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Daniels Tire Service - 2022-07-01
SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DANIELS TIRE SERVICE FOR FLEET TIRE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City," and Daniels Tire Service, a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of fleet tire services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Ros Wood, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 22-11533/287017 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Five Hundred Thousand ($500,00.00) per year for any one year during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence July 1, 2022, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminating June 30, 2027, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional two-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-11533/287017 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-11533/287017 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 22-11533/287017 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 22-11533/287017 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Daniels Tire Service Attn: Denny Bacon Attn: Ros Wood 2000 Main Street 11850 Slauson Avenue Huntington Beach, CA 92648 Santa Fe Springs, CA 90670 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-11533/287017 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 22-11533/287017 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall,through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22-11533/287017 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirely (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-11533/287017 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a DANIELS TIRE SERVICE municipal corporation of the State of a California Corporation California 4 Ak By:_ : " Mayor Print name �� ITS— Chairman/President/ ice President _ City Clerk .Zls 22 AND By: — %1'�^ r" AS INITIA -D AND AP P D: Print name ITS: circle one)Secretary CChiefjF'Tin�anci; Officer'/ sst. Secretary-Treasurer hector of Works APPROVED A FORM: 'ty Attorney s w IE D D APP OVED: Cit ger 22-11533/287017 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide Fleet Tire Services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Vendor shall make their best effort to locate the tire(s) for best pricing 2. Vendor is responsible for delivery of new tires in accordance with all applicable Federal, State and Local laws and regulations. 3. Vendor is responsible for used tire pick-up and recycling using industry standards and required manifesting practices that follow all Federal, State and Local laws and regulations. 4. In the event of manufacturer defect, vendor will pick up the defective tire at no charge to the City and make a best attempt to replace the defective tire promptly. 5. See additional tire specifications, service specifications, disposal, customer service, licensing requirements, product returns and product guarantees. (Attachment A-1) 6. Vendors are required to provide roads service and 24-hour per Attachment A-1). 7. City requires vendor to provide a casing credit price for each recapped tire size (See Attachment A-1) C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: ATTACHMENT A -1 TIRE SPECIFICATIONS AND REQUIREMENTS Overview: The successful vendor shall provide the goods and services to the City as described and in accordance with the requirements of this RFQ,Attachment A,and Attachment B.The vendors quote submittal shall include addressing each requirement in this Section below(Attachment A) and indicate whether it will comply with the requirement. If the context requires more than a yes .I or no answer or the section specifically indicates,the successful vendor shall explain how it will i comply with the requirements. Submitted quotes must address each requirement. Merely repeating the requirement may be considered non-responsive and may disqualify the vendor. { Submitted quotes must identify any deviations from the requirements of this RFQ or requirements the vendor cannot satisfy/meet. If a vendor deviates from or cannot satisfy the requirement(s) of this Section (Attachment A),the City may reject their quote/bid submittal. Tire Specification Requirements All tires shall be of quality not less than the tires normally furnished in representative quantities by Original Equipment Manufacturers (OEM) as original equipment for motorcycles, automobiles, light/medium/heavy trucks,tractors,buses,backhoes, loaders,trailers,off road vehicles,and other heavy equipment.Tires supplied must be marked with Federal Department of Transportation (DOT)compliance symbol. Tires shall conform to all applicable Federal Specifications. All tires must be NEW and must have been produced or manufactured within the last one(1) year prior to delivery to the City or installation by vendor unless a recapped tire is requested. Should a vendor deliver a tire(s)with a manufacturing date exceeding the one-year limit,the vendor will pick up the expired tire(s) and replace them with tire(s)that meet the manufacturing date requirement at no additional cost to the City. All tires must have the size(including load range), manufacturer's name and DOT number, serial number and indication of body material molded in sidewall at the time of cure. The application of any of the above by any other means such as branding, application of decals,etc. will not be acceptable to the City. Tires must have been tested to meet or exceed ASTM (American Society of Testing and Materials) Standard F 1922 for highway tires, F 1923 for Off Road/Low Speed tires, and meet I operational performance levels and marking requirements of Federal Standards FMVSS 109 for new pneumatic passenger tires, FMVSS 139 for new pneumatic radial tires for light vehicles, and FMVSS 119 for new pneumatic non-passenger Multi-Passenger Vehicles (MPV's),trucks, buses, and trailers. i i i i i i I 1 Pursuit and Performance Tires Pursuit and performance tires includes tires for police and other pursuit vehicles and for other high-speed,performance vehicles. This subcategory includes any tire that is H,V, W, Y,or ZR rated or above. An H rating is the minimum speed rating for tires in this subcategory.Tires must be new, standard production tires expressly designed and certified by the manufacturer for high speed operation and must exhibit exceptional safety, stability,handling and stopping characteristics.The vendor shall furnish upon demand evidence and/or certifications that such tires meet all laboratory test and size requirements of Federal Standards FMVSS 109. Automobile/Passenger Vehicles These tires include common passenger car tires and are designed with a"P"at the beginning of the tire size. Common applications for these types of tires would be passenger cars and mini- vans.Tires must be of standard OEM quality equal or superior in every respect to those normally furnished as original equipment for such vehicles. Light Duty Trucks and Radial Bias These tires can usually be identified by the letters"LT"at the beginning of the tire size. Common applications for these types of tires would be pickup trucks,sport utility vehicles,full size vans,and some trailers.Tires must be of standard OEM quality equal or superior in every respect to those normally furnished as original equipment for such vehicles. Medium Commercial/Heavy Duty Trucks/Buses These tires do not have a letter at the beginning of the tire size. Common applications for these types of tires would be medium and heavy trucks,buses, semi-trucks,cargo vans, and trailer tires.Tires in this subcategory have a diameter that is equal or greater than 19.5 inches.Tires must be of standard OEM quality equal or superior in every respect to those normally furnished as original equipment for such vehicles. Off-the-Road OTR and Low Speed Off the Highway Tires(Radial and Bias) Common applications are heavy construction equipment such as wheel loaders,backhoes, graders and trenchers.Tires must be of standard OEM quality equal or superior in every respect to those normally furnished as original equipment for such vehicles. i. Agricultural/Farm(Radial and Bias) Common applications are farm tractors,wagons, harvesters, and other farm implements requiring tires with high traction qualities and tires with high flotation qualities at low inflation pressures. Tires must be of standard OEM quality equal or superior in every respect to those normally furnished as original equipment for such vehicles. Industrial Common applications are specifically industrial equipment,some construction equipment, and material handling equipment such as skid loaders, and forklifts and include pneumatic, non- ; I 1 I pneumatic, and press on tires.Tires must be of standard OEM quality equal or superior in every respect to those normally furnished as original equipment for such vehicles. Specialty Tires Specialty tires may include, but are not limited to,recreational,all-terrain-vehicle (ATV),boat trailer,yard and garden,and aviation tires.This category also includes all other tires not identified above. Occasionally,City is bound to purchase proprietary tires for unique equipment from a designated manufacturer and such tires will not be part of this/these contract(s). Tires must be of standard OEM quality equal or superior in every respect to those normally furnished as original equipment for such vehicles. Casings For some Fleet vehicles,vendor will be required to provide recapped tires(see Attachment A, notation CAP in Item Description).Additionally,vendor shall provide casing prices per unit; see Attachment B, Fleet Tire/Services Bid Sheet for Tire Casing Credits. City reserves the option to work with any/other vendors that can provide the most advantageous casing credit options to the City. Tubes All inner tubes must be"F" standard production first line,heavy duty butyl tubes or natural rubber of fresh stock. All tubes must be of quality not less than the tubes normally furnished in representative quantities by OEM as original equipment for automobiles,trucks,tractors, buses, backhoes, loaders,and other heavy equipment. Tubes must conform to all applicable federal specifications.ALL tubes must be NEW and must have been produced or manufactured within the last one(1)year prior to installation or delivery to the City. Detailed Service Specifications All vendors shall provide pricing on each of the below mentioned listed services that may be performed by their Approved Distributors to include any parts and labor as a total in its Cost/ Quote/Bid proposal,Attachment B. If a vendor does not offer one of the items listed in Attachment B,those services shall be marked with "NA."All vendor-supplied distributors shall honor the services pricing in this RFQ's Quote/Bid proposal. The vendor shall provide a list of its approved service providers with this Quote submittal. If awarded the contract,the successful vendor(s)are responsible for the timeliness and quality of all services provided to the City by their approved service providers.The City may elect to use l the services described in both Attachment A and Attachment B at their discretion. Product installation, repairs,and mounting must be in accordance with manufacturers recommended procedures of warranted new virgin-product tires for each product subcategory and include: • New tire installation that includes dismounting of used tires and tubes • Road services flat repairs I ,I • Change tire, mount and dismount • Flat repair,remove,repair and mount and reinstall if required • Flat repairs,off vehicle • Emergency Roadside Assistance(price per hour for labor or set-vice call) The successful vendor or their authorized distributors shall provide complete twenty-four(24) hour roadside service,as required. Dispatch response time (arrival time shall be provided by the vendors authorized service provider to designated units location).This service shall occur within the time parameters requested by the City at the time of contact with the service provider(one hour,2-5 hours,24 hours,etc.).The vendors authorized service provider shall make every effort possible, including having all the necessary tools, replacement materials and labor on hand at the time of repair,to make all roadside repairs and tire replacement(s)in a safe, cost efficient manner. In the event the vendors authorized service provider is unable or unwilling to respond within the required dispatch time after telephone notification of the emergency,the City reserves the right to procure the Products or Services or a combination of Products and Services elsewhere without contract violation. Bulls Disposal of Tires This section is mandatory requirement of this service and not responding to this section would be an automatic Failure that will affect the award of this contract. If the vendor proposes a cost for this service and is awarded the contract,that vendor shall,when requested, dispose of scrap tires. The vendor shall comply with all local and state tire disposal regulations and furnish disposal manifests to the City for record keeping purposes. The vendor shall dispose of scrap tires that are removed at an approved tire recovery area, or other approved disposal methods.The vendor shall submit with invoice,documentation of scrap tire disposal weight from a disposal site, if this is the method of disposal utilized by the vendor. The vendor may return scrap tires mounted to wheels to the City if dismounting is required. With prior approval from designated City staff,vendor may dismount scrap tires from wheels and invoice and return wheels to the City for disposition unless instructed otherwise by designated City staff. Customer Service The successful vendor shall provide a dedicated customer service representative(s)for the contract. This representative shall be available to respond to all City inquiries within one business day.The representative shall be available to resolve any customer service issues. The vendor's representative shall be available to conduct annual meetings,training sessions, and product demonstrations if required. I` The successful vendor shall provide hours of availability and provide telephone numbers for after hours and weekend emergency calls/work. r i ii Licensing Requirements The successful vendor must be in full compliance with all City and State business licensing requirements in Orange County, California at the time of Quote/Bid submission. Single Point of Contact The successful vendor must include a single point of contact in their submittal.This person shall be the primary person for this contract.This person must be authorized to coordinate with service providers and their representatives to ensure the most efficient implementation of this contract and to ensure accurate and correct pricing off goods and services under this contract. Product Retuns r The vendor shall not charge the City return fees for inaccuracies or other errors made on the part of the vendor. Product Guarantee and Adjustment i Tires furnished to the City must be guaranteed to be free from defects in workmanship and material for original tread life or 48 months,whichever comes first. Any tire,which fails this guarantee must either be satisfactorily repaired by the successful vendor or replaced with a new tire charging only for the mileage used based on tread depth,or as agreed upon by designated City staff.Allowances and replacement charges shall be based upon contract tire price (Attachment B). The successful vendor shall pay all transportation costs on both the defective tire(s)and replacement tire(s).The vendor shall provide a one(1)year warranty on all tubes and parts beginning on the date of installation,to repair and/or replace as necessary, as determined by the City,AT NO COST. If such items are not normally warranted for one year, maintenance to supply the equivalent of a one(1)year warranty must be included in the cost. Shipping costs for t returned tubes and parts warranty service SHALL BE PAID BY THE VENDOR, f i i I r I EXHIBIT B I �} City Of Huntngton Fleet Tire Services RFQ Tire/Services Bid Sheet(4/22) >;S'f[MATED 1TE ITEM TIRE BRAND TIRE MODEL UNIT OT ANNUAL UNIT PRICE 'TOTAL PRICE* N1 N DESCRIPTION MEASURE U,1NT[TY 1 1OR22.5 Goodyear Marathon EA 10 328.95 3289.5 2 11.00-16 Galaxy I-I EA 40 187 7480 3 111-16SL Galaxy Workstar EA 40 193 7720 4 11 R22.5 Goodyear Marathon EA 10 334.9 3349 5 1213.22.5 Goodyear Marathon EA too 379.99 37999 6 12R22.5CAP Goodyear G686 EA 100 160 16000 7 16.5I.16 Alliance I-1 EA 40 299 11960 8 16.9-24 Import R-4 EA 40 440 17600 9 18.4-16.1 R3 Goodyear R-3 EA 40 941 37640 10 18.4-26 Galaxy R-4 EA 40 750 30000 11 18X8.50X8 Import R-3 EA 40 38 1520 i 12 20.5R25 Primex/import L-2 EA E140 1584 63360 13 215/55R17 Goodyear Assurance EA EF- 109 4360 14 215/60R16 Goodyear Assurance EA 40 75.93 3037.2 15 215/60R17 Goodyear Assurance EA 40 95 3800 16 215/75R15 Goodyear' Assurance EA 40 69 553 2781,2 17 215/75RI7.5 Goodyear 0114 EA __EE40 239,9 9596 18 225/50RI7 Goodyear Assurance EA 40 99.39 3975.6 19 225/60R16 Goodyear Assurance EA 40 78.68 3147.2 20 225165R17 Goodyear Assurance EA 40 92 3680 21 225/70R19.5 Goodyear G647 EA 40 246.85 9874 22 225/75R16 Goodyear Wrangler St EA 40 87.37 3494.8 23 225/50R17 Goodyear Assurance EA 40 99.39 3975.6 l24 22X9.50-10 Import R-3 EA 40 52.25 3290 25 23 515 5R 17(P) Goodyear Eagle RSA EA 40 116 4640 26 '235/55R18 Goodyear Eagle RSA EA 40 113 4520 is 27 235/60R17 Goodyear Assurance EA 40 103 4120 28 235/70R16 Goodyear Assurance EA 40 98 3920 29 235/75RIS Goodyear Trailrurmer EA 40 73,2 2928 30 235/75R17 Goodyear Fortitude EA 40 132 5280 31 235/85R16 Goodyear Workhorse EA 40 117.16 4686.4 32 23X10.50.12 Import R-3 EA 40 87.12 3484.8 u City Of Huntngton Fleet Tire Services RFQ Tire/Services Bid Sheet(4/22) 33 245/55R18(P) Goodyear Eagle RSA EA 100 129 12900 34 245/60R18 Goodyear Assurance EA 100 105 10500 35 245/70.1119.5 Goodyear G647 EA 100 264.97 26497 36 24517oR19.5CAP Goodyear G622 EA 100 139.99 13999 37 245/75R16 Goodyear Workhorse EA 40 318 4720 38 24XI0.50-10 Import R-3 EA 40 119 4760 39 255/60RI$(P) Goodyear Enforcer EA 60 142 8520 40 255/65R17 Goodyear Fortitude EA 40 103 4120 41 255/70RI8 Goodyear Adventure EA 40 111 4440 42 265/60R17(P) Goodyear Eagle RSA EA 60 118,181 7090.8 43 265/65R17 Goodyear Workhorse EA 100 125 12500 44 265/70R16 Goodyear Workhorse EA 40 139 5560 45 275/80RI7 Goodyear Wrangler MT EA 40 216 8640 46 285/75/17 Accelera Omikron EA 40 182.15 7286 47 27-10,50-15 Import R-1 EA 40 149 5960 48 120/70ZR-18 Pirelli Angel ST EA 40 171 6840 4 49 170/60ZR-17 Pirelli Angel ST EA 40 159 6360 50 315/SOR22.5 Goodyear G289 EA 40 433 17320 51 33X12.50R15L7' Goodyear Duratrac EA 40 190 7600 is 52 33X12,50X16.5 Goodyear Duratrac EA 40 190 7600 i� 53 35X10.5R17 Goodyear Duratrac EA 40 192 7680 54 35X12.5RI7 Goodyear Wrangler MTR EA 40 251 10040 55 410/350-4 Carlisle 1-1 EA 40 19 760 56 420/85R34 Galaxy Earth Pro EA 40 843 33720 57 425/65R22.5 Goodyear Workhorse EA 100 550 55000 58 480/7OR28 BKT Agrimax EA 40 799 31960 i 59 480/7OR30 Galaxy Earth Pro EA 40 932 37280 ( 60 120/70ZR-17 Pirelli Angel ST EA 40 132 5280 61 180/55ZR-17 Pirelli Angel ST EA 40 161 6440 62 650/75R32 Alliance Super Drive R-1 EA 40 2512 100480 i is 63 650/75R34 Goodyear Optitrac EA 40 4520 180800 i 64 650/851138 Alliance Agristar EA 40 2914 116560 I EA 40 365 65 7.00RI2 Continental RT20 14600 I' 6 i I City Of Huntngton Fleet Tire Services RFQ Tire Services Bid Sheet(4/22) 66 1710/70R38 Galaxy Earth Pro EA 40 2321 92840 67 67 18-14.5 Import Trailer EA 40 89 3560 68 835RI6,5 Firestone Transforce EA 40 171 6940 69 "OV 0 " 0 Ntt�IBK�t a: iro iif" 0 'S'Qj�. V4147 Mir R V 0 R 73 GYP235/55R17 Goodyear Eagle'RSA EA 100 106.09 10609 74 LT215/85R16 Goodyear Workhorse RA 40 108.12 4324.8 75 LT225/75RI6 Goodyear Workhorse EA 40 114.16 4566.4 76 LT225/75RI7 Yokohama Geolander EA 40 159 6360 77 LT235/80RI7 Goodyear Workhorse EA 40 140 5600 78 LT235/85R16 Goodyear Workhorse EA 40 117.16 4686.4 79 LT245/75RI6 Goodyear Workhorse EA 100 118 11800 80 LT245/75RI7 Goodyear Workhorse EA 100 135.57 13557 81 LT265/70RI6 Goodyear Wrangler EA 40 115 4600 82 LT265/70RI7 Goodyear Workhorse EA 40 139 5560 83 LT275/65R1 8 Goodyear Adventure EA 100 139 13900 84 LT305/65R17 BFG TA K02 EA 40 311 12440 85 P205/60RI6 Goodyear Assurance EA 40 81.72 3268.8 40 86 P215(60RI5 Import Highway EA 75.12 3004.8 87 P215/60RI7 Goodyear Assurance EA 40 95 3800 88 P225/45RI8 Goodyear Eagle RSA EA 40 100 4000 is 89 P225/50RI7 Goodyear Assurance RA 100 99.39 9939 Goodyear go P225/55R18 Goodyear Eagle LS2 EA 100 94.48 9448 91 P225/60R16 Goodyear Assurance EA 100 78.68 7868 40 92 P225/70R15 Goodyear Wrangler SRA EA 109 4360 93 P235/50RIB Goodyear Assurance EA 40 118 4720 EA 100 100 10000 94 P235/55R17 Goodyear Assurance EA too 91 9100 95 P235/701115 Import Highway EA 40 98 3920 96 P235n0R16 Goodyear Workhorse 40 4880 EA 122 97 P235/70R17 Goodyear Workhorse Fortitude EA 40 98 P235-/75R16 Goodyear im 1391 55601 City Of Huntngton Fleet Tire Services RFQ Tire/Services Bid Sheet(4/22) 99 P245/65RI7 Goodyear Fortera EA 40 105 4200 100 P245/70R16 Goodyear Workhorse EA 40 107 4280 101 P255/50R17 Import Highway EA 100 158 15800 102 P265/75R16 Goodyear Workhorse EA 40 125 5000 103 P285/70R17 Goodyear Workhorse EA 40 183.22 7328.8 104 ST175/80RI3 Import Trailer EA 40 59 2360 105 ST205/75R14 Import Trailer EA 40 72 2880 106 ST205/75R15 Import Trailer EA 40 72 2880 107 ST225/75R15 Import Trailer EA 40 95 3400 i 108 ST235/80R16 Import Trailer EA 40 99 3960 Hourly ratc for 109 service call during XXXXXXXXXXXX XXXXXXXXXXXX Per Hour I normal business 89 89 hours A Standard call out fee for service call 110 during normal XXXXXXXXXXXX XXXXXXXXXXXX EA 1 business hours(A) 0 0 � (B Hourly rate for 111 service call AFTER XXXXXXXXXXXX XXXXXXXXXXXX Per Hour l i normal business 125 125 hours(A)'(B) Standard call out fee For service call 112 AFTER normal XXXXXXXXXXXX XXXXXXXXXXXX EA 1 business hours(A) 25 25 B Grand Total 1447761.1 *Total Price to include all fees,tax,delivery,disposal,etc. (A)City will not pay travel time to service call location,butwill pay a standard call out fee. (S)Wltert City requests tire installation service,vendor shall charge for labor ONLY,City will provide all supplies(wheel weights,valve stem parts,etc (P)pursuit rated tire i i I i, i I: 'Ir I i i AC R CERTIFICATE OF LIABILITY INSURANCE DATE.(MMIDOIYYYY) 12/21/2021 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAM : Arthur J.Gallagher&Co. Arthur J.Gallagher&Co. PHONE FAX Insurance Brokers of CA,Inc. .949-349-9800 INC,No: 18201 Von Karman, Suite 200 EooRt es : OCcertificatere uest a .com Irvine CA 92612 INSURERS AFFORDING COVERAGE HAIL# LicenseM 0726293 INSURER A:Travelers Property Casually Co of America 25674 INSURED DANITIR-01 INSURER B:Hartford Fire Insurance Company 19682 Daniels Tire Service 11850 E,Slauson Avenue INSURERC: Santa Fe Springs,CA 90670 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:957172095 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADO SURR POLICY EFF POLICYNUMBER MMIDDIYYYY MWDDIYYXYY LTR LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 83 UEN 001024 11112022 1/1/2023 EACHOCCURRENCE $1,000,000 DAMAGE TO 7RENTE CLAIMS•MADE a OCCUR PREMISES Ea oc ur ence $100,000 MED EXP(Any Oneperson) $5,000 PERSONAL b.ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑PRO � JECT LOG PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: S B AUTOMOBILE LIABILITY 83 LIEN OD1025 1/1/2022 1/1/2023 COEMBINED SINGLE LIMIT $1,000,00I0 _ a ac fdenl X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S X HIRED X NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLALIAB X OCCUR Z1JP-71M48022-22-NF 1/1/2022 1H/2023 EACH OCCURRENCE $5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION $ B WORKERS COMPENSATION 83WEOD1023 111/2022 1/1/2023 X ER OTH- AND EMPLOYERS'LIABILITY YINSTATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE —] N/A E.L.EACH ACCIDENT $1,000,000 OFF ICER/MEMBER EXCLUDED 9 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 APPRO ED AS TO f ORM 1�.a.. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may a attached a If mofe space Is requb ) RE:Work performed by the named insured as required per written contract*?M res s to.Ci o/ J ntington Beach,Cerlificate Holder Is named as Additional Insured for general Liability if required by written contract or agreement.The insu 'le ulfipolicies is primary and any other Insurance shall be excess only,and not conlributing.Walver of Subrogation on General Liability applies i pate holder. CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 784 Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE USA 01" O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 83 UEN OD1024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or Or anization s : Of Covered Operations: City of Huntington Beach, its of ficers, electe(lAhlap4aCAChousf ficials, employees, agents and volunteers Information required to complete this Schedule if not shown above will be shown in the Declarations. A. With respect to those person(s) or organization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to them, Subparagraph f., Any Other completed operations hazard", but only if: Party, under the Additional Insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II — such coverage to such additional Who Is An Insured Is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule; and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage" included within the "bodily injury", "property damage"or"personal "products-completed operations and advertising injury" caused, in whole or in hazard part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated in advertising injury"offense is committed: the Schedule; (a) During the policy period;and (2) In connection with your premises owned (b) Subsequent to the execution of such by or rented to you and shown in the written contract or written agreement; Schedule; or and Form HS 24 80 0713 Page 1 of 2 © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc.,with its permission.) SECTION II-WHO IS AN INSURED "volunteer worker" as a consequence 1. If you are designated In the Declarations as: of Paragraph (1)(a)above; a. An individual, you and your spouse are (c) For which there is any obligation to Insureds, but only with respect to the conduct share damages with or repay someone of a business of which you are the sole else who must pay damages because owner. of the Injury described in Paragraphs b. A partnership or joint venture, you are an (1)(a)or(1)(b)above; or Insured. Your members, your partners, and (d)Arising out of his or her providing or their spouses are also Insureds, but only with failing to provide professional health respect to the conduct of your business. care services. c. A limited liability company, you are an If you are not in the business of providing insured. Your members are also Insureds, but professional health care services: only with respect to the conduct of your (a)Subparagraphs (1)(a), (1)(b) and (1)(c) business. Your managers are insureds, but above do not apply to any "employee" only with respect to their duties as your or"volunteer worker" providing first aid managers. services; and d. An organization other than a partnership,joint (b)Subparagraph (1)(d) above does not venture or limited liability company, you are apply to any nurse,emergency medical an Insured. Your "executive officers" and technician or paramedic employed by directors are Insureds, but only with respect to you to provide such services. their duties as your officers or directors. Your (2) "Property damage"to property: stockholders are also insureds, but only with respect to their liability as stockholders. (a)Owned, occupied or used by, e. A trust, you are an Insured. Your trustees are Ib)Rented to, o the care, custody or also insureds, but only with respect to their control of, over which physical duties as trustees, control is being exercised for any purpose by 2. Each of the following is also an insured: a. Employees And Volunteer Workers You, any of your "employees", "volunteer workers", any partner or member (if you Your "volunteer workers" only while are a partnership or joint venture), or any performing duties related to the conduct of member (if you are a limited liability your business, or your ."employees", other company). than either your"executive officers"(if you are b. Real Estate Manager an organization other than a partnership, joint venture or limited liability company) or your Any person (other than your "employee" or managers (if you are a limited oiur "volunteer worker'), or any organization while company), but only for acts within the scope acting as your real estate manager. of their employment by you or while c. Temporary Custodians Of Your Property performing duties related to the conduct of Any person or organization having proper your business. temporary custody of your property if you die, However, none of these "employees" or but only: "volunteer workers"are Insureds for: (1) With respect to liability arising out of the (1) 'Bodily injury"or"personal and advertising maintenance or use of that property; and injury": (2) Until your legal representative has been (a) To you,to your partners or members(€f appointed. you are a partnership or joint venture), d. Legal Representative If You Die to your members (if you are a limited liability company), to a co-"employee" Your legal representative if you die, but only while in the course of his or her with respect to duties as such. That employment or performing duties representative will have ail your rights and related to the conduct of your duties under this Coverage Part, business, or to your other "volunteer e. Unnamed Subsidiary workers" while performing duties Any subsidiary, and subsidiary thereof, of related to the conduct of your yours which Is a legally incorporated entity of business; which you own a financial interest of more (b)To the spouse,child, parent, brother or than 50% of the voting stock on the effective sister of that co-"employee" or that date of the Coverage Part. HG 00 01 0916 Page 11 of 21 The insurance afforded herein for any A person or organization is an additional Insured subsidiary not named In this Coverage Part under this provision only for that period of time as a named Insured does not apply to injury required by the contract or agreement, or damage with respect to which such insured However, no such person or organization Is an is also a named insured under another policy Insured under this provision If such person or or would be a named insured under such organization Is included as an Insured by an policy but for Its termination or the exhaustion endorsement Issued by us and made a part of of its limits of insurance. this Coverage Part. 3. Newly Acquired Or Formed Organization a. Vendors Any organization you newly acquire or form, Any person(s) or organization(s) (referred to other than a partnership, joint venture or limited below as vendor), but only with respect to liability company, and over which you maintain "bodily injury" or "property damage" arising financial interest of more than 50% of the voting out of"your products"which are distributed or stock, will qualify as a Named insured if there is sold in the regular course of the vendor's no other similar insurance available to that business and only if this Coverage Part organization. However: provides coverage for "bodily injury" or a. Coverage under this provision is afforded only "property damage" included within the until the 180th day after you acquire or form "products-completed operations hazard". the organization or the end of the policy (1) The insurance afforded the vendor is period,whichever Is earlier; subject to the following additional b. Coverage A does not apply to "bodily Injury" exclusions: or "property damage" that occurred before This insurance does not apply to: you acquired or formed the organization;and (a)"Bodily injury"or"property damage" e"for c. Coverage B does not apply to "personal and which the vendor is obligated to pay advertising Injury" arising out of an offense damages by reason of the assumption committed before you acquired or formed the of liability In a contract or agreement. organization. This exclusion does not apply to 4. Nonowned Watercraft liability for damages that the vendor With respect to watercraft you do not own that is would have in the absence of the less than 51 feet long and is not being used to contract or agreement; carry persons for a charge, any person is an (b)Any express warranty unauthorized by Insured while operating such watercraft with your you; permission. Any other person or organization (c)Any physical or chemical change in the responsible for the conduct of such person Is product made intentionally by the also an insured, but only with respect to liability vendor; arising out of the operation of the watercraft, and (d)Repackaging, except when unpacked only if no other insurance of any kind is available solely for the purpose of inspection, to that person or organization for this liability, demonstration, testing, or the However, no person or organization Is an Insured substitution of parts under instructions with respect to: from the manufacturer, and then a. "Bodily injury" to a co-"employee" of the repackaged in the original container; person operating the watercraft;or (e) Any failure to make such inspections, b. "Property damage" to property owned by, adjustments, tests or servicing as the rented to, in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual insured under this provision. course of business, In connection with 5. Additional Insureds When Required By the distribution or sale of the products; Written Contract, Written Agreement Or (f) Demonstration, installation, servicing Permit or repair operations, except such The following person(s) or organization(s) are an operations performed at the vendor's additional Insured when you have agreed, in a premises in connection with the sale of written contract, written agreement or because of the product; a permit issued by a state or political subdivision, (g) Products which, after distribution or that such person or organization be added as an sale by you, have been labeled or additional Insured on your policy, provided the relabeled or used as a container, part Injury or damage occurs subsequent to the or Ingredient of any other thing or execution of the contract or agreement. substance by or for the vendor;or Page 12 of 21 HG 00 01 09 16 (h)"Bodily injury" or "property damage" omissions of those acting on your behalf: arising out of the sole negligence of the (1) In connection with your premises;or vendor for Its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: (i)The exceptions contained In Sub- With respect to the insurance afforded these paragraphs ( or(f};or additional insureds, the following additional exclusion applies: (i€) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make In the usual of or the failure to render any professional course of business, in connection services by or for you, Including: with the distribution or sale of the products. 1. The preparing, approving, or failing to prepare or approve, maps,shop drawings, (2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications; or or any ingredient, part or container, entering into, accompanying or containing 2. Supervisory, inspection, architectural or such products. engineering activities. b. Lessors Of Equipment This exclusion applies even If the claims (1) Any person(s) or organization(s) from against any insured allege negligence or other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for "bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in p damage", or the offense which caused the art, by your maintenance, operation or use of equipment teased to you by such "personal and advertising Injury", Involved the person(s) or organizatlon(s), rendering of or the failure to render any professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional Insureds this Insurance Subdivisions does not apply to any "occurrence" which takes place after the equipment lease Any stale or political subdivision, but only with expires. respect to operations performed by you or on c. Lessors Of Land Or Premises your behalf for which the state or political subdivision has issued a permit. Any person or organization from whom you With respect to the Insurance afforded these lease land or premises, but only with respect additional Insureds, this Insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or (1) "Bodily injury", "property damage" or premises leased to you. With respect to the Insurance afforded these "personal and advertising injury" arising p out of operations performed for the state additional insureds the following additional or municipality;or exclusions apply: This insurance does not apply to: (2) "Bodily Injury" or "property damage" Included within the products-completed 1. Any "occurrence" which takes place after operations hazard". you cease to lease that land;or f, Any Other Party 2. Structural alterations, new construction or Any other person or organization who Is not demolition operations performed by or on an additional insured under Paragraphs a. behalf of such person or organization, through e. above, but only with respect to d. Architects,Engineers Or Surveyors liability for "bodily Injury", "property damage" Any architect, engineer, or surveyor, but only or"personal and advertising injury"caused, In with respect to liability for "bodily Injury", whole or In part, by your acts or omissions or "property damage" or "personal and the acts or omissions of those acting on your advertising injury"caused, in whole or in part, behalf: by your acts or omissions or the acts or (1) In the performance of your ongoing operations; HG 00 01 09 16 Page 13 of 21 (2) In connection with your premises owned No person or organization is an insured with respect by or rented to you;or to the conduct of any current or past partnership, (3) In connection with "your work" and joint venture or limited liability company that is not Included within the "products-completed shown as a Named Insured In the Declarations. operations hazard", but only if SECTION III-LIMITS OF INSURANCE (a)The written contract or agreement 1. The Most We Will Pay requires you to provide such coverage The Limits of Insurance shown in the to such additional insured; and Declarations and the rules below 0x the most we (b)This Coverage Part provides coverage will pay regardless of the number of: for"bodily injury"or"property damage" a. Insureds; Included within the "products- completed operations hazard". b. Claims made or"suits"brought;or However: c. Persons or organizations making claims or bringing"suits". (1) The insurance afforded to such additional 2. General Aggregate Limit Insured only applies to the extent permitted by law; and The General Aggregate Limit is the most we will (2) If coverage provided to the additional pay for the sum of: Insured is required by a contract or a. Medical expenses under Coverage C; agreement,the Insurance afforded to such b. Damages under Coverage A, except additional insured will not be broader than damages because of "bodily Injury" or that which you are required by the contract "property damage" Included in the "products- or agreement to provide for such completed operations hazard';and additional insured. c. Damages under Coverage B. With respect to the insurance afforded to 3. Products-Completed Operations Aggregate these additional Insureds, this insurance does Limit not apply to: The Products-Completed Operations Aggregate Bodily injury", property damage or Limit is the most we will pay under Coverage A "personal and advertising injury"arising out of for damages because of "bodily injury" and the rendering of, or the failure to render, any "property damage" included in the "products- professional architectural, engineering or completed operations hazard". surveying services,including: (1) The preparing, approving, or failing to 4. Personal And Advertising Injury Limit prepare or approve, maps, shop drawings, Subject to 2. above, the Personal and opinions, reports, surveys, field orders, Advertising Injury Limit Is the most we will pay change orders or drawings and under Coverage B for the sum of all damages specifications;or because of all "personal and advertising injury" (2) Supervisory, inspection, architectural or sustained by any one person or organization. engineering activities. 6. Each Occurrence Limit This exclusion applies even if the claims Subject to 2. or 3. above, whichever applies, the against any Insured allege negligence or Each Occurrence Limit is the most we will pay for other wrongdoing In the supervision, hiring, the sum of: employment, training or monitoring of others a. Damages under Coverage A; and by that insured, if the "occurrence" which b. Medical expenses under Coverage C caused the "bodily injury" or "property damage", or the offense which caused the because of all "bodily injury" and "property "personal and advertising injury", involved the damage"arising out of any one"occurrence". rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you. Subject to 6. above, the Damage To Premises The limits of Insurance that apply to additional Rented To You Limit is the most we will pay Insureds is described in Section III - Limits Of under Coverage A for damages because of Insurance. "property damage" to any one premises, while How this Insurance applies when other insurance rented to you, or in the case of damage by fire, is available to the additional insured is described lightning or explosion, while rented to you or in the Other Insurance Condition in Section IV - temporarily occupied by you with permission of Commercial General Liability Conditions, the owner. Page 14 of 21 HG 00 01 0916 In the case of damage by fire, lightning or b. Notice Of Claim explosion, the Damage to Premises Rented To If a claim is made or"suit" is brought against You Limit applies to all damage proximately any insured, you or any additional insured caused by the same event, whether such must: damage results from fire, lightning or explosion or any combination of these. (1} Immediately record the specifics of the claim or"suit"and the date received; and 7. Medical Expense Limit (2) Notify us as soon as practicable. Subject to 6. above,the Medical Expense Limit is You or any additional insured must see to it the most we will pay under Coverage C for all medical expenses because of "bodily injury" that we receive written notice of the claim or sustained by any one person. "suit"as soon as practicable. 8. How Limits Apply To Additional Insureds c. Assistance And Cooperation Of The Insured If you have agreed In a written contract or written You and any other involved Insured must: agreement that another person or organization be added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received In connection with the a. The limits of insurance specified in the written claim or"suit'; contract or written agreement; or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information; Declarations. (3) Cooperate with us in the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits. of Insurance shown in the. the"suit", and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of Insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this Insurance may also apply. shown In the Declarations, unless the policy period d. Obligations At The Insureds Own Cost Is extended after issuance for an additional period of No insured will, except at that insured's own less than 12 months. In that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding any obligation, or incur any expense, other period for purposes of determining the Limits of than for first aid,without our consent. Insurance. e. Additional Insureds Other Insurance SECTION IV - COMMERCIAL GENERAL If we cover a claim or "suit" under this LIABILITY CONDITIONS Coverage Part that may also be covered by 1. Bankruptcy other insurance available to an additional Bankruptcy or insolvency of the insured or of the insured, such additional Insured must submit insured's estate will not relieve us of our such claim or "suit" to the other Insurer for obligations under this Coverage Part. defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written a. Notice Of Occurrence Or Offense contract or written agreement that this You or any additional insured must see to It insurance is primary and non-contributory that we are notified as soon as practicable of with the additional insured's own insurance. an "occurrence" or an offense which may f. Knowledge Of An Occurrence, Offense, result in a claim. To the extent possible, Claim Or Suit notice should include: Paragraphs a. and b. apply to you or to any (1) How, when and where the "occurrence"or additional insured only when such offense took place; "occurrence", offense, claim or"suit" Is known (2) The names and addresses of any Injured to: persons and witnesses;and (1) You or any additional insured that is an (3) The nature and location of any injury or individual; damage arising out of the "occurrence" or (2) Any partner, If you or the additional offense, insured is a partnership; HG 00 0109 16 Page 16 of 21 (3) Any manager, if you or the additional (3) Tenant Liability Insured is a limited liability company; That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional Insured Is "property damage" to premises rented to a corporation; you or temporarily occupied by you with (6) Any trustee, If you or the additional permission of the owner; Insured is a trust;or (4) Aircraft,Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured Is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I - Coverage A- Bodily Injury And additional insured. Property Damage Liability; 3. Legal Action Against Us (6) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of"property damage" a. To join us as a party or otherwise bring us to borrowed equipment or the use of into a "suit" asking for damages from an elevators to the extent not subject to insured; or Exclusion J. of Section I - Coverage A - Bodily injury And Property Damage b. To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available to you against an insured; but we will not be liable for covering liability for damages arising out damages that are not payable under the terms of of the premises or operations, or products this Coverage Part or that are in excess of the and completed operations, for which you applicable limit of insurance. An agreed have been added as an additional insured settlement means a settlement and release of by that Insurance;or liability signed by us, the insured and the (7) When You Add Others As An claimant or the claimant's legal representative. Asiditional_Jnsured Toshis-Jnsuranra 4. Other Insurance If other valid and collectible insurance is Any other Insurance available to an additional Insured. available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our However, the following provisions apply to obligations are limited as follows: other insurance available to any person or a. Primary Insurance organization who is an additional insured under this coverage part. This insurance is primary except when b. (a)Primary Insurance When Required below applies. If other Insurance is also By Contract primary, we will share with all that other Insurance by the method described In c. This insurance is primary if you have below. agreed in a written contract or written b. Excess Insurance agreement that this Insurance be primary. If other insurance is also This insurance is excess over any of the other primary, we will share with all that insurance, whether primary, excess, other insurance by the method contingent or on any other basis: described in c.below. (1) Your Work (b)Primary And Non-Contributory To That is Fire, Extended Coverage, Builder's Other Insurance When Required By Risk, Installation Risk or similar coverage Contract for"your work"; If you have agreed in a written (2) Premises Rented To You contract, written agreement, or permit That is fire, lightning or explosion that this insurance is primary and non- insurance for premises rented to you or contributory with the additional temporarily occupied by you with insureds own insurance,this Insurance permission of the owner; is primary and we will not seek p contribution from that other insurance. Page 16 of 21 HG 00 0109 16 Paragraphs (a) and (b) do not apply to computation, and send us copies at such other insurance to which the additional times as we may request. Insured has been added as an additional 6. Representations insured. a. When You Accept This Policy When this insurance Is excess, we will have By accepting this policy,you agree; no duty under Coverages A or B to defend the insured against any "suit" if any other (1) The statements in the Declarations are Insurer has a duty to defend the Insured accurate and complete; against that"suit". If no other insurer defends, (2) Those statements are based upon we will undertake to do so, but we will be representations you made to us;and entitled to the insured's rights against all (0) We have Issued this policy In reliance those other Insurers. upon your representations. When this insurance is excess over other b. Unintentional Failure To Disclose Hazards insurance, we will pay only our share of the amount of the loss, if any, that exceeds the If unintentionally you should fail to disclose all sum of. hazards relating to the conduct of your (1) The total amount that all such other business that exist at the inception date of insurance would pay for the loss in the this Coverage Part, we shall not deny absence of this Insurance; and coverage under this Coverage Part because (2) The total of all deductible and self-Insured of such failure. amounts under all that other Insurance. 7. Separation Of Insureds We will share the remaining loss, if any, with Except with respect to the Limits of Insurance, any other insurance that is not described in and any rights or duties specifically assigned in this Excess Insurance provision and was not this Coverage Part to the first Named Insured, bought specifically to apply in excess of the this insurance applies; Limits of Insurance shown In the Declarations a. As if each Named Insured were the only of this Coverage Part. Named Insured; and c. Method Of Sharing b. Separately to each insured against whom If all of the other Insurance permits claim Is made or"suit"is brought. contribution by equal shares, we will follow 8. Transfer Of Rights Of Recovery Against this method also. Under this approach each Others To Us Insurer contributes equal amounts until It has a. Transfer Of Rights Of Recovery paid its applicable limit of insurance or none of the loss remains,whichever comes first. If the insured has rights to recover all or part If any of the other insurance does not permit of any payment, including Supplementary contribution by equal shares, we will Payments, we have made under this contribute by limits. Under this method, each Coverage Part,those rights are transferred to insurer's share is based on the ratio of its us. The Insured must do nothing after loss to applicable Ilmlt of insurance to the total impair them. At our request, the insured will applicable limits of insurance of all insurers. bring "suit" or transfer those rights to us and 6. Premium Audit help us enforce them. a. We will compute all premiums for this b. Waiver Of Rights Of Recovery (Waiver Of Coverage Part in accordance with our rules Subrogation) and rates. If the insured has waived any rights of b. Premium shown in this Coverage Part as recovery against any person or organization advance premium is a deposit premium only. for all or part of any payment, including At the close of each audit period we will Supplementary Payments, we have made compute the earned premium for that period under this Coverage Part, we also waive that and send notice to the first Named Insured, right, provided the insured waived their rights The due date for audit and retrospective of recovery against such person or premiums Is the date shown as the due date organization In a contract, agreement or on the bill. If the sum of the advance and permit that was executed prior to the injury or audit premiums paid for the policy period Is damage, greater than the earned premium, we will 9. When We Do Not Renew return the excess to the first Named Insured. If we decide not to renew this Coverage Part, we c. The first Named Insured must keep records of will mail or deliver to the first Named Insured the information we need for premium shown in the Declarations written notice of the HG 00 0109 16 Page 17 of 21