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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2019-05-30; PWM19-786GSRECORDED REQUESTED BY CITY OF CARLSBAD DOC# 2019-0330225 1111111111;1111111111111111!111111111111111111111111111111111111111111 Aug 07, 2019 11: 17 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, AND WHEN RECORDED PLEASE MAIL TO: SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 PAGES 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 209-050-26-00 1. The undersigned is owner ofthe interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title ofthe undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on July 17, 2019. 6. The name of the contractor for such work or improvement is Seaside Heating & Air Conditioning. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWM19-786GS, Project Name: Safety Center York Chiller Condenser Replacement. 8. The street address of said property is 2560 Orion Way, Carlsbad, CA 92010, in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on 'ZfiJ'j 'a0 , 20Jj_, accepted the above described work as completed and ordered that a N ice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ::Ivy '3 J I 2011, at Carlsbad, California. CITY OF CARLS/~ (~ 1cf BARBARA ENGLESON City Clerk Q:\Public Works\General Services\Agreements & Contracts\Seaside Heating & Air Conditioning\Safety Center\Safety Center York Chiller Condenser Replacement -PWM19-786GS\NOC\2.NOC -Safety Center York Chiller Condenser Replacement -PWM19-786GS.docx CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Seaside Heating & Air Conditioning has completed the contract work required for PWM 19-786GS -Safety Center York Chiller Condenser Replacement. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Remove and replace condenser coils on Safety Center York Chiller. VALUE $32,824 CERTIFICATION OF COMPLETION OF IMPROVEMENTS John Ma ger D~te CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. , City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Q.\Publ,c Works\General Services\Agreements & Contracts\Seaside Heating & A,r Conditioning\Safety Center\Safety Center York Chiller Condenser Replacement -PWM19- 786GSINOC\3.API -Safety Center York Chiller Condenser Replacement -PWM19-786GS.docx PWM19-786GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SAFETY CENTER YORK CHILLER CONDENSER REPLACEMENT; CONT. NO. 4723 This agreement is made on the 31)-lti day of ~/ • 2019, by the City of Carlsbad. California. a municipal corporation. (hereinaftercaUed City"). and Seaside Heating & Air Conditioning. Inc .• a California corporation whose principal place of business is 1359 Rocky Point Drive. Oceanside. CA 92056 (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: Charles Balteria (City Project Manager). WAGE RATES. 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. Safety Center York Chiller Condenser Replacement; Cont. No. 4723 Page 1 of 10 City Attorney Approved 9/27/16 PWM19-786GS 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: Print Name: 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 of not 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. Safety Center York Chiller Condenser Replacement; Cont. No. 4723 Page 2 of 10 City Attorney Approved 9/27/16 PWM19-786GS 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 Seaside Heating & Air Conditioning, Inc. (name of Contractor) 790514 (Contractor's license number) C-20, C-38, C-4 1/31/21 (license class. and exp. date) 1000005586 (DIR registration number) 6/30/19 (DIR registration exp. date) Safety Center York Chiller Condenser Replacement; Cont. No. 4723 Page 3 of 10 1359 Rocky Point Drive (street address) Oceanside, CA 92056 (city/state/zip) 760-643-1100 (telephone no.) 760-842-5642 (fax no.) cb@seasidehvac.com ( e-mail address) City Attorney Approved 9/27/16 PWM19-786GS 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 SEASIDE HEATING & AIR CONDITIONING, INC., a California cC•<e.O!.llu'""-\, By: iJi" rY\fY\l e., :::;lay Sebring / President, Secretary (print name/title) By: ~) = 6-_..e...__-- (sign here) Charles Balcar / CFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Paz Go_91ez, Deputy Ci;W'Mapager, Public Works,as authorized ~ity Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f....s! 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 .-. 'l BY: __ _..:::::=~~C>....</'.:..__ Safety Center York Chiller Condenser Replacement; Cont. No. 4723 Page 4 of 10 City Attorney Approved 9/27/16 PWM19-786GS 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 ,4-I C ir--.::.--1!,1'-< /,:,o,",;7 ;;.q yj"'-tf' 79 S 3-r-'- """;,;:,: ·o 0 '? I 3'' f ;,-o;u; I/,, I "'/~ Total % Subcontracted: _ _,_~r~ •-~--- The Contractor must perform no less than fifty percent (50%) of the work with its own forces Safety Center York Chiller Condenser Replacement; Cont. No. 4723 Page 5 of 10 City Attorney Approved 9/27/16 PWM19-786GS EXHIBIT B Safety Center York Chiller Condenser Replacement Contractor to provide all tools, materials and labor to remove and replace four ( 4) condenser coils P# CC-38-2-48-96-15-12-14158 on the York chiller at the Safety Center, 2560 Orion Way, Carlsbad CA, 92010. Scope of Work shall consist of all items mentioned in the contractor's proposal dated April 4, 2019 and is attached to this document as Exhibit "D" and Exhibit "E". Notes: • Contractor to remove and dispose and recycle all replaced equipment. • Contractor to test and verify operation of system. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Safety Center York Chiller Condenser Coil Replacement $32,824 TOTAL* $32,824 *Includes taxes, fees, expenses and all other costs. Safety Center York Chiller Condenser Replacement; Cont. No. 4 723 Page 6 of 10 City Attorney Approved 9/27/16 l Bond #682260P Premium is for contract term and Premium $821.00 PWM19-786GS is subject to adjustment based on final contract price EXHIBITC LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Seaside Heating & Air Conditioning, Inc., (hereinafter designated as the "Principal"), a Contract for: SAFETY CENTER YORK CHILLER CONDENSER 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 perfonmance 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, SEASIDE HEATING & AIR CONDITIONING, INC., as Principal, (hereinafter designated as the "Contractor"), and _l_nd_e_m_n_it.,_y_C_o_m...cp_a_n,._y_of_C_a ___ l __ ifo_r __ ni ___ a _____________ _ ________________ as Surety, are held finmly bound unto the City of Carlsbad in the sum ofTHIRTY TWO THOUSAND EIGHT HUNDRED TWENTY FOUR Dollars ($32,824), 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, finmly 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, orteams used in, upon, for, oraboutthe perfonmance 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 lei 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 it 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. Safety Center York Chiller Condenser Replacement; Cont. No. 4723 Page 7 of 10 City Attorney Approved 9/27/16 PWM19-786GS 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. ,1 =f'iY"l Executed by CONTRACTOR this --'''-i rti'--• ___ _ day of __ i_'"'..:.'-_G_.M"..:.~------~ 20 __ . CONTRACTOR: SEASIDE HEATING & AIR CONDITIONING, INC. (name of Contractor) - <~ By: ___ ...c""'-..!E::=------------ ,:;. ~gnhere) J ; ,,,,_ ...,, ·c... 5e. b r; v,,7 (print name here) ./~7 .,.,-=; By: __ _:;_• -__ f_(~'"_;c:',,~~--~::::::1::-z-::::::====---- (sign here) / 'i< / Y "'e9> ;=" "'"""' u· '"= @-,p,- (print name here) (title and organization of signatory) Executed by SURETY this _..s8ceth-'------day of _____ M_a_y ______ ~ 20~. SURETY: Indemnity Company of California (name of Surety) 17771 Cowan, Suite 100 Irvine CA 92614 (address of Surety) 800-782-1546 By: (telephone number of Surety) Lr?$~ (signature of Attorney-in-Fact) Steven R. Bonilla, Attorney-In-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney r I) ~ By: I.__ __,.'<_ ,,-, Deputy City Attorney p Safety Center York Chiller Condenser Replacement; Cont. No. 4723 Page 8 of 10 City Attorney Approved 9/27/16 CALIFORNIA ALL-PURPOSE 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 CALIFORNIA County of San Diego } On May 8th, 2019 before me, L. Hahn , Notary Public, ---~-~-----='-'-'-=~~-~--~~---~~~~--0 ate !nsert Name of Notary exactly as it appears on the official seal personally appeared STEVEN R. BONILLA My Comm. Expires Sep 5, 2021 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is/= subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capacity(ill§), and that by his/~ signature~) on the instrumenfllie person(i,), or the entity upon behalf of which the person(~ acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Though the information below is not required by lawd it may prove valuable to persons relying on the document and could prevent fraudulent removal an reattachment of the form to another document. Description of Attached Document Title or Type of Document: _______________________________ _ Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer-Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual □ Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: **"Ted Collins, Leslie Hahn, Jennifer Palmer, Steven R. Bonilla, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Faci full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY ANO INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any t-vo of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey{s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby ls, authorlzed to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. !N WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By~~ Daniel Young, Senior Vice-President By~-«2 Mark Lansden, Vice-President 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 California County of Orange On ----~F~•~br~u•~rv~6~2~0~17~ ____ before me, ------------~L,-,u~ci"clle~R~a,,,y"m~o~nde,,,'cN"'ot,,a:-,rv-'P-cu~bl,,ic~------------- Oate Here Insert Name and1iHe ofihe Officer personally appeared ~-----------------~D~•~n=i•~I ~~o=""=•~n=d~M=•=rk~L=•=ns~d=o~n-------------------~ Place Notary Seal Above Name(s) ofSigner{s) 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 of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in ful! force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of INine, California, this 8th day of May , 2019 ATS-1002 (02117) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 California County of > lb) Q 1£&,o before me, ~M~·-ll:!_!fl'}-£/_~-~~C'_-_k~N~l./~O_S•_N_,,,~rJ-~ __ ·IZ-J~_f{;_c/15<_L_l_c._ On M""'=f / CJ 1 Z<> 11 Date Here Insert Name and Title of the Officer personally appeared ----~~/.ftiR._~=L=U,~~D~N~fl<n~iJ~t-~~8~A~L.C;:J--{C~~-------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person_(g)' whose nam'lfs) is/ere subscribed to the within instrument and acknowledged to me that he,lshe/they executed the same in his/hs~itheir authorized capacityfie,.), and that by his/her/their signaturajsl on the instrument the perso~), or the entity upon behalf of which the person(s) acted, executed the instrument. • MICHAEL C. KNUDSON ' Commission# 2139354 < Notary Public • Calltornia i i San Diego County . !: ), e a e o .MJ S0TT·JXJir:sftb J•.2i2il Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rny hand and official seal. Signature [l~ C,~ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 California County of San Diego before me, M Miller, Notary Public (insert name and title of the officer) ,-r· personally appeared _ _.:,,..,_,l-'-lLl!.m,_,_,_1-<..-'=----"''-""'.!..l.!L!.-'-'~-------------- who proved to me on the basis of satisfactory evidence to 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature--~'------'------'=-----'--------(Seai) 1359 Rocky Point Dr. Oceanside, CA 92056 I Phone# II Fax# I 760-643-1 loo II 760-842-5642 I Lie. #790514 City of Carlsbad Facilities 405 Oak Ave Carlsbad. CA 92008 A TIN: Facilities Division EXHIBITD Job location Safety Center 2560 Orion Way Carlsbad, CA 92008 us Description York Chiller has corroded condenser coils. Reco0'l01end replacement of coils before summer. Proposal to replace (4) condenser coils in York Chiller M#YCAL0104F.R46XCASB S#RDRM0142E7 Scope ofwork includes corrosion protection coating. bra.zing, pressure test v,ith nitrogen, refrigerant, disposal. crane. labor and tax. Coil P# CC-38-2-48-96-15-12-14158 (4) CONDENSER SLAB J-leight = 48 Lcmgth = 144 Depth =2.598 Row= 3 FPl = 13 Fin Material= ALUMlNUM fin Thickoess = 0.0060 Tube Size= 3/8 Tube Thickness= 0.020 Tube Material= COPPER c~ing Material = GALVANIZED Casing Gage= 16 Casing Depth= 4 Ca~ing Flang Si:lC = 1.50 Bracket= Yes Bracket Flang Size= .75 # OfManifolds = 2 Manifold Si:;,:e = 1 5/8 # Of Connections"" :2 Connections Size= 1 3/8 Connections Type=SVlT# Of Distributors= 0 Cap Tube Size=# Of F'ccds or Circuits= 36 Packing Type= FULL CRATE# Of Support= 2 Sales Approximate Weig:ht Per Coil= 712 LBS Labor $4.200 Materials $25,624.00 Crane $500 Bond $2.500 PURCHASER'S ACCEPTANCE: By: Safety Center York Chiller Condenser Replacement -Cont. No. 4723 Date: Page 9 of 10 PWM19-786GS Proposal Date Proposal# 4/4/2019 3906 Rep CB Total 32.824.00 ~YORK® EXHIBITE Materials AIR-COOLED CONDENSING UNIT HERMETIC SCROLL PWM19-786GS RENEWAL PARTS Supercedes: 150.64-RP1 {904) I Form: 150.64-RP1 (1105) ~"'"'LS YCAL0090, 0094, 0104, 0114, 0124 and YCAL0134 STYLE "C" , ...... , .. ~::·•·· .. .•.. I QI SUILDINGS ALLY Safety Center York Chiller Condenser Replacement -Cont. No. 4723 90-135 TON 270-457Kw 60 Hz Page 10 of 10 200--3-60 230-3-60 315-3-60 460-3-60 575-3-60 MODELS ONLY CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Wood Gutmann &Bogart Insurance BrokersLicense#067926315901RedHillAve.,Suite 100TustinCA92780 Rachelle Williams 714-824-8349 714-573-1770 rwilliams@wgbib.com Middlesex Insurance Company 23434 SEASI-1 Insurance Company of the West 27847SeasideHeating&Air Conditioning,Inc.1359 Rocky Point Dr.Oceanside CA 92056-5864 193656203 A X 1,000,000 500,000 X 1,000,000 3,000,000 2,000,000 A0112596004 9/18/2018 9/18/2019 X 5,000 A 1,000,000 X X X X Comp$500Ded X Coll $500Ded A0112596004 9/18/2018 9/18/2019 A X X 3,000,000 X NIL A0112596004 9/18/2018 9/18/2019 B Y WSD502592005 3/1/2019 3/1/2020 1,000,000 1,000,000 1,000,000 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 3/5/2019 X RE:Dove Library HVAC Actuator and Valve Replacement,BID NO.PWS18-101TRAN,PROJECT NO.4030 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services is named as additional insured on the General Liability per attached CG 20 10 04 13 andCG20370413andAutopertheattachedCG20481013.Waiver of Subrogation applies to the General Liability per attached CA 24 04 05 09,on the AutoperattachedCA04441013andtheWorkersCompensationperattachedWC990634. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 Page 1 of 1CG 20 37 04 13 09/14/2018A0112596 Middlesex Insurance Company © Insurance Services Office, Inc., 2012 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE CG 20 37 04 13 Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Jobsites as described in contracts. Codes per the General Liability Declaration Page A0112596004 00001 0000000000 18257 0 N1 20ea0047-333c-4159-83d5-a46983646cd020ea0047-333c-4159-83d5-a46983646cd0 0027020044346714803492056586459 Page 1 of 1CA 20 48 10 13 09/14/2018A0112596 Middlesex Insurance Company POLICY NUMBER: Named Insured: Endorsement Effective Date: SCHEDULE Name of Person(s) or Organization(s): © Insurance Services Office, Inc., 2011 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Seaside Heating & Air Conditioning Inc Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. A0112596001 09/18/2018 00001 0000000000 18257 0 N1 aae0f1ce-f6a8-42d9-8fad-dc231d1a54e3aae0f1ce-f6a8-42d9-8fad-dc231d1a54e3 0027020044346714803992056586459 Named Insured: Endorsement Effective Date: Name(s) Of Person(s) Or Organization(s): COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. POLICY NUMBER: A0112596001 SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2011 Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage Seaside Heating & Air Conditioning Inc 09/18/2018 Page 1 of 1CA 04 44 10 13 09/14/2018A0112596 Middlesex Insurance Company 00001 0000000000 18257 0 N1 434ad744-f868-45ac-895a-3ab7d1052de1434ad744-f868-45ac-895a-3ab7d1052de1 0027020044346714803992056586459 Page 1 of 2CG 20 10 04 13 09/14/2018A0112596 Middlesex Insurance Company © Insurance Services Office, Inc., 2012 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG 20 10 04 13 Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage Where required by written contract executed prior to loss Description: Codes per the General Liability Declaration Page. A0112596004 00001 0000000000 18257 0 N1 68d95a5b-e88d-4932-acab-33f0965555c068d95a5b-e88d-4932-acab-33f0965555c0 0027020044346714803692056586459 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 CG 20 10 04 13Page 2 of 2 09/14/2018A0112596 Middlesex Insurance Company Page 1 of 1CG 24 04 05 09 09/14/2018A0112596 Middlesex Insurance Company © Insurance Services Office, Inc., 2008 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A0112596004 Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. 00001 0000000000 18257 0 N1 d140c973-0dee-41b9-818d-e1ed0308ff8fd140c973-0dee-41b9-818d-e1ed0308ff8f 0027020044346714803692056586459