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HomeMy WebLinkAboutWestern Pump Inc; 2026-08-24; MSA27-4150FLTMSA27-4150FLT City Attorney Approved 6/30/2025 Page 1 MAINTENANCE SERVICES AGREEMENT FOR AS-NEEDED SHOP EQUIPMENT SERVICES WITH WESTERN PUMP, INC. THIS AGREEMENT (“Agreement”)_is made and entered into as of the ______________ day of _________________________, 2026, by and between the City of Carlsbad, California, a municipal corporation and California charter city ("City") and Western Pump, Inc., a California corporation ("Contractor"). RECITALS A. City requires the services of a contractor experienced in the inspection, maintenance, repair, certification, and related services for vehicle maintenance shop equipment, including lifts, hydraulic and pneumatic systems, compressed air systems, fluid distribution systems, storage tanks, exhaust removal systems, cranes, and other associated shop equipment (collectively, the "Services"). B. Contractor is duly qualified and has the necessary experience, personnel, equipment, and expertise to provide the Services. C. The City completed an informal procurement process for the Services, and Contractor was selected to provide the Services under this Agreement. 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 (“Services”) described and delineated in Exhibit “A.” To the extent that any of the terms in the Exhibits(s), including any attachments, conflict with the terms in this Agreement, in whole or in part, the terms of this Agreement control. 2. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed nine thousand four hundred fifty dollars ($9,450). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed nine thousand four hundred fifty dollars ($9,450) per Agreement year. Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 24th August MSA27-4150FLT City Attorney Approved 6/30/2025 Page 2 Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. 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." 4. PUBLIC WORKS 4.1 Prevailing Wage Rates. Any construction, alteration, demolition, installation, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by Contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 4.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number, including submitting the form provided in Exhibit “B.” 5. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing 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. 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. Contractor is Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 3 responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that 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 this Agreement. 6. 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 the 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. 7. 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: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 4 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. 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 attorneys 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 California Civil Code section 2782.8), then, and only to the extent required by California 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, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation program 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. 10. 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. 10.1 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 Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 5 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. 10.1.1 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. 10.1.2 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. 10.1.3 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. 10.1.4 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. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, 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 City. 10.2.4 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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 Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 6 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 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. 11. 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. 12. 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, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. 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 Tony Sansavera Title Supervisor Title Project Manager Dept Fleet & Facilities Address 3235 F St. San Diego, CA 92102 Address 2480 Impala Drive Phone 619-446-9031 Carlsbad, CA 92010 Email tonys@westernpump.com Phone 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. 14. 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 ☒ 15. 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 Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 7 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. 16. 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. 17. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 18. 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. 19. 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 Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 8 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 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. 20. 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. 21. 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 attorneys 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. 22. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of choice of law principles. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 9 23. NO ATTORNEYS FEES AND COSTS. Except as otherwise specifically provided in this Agreement, if there is any litigation, mediation, arbitration or other dispute resolution proceedings arising out of this Agreement, each Party shall be responsible for its own attorney and other professional fees, costs and expenses. 24. 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. 25. 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. 26. 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. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 10 CONTRACTOR WESTERN PUMP, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Ryan E. Rethmeier, President ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Vania DeFrates, Secretary Deputy / Assistant City Clerk 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: _____________________________ Deputy/Assistant City Attorney Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 11 EXHIBIT A SCOPE OF SERVICES AND FEE SCOPE: 1.1 The City of Carlsbad Public Works Fleet Service Department has a requirement for as needed shop equipment maintenance, parts, and certification services. The Contractor must be able to provide services under the following categories: 1.1.1 Vehicle/Equipment Lifts 1.1.2 Hydraulics 1.1.3 Pneumatics 1.1.4 Compressed air systems 1.1.5 Fluid Distribution systems 1.1.6 Oil & Fuel Storage tanks 1.1.7 Exhaust Removal Systems 1.1.8 Equipment Repair (Including but not limited to tire balancers, alignment machines, brake lathes, A/C machines & Pressure washers) 1.1.9 Cranes 1.2 From the categories above, the Contractor shall be able to perform requested services which include, but are not limited to: 1.2.1 Annual service and safety inspections on all hoists, lifting equipment, and hydraulic pumps according to manufacturers' recommendations and the American National Standards Institute (ANSI)/The Automotive Lift Institute (ALI) "Standards for Automotive Lifts-Safety Requirements for Operation, Inspection and Maintenance." 1.2.2 Annual floor jack inspections/certifications per California Occupational Safety and Health Administration regulations compliance requirements. 1.2.3 Annual service and inspection on air compressors (oil changes and belt/coupler replacement). 1.2.4 Ensure the integrity of all underground and above ground hydraulic pumps, lines, and tanks (pressure test if applicable). Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 12 1.2.5 Service and maintain lube pumps, overhead reels, and associated lines. 1.2.6 After completion, provide records/logs of inspections and maintenance for services rendered. 1.2.7 Hydraulic hoists (seals, posts, locks, reservoir, pumps, vault, and air & hydraulic lines, covers, etc.). 1.2.8 Fluid pumps and plumbing lines 1.2.9 Dispensers (motor oil, gear oil, and transmission fluid) 1.2.10 Inspection, service, and repair of: 1.2.10.1 - Steam pressure cleaner 1.2.10.2 - Tire changing machines 1.2.10.3 - Tire balancing machines 1.2.10.4 - Welding equipment 1.2.10.5 - A/C recharging 1.2.10.6 - Machines to include drill press and band saws 1.2.10.7 - Brake lathe equipment 1.2.10.8 - Pneumatic tools REQUIREMENTS: 1.3 The Contractor and all subcontractor(s) shall be in full and current compliance with all necessary permits, licenses, fees, assessments, and taxes that are mandated by applicable federal, state, local, and county governments and their agencies, boards, and commissions for doing business and providing the types of goods and/or services that the Contractor advertises and offers in its normal course of business. 1.4 The Contractor’s compliance shall have been current for a minimum of the past 12 months or since the Contractor first obtained a business license, if the Contractor has been in business for less than 12 months. 1.5 The Contractor and/or subcontractor shall not have been cited, noticed, or fined within the past 36 months for failing to maintain full and current compliance with necessary permits, licenses, fees, assessments, and taxes. The City reserves the right to request documentation confirming the Contractor’s compliance with this requirement. 1.6 The Contractor shall furnish all labor, material, equipment, tools, and other items necessary to accomplish the required repairs and services. Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 13 OTHER REQUIREMENTS FOR TECHNICIANS: 1.7 Work shall only be performed by qualified technicians. 1.8 The Contactor shall ensure all technicians maintain required certifications. PARTS: 1.9 Proposed parts discount shall remain firm fixed through duration of contract. SERVICE PROCEDURE: 1.10 Contractor shall respond to requests for service within (1) business day of initial call request and shall have services available on-site within 48 hours of initial contractor 1.11 Contractor shall provide a response to initial request for estimate within one (1) business day of receipt of initial request. WORK ORDERS & INVOICING: 1.12 Contractor shall adhere to the following procedures to ensure prompt payment for services rendered. 1.13 Contractor shall not begin work on any equipment without first receiving a Work Order number provided by Fleet Services. 1.14 Work performed by Contractor that was not requested by Fleet Services, and that does not have a Work Order number will not be paid. 1.15 Contractor shall submit invoices for payment within 24 hours of work performance via fax 760-438-1532 or email to fleetinvoices@carlsbadca.gov 1.16 Invoices submitted for payment shall include a description of services performed, description of equipment being serviced, an itemized detail of labor and parts utilized, and reference all of the following: date and time of initial call request, and date and time of job completion, name of Fleet personnel requesting service. QUOTATIONS: 1.17 Vendors will provide, at request from Fleet Services, estimates for the installation, replacement, or repair of various equipment upon request. 1.18 Any maintenance repairs exceeding $1,000 will be done under a separate contract. Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 14 Item of Work Rate Estimated QTY Not to Exceed Total Hourly labor rate for Service / Maintenance / Inspection / Certification / Installation and Repairs $160.00/hr. 40 $6,400 Parts (20%Discount from List) N/A $2,000 Trip Charge $105 10 $1,050 Total Annual Not-To-Exceed Amount $9,450 Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 MSA27-4150FLT City Attorney Approved 6/30/2025 Page 15 EXHIBIT “B” DIR CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: As-Needed Shop Equipment Services NAME OF CONTRACTOR: Western Pump, Inc. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractors and any Subcontractors for this Project must be registered with the Department of Industrial Relations. See Public Works (ca.gov) for additional information. Contractor certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations. Name of Contractor: Western Pump, Inc. DIR Registration Number: 1000006997 DIR Registration Expiration: 6/30/2027 Contractor further certifies: 1. Contractor shall maintain a current DIR registration for the duration of the Project. 2. Contractor will include the requirements of Labor Code Sections 1725.5 and 1771.1 in any contractor with subcontractors and ensure that all subcontractors are registered at the time of contract award and will maintain registration status for the duration of the Project. Signature: Date: Name: Ryan E. Rethmeier Title: President Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 8/20/2026 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER: $ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE 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), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/6/2026 (858) 200-3373 (858) 200-3374 Western Pump, Inc.13370 Kirkham Way Poway, CA 92064 26247 16535 A 1,000,000 X GPL183000401 4/1/2026 4/1/2027 100,000 Deductible $25K 5,000 1,000,000 2,000,000 2,000,000 Pollution Occur 1,000,000 1,000,000B BAP246934501 4/1/2026 4/1/2027 5,000,000A SXS243477901 4/1/2026 4/1/2027 5,000,000 0 C X WC252169801 4/1/2026 4/1/2027 1,000,000Y1,000,000 1,000,000 A Professional Liab. GPL183000401 4/1/2026 Each Accident 1,000,000 A Ded: $25K Accident GPL183000401 4/1/2026 4/1/2027 Aggregate 2,000,000 *Excess Liability Insurer: AXIS Surplus Insurance CompanyPolicy Term: 4/1/2026 - 4/1/2027 Policy Number: EAZ681573/01/2026Limits: Aggregate: $5,000,000 ; Occurence: $5,000,000 Deductible: $0 SEE ATTACHED ACORD 101 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murrieta, CA 92564 WESTPUM-02 FAUMI1 Assured Partners of CA Insurance Services, LLC9655 Granite Ridge Drive, Ste 450San Diego, CA 92123 Miriam Fausto miriam.fausto@assuredpartners.com Steadfast Insurance Comany American Guarantee & Liab Ins Zurich American Insurance Co. X 4/1/2027 X X X XX X X X X Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Assured Partners of CA Insurance Services, LLC WESTPUM-02 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Western Pump, Inc.13370 Kirkham WayPoway, CA 92064 SEE PAGE 1 FAUMI1 1 Description of Operations/Locations/Vehicles: Excess Liability policy follows the General Liability, Contractors Pollution Liability, Professional Liability, Auto Liability & Employers Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. * Professional Liability Claims Made Retro Date 5/10/2004 * * Excluded Officer: Ryan Rethmeier RE: Contract No. PSA21-1510FLT City of Carlsbad/CMWD is named additional insured with respects to General Liability per the attached endorsement. Workers Compensation Waiver of Subrogation applies. Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5 Docusign Envelope ID: 37E50CDD-47B1-83FF-8147-5C3B9C1728A5