The URL can be used to link to this page

Home My WebLink AboutParkhouse Tire Service Inc; 2024-01-26; PSA24-2369FLTPSA24-2369FLT Page 1 City Attorney Approved Version 12/22/2023 AGREEMENT FOR PARK HOUSE AS NEEDED TIRE SERVICES PARKHOUSE TIRE SERVICE 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 Parkhouse Tire Service, Inc., a California corporation ("Contractor"). RECITALS A. City requires the services of a service provider that is experienced in the repair, replacement and inspection of automotive and heavy vehicle tires. B. Contractor has the necessary experience in providing services and advice related to tire repair and replacement. 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 shall not exceed eighteen thousand seven hundred thirty-eight dollars ($18,738). 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." DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED January 26th PSA24-2369FLT Page 2 City Attorney Approved Version 12/22/2023 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 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. DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED PSA24-2369FLT Page 3 City Attorney Approved Version 12/22/2023 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. 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. 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: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED PSA24-2369FLT Page 4 City Attorney Approved Version 12/22/2023 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 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, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED PSA24-2369FLT Page 5 City Attorney Approved Version 12/22/2023 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 Jim Wright Title Public Works Supervisor Title Project Manager Department Public Works Address 841 Rock Springs Road City of Carlsbad Escondido, California 92025 Address 1635 Faraday Ave. Phone No. 760-291-1199 Carlsbad, CA 92008 Email jwright@parkhousetire.com Phone No. 760-607-9920 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: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED PSA24-2369FLT City Attorney Approved Version 12/22/2023 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 days (30 days) days written notice to City. In the event DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED PSA24-2369FLT City Attorney Approved Version 12/22/2023 Page 7 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. 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 DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED PSA24-2369FLT City Attorney Approved Version 12/22/2023 Page 8 amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 28. 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 the following page] DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED PSA24-2369FLT City Attorney Approved Version 12/22/2023 Page 9 Executed by Contractor this___________ day of _______________________, 2024. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California PARKHOUSE TIRE SERVICE, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager James Parkhouse, President (print name/title) By: (sign here) Brian Parkhouse, Chief Financial Officer (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: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED 24th jan PSA24-2369FLT City Attorney Approved Version 12/22/2023 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Item of Work Rate Estimated QTY Total Service Calls (Mon-Fri 7:00am through 4:00pm) $104.50/hr. 96 (60%) $10,032 Service Calls (After Hours & Weekends/Holidays) $156.00/hr. 36 (40%) $5,616 Piece Work – Single Task Items N/A 24 $750 Dispatch Fee – After Hours $20 ea. 12 $240 Mileage – Over 20 miles $1.00/mile 100 $100 Parts (Miscellaneous Tire Repair Parts) Cost + 10% N/A $2,000 Total Annual Not-To-Exceed Amount $18,738 Contractor will perform as-needed tire repair and replacement services at various City of Carlsbad sites. Repairs will be completed in accordance with Cal/OSHA Title 8, Section 325 through 3327. As-needed services will include the following tasks: • Contractor shall respond to requests for service within ten (10) minutes of initial call request and shall have services available on-site within one (1) hour of initial contact. • Contractor shall perform inspection, repair and replacement as necessary of various size tires on vehicles and trailers ranging from Federal Highway Administration (FHWA) Class 1 through 8 vehicles. DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED PSA24-2369FLT City Attorney Approved Version 12/22/2023 Page 11 • Contractor shall perform inspection, repair and replacement as necessary of various size tires for on & off-road equipment, tractors and general support equipment. 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 occur 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 contractor’s agency, or City of Carlsbad staff. o Alternate Service Locations within Carlsbad, CA: 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 Public Safety Training Center – 5750 Orion Street Public Works Streets and Facilities (Oak) – 405 Oak Avenue Utilities/Water District – 5950 El Camino Real If the requested work cannot be performed safely as identified above, contractor 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 – Contractor shall adhere to the following procedures to ensure prompt payment for services rendered: • Contractor shall not begin work on any equipment without first receiving a Work Order number provided by Fleet Services. • Work performed by Contractor that was not requested by Fleet Services and that does not have a Work Order number, will not be paid. • Contractor shall submit invoices for payment within 24 hours of work performed, via fax 760-438- 1532 or email to fleetinvoices@carlsbadca.gov. • Invoices submitted for payment shall include- 1) Description of services performed 2) Make/model of vehicle or equipment serviced 3) Itemized details of labor 4) Unit/equipment/vehicle number 5) Work order number DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED PSA24-2369FLT City Attorney Approved Version 12/22/2023 Page 12 6) Date and time of initial call request 7) Date and time of job completion 8) Name of city fleet personnel who requested service • Contractor shall provide a monthly statement of work performed and costs of labor for services rendered. Quotations – Contractor will provide, at request from Fleet Services, estimates for the installation, replacement or repair of various tires upon request. DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED ACORD-CERTIFICATE OF LIABILITY INSURANCE I DATE [MM/00/YYYY) ~-10/11/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIOHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEOATIVELY AMEND, EXTEND OR ALTER THE COVERAOE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES HOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIACATE 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, S1lbjed to th!! terms and conditions of the policy, certain policies may require an endOrsement. A statement on this certificate doas not confer rights to the certificate holder in lieu of such endorsement(s). PROOUCE~ ~~~l~CT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY r:,i~~o, Exl): 688-333-4949 I FAX HOME OFFICE: P.O. BOX 328 IAIC, No): 507-446-4664 CliNATONNA, MN 55060 to'l.11~ss, CLI ENTCONTACTCENTERlalFEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURER A:FEDERATED SERVICE INSURANCE COMPANY 28304 INSURED 233-609-7 IHSUReA 9; PARKHOUSE TIRE SERVICE INC POBOX2430 INSURER C; BELL. CA 90202-2430 INSURER O; INSURfR E: INSiURE:R F: COVERAGES CERTIFICATE NUMBER: S47 REVISlON NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO H1E INSURED NAMED ABOVE FOR THE F'OLICY F'ERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED DR 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. -1~.;: TYPE OF INSU-R,ir,,NCE ,~,P~ ~-"'~ POLICY NUMBER ,J~9M9,):.;~\fv\ ,.~.%\'iiYA?v, LIMITS X COMME:RCl,6,1,,. GEN.ERAL UAaJLJTY EACH OCCURRENCE: $1,000,000 -□CLAIMS-MAO£ [!)occu~ : P.';':!~;'.!,!?.!\ENTEO P~EMISES $100,000 MED EXP l,'i,ny one person) EXCLUDED -A y y 9853305 '1013112023 10/31/2024 PERSONAL & MJV INJUf;iY $1 DOD 000 -GENt. AGGA(GATE. UMJT APflUi:S PER: (:;ENERAI. AG(:;REGATE 1? 000 000 ~ POUC't' CJ:.?i □LOC PRODUCTS~ COM~IOP AGO $2,000,000 OTHER: ~TOM081t..e UABIUTY fE~~~~~tlSINOLE LIMIT $1,000,000 X ANY AUTO BOVILY ,NJURY (Per Pers.onj -A OWNEDAllTOSCt<LY SCHEDULED N N 9653305 10/31/2023 10/3112D24 BODILY HiJURY (Psr Accid~nt) ~ _ AUTOS HIREDAUTOSONLY 'ION-OWNED f}!_OPER.TY -~AMAGE ~ _AUTOS ONLY ~ UMBRELLA LIAB _)(_ OCCUR EACH OCCURRENCE $10,000,000 A EXCESSLIAB CU\IMs-MADE N N 9229740 10131/2023 10/31/2024 AGGREGATE $10,000,000 OED I IRE TElfflCN WORKERS COMPUISATION IPERSTATUTE I brnrn AND EMPLOYERS' LIABtUTY c NIY PROPRIETOR/PARTNER/ EXECUTIVE E.l EACH-ACCIDEr>IT OFFICER/MEMBER EXCLI.IOE01 N/A (Mat"detory ln NH~ E.L DISEASE EA-E"MF'LOYEE If yes. des.cribe ~ DE'SCRIPTION OF OPERATIONS b•lvw-E.L DISEASE· ~OLICY LIMIT OESCRlPTION OF OPERATION$ I LOCATIONS J VEHICLES (ACOfi:D 101, Addi1imal Ri!:mtril1 Schedule, may be attil.chl'!ci if more space is required) SEE ATTACHED PAGE CERTIACATE HOLDER CANCELLATION 233-609-7 547 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CITY OF CARLSBAD/CMWD C/0 EXIGIS INSURANCE COMPLIANCE SERVlCES BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX947 ACCORDANCE WITH THE POLICY PROVISIONS. MURRIETA, CA 92564-0947 AUTHORtZEO FIEPRESENTATI\IE )-{}_( t.~ @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2018/03) Tile ACORD name and logo are register!ld marks of ACORD DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED AGENCY CUSTOMER ID: 233-609-7 -----------------------LO C #: ----------------------- ._......., \!]) ACORD '---"' ADD IT 10 NA L REMARKS SCHEDULE Page ot AGENCY riAMEO INSUFH:o FEDERATED MUTUAL INSURANCE COMPANY PARKHOUSE TIRE SERV.ICE INC PO BOX 2430 POLICY NUMBER BELL, CA 90202-2430 SEE CERTIFICATE # 547.0 CARRIER: I ~AJC CODE EFFECTIVE DATE: SE!', Ci"RTIFICATE # 547.0 SEE CERTIFICATE# 547.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. FORM NUMBER: 25 FORM TITLE: _C,.,E..,R"'Iul.wfl..,,Cec8uI .. E_,OF.._..,U"'A""B,..ILI ... T,._y,._,_,1N,.,S..,U...,R"'A,.N,.,C,.E~--------------- THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED -OWNERS, LESSEES, OR CONTRACTORS -·SCHEDULED PERSON OR ORGANIZATION ENDORSEMENT. THE GENERAL LIABILITY COVERAGE CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATEHOLDER SUBJECT TO THE CONDITIONS OF THE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT. COMMERCIAL UMBRELLA FOLLOWS FORM ACCORDING TO THE TERMS, CONDITIONS, AND ENOORSEMENTS FOUND IN THE COMMERCIAL UMBRELLA POLICY. FOR REASONS OTHER THAN NON-PAYMENT OF PREHIUH, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo ani registered marks of ACORD DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED I It- POLICY NUMBER: 9853305 COMMERCIAL GENERAL LIABILITY CG 20 10 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Carlsbad CMWD %Exigis Insurance Any Coverage Provided by This Endorsement Compliane Services Applies to Tire Sales/Service/Supply PO Box 947 Agreement Between Parkhouse Tire Service Inc Murrieta, CA 92564-0947 and Certholder. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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. CG 20101219 © Insurance Services Office, Inc., 2018 Policy Number: 9853305 Page 1 of 2 Transaction Effective Date: 10/31/2023 DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED C. With res~Bct to the insurance afforded to these additional insureds, the following is added to Section m -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 oli insurance: 1. Required by the contract or agreement; or Insured: Parkhouse Tire Service Inc PO Box 2430 Bell, C.4. 90202-2430 2. .Available under the applicable limits of insurance; whichever is less. This endorsement shall net increase the applicable limits of insurance. Page 2 of2 © Insurance Services Office, Inc., 2018 CG 20101219 Policy Number: 9853305 Transactior. Effective Date: 10/31/2023 DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2EDII I POLICY NUMBER: 9853305 COMMERCIAL GENERAL LIABILITY CG 24 041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES •. POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS Name Of Person(s) Or Organization(s): City of Carlsbad CMWD %Exigis Insurance Compliane Services PO Box 947 Murrieta, CA 92564--0947 SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Dec!arations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. DESCRIPTION OF INTEREST: Tire Sales/Service/Supply Agreement Between Parkhouse Tire Service Inc and Certholder ! Parkhouse Tire Service Inc PO Box 2430 Bell, CA 90202-2430 CG 24 041219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: 9853305 Transaction Effective Date: 10/3112023 DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED 233-609-7 547 #BWNDHBS #XWXW0021XXXXXXX5# CITY OF CARLSBAD/CMWD BCD00-04 -0025 C/O EXIGIS INSURANCE COMPLIANCE SERVICES PO Box 947 Murrieta, CA 92564-0947 , ...... .,.,- -a,.--___,..-r~,_,., -•• ; 1· ~ -,, • ' ----_, INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) 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) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $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 LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED 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 any 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. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Travelers Property Casualty Co of Amer 12/21/2023 McGriff Insurance Services LLC 130 Theory Ste 200 Irvine, CA 92617 714 941-2800 Kimberly Elfring 714 941-2822 kelfring@mcgriff.com Parkhouse Tire Service, Inc. PO Box 2430 Bell Gardens, CA 90201 25674 A UB1L8805542451K 01/01/2024 01/01/2025 X 1,000,000 1,000,000 1,000,000 RE: Contract Agreement #PSA22-1576FLT. Waiver of Subrogation applies as respects Workers Compensation as required by written contract. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564-0000 1 of 1 #S33431025/M33425743 305PARKHTIRClient#: 1251184 KSELF 1 of 1 #S33431025/M33425743 DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED r I ,__ D □ ,__ ,__ ,__ R □ □ ,__ ,__ ~ ,__ ~ ,__ ,__ ,__ H I I I I I □ I ~.~~ This page has been left blank intentionally. DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED ÉÑÎÕÛÎÍ ÝÑÓÐÛÒÍßÌ×ÑÒ øÞÔßÒÕÛÌ Éß×ÊÛÎ÷ Éß×ÊÛÎ ÑÚ ÑËÎ Î×ÙØÌ ÌÑ ÎÛÝÑÊÛÎ ÚÎÑÓ ÑÌØÛÎÍ ÐÑÔ×ÝÇ ÒËÓÞÛÎæ ßÒÜ ÛÓÐÔÑÇÛÎÍ Ô×ßÞ×Ô×ÌÇ ÐÑÔ×ÝÇ ÛÒÜÑÎÍÛÓÛÒÌ Š ÝßÔ×ÚÑÎÒ×ß ÛÒÜÑÎÍÛÓÛÒÌ ÉÝ çç ðí éê ø ß÷ ØßÎÌÚÑÎÜ ÝÌ ðêïèí ÑÒÛ ÌÑÉÛÎ ÍÏËßÎÛ Í½¸»¼«´» Ö±¾ Ü»-½®·°¬·±²Ð»®-±² ±® Ñ®¹¿²·¦¿¬·±² É» ¸¿ª» ¬¸» ®·¹¸¬ ¬± ®»½±ª»® ±«® °¿§³»²¬- º®±³ ¿²§±²» ´·¿¾´» º±® ¿² ·²¶«®§ ½±ª»®»¼ ¾§ ¬¸·- °±´·½§ò É» ©·´´ ²±¬ »²º±®½» ±«® ®·¹¸¬ ¿¹¿·²-¬ ¬¸» °»®-±² ±® ±®¹¿²·¦¿¬·±² ²¿³»¼ ·² ¬¸» Í½¸»¼«´»ò Ì¸» ¿¼¼·¬·±²¿´ °®»³·«³ º±® ¬¸·- »²¼±®-»³»²¬ -¸¿´´ ¾» û ±º ¬¸» Ý¿´·º±®²·¿ ©±®µ»®-ù ½±³°»²-¿¬·±² °®»ó ³·«³ò îòðð ßÒÇ ÐÛÎÍÑÒ ÑÎ ÑÎÙßÒ×ÆßÌ×ÑÒ ÚÑÎ ÉØ×ÝØ ÌØÛ ×ÒÍËÎÛÜ ØßÍ ßÙÎÛÛÜ ÞÇ ÉÎ×ÌÌÛÒ ÝÑÒÌÎßÝÌ ÛÈÛÝËÌÛÜ ÐÎ×ÑÎ ÌÑ ÔÑÍÍ ÌÑ ÚËÎÒ×ÍØ ÌØ×Í Éß×ÊÛÎò Ý±«²¬»®-·¹²»¼ ¾§×²-«®¿²½» Ý±³°¿²§ Ð®»³·«³×²-«®»¼ Û²¼±®-»³»²¬ Ò±òÐ±´·½§ Ò±òÛ²¼±®-»³»²¬ Ûºº»½¬·ª» Ì¸·- »²¼±®-»³»²¬ ½¸¿²¹»- ¬¸» °±´·½§ ¬± ©¸·½¸ ·¬ ·- ¿¬¬¿½¸»¼ ¿²¼ ·- »ºº»½¬·ª» ±² ¬¸» ¼¿¬» ·--«»¼ «²´»-- ±¬¸»®©·-» -¬¿¬»¼ò øÌ¸» ·²º±®³¿¬·±² ¾»´±© ·- ®»¯«·®»¼ ±²´§ ©¸»² ¬¸·- »²¼±®-»³»²¬ ·- ·--«»¼ -«¾-»¯«»²¬ ¬± °®»°¿®¿¬·±² ±º ¬¸» °±´·½§ò÷ ÍÌ ßÍÍ×ÙÒæ Ð¿¹» ±ºÜßÌÛ ÑÚ ×ÍÍËÛæ ï ï Parkhouse Tire Service, Inc. UB1L8805542451K DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED ~ TRAVELERS] , This page has been left blank intentionally. DocuSign Envelope ID: 61AB3FCC-5BEC-4B7A-A821-B64FE316E2ED