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HomeMy WebLinkAboutKnorr Systems Int’l; 2024-11-21; PR-MPW-24007RTracking #: COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 1 City Attorney Approved 6/5/2024 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT; CONT. NO. PR-MPW-24007R This contract is made on the ______________ day of _________________________, 20__ (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and Knorr Systems Int’l., a corporation whose principal place of business is 2221 S. Standard Ave, Santa Ana, CA 92707 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Mike Anderson (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 21st November 24 Tracking #: COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 2 City Attorney Approved 6/5/2024 by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations (‘DIR’), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. 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. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor’s required certification is provided in Exhibit D. 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 Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 Docusign Envelope ID: 985CB288-03E7-4E23-8649-92A835824284 • I Tracking#: installed to at least one on -site individual to provide real-time access to current posted drawings, specifications, RFls, 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. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, 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 the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ~ Print Name: Rich Robert REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that 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. Commercial General Liability 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. Property damage insurance in an amount of not less than ........ $2,000,000 COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 3 City Attorney Approved 6/5/2024 Tracking #: COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 4 City Attorney Approved 6/5/2024 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 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. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. 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, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within fourteen (14) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty-two (32) working days after receipt of Notice to Proceed. Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 Tracking #: COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 5 City Attorney Approved 6/5/2024 CONTRACTOR’S INFORMATION. Knorr Systems Int’l.2221 S. Standard Ave. (name of Contractor) 562312 (street address) Santa Ana, CA 92707 (Contractor’s license number) C-61/D35 – 4/30/2025 (city/state/zip) 714-754-4044 (license class. and exp. date) 1000878960 – 6/30/2027 (telephone no.) joef@knorrsystems.com (DIR registration number/exp. date)(e-mail address) AUTHORITY. The individuals executing this Contract 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 Contract. [signatures on following page] Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 . Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 ' . CONTRACTOR Knorr Systems lnt'I., a corporation Rich Robert, President (print name/title) By: N/A single signer (sign here) (print name/title) Tracking#: CITY OF CARLSBAD, a municipal corporation of the State of California By: Parks & Recreation Director ATTEST: SHERRY FREISINGER, City Clerk By: j~ le_ ~ ~ Deputy City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. li-2 corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: OUuj:o.-fV'()St Deputy/ Assistant City Attorney COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 6 City Attorney Approved 6/5/2024 Tracking #: COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 7 City Attorney Approved 6/5/2024 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to be Subcontracted Business Name and Address DIR Registration No. & Expiration Date License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. N/A 0% Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 Tracking #: COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 8 City Attorney Approved 6/5/2024 EXHIBIT B SCOPE OF WORK Summary: Rebuild Competition Pool filter and replace Wet Play circulation pump at Alga Norte Aquatic Center. Includes the procurement of materials. Competition Pool Filter Rebuild Work to be performed on six Eko-42-275 filter tanks: o Isolate the filtration system and remove the manway covers. o Remove 258 cu. ft of existing filter media and laterals for offsite disposal. o Install new OEM laterals and internal filter components, load the filter tanks with Activated Filter Media (AFMng Grade 1, AFMng Grade 2, and AFMng Grade 3 Activated Filter Media; antibacterial, water saving activated glass media). o Reinstall the manway covers. o Turn the main circulation pump on and run the system at the design flow rate for at least 24 hours before backwashing. o Perform initial backwash procedure. Wet Play Circulation Pump Replacement Remove the existing Splash Pad main circulation pump and install a new Pentair WhisperfloXF 5 HP, 3 phase 208-230/460 XFK-20 pump in its place. Install a new Siemens35 AMP 3-pole 240VAC breaker in Panel “SP” and pull new #12 THHN wires from the breaker to the new pump. Make up electrical connection, confirm correct rotation, and verify proper operation. Total Cost: $53,943.80* *Includes prevailing wage, labor & materials bond, taxes, fees, expenses and all other costs. Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 • • • • . Docusign _Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 Bond No. 016246064 Tracking#: EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Knorr Systems, lnt'I. (hereinafter designated as the "Principal"), a Contract for: COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT; CONT. NO. PR-MPW-24007R in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Knorr Systems, lnt'I., as Principal, (hereinafter designated as the "Contractor"), and Knorr Systems Int. 'I. LLC as Surety, are held firmly bound unto the City of Carlsbad in the sum of Fifty Three Thousand Nine Hundred Forty Three Dollars and 80/100 dollars (~3,943.80), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms ofthe Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or thf ~peoitications accompanying the same shall affect its obligations on this bond, and it does hereby, waiye fnbtirn:--1 ,of any change, extension of time, t 111 I 0\ ll / 11 ' COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R , ) . ,. . ,. ) • 'Page ,9 \ I I I/ '\ , I . \ \ I 'I I I ' City Attorney Approved 6/5/2024 !II I l I, J.: ' , Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 Bond No. 016246064 Tracking#: alterations or addition to the terms of the contract or to the work or to t he specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this 18th day of November _K_n_o_rr_S"-ys_te_m_s_In_t_.'1""", L_L_C ______ (SEAL) The Ohio Casualty and Surety Company (SEAL) (Principal) (Surety) B~~- {Signature) , I I (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM : CINDIE K. McMAHON City Attorney By: Deputy /Assistant City Attorney COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 10 J \ I / ,\ , 1 ,) I :1 l I I I I I I I City Attorney Approved 6/5/2024 , Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fandamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such Jaws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the Jf)1h day of March, 2013, I have hereunto set my hand and caused my official seal to be affixed this 19th day of March, 2013. ,,\ I l I 'l ' 1 NOTICE: ' ) ' \ ' I Dave Jones Insurance Commissioner Yc~-><4ps Valerie J. Sarfaty for Nettie Hoge Chief Deputy Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a ~iolatiou ·~011,;urancil Cede section 70 I and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the atJplicati,,r. therefor and the conditions contained herein. ' > :l ' · Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 ' . CERTIFICATE OF ACKNOWLEDGMENT The State of Arkansas County of Lonoke Before me, Deborah Wohner, a notary public (insert the name and character of the officer), on this day personally appeared Ami Ashmore , proved to me on the oath of NIA or through drivers license ( description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. (Seal) • DEBORAH WOHNER LONOKE COUNTY NOTARY PUBLIC --ARKANSAS My Commipsion Expires March 8, 2034 Commission No, 00000968 Given under my hand and seal of office this Notary Public, State of Arkansas 't) ,' I ·l I l Page 1 of I . ~ocusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 ~Lihertx ~ Mutuat SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8211437-969473 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, _A_m_1_· __ _ Ashmore, Samantha Davis, Sherese Escovedo, Jay Hunter Fry, Cathy Kelley, Cynthia Kimbrough, Stephanie Lively, Felecia Prince, Warren Miles Stephens all of the city of Little Rock state of AR each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ....22!!:!.._ day of February , 2024 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company j .._ _ _, .._ _ _, Bye M;r~· !! ...... _-~ David M. Carey, Assistant Secretary ,r:::_ ~ w State of PENNSYLVANIA ~ ~ 5J County of MONTGOMERY ss .§ E ~ ~ On this 29th day of February , 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1§ a, ~ ro Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ~@ 2 ..::'. therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ ~ ...,. Cll u.. !-~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~~ Clloo ~0 .2 ~ Commonwealth of Pennsylvania -Notar; Seal ';:'.:: a, Q Teresa Paslella, Nola,y Public ,,f---.... /) ~ 'n'i ...,. (I) Monlgomer; County f//, ~ _ . 1 t -I-,I /I '-E g CO My commission expires March 28, 2025 By: ~'-~----~-~-~~------------li3 a, ,,,...,.'-,.~ .,,.,.~•~'r. Commission number 1126044 leresa Pastella, Notary Public <( o "' -~ ... ~ ~ Member, Pennsylvania Assoc1atton of Notanes o, 00 ~r,qF(y 1'U<c,V O 0 Cll ~ '-'St .g' 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ ~ ~ .!:_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: &_ ~ .__ 2 ARTICLE IV-OFFICERS: Section 12. Power of Attorney. 0 ~ .E ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =i:i ..--;g i:;' President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ~ ~ ~ ffi any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -c ~ ..... t: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § a, ~ 13 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the -:= l:l provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. if ~ ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Companx i~ ccln~e'cli~h lll'ith surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. , • 1 , I I I I I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Comp,ar\y,, libfl.~Y'Mutual lns~1'at,~e Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and corre9tr opy r:;fi':He Power 6f Attorney' P,Xecuted by said Companies, is in full force and effect and has not been revoked. ' ' . , , , , <), • I IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Comp~~i&~ lh!s ~ 1 day of , Ndvember , 2024 • I I , , ~ ' ~~'I_.~ > By: Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 Tracking #: COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 11 City Attorney Approved 6/5/2024 EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city’s ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor’s, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 . Docusign Envelope ID: 985CB288-03E7-4E23-8649-92A835824284 ' . Tracking#: EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: D The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. □ The Fleet is exempt from the Regulation under Section 2449.l(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Contractor and/or their subcontractor is unable to procure R99 or RlOO renewable diesel fuel as defined in the Regulation pursuant to Section 2449.l(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). □ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). 1:29 The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Contractor: Knorr Systems lnt'I., LLC Name: Rich Robert Title: President Date: 11/12/2024 COMPETITION POOL FILTER REBUILD & WET PLAY CIRCULATION PUMP REPLACEMENT CONT. NO. PR-MPW-24007R Page 12 City Attorney Approved 6/5/2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 10/31/2024 Stephens Insurance, LLC111 Center Street, Suite 100Little Rock, AR 72201 (205) 847-3908 www.stephensinsurance.com Aspen Specialty Insurance Company-A (XV)10717 Travelers Casualty and Surety Co of Amer-A++ (XV) 31194 A 1,000,000ERACCC9248/1/2024 8/1/2025 300,000 25,000 1,000,000 2,000,000 2,000,000 B 810-8W994744-24-43-G 8/1/2024 8/1/2025 1,000,000 A EXACCCA24 8/1/2024 8/1/2025 3,000,000 3,000,000 0 B UB-9W057283-24-43-G 8/1/2024 8/1/2025 1,000,000N1,000,000 1,000,000 A General Pollution Liability ERACCC924 8/1/2024 8/1/2025 Each Incident -Contractors Poll (Ded $15K)$1,000,000 -On/Off Site Pollution (Ded $15K)$1,000,000 Michael L. Wilson Jeanie Miller Jeanie.miller@stephens.com DED: $15,000 BI & PD Professional (Ded $15K)$1,000,000 Knorr Systems Intl., LLC2221 Standard AvenueSanta Ana CA 92707 82555490 Liability policy. A Waiver of Subrogation is granted in favor of City of Carlsbad in accordance with the policy provisions of the Workers City of CarlsbadAttn: Ms. Tracy Stayton1635 Faraday AvenueCarlsbad CA 92008 RE: All Projects" with the City. City of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Compensation policy. Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 ~ ACORD® ~ J_ ✓ □ [L] ~ ~ ~ [2J □ ~ J_ ~ ~ ~ ~ ~ ✓ H I ✓I ✓ □ I 82555490 I Master 24-25 GLALEXWC Poll Knorr Per Proj ect [ Jeanie Miller I 10/31/2024 8,24,02 AM (CDT) I Page 1 of 4 This certificate cancels and supers edes ALL prev iously issued certificates . I I ✓I I I Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00)- POLICY NUMBER: UB-9W057283-24-43-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION : DATE OF ISSUE: ST ASSIGN : 82555490 I Master 24-25 GLALEXWC Poll Knorr Per Project [ Jeanie Miller I 10/31/2024 8,24,02 AM (CDT) I Page 2 of 4 This certificate cancels and supersedes ALL previously issued certificates. PolicyNo.:RACCC92 Effective Date: 0 //202 Endorsement No.: 29 ASPENV215 0917 Page 1 of 1 2017 © Aspen Insurance U.S. Services Inc. All rights reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT – OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following coverages only: Section 1. COMMERCIAL GENERAL LIABILITY AND EMPLOYEE BENEFITS ADMINISTRATION Section 2 GENERAL POLLUTION LIABILITY Section 3 SITE POLLUTION INCIDENT LIABILITY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location(s) Of Covered Operations: Those required by written contract executed prior to a loss. N/A Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section IV. 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, personal and advertising injury, environmental damage, emergency response cost, or clean-up cost 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. B.With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to your work that is deemed completed in accordance with Section VIII. DEFINITIONS, paragraph OO. (Products-completed operations hazard). C.Notwithstanding Section VII. CONDITIONS, paragraph J. (Other Insurance), with respect to the insurance afforded to the additional insureds added by this Endorsement, this Policy shall be primary to, and non-contributory with, any other insurance available to that person or organization when required by written contract or agreement. All other terms and conditions of this Policy remain unchanged. Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 E 4 8 1 4 82555490 I Master 24-25 GLALEXWC Poll Knorr Per Project [ Jeanie Miller I 10/31/2024 8,24,02 AM (CDT) I Page 3 of 4 This certificate cancels and supersedes ALL previously issued certificates. ,~Aspen Policy No.:ERACCC924 Effective Date: 10/20/2024 Endorsement No.:29 ASPENV739 0418 Page 1 of 1 2018 © Aspen Insurance U.S. Services Inc. All rights reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ALL OPERATIONS It is hereby agreed that solely with respect to the Applicable Coverage Section(s) designated below, the policy is amended as follows: Applicable Coverage Section(s) 1.a. Bodily Injury and Property Damage 1.b. Personal and Advertising Injury 2.a. Hostile Fire & Building Equipment 2.b. Products Pollution 2.c. Transportation Pollution 2.d. Contractors Pollution 2.e. Site Time-Element BI and PD Schedule Name Of Additional Insured Person(s) Or Organization(s): City of Carlsbad Section IV. 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, as applicable, bodily injury, property damage, personal and advertising injury, environmental damage, or pollution incident caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf. However, the insurance afforded to such additional insured only applies to the extent permitted by law. This Endorsement shall not increase any applicable Limits of Liability shown in the Declarations. All other terms and conditions of this Policy remain unchanged. Docusign Envelope ID: 985CB28B-03E7-4E23-B649-92A835824284 82555490 I Master 24-25 GLALEXWC Poll Knorr Per Project [ Jeanie Miller I 10/31/2024 8,24,02 AM (CDT) I Page 4 of 4 This certificate cancels and supersedes ALL previously issued certificates. ,~Aspen