Attorney Approved Version 5/22/2024 Page 11 Work Location(s) Repair and or replacement services shall be performed at the Fleet Maintenance repair facility located at 2480 Impala Drive, Carlsbad, California 92010 unless otherwise requested by Fleet Services at time-of- service request. • Service performed at alternate service locations as defined below, or public roadways shall only be performed where work can be performed in a safe and orderly manner which does not risk harm or injury to the vehicle, equipment, members of the public, employees of vendors’ agency, or City of Carlsbad staff. o Alternate Service Locations: Fire Station 1 – 1275 Carlsbad Village Drive Fire Station 2 – 1906 Arenal Road Fire Station 3 – 3465 Trailblazer Way Fire Station 4 – 6885 Batiquitos Drive Fire Station 5 – 2540 Orion Way Fire Station 6 – 7201 Rancho Santa Fe Road Fire Station 7 – 4600 Carlsbad Blvd. Public Safety Training Center – 5750 Orion Street Public Works “Oak” Yard – 405 Oak Avenue Utilities/Water District – 5950 El Camino Real Parks Maintenance & Administration – 1166 Carlsbad Village Drive If requested work cannot be performed safely as identified above, vendor shall contact Fleet Services immediately to advise of safety concerns. Fleet Services will then re-schedule work to be performed at the Fleet Maintenance Repair Facility. Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 04/04/2024 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 CERT DEPT NAME: Shepherd Insurance, LLC. ~gN,:0 Extl: (317) 846-5554 I FAX (A/C, No): (317) 846-5444 111 Congressional Boulevard E-MAIL certs@shepherdins.com ADDRESS: Suite 100 INSURER(S) AFFORDING COVERAGE NAIC# Carmel IN 46032 INSURERA: Travelers Indemnity Co of Connecticut 25666 INSURED INSURERB: SVT Fleet, LLC INSURERC: Starstone National Ins Co 44776 INSURERD: Travelers Property Casualty Co of America 25674 2429 Peck Road INSURERE: Whittier CA 90601-1605 INSURERF: COVERAGES CERTIFICATE NUMBER: CL2421621517 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 POLICYEFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYYl (MM/DD/YYYYl X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE [81 OCCUR LJ"M"\>C: I\ Yi""" I C:LJ PREMISES Ea occurrence! $ 100,000 MED EXP (Any one person) $ -A AD4W92732323/AD4W924 7 4A 03/01/2024 03/01/2025 PERSONAL &ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ POLICY □ ~rg: □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY fic~~:~;~i/>INGLE LIMIT $ 1,000,000 X ANYAUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED A AD4W92732323/AD4W924 7 4A 03/01/2024 03/01/2025 BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ --X Garage Liab X Garagekeepe Garagekeepers Limit $ ACV X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 10,000,000 -CD EXCESS LIAB CLAIMS-MADE CUP4W970835/77553L231 ALI 03/01/2024 03/01/2025 AGGREGATE $ 10,000,000 DED I XI RETENTION $ 0 $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Automatic additional insured status when agreed in writing in a contract or agreement for auto liability on a primary & non-contributory basis per form CAT618 01/18. Automatic additional insured status when agreed in writing in a contract or agreement for general liability "your operations" (including ongoing and completed ops liability) on a primary & non-contributory basis per form CAT621 01/18. A waiver of subrogation for general/auto liability is automatic when agreed in writing in a contract or agreement per form CAT340 02/15. All in accordance with the policy terms, conditions and exclusions. Garagekeepers Comp/Coll Deds $5000 Each CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Ins Compliance Svcs AUTHORIZED REPRESENTATIVE PO Box947 Murrieta CA 92564 Vh I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B _,,.......-., ACORD® ~ _, 8haphenl lnauiwu:e, U.C. PCIJC'f'-R -Ill AmTIONAI.. REMARKS AGENCY CUSTOMER ID: llllll17518 ----------------LOC f: ______ _ ADDITIONAL REMARKS SCHEDULE of -INIURED Velodty Vllhlde Gnxlp 1--l!IRelMIM'II!: 1Hl8 ADDITIONAL REIIIARK8 FORM 18A8CHEDULE TO ACORD FORM, FORII NUMBER: 26 FORM 1111.E: Cellffleatle ofllablllly lnauratcae: Note& Agl'MIIMnl Number. PSA2:3-.2048FLT Agreement Nsme: ~ Needed Moblle Ser\'li:N Addltlanli IIIU1lda Raqulnld In Ca!tnu:t: City d Catllbml/CMWD ACORD101{2ilOIW'I) 0 21111ACGRD CORPORA'l10N. All 11gta-rtllld. The ACORD 11111111111d logo -191latlnld marlla al ACORD Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B o Fleet Logic, LLC-OBA: Velocity Truck Rental & Leasing o Port Finance Acceptance Corporation o California Bus Sales & Service Center ■ DBA-California Bus Sales o Bus West, LLC-Bus West Carson, Fresn~, & Sacramento o Los Angeles Truck Centers, LLC 401k o Cobra Bus, LLC o Freightliner, Sterling, Western Star of Arizona,~ TD o Freightliner, Sterling, Western Star of Arizona Phoenix, Inc. o Freightliner, Sterling, Western Star of Arizona, Chandler o Freightliner Flagstaff Acquisitions, LLC o Freightliner of Arizona, Flagstaff, Inc. o Redgate Arizona, LLC o Freightliner of Arizona, LLC ■ DBA-Velocity Truck Center ■ DBA-Velocity Truck & Trailer ■ DBA-Velocity Isuzu Trnck Center ■ DBA-Sport Truck RV ■ DBA-Nogales Truck & Trailer ■ DBA-Neely Coble Company o Transwest San Diego, LLC ■ DBA -Miramar Truck Center ■ DBA -Miramar Truck & Body o Crossroads Small Business Solutions, LLC o Velocity Dealership Holdings, LLC o Velocity Dealership Acquisitions, LLC o Velocity Dealership Group, LLC o Crossroads Finance Holdings, LLC o Crossroads Finance Acquisition, LLC o Velocity Truck Centers, LLC ■ DBA -Great Dane of Southern California o Velocity Vehicle Group Carolinas I, LLC ■ DBA -Velocity Truck Centers o Velocity Vehicle Group Carolinas II, LLC • DBA-Velocity Truck Centers ■ DBA -Aftermarket Parts Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B o Velocity Vehicle Group Carolinas III, LLC o Velocity-EV, LLC o SVT Fleet, LLC • DBA SVT Fleet Solutions --1diiiiiiiiiWii- ~~tit~~ ~~- Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B Names to Be Listed: o VVG Holdings, LLC o Redgate Partners, LLC o Los Angeles Truck Centers, LLC • DBA -Los Angeles Freightliner • DBA -California Fleet Solutions • DBA -Las Vegas Freightliner • DBA -San Diego Freightliner • DBA -Las Vegas Freightliner-Sterling-Western-Star • DBA -Los Angeles Freightliner-Western Star-Mitsubishi • DBA -Los Angeles Freightliner-Western Star • DBA -South Bay Truck Center • DBA -South Bay Isuzu Truck • DBA -South Bay Hino Truck • DBA -South Bay Sterling Truck • DBA -Silver State Truck & Trailer • DBA -Refuse Parts & Maintenance • DBA -Velocity Vehicle Group • DBA -High Desert Truck & Trailer • DBA-Buswest of Las Vegas • DBA-Big T's Freightliner • DBA-Velocity Truck Center Ventura County • DBA-Velocity Truck Centers • DBA-Velocity Truck and Trailer Parts • DBA -Central California Truck and Trailer Sales o Seleotruoks of Los Angeles, LLC DBA: Seleotrnoks of Las Vegas o Performance Truck & Trailer, LLC • DBA -Performance One • DBA -BC Truck Management o Crossroads Equipment Lease & Finance, LLC o Los Angeles Truck Service, LLC o Transwest Truck Center, LLC • DBA -Transwest Ford Trucks • DBA -Southern California Great Dane Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B AD4W9273323/AD4W92474A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of Rights Of Recovery Against Others To Us, of the CONDITIONS Section: 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver ap- plies only to the person or organization desig- nated in such contract. CA T3 40 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B AD4W9273323/AD4W92474A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED FOR COVERED AUTOS COVERAGES -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM PROVISIONS 1. The following is added to Paragraphc. in D.2., Who Is An Insured, of SECTION I -COVERED AUTOS COVERAGES: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for auto liability coverage, but only for damages to which this insurance applies and only to the extentof that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SECTION IV -CONDITIONS, but only for Covered Autos Liability Coverage: Regardless of the provisions of paragraphs a. and f. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA TS 18 0118 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B AD4W9273323/AD4W92474A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED FOR GENERAL LIABILITY COVERAGES -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS 1. "Any person or organization with whom you have agreed in writing in a contract or agreement that such person or organization be added as an additional i nsured on your policy, any any other person or organization you are required to add as an additional insured under the contract or agreement." PROVISIONS 1. The following is added to Paragraph D., Who Is An Insured, of SECTION II -GENERAL LIABILITY COVERAGES: Any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement between you and that person or organization, that is signed by you before: a. The "bodily injury" or "property damage" occurs; or b. The "personal injury" or "advertising injury" offense is committed; and that is in effect during the policy period, to name as an additional insured for general liability coverage, but only for damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing "auto dealer operations"; or b. In connection with your premises owned by or rented to you. 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SECTION IV -CONDITIONS, but only for General Liability Coverages: Regardless of the provisions of paragraphs d. and f. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule Of Additional Insured Persons Or Organizations is the first named insured when the written contract or agreement between you and that designated person or organization, that is signed by you before: (1) The "bodily injury" or "property damage" occurs; or (2) The "personal injury" or "advertising injury" offense is committed; and that is in effect during the policy period, requires this insurance to be primary and non- contributory. CA TS 21 0118 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 3/1/2025 4/3/2024 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 Lockton Insurance Brokers,LLC CONTACT NAME: CA License #0B99399 PHONE I FAX IA/C No Extl: (A/C No): 777 S. Figueroa Street, 52nd fl. E-MAIL Los Angeles CA 90017 ADDRESS: 213-689-0065 INSURER!Sl AFFORDING COVERAGE NAIC# INSURER A: Travelers Property Casualty Company of America 25674 INSURED SVT Fleet, LLC INSURERB: 1498375 2429 S. Peck Road INSURERC: Whittier CA 90601 INSURER D: INSURER E: INSURER F: COVERAGES VVGHO0l CERTIFICATE NUMBER: 20467171 REVISION NUMBER: xxxxxxx 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n wvn POLICY NUMBER fMM/DD/YYYYl fMM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx ~ □ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ xxxxxxx ~ MED EXP (Any one person) $ xxxxxxx PERSONAL & ADV INJURY $ xxxxxxx ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ xxxxxxx Fl □PRO-DLoc PRODUCTS -COMP/OP AGG $ xxxxxxx POLICY JECT OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ xxxxxxx ~ fEa accident\ ANY AUTO BODILY INJURY (Per person) $ xxxxxxx ~ OWNED -SCHEDULED BODILY INJURY (Per accident) $ xxxxxxx ~ AUTOS ONLY -AUTOS HIRED NON-OWNED iP~~~;c~~1~AMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY ~ - $ xxxxxxx UMBRELLA LIAB HOCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxx DED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION y I PER I I OTH- A AND EMPLOYERS' LIABILITY UB-8X874127-24-NC-T ~AO~ 3/1/2024 3/1/2025 X STATUTE ER A Y/N UB-8X873653-24-NC-R M 3/1/2024 3/1/2025 ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT $ 1 000.000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1000000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 30 Day Notice of Cancellation applies per the applicable policy language or endorsement( s ). Waiver of Subrogation applies per attached endorsement( s) or policy language. CERTIFICATE HOLDER 20467171 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-20 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B Attachment Code: D596983 Master ID: 1498375, Certificate ID: 20467171 Schedule of Work Comp Carriers by State Policy #U B-8X87 4127-24-NC-T Effective 3/1/2024 -3/1/2025 State NAIC AL, AK, KS, NM, NC, OK, 41483 OR, TN AZ., HI, Ml, MN, MS, TX, 19070 UT CA, KY, NV, ND, OH, VA, 25674 WA,WY CO, MO, MT, PA 19046 GA 25666 IL 25682 ID, SC 25683 FL, NY 25615 Policy #UB-8X873653-24-NC-R Effective 3/1/2024 -3/1/2025 MA 19038 WI 25674 Carrier Farmington Casualty Company The Standard Fire Insurance Company Travelers Property Casualty Company of America Travelers Casualty Insurance Company of America The Travelers Indemnity Company of America The Travelers Indemnity Company of Connecticut The Phoenix Insurance Company The Charter Oak Fire Insurance Company Travelers Casualty and Surety Company Travelers Property Casualty Company of America AM Best Rating A++ XV A++ XV A++ XV A++ XV A++ XV A++ XV A++ XV A++ XV A++ XV A++ XV Docusign Envelope ID: CB549C5B-2921-4E88-AC8E-26B44BD05E6B Attachment Code: D596982 Certificate ID: 20467171 TRAVELERS ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -002 POLICY NUMBER: UB-8X874127-24-NC-T (AOS) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Any person or organization for which the employer has agreed by written contract, executed prior to loss, my execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. DATE OF ISSUE: 03-12-21 ST ASSIGN: PAGE 1 Ofl