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HomeMy WebLinkAboutBonsall Petroleum Construction Inc; 2023-10-02; PSA24-2315FLTPSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 1 of 12 AGREEMENT FOR AS-NEEDED FUEL STATION REPAIRS SERVICES BONSALL PETROLEUM CONSTRUCTION, INCORPORATED THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Bonsall Petroleum Construction, Incorporated, a California corporation ("Contractor"). RECITALS A. City requires the services of a consultant that is experienced in maintenance, services, repairs and inspections of fuel stations. B. Contractor has the necessary experience in providing services and advice related to maintenance, services, repairs and inspections. 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 City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. 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. 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 initial Agreement term will be ten thousand one hundred dollars ($10,100). 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 ten thousand one hundred dollars ($10,100) per Agreement DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 October 2nd PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 2 of 12 year. 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. PREVAILING WAGE RATES Any construction, alteration, demolition, 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 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 him or her 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. 7. 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 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. 8. 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. DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 3 of 12 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. 9. 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. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, 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. 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. 12. 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. DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 4 of 12 12.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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. 12.1.1 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. 12.1.2 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. 12.1.3 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. 12.1.4 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. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 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. DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 5 of 12 12.5 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. 13. 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. 14. 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 three (3) years from the date of final payment under this Agreement. 15. 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. 16. 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. 17. 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. For City For Contractor Name Bradley Northup Name Laurie Perrault Title Public Works Superintendent Title Project Manager Department Public Works Address P.O. Box 969 City of Carlsbad Bonsall, CA 92003 Address 1635 Faraday Ave. Phone No. 760-631-0342 Carlsbad, CA 92008 Email laurie@bonsallpetroleum.com Phone No. 760-473-1267 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. DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 6 of 12 18. 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 19. 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. 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 DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 7 of 12 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 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 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. DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 8 of 12 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. 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. [signatures on following page] DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 PS A 2 4 -23 1 5 F L T Ci t y A t t o r n e y A p p r o v e d V e r s i o n 5 / 2 5 / 2 0 2 3 Pa g e 9 of 12 28 . AU T H O R I T Y Th e i n d i v i d u a l s e x e c u t i n g t h i s A g r e e m e n t a n d t h e i n s t r u m e n t s r e f e r e n c e d i n i t o n b e h a l f o f C o n t r a c t o r ea c h r e p r e s e n t a n d w a r r a n t t h a t t h e y h a v e t h e l e g a l p o w e r , r i g h t a n d a c t u a l a u t h o r i t y t o bi n d C o n t r a c t o r to t h e t e r m s a n d c o n d i t i o n s o f t h i s A g r e e m e n t . CO N T R A C T O R CI T Y O F C A R L S B A D , a m u n i c i p a l c o r p o r a t i o n o f th e S t a t e o f C a l i f o r n i a BO N S A L L P E T R O L E U M C O N S T R U C T I O N , IN C OR P O R A T E D , a Ca l i f o r n i a c o r p o r a t i o n By : By : (s i g n h e r e ) Pa z Go m e z , D e p u t y C i t y M a n a g e r , P u b l i c Wo r k s , a s a u t h o r i z e d b y t h e C i t y M a n a g e r La u r i e A n n P e r r a u l t , P r e s i d e n t (p r i n t n a m e / t i t l e ) By : (s i g n h e r e ) (p r i n t n a m e / t i t l e ) If r e q u i r e d b y C i t y , p r o p e r n o t a r i a l a c k n o w l e d g m e n t o f e x e c u t i o n b y c o n t r a c t o r m u s t b e a t t a c h e d . If a co r p o r a t i o n , A g r e e m e n t m u s t b e s i g n e d b y o n e c o r p o r a t e o f f i c e r f r o m e a c h o f t h e f o l l o w i n g t w o g r o u p s . Gr o u p A Gr o u p B Ch a i r m a n , Se c r e t a r y , Pr e s i d e n t , or As s i s t a n t S e c r e t a r y , Vi c e -Pr e s i d e n t CF O or As s i s t a n t T r e a s u r e r Ot h e r w i s e , t h e c o r p o r a t i o n mu s t at t a c h a r e s o l u t i o n c e r t i f i e d b y t h e s e c r e t a r y o r a s s i s t a n t s e c r e t a r y u n d e r co r p o r a t e s e a l e m p o w e r i n g t h e o f f i c e r ( s ) s i g n i n g t o b i n d t h e c o r p o r a t io n . AP P R O V E D A S T O F O R M : CI N D I E K . M c M A H O N , C i t y A t t o r n e y BY : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ De p u t y C i t y A t t o r n e y Do c u S i g n E n v e l o p e I D : 2 A 8 1 0 F 9 F - 6 2 C 4 - 4 5 C 7 - 9 E A F - 1 D F B 2 0 2 4 0 F 8 8 ~ ~ [ ?' i (J.~ t PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 10 of 12 EXHIBIT “A” SCOPE OF SERVICES Item of Work Rate/Hrly Estimated Hrs/Qty Total Annual Monitoring Certification $700.00 EA 1 $700 Annual APCD Vapor Recovery Testing $1,400.00 EA 1 $1,400 Overfill Prevention Inspection $500.00 EA 1 $500 36 Month SB989 Testing $1,600.00 EA 1 $1,600 LABOR - Service Calls $80.00/hr. 40 $3,200 TRAVEL RATE $80.00/hr. 15 $1,200 PARTS – (Discount) Cost Plus 10% NA $1,500 Total Annual Not-To-Exceed Amount $10,100 Bonsall Petroleum Construction, Inc., will perform as needed fuel station maintenance, inspections and testing at City of Carlsbad fuel site located at 2480 Impala Drive. Maintenance, inspections, and testing will be completed in accordance with Chapter 6.7 of Division 20 of the California Health and Safety Code as well as Title 23 of Division 3 of the California Code of Regulations. Bonsall Petroleum Construction, Inc. will be responsible for notifying the County of San Diego’s Department of Environmental Health & Quality DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 11 of 12 Hazardous Materials Division of planned, upcoming, and scheduled testing to which notification is required by the above referenced regulations. As needed services shall be performed by qualified technicians who are current with all mandated certification requirements as required by regulation, and capable of the following tasks: • Diagnosis and service underground storage tank monitoring and control systems. • Diagnosis and service fuel dispensers. • Inspection of all underground storage tank monitoring and control systems. • Inspection and service of various related underground storage tank system components. • Work unsupervised in high traffic areas. • Providing evaluations of system component condition and recommendations for extending service life and operation of facility. Work Location(s) Service and/or replacement services shall be performed at the Fleet Maintenance Repair Facility located at (2480 Impala Drive - Carlsbad, CA 92010) unless otherwise requested by Fleet Services at time of service request. If requested work cannot be performed safely, 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. Work Orders & Invoicing – Vendor shall adhere to the following procedures to ensure prompt payment for services rendered. • Vendor shall not begin work on any equipment without first receiving a work authorization provided by the Public Works Supervisor, or Public Works Superintendent. • Work performed by Vendor that was not requested by Fleet Services, and that does not have a work authorization number will not be paid. • Vendor shall submit invoices for payment within 24 hours of work performance via fax 760-438- 1532 or email to fleetinvoices@carslbadca.gov • Invoices submitted for payment shall include a description of services performed, equipment being serviced, an itemized detail of labor and parts used, 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. DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 PSA24-2315FLT City Attorney Approved Version 5/25/2023 Page 12 of 12 • Vendor shall provide a monthly services statement of work performed and costs of labor for services rendered. Quotations – Vendors will provide, at request from Fleet Services, estimates for the diagnosis, parts replacement, or repair of various vehicles and equipment upon request. DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD 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 IN ACCORDANCE 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. 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). 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 BONSA-2 OP ID: VA 04/01/2023 Robyn Kettering Heffernan Kettering-Rose Insurance Services, LLC 9320 Fuerte Dr, #101 La Mesa, CA 91941 Robyn Kettering 619-291-7777 619-291-7776 robynk@krinsure.net Capitol Specialty Ins. Co. California Auto Ins CoBonsall Petroleum Construction, Inc. Dba: Moodys P.O. Box 969 Bonsall, CA 92003 State Compensation Ins. Fund Ohio Security Insurance Co A X 1,000,000 X Y EV2018364205 10/08/2022 10/08/2023 50,000 X 10/08/2022 10/08/2023 5,000 X 10/08/2022 10/08/2023 1,000,000 2,000,000 X 2,000,000 1,000,000B BA040000072817 10/08/2022 10/08/2023 X X X X 2,000,000 X A EX2018364305 10/08/2022 10/08/2023 2,000,000 XC Y 9094748 04/01/2023 04/01/2024 1,000,000Y1,000,000 1,000,000 D BKS57368222 10/08/2022 10/08/2023 Lsd/RntEq 250,000 RE: All Projects City of Carlsbad/CMWD is named as Additional Insured as respects to General Liability. Workers Compensation Waiver of Subrogation in favor of City of Carlsbad/CMWD *30 Days notice in the event of cancellation CITYOFC City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 619-291-7777 10328 38342 35076 24082 EV2018364205 EV2018364205 Owner/Cont Prot. Pollution/Prof Equipment Floater DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 ACORD" I ~ l ~ n □ ~ ~ R □ □ ~ ~ ~ ~ ~ ~ ~ ~ H T I I T I □ I Lµ~ ~ EV2018364205DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 Capitol Specialty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization This endorsement modifies insurance provided under the Environmental Policy for the following: Commercial General Liability Coverage Section Contractors Pollution Liability Coverage Section Environmental Impairment Liability Coverage Section It is hereby understood and agreed that the following changes are incorporated into the Coverage Form(s) / Coverage Section(s) listed above. If the Commercial General Liability Coverage Form is listed above, defined terms shown in bold may appear in quotations in such coverage form. Schedule Name of Additional Insured Person(s) Location(s) of Covered Operations or Organization(s) Any person or organization for whom you are performing All locations where "your work" is performed as specified "your work" when you and such person or organization have in the contract or written agreement between you and the agreed in writing in a contract or agreement that such person Additional lnsured(s). or organization be added as an Additional Insured on your policy. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for Bodily Injury, Property Damage or Personal and Advertising Injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to Bodily Injury or Property Damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of Your Work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The Section entitled TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of the Coverage Form or Coverage Section listed above is amended by the adding the following: We waive any right of recovery We may have against the person or organization specified in the above Schedule because of payments We make for injury or damage arising out of Your Work done under a written contract with that person or organization. This waiver applies only to the person or organization specified in this Schedule. D. This insurance shall be considered primary with respect to other valid and collectible insurance available to the Additional Insured for damages or Loss We cover under the Coverage Form(s) / Coverage Section(s) specified above for the Additional Insured. It is also agreed that any such other insurance available to the Additional Insured shall be non-contributory, and We shall not seek contribution from such other insurance. ENV 167 (05-16} © 2016 CapSpecialty, Inc. All rights reserved. Page 1 of 2 EV2018364205DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 Capitol Specialty Insurance Corporation Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization Continued If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations. All other terms and conditions of this Policy remain unchanged. Authorized Representative ENV 167 (05-16} © 2016 CapSpecialty, Inc. All rights reserved. Page 2 of 2 EV2018364205DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 Capitol Specialty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured -Owners, Lessees or Contractors -Completed Operations This endorsement modifies insurance provided under the Environmental Policy for the following: Commercial General Liability Coverage Section Contractors Pollution Liability Coverage Section It is hereby understood and agreed that the following changes are incorporated into the Coverage Form(s) / Coverage Section(s) listed above. If the Commercial General Liability Coverage Form is listed above, defined terms shown in bold may appear in quotations in such coverage form. Schedule Name of Additional Insured Person(s) Location(s) and Description(s) of Covered Operations or Organization(s) Any person or organization for whom you are performing All locations where "your work" is performed as specified "your work", when you and such person or organization have in the contract or written agreement between you and the agreed in writing in a contract or agreement that such person Additional lnsured(s). or organization be added as an Additional Insured for Completed Operations Coverage on your policy. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for Bodily Injury or Property Damage caused, in whole or in part, by Your Work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the Products-Completed Operations Hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. C. The Section entitled TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of the Coverage Form or Coverage Section listed above is amended by the adding the following: We waive any right of recovery We may have against the person or organization specified in the above Schedule because of payments We make for injury or damage arising out of Your Work done under a written contract with that person or organization. This waiver applies only to the person or organization specified in this Schedule. D. This insurance shall be considered primary with respect to other valid and collectible insurance available to the Additional Insured for damages or Loss We cover under the Coverage Form(s) / Coverage Section(s) specified above for the Additional Insured. It is also agreed that any such other insurance available to the Additional Insured shall be non-contributory, and We shall not seek contribution from such other insurance. ENV 168 (05-16} © 2016 CapSpecialty, Inc. All rights reserved. Page 1 of 2 EV2018364205DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 Capitol Specialty Insurance Corporation Additional Insured -Owners, Lessees or Contractors -Completed Operations Continued If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations. All other terms and conditions of this Policy remain unchanged. Authorized Representative ENV 168 (05-16} © 2016 CapSpecialty, Inc. All rights reserved . Page 2 of 2 DocuSign Envelope ID: 2A810F9F-62C4-45C7-9EAF-1DFB20240F88 STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC ST AND ARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE APRIL 1, 2023 AT 12.01 A.M. AND EXPIRING APRIL 1, 2024 AT 12.01 A.M. BONSALL PETROLEUM CONSTRUCTION, PO BOX 969 BONSALL, CA 92003 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION REP 04 9094748-23 RENEWAL SD 3-07-58-95 PAGE 1 OF NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 2572 ~!,-5{ APRIL 4, 2023 IL.,?-.di~:,~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7·2014) OLD DP 217 1