HomeMy WebLinkAboutCosco Fire Protection Inc; 2020-09-22; PWM21-1225FACDocuSign Envelope ID: A6F21526-1FC4-41E1-8423-2F419CF77C3A
September22nd
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
SAFETY CENTER BACKFLOW REPLACEMENT
PWM21-1225FAC
This agreement is made on the ______ day of ___________ , 2020, by the City
of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Cosco Fire Protection, Inc.,
a California corporation whose principal place of business is 4990 Greencraig Lane, San Diego, CA 92123
(hereinafter called "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, 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: Robert Ferris
(City Project Manager).
WAGE RA TES. 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 Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said
specified prevailing rates of wages to all workers employed by him or her in execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act."
The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for
public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
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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 agreement 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 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: Ill; /? =t/
Print Name: Alex Hernandez
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 of Injuries including accidental death, to any one person in an
amount not less than ........ $1 ,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
....... $1,000,000
Property damage insurance in an amount ofnot less than ....... $1,000,000
Automobile Liability Insurance in the amount of $1,000,000 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 thirty (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.
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INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its officers and employees, from 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.
JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed .
Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Cosco Fire Protection, Inc.
(name of Contractor)
577621
(Contractor's license number)
C-10, C16 9/30/2021
(license class. and exp. date)
10000002305
(DIR registration number)
6/30/2021
(DIR registration exp. date)
Safety Center Backflow Replacement -Cont. No. 4723 Page 3 of 10
4990 Greencraig Lane
(street address)
San Diego, CA 92123
(city/state/zip)
858-444-2023
(telephone no.)
858-444-2056
(fax no .)
mkuz@coscofire.com
(e-mail address)
City Attorney Approved 1/25/2019
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AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
CONTRACTOR
COSCO FIRE PROTECTION, INC.,
a California corporation
By: f!;LJ/
I (sign he[e
Alex Hernandez, Vice-President
(print name/title)
Roger Jump, Secretary & Treasurer
(print name/title)
CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
Paz Gomez, Deputy City Manager, Public
Works, as authorized by the City Manager
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. lf_g_
corporation, Agreement 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:
CELIA A. BREWER, City Attorney
BY:~ Assistat City Attorney
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EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor 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 sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor 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
Portion of Project to Business Name and Address DIR Registration License No., % of
be Subcontracted No. Classification & Total
Expiration Date Contract
;p-afe ~Avt!-7/2-97~
-d,r: ex..Wttf 1t1n ///#'en' uth 1/tJ j,ea,-j I W()(JIJ '(K:,-7 ijlop2 )]. /4 Pf' It? /11~/IV/ ...,
'lrf7t7 turf,~ /lei,; ft'P-l,~K. ~1111neRr1~ Jk iiavk Jpw Jz,.r ,'e,e,, j()(7(l(l /t! 373 t/:ivA.t
f M '/o Total% Subcontracted: r .,, --~~--
The Contractor must perform no less than fifty percent (50%) of the work with its own forces.
Safety Center Backflow Replacement -Cont. No. 4723 Page 5 of 10 City Attorney Approved 1/25/2019
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EXHIBIT B
Safety Center Backflow Replacement
Contractor to provide all material, tools, labor, design, and fees to install a new 6" Wilkins 475DA RPDA
backflow preventer and alarm to Saw cut and demolish top concrete lid of existing vault, excavate
landscape area at existing PIV & F.D.C. down to anticipated 7' depth in landscaping, and demolish back
wall of existing vault.
Scope of Work to include:
o Shoring provided for trenches over 5' deep.
o 36" deep trench from location of new backflow to building for underground FA wiring.
o Remove and replace existing underground check valve, control valve, and piping from pipe entering
existing underground vault to existing PIV & F.D.C. behind existing vault.
o Removal/Dump fess of concrete, existing underground OS&Y, Single Check, F.D.C. & PIV valves.
o New underground piping to be C900 PVC pipe and new concrete spool pieces at new backflow.
o Thrust blocks provided at change of direction and underground fittings.
o Install (1) 6" RPDA backflow assembly with new F.D.C. above ground at location of existing vault.
o Perform hydrostatic pipe test with city inspector to witness and sign-off.
o Backfill vault at backflow with new sand bed and imported soil.
o Backfill trench behind vault with new sand bed and native soil.
o Compact soil with handheld compactor.
o Frame and pour new concrete pad beneath backflow assembly.
o Backflow preventer shall be provided with two new tamper switches.
o Backflow certification included.
o Final inspection with Carlsbad F.D.
• All work will be performed during normal working hours as one phase, 8am to 4:30pm.
• Installation will be performed per NFPA.
• Plans shall be submitted to the City of Carlsbad Fire Department for approval.
• City of Carlsbad permit fees included
• Labor and material bond are included.
o Engineer new drawings and submit to the City of Carlsbad for new permit.
ni o Provide tools, labor and materials to run new wire in the provided underground conduit system from
\:!....--the Simplex 4001 Conventional Fire Alarm panel out to the new OS&Y location.
o Conduct rough in inspection with the AHJ.
Q.._.o Install two new OS&Y Tamper Switches and install new bell box and liquid tight conduits between
the two switches to house the new wire and tie new circuit into the existing open zone of the
Simplex 4001 conventional FACP.
6) o Pre-test the new switches.
o Perform final inspection with the AHJ.
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION PRICE
NO.
1 LS 1 Backflow Installation $53,920
2 LS 1 Fire Alarm $5,930
TOTAL* $59,850
*Includes taxes, fees, expenses and all other costs.
Safety Center Backflow Replacement -Cont. No. 4723 Page 6 of 10 City Attorney Approved 1/25/2019
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•• e 11(1.,
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PWM21-1225FAC COSCO Exhibit "A" (continued)
Fire Protection
4990 Greencraig Lane
San Diego, CA 92123
(858) 444-2000 fax: 444-2056
State License No: C-16-577621
www.coscojire.com
Attn: Robert Fenis
City of Carlsbad
Safety Center Building -Backflow Installation
2560 Orion Way, Carlsbad, CA
Backflow Scope of Work:
July 9, 2020
• This proposal includes materials, tax, tools, equipment, design and labor, to install a new 6" Wilkins 475DA
RPDA backflow preventer.
• Scope of work includes:
o Saw cut and demolish top concrete lid of existing vault, excavate landscape area at existing PIV &
F.D.C. down to anticipated 7' depth in landscaping, and demolish back wall of existing vault.
o Shoring provided for trenches over 5' deep.
o 36" deep trench from location of new backflow to building for underground FA wiring.
o Remove and replace existing underground check valve, control valve, and piping from pipe entering
existing underground vault to existing PIV & F.D.C. behind existing vault.
o Removal/Dump fess of concrete, existing underground OS&Y, Single Check, F.D.C. & PIV valves.
o New underground piping to be C900 PVC pipe and new concrete spool pieces at new backflow.
o Thrust blocks provided at change of direction and underground fittings.
o Install (I) 6" RPDA backflow assembly with new F.D.C. above ground at location of existing vault.
o Perform hydrostatic pipe test with city inspector to witness and sign-off.
o Backfill vault at backflow with new sand bed and imported soil.
o Backfill trench behind vault with new sand bed and native soil.
o Compact soil with hand held compactor.
o Frame and pour new concrete pad beneath backflow assembly.
o Backflow preventer shall be provided with two new tamper switches.
o Backflow certification included.
o Final inspection with Carlsbad F.D.
• All work will be performed during normal working hours as one phase, 8am to 4:30pm.
• Installation will be performed perNFPA.
• Plans shall be submitted to the City of Carlsbad Fire Depaitment for approval.
• City of Carlsbad permit fees included
• Labor and material bond is included.
Fire Alarm Scope of Work:
• Scope of work included:
o Engineer new drawings and submit to the City of Carlsbad for new permit.
o Provide tools, labor and materials to run new wire in the provided underground conduit system from
the Si mp lex 4001 Conventional Fire Alarm panel out to the new OS& Y location.
o Conduct rough in inspection with the AHJ.
o Install two new OS&Y Tamper Switches and install new bell box and liquid tight conduits between
the two switches to house the new wire and tie new circuit into the existing open zone of the Simplex
4001 conventional FACP.
o Pre-test the new switches.
o Perform final inspection with the AHJ
Page 7 of 10
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Exhibit "A" (continued)
Exclusions:
• Fire Protection Engineer.
• Working in areas with hazardous material, as defined by OSHA.
• Working overtime, afterhours, during holidays, or weekends.
• Any work associated with fire hose cabinets, Knox box, and extinguishers.
• Fire watch if required.
• Relocating or replacing existing system piping/components.
• Draining fire sprinkler system by any other means than what existing conditions allow.
• Upgrades or modifications to the existing overhead fire sprinkler system for the additional pressure loss of the
new RPDA backflow.
• Soil Testing
• Disinfection of fire sprinkler system.
• Repair or replacing landscape.
• Removing or resetting boulders.
• Backflow security cage.
Backflow Bid:
Fire Alarm Bid:
Combined Total:
$53,920.00
$ 5,930.00
$59,850.00
Thank you for the opportunity to provide this quotation. This quote is valid for 30 days and subject to COSCO
Fire Protection's Terms and Conditions.
Sincerely,
~~u3
Mark Kuz CJ
Page 8 of 10
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,, .
EXHIBITC
LABOR AND MATERIALS BOND
Bond No. K40394576
PWM21-1225FAC
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Cosco Fire
Protection, Inc. (hereinafter designated as the "Principal"), a Contract for:
SAFETY CENTER BACKFLOW REPLACEMENT
CONTRACT NO. 4723
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, Cosco Fire Protection, inc., as Principal, (hereinafter designated as the
"Contractor"), and Federal Insurance Company as
Surety, are held firmly bound unto the City of Carlsbad In the sum of fifty-nine thousand eight hundred fifty
dollars ($59,850), said sum being an amount equal to: One hundred percent (100%) of the total amount
payable under the terms of the 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 fall 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 the specifications accompanying the same shall
affect its obligations on this bond, and II does hereby waive notice of any change, extension of time,
alterations or addition to the terms of the contract or to the work or to the specifications.
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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.
SIGNED AND SEALED. this __ 9_t_h ____ day of ____ S_e~p_te_m_be_r ______ , 2020
Cosco Fire Protection, Inc. (SEAL)
A'e/.. l-fcin~~Vl~c6:tl
_F_e_d_e_r_al_l_n_su_r_a_n_ce_C_o_m_,_p_a_n.,_y ___ (SEAL)
(Surety)
By: _11,__,___..,._~~,......_,,..._-By:~
(Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT
CERTIFICATE)
APPROVED AS TO FORM:
CELIA A. BREWER
:~y Attorney ~
Assistant City Attorney
Safety Center Backflow Replacement-Cont. No. 4723 Page 10 of 10 City Attorney Approved 1/25/2019
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' .
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of · Tennessee
County of ______ K_no_x ____ _
}
}
Linda M. Howard , Notary Public On September 9, 2020 before me, --------------------,(,,,.He""re,,.,l""ns""'ertr:n""am"'e,...,a""'nd'"'l""1ile,...,o,,..,lt""he,...,o"'ffi-:-:ce"'"r) ____ _
personally appeared Carolyn E. Wheeler
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State o(,Califomi~}hat
the foregoing paragraph is true and correct. .t ~'?-,.~_. -~?£[·,.,✓
~ ~ ..... STATE •••.'1--p~
~ ✓.• OF \ 0~ WITNESS my hand and official seal. ~ ~TENNESSEE: §
~ \ NOTARY .: ::°
I • ~ \ \ 0 ~ ~·· •• PUBLIC ./ / ~ ' ~CA. ~ . ··~ ' NotaryPubticignat~ ' (Notary Public Seal) "',,.,. Q°""""'"G \\ :,, '
• My Commission Expires: December 20, 2023 1111,,, CO ,,\ ,,, • ii ., I I '!I l'
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should be completed and al/ached lo the document. Acknowledgments
from other stales may be completed for documents being sen/ lo that state so long
as the wording does no/ require /he California notary lo violate California notary
law.
(TiUe or description of attached document)
(TiUe or description of attached document continued)
Number of Pages __ Document Date ___ _
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
0 Other _________ _
2015 Version www.NotaryClasses.com 800-873-9865
• State and County infonnation must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer{s) personally appeared which
must also be the same date the acknowledgment is completed.
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commission followed by a comma and then your title {notary public).
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notarization.
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lle/she/tl!ey, is /&Fe) or circling the correct fonns. Failure to correctly indicate this
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Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area pennits, otherwise complete a different acknowledgment fonn.
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❖ Additional infonnation is not required but could help to ensure this
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❖ Indicate title or type of attached document, number of pages and date.
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DocuSign Envelope ID: A6F21526-1FC4-41E1-8423-2F419CF77C3A
CHUBB .
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents. that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY. a New York corporation, PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the
Commonwealth of Pennsylvania, do each hereby constitute and appoint
Carolyn E. Wheeler
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertaklngs and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on thls 10th day of March, 2020.
STATE OF NEW JERSEY
County of Hunterdon ss.
S1q1hm ~1.11:ml'y. \'icl' l'rc~idl'lll
On this 10th day of March, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and
Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY. WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney,
being by me duly sworn, severally and each for herself and himself did depose and say thatthey are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and
know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and
that their signatures as such officers were duly affixed and subscribed by like authority.
Notarial Seal KATHERINE J. ADELAAR
NOTARY PUBLIC OF NEW JERSEY
No. 2316685
Commission Expires July 16, 2024
CERTIFICATION
Resolutlons adopted by the Boards ofDirectors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December ll, 2006: and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizntions relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Wrirten Comminnent"):
(I) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized to execute any Written CommJtment for and on behalf of the Company, under the
seal of the Company or otherwise.
(2) Each duly appointed attorney-In-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's wrirten appointment as such attorney-in-fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney•
in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or othenvise, such Written Commitments of the
Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the autho1ity to execute, for and on behalf of the Company, under the Company's seal or othenvise, such Written Commitments of the Company as are specified in such
written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The sign.iture of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Comp.iny, may be .iffixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and .iuthority of officers, employees and other persons to act for .ind on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
I. Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney ls true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ. thls September 9, 2020
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATIER. PLEASE CONTACT US AT:
Tele hone (908) 903· 3493 Fa., (908) 903-3656 e-mail: sure •@chubb.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)
POLICY NUMBER GLD1447203 IL Al 4001 (0611)
HDI GLOBAL INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NAMED INSURED ENDORSEMENT
The Named Insured is amended to read as follows:
MX HOLDINGS, US INC.
MINIMAX FIRE SOLUTIONS, INC.
COSCO FIRE PROTECTION, INC.
FLAMEX, INC.
CFP, INC.
Ml.NI MAX CHINA FIRE PROTECTION SYSTEM, INC. LIMITED
FIRETROL PROTECTION SYSTEMS CO.,
CFP FIRE PROTECTION SYSTEMS, INC. DBAARIZONAFIREAND SECURITY
KUSTER, LLC.
FIRE CALL, INC.
FIRETROL PROTECTION SYSTEMS, INC.
FIRETROL PROTECTION SYSTEMS, INC D/B/A ARIZONA FIRE & SECURITY
PREDOMONT SOUND & SIGNAL, INC.
CFP FIRE PROTECTION, INC.
All other terms and conditions remain the same.
THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY
IS WRITTEN.
Page 1 of 1 IL Al 4001 (06 11)
ENDORSEMENT
Policy Number
GLD1447203
HDI Global Insurance Company
Named Insured MX HOLDINGS US, INC.
Agent Name
Agent No.
MARSH USA INC. OF MI {GRAP)
P02082030
This Endorsenent Changes The Policy. Please Read It Carefully.
Effective Date: 01-0 1-2 0
12:01 A.M., Standard Time
BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION
CG 2010 10 01 VERSION
AS PER THE W=llTTEN CONTRACT
(IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS
ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS
ENDORSEMENT.)
A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE
AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT
ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR ONGOING OPERATIONS
PERFORMED FOR THAT INSURED.
B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE
ADDITIONAL INSUREDS, THE FOLLOWING EXCLUSION IS ADDED:
2. EXCLUSIONS
THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE"
OCCURRING AFTER:
(1) ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT
FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN
SERVICE, MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF
THE ADDITIONAL INSURED{$) AT THE SITE OF THE COVERED OPERATIONS HAS
BEEN COMPLETED; OR
(2) THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY
OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR
ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED
IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME
PROJECT.
MAN-GL (01 / 02)
ENDORSEMENT
Policy Number
GLD1447203
HDI Global Insurance Company
Named Insured MX HOLDINGS US, INC. Effective Date: 01-01-2 0
12:01 A.M., Standard Time
Agent Name
Agent No.
MARSH USA INC. OF MI (GRAP)
?02082030
This Endorsenent Changes The Policy. Please Read It Carefully.
BLANKET ADDITIONAL INSURED -OWNERS, LESSEES, OR
CONTRACTORS -COMPLETED OPERATIONS
CG20371001
AS PER THE WRITTEN CONTRACT
(IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS
ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS
ENDORSEMENT.)
SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN INSURED
THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH
RESPECT TO LIABILITY ARISING OUT OF "YOUR WORK" AT THE LOCATION
DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT
PERFORMED FOR THAT INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED
OPERATIONS HAZ-ARD".
MAN-GL (01 / 02)