HomeMy WebLinkAboutVariable Speed Solutions Inc; 2017-06-06; PWM17-82GSRECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
DOC# 2017-0497839
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Oct 25, 2017 04:35 PM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00
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 of the interest or estate stated below in the property hereinafter described.
2. The full names of the undersigned are City of Carlsbad, a municipal corporation and Carlsbad
Municipal Water District (CMWD), a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work or improvement on the property hereinafter described was completed on Oct. 5, 2017.
6. The name of the contractor for such work or improvement is Variable Speed Solutions, Inc.
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: Variable Speed Drives Installation,
Project No. PWM17-82GS.
8. The street address of said property is Safety Training Center, 5750 Orion Street, Carlsbad, CA
92010-7201.
CITY OF CARLSBAD / CMWD
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 CarfS{:>ad Yillaae Drive, Carls~aJ California,
92008; the City/Executive Manager of said City on /Y CT, ,/ ·7 __ , 20 ' , accepted
the above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 9 d' :;t3, 20!.J_, at Carlsbad, California.
C1Y OF CARLSBAD/CMWD
Ci L ,._______,/, \..__7'B-1c,A-=R"-B._AL..JR'-"'A"'"'E'-N=G=L+.E+S_,01--1--+-=:c..L-t'--L...!:C....:....1" l)n-r._
City Clerk
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CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
Variable Speed Solutions, Inc., has completed the contract work required for Project No.
PWM17-82GS, Variable Speed Drives Installation at the Carlsbad Safety Training Center, 5750
Orion Street, Carlsbad, CA 92010. City forces have inspected the work and found it to be
satisfactory. The work consisted of:
IMPROVEMENTS
(Specify if City or CMWD)
Variable Speed Drives Installation (City)
VALUE
$37,660.00
CERTIFICATION OF COMPLETION OF IMPROVEMENTS
EngineiZ~~\\ Date
CITY MANAGER'S/EXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described contract is deemed complete and hereby accepted.
The City Clerk or Secretary to the Board of Directors 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 and Carlsbad Municipal Water District are hereby directed to commence
maintaining the above described improvements.
Kevin Cr Date 7
APPROVED AS TO FORM:
CELIA BREWER, City Attorney
By: rtb~
Deputy City Attorney
C:\Users~gowe\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4ZW426LLICIP API PWM17-82GS (Variable Speed Solutions).doc
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
VARIABLE SPEED DRIVES INSTALLATION
PWM17-82GS
This agreement is made on the &th day of 3\..)yJ e._, , 2017, by the City
of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Variable Speed Solutions,
Inc., a California corporation whose principal place of business is 16182 Gothard, Unit I, Huntington Beach,
CA 92647 (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: Jason Kennedy
(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.
VARIABLE SPEED DRIVES INSTALLATION Page 1 of 10 City Attorney Approved 9/27/16
PWM17-82GS
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 t ontractor may be prevented from further bidding on
public contracts for a period of up to five year an that de rment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contrac r. or from parti · ating 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.
VARIABLE SPEED DRIVES INSTALLATION Page 2 of 10 City Attorney Approved 9/27/16
PWM17-82GS
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 fourteen (14) working days after receipt of Notice
to Proceed.
CONTRACTOR'S INFORMATION.
Ill
Ill
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Variable Speed Solutions, Inc.,
(name of Contractor)
665995
(Contractor's license number)
C-10 I C-20-5/31/2018
(license class. and exp. date)
1000007100
(DIR registration number)
6/30/2017
(DIR registration exp. date)
VARIABLE SPEED DRIVES INSTALLATION Page 3 of 10
16182 Gothard Unit I
(street address)
Huntington Beach, CA 92647
(city/state/zip)
714-84 7-5957
(telephone no.)
714-847-5958
(fax no.)
joe@variablespeedsolutions.com
(e-mail address)
City Attorney Approved 9/27/16
PWM17-82GS
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.
(print name/title)
CITY OF CARLSBAD, a municipal corporation
of the State of California
By ~'r7
1CJ J)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!tE.
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
~ r----., BY:~~~()
Deputy City Attorney
VARIABLE SPEED DRIVES INSTALLATION Page 4 of 10 City Attorney Approved 9/27/16
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 ORANGE
On t\QQ.c.U q '']__ (l)\""J.. before me, ZACHARY ALEXANDER WILLIAMS, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared J3,\L-r::Q ~ ?Av \.._cj\-'£0" ,
who proved to me on the basis of satisfactory evidence to be the person( :f) whose name(f) is/ate.
subscribed to the within instrument and acknowledged to me that he/sblil:they executed the same in
his/ber~l=leir authorized capacity(ies), and that by his/Rilflltf:leir signature~ on the instrument the
person(.r, or the entity upon behalf of which the perso~ 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.
PWM17-82GS
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
}Jo"' E..
Total % Subcontracted: ------
The Contractor must perform no less than fifty percent (50%) of the work with its own forces
VARIABLE SPEED DRIVES INSTALLATION Page 5 of 10 City Attorney Approved 9/27/16
PWM17-82GS
EXHIBIT B
SCOPE OF WORK
PURPOSE: This project will encompass the installation of variable speed drives on all roof mounted supply
and exhaust systems which provide ventilation to the indoor firearms ranges at the Safety Training Center.
The current supply and exhaust fan systems are an open loop design, pulling air from the outside and
drawing the same air down the surface area of the ranges until it passes through a three stage filtration
system before exiting the facility. The fans are powered on and off using timer switches located inside the
range control room. The installation of variable speed drives will extend the service life of fan motors and
reduce overall energy consumption when the ventilation systems are in use.
During firearms training events, the firearms range ventilation systems are not left running for extended
periods of time. The ventilations systems are cycled on while shooting operations are in progress and
cycled off when shooting operations are complete. This established procedure conserves air filter life,
reduces energy costs and more importantly reduces the amount of hazardous materials generated by
firearms range operations. However, this cycling on and off procedure can degrade components on the
fan motors over a period of time. The current system does not have controls to regulate the amount of
energy or torque applied to the motor assemblies at startup. Once a ventilation system is started, the full
horse power of the motor starts immediately, applying significant forces to the motor and components,
creating hard starts and stops on the entire ventilation system.
Variable speed drives are electronic devices that regulate the rotational force and torque output of electric
driven motor assemblies. Speed drives control the amount of electricity (energy) allowing for the regulation
of torque and rotations per minute once a motor is cycled on. These controls can be set to allow the electric
motors to start up and shut down slowly, decreasing the amount of stress on the motor components and
shaft, particularly bearing assemblies. By regulating the amount of energy during startup and shutdown,
there will be a reduction in energy consumption as speed drives are programmed to only provide the
necessary energy for the motor to slowly ramp up to full rotations per minute. Speed drives can be
programmed to run the motor assemblies at peak performance eliminating hard starts and stops currently
off the fan assemblies.
TASK #1: Provide necessary equipment, tools and labor for the installation of nine (9) 460V Danfoss FC202
(or equivalent) series variable speed drives to firearms range supply and exhaust fans located at the
Carlsbad Safety Training Center, 5750 Orion Street, Carlsbad, CA 92010. Variable speed drives to be
installed per the locations and motor specifications listed below (reference Exhibit D or Drawing No. 463-1,
Project No. 3686 for equipment schedules):
• EF S1-6, 25 Yard Range Exhaust Fan (20 HP).
• EF S1-8, 25 Yard Range Exhaust Fan (40 HP).
• EF S1-9, 100 Yard Range Exhaust Fan (10 HP).
• EF S1-10, 100 Yard Range Exhaust Fan (25 HP).
• SF S1-1, 25 Yard Range Supply Fan (5 HP).
• SF S1-2, 25 Yard Range Supply Fan (5 HP).
• SF S1-3, 25 Yard Range Supply Fan (5 HP).
• SF S1-4, 100 Yard Range Supply Fan (5 HP).
• SF S1-5, 100 Yard Range Supply Fan (5 HP).
1. Variable speed drives to be installed into NEMA Type 4X enclosures constructed for either indoor or
outdoor use to provide a degree of protection to personnel against access to hazardous parts; to provide a
degree of protection of the equipment inside the enclosure against ingress of solid foreign objects
(windblown dust); to provide a degree of protection with respect to harmful effects on the equipment due to
the ingress of water (rain, sleet, snow, splashing water, and hose directed water); that provides an additional
level of protection against corrosion; and that will be undamaged by the external formation of ice on the
enclosure.
VARIABLE SPEED DRIVES INSTALLATION Page 6 of 10 City Attorney Approved 9/27/16
PWM17-82GS
2. Variable speed drives and ancillary electrical components will have conformal coated circuit boards for
corrosion protection.
3. Fabricate galvanized uni-strut rack system (covered) to house NEMA Type 4X enclosures and circuit
boards. Rack will be freestanding or attached to steel architectural structure in a manner that keeps
component at or below the parapet walls. Assemblies will not be mechanically attached to roof. Weighted
ballast can be used to hold systems in place as long as walk pads are placed between any added
infrastructure and the surface of the roof.
4. All conduit will be sealed with walk pads placed between any supports that may make contact with the
roof surface. Conduit runs will be placed alongside existing runs of conduit if practical.
5. Provide wiring and load diagrams to the City Project Manager. Provide a detailed test report to the City
Project Manager documenting the calibration and startup of each system.
6. Provide one (1) year warranty to covering time, labor and materials for any issues that may arise from
installation and break-in of the variable speed drives.
7. Provide City with the manufacturer warranty (Danfoss) that covers cost of damages from lightning
strikes, line anomalies, load anomalies, accidental exposure to moisture, corrosives or accidental physical
damages. City will be responsible for contracting service provider who can provide onsite warranty service
under the manufacturer warranty. Warranty should specify coverage for replacement drive parts, labor for
repairs, technician travel expenses and freight costs. This warranty will cover a six (6) year period effective
from the date of installation.
Task #1 Lump Sum Total: ......................................................................... $33,610.00
TASK #2: Provide necessary equipment, tools and labor for the installation of one (1) split ring shaft
grounding assembly to the motor shaft bearings on EF S1-1 0, 100 Yard Range Exhaust Fan (Regal Beloit
25 HP motor, Serial No. C0377340-02/03-04).
Task #2 Lump Sum Total: ......................................................................... $850.00
Project Notes:
1. Contractor responsible for lock out and tag out procedures.
2. Work sites shall be kept free of all waste and trash accumulated during the project.
3. Contractor responsible for site safety, maintenance, cleanup and disposal of hazardous materials.
4. All work will require scheduling with the Facility Manager to ensure no conflicts with scheduled training
events.
5. Pricing includes prevailing wages.
6. Contractor will provide Safety Data Sheets on required materials (if applicable).
7. Provide factory warranty information to the City Project Manager at project completion.
8. City will provide one (1) set of drawings depicting electrical schedules (Drawing No. 463-1 ).
VARIABLE SPEED DRIVES INSTALLATION Page 7 of 10 City Attorney Approved 9/27/16
PWM17-82GS
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION PRICE NO.
Task #1: Installation and testing of nine (9) variable speed
1 LS 1 drives at existing firearms range supply and exhaust fan $33,610.00
assemblies.
TASK #2: Installation of two (2) split ring shaft grounding
2 LS 1 assemblies to the motor shaft bearings on EF S 1-1 0, 100 $850.00
yard range exhaust and EF S1-6, 25 yard range exhaust.
3 LS 1 Administrative fees and project contingency. $1,500.00
TOTAL* ......
VARIABLE SPEED DRIVES INSTALLATION Page 8 of 10 City Attorney Approved 9/27/16
Bond# 71889955
PWM17-82GS
EXHIBITC
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad. State of CaUfomla, has awarded to Variable Speed
Solutions, Inc., (hereinafter designated as the "Principal"), a Contract for:
VARIABLE SPEED DRIVE INSTALLATION
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 Carts bad 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 ot 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. VARIABLE SPEED SOLUTIONS, INC., as Principal. (hereinafter designated as
the •Contractor"), and WESTERN SURETY COMPANY as
Surety, are held fsrmly bound unto the City of Carlsbad in the sum of THIRTY FIVE THOUSAND NINE
HUNDRED SIXTY Dollars ($35,960). 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 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
Califomia 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 wH! 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 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.
Ill
Ill
/II
Ill
VARIABLE SPEED DRIVES INSTALLATION Page 9 of 10 City Attorney Approved 9/27116
PWM17-82GS
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.
Executed by CONTRACTOR this l2.. '\n
day
of -'---"~c...:....::o."""'t,._ ___ _.. 20~
CO~TRACTOR:
Executed by SURETY this __ I_I_th ___ day
of May 1 20_!2_.
SURETY:
WESTERN SURETY COMPANY
(name of Surety)
333 S. Wabash Ave., 41st Fl., Chicago, IL 60604
(address of Surety)
605-336-0850
(telephone number of Surety}
By:
(printed name of Attomey-in-Fact)
(attach corporate resolution showfng current power of
attomey)
(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 Attome~ / _ _
By:~
Deputy City Attorney
VARIABLE SPEED DRIVES INSTALLATION Page 10 of 10 City Attomey Approved 9/27/16
ACKNOWLEDGMENT OF PRINCIPAL
(Individual)
State of }
County of __________ ss
On this day of , before me personally appeared
-------------------------,known to me to be the individual described
in and who executed the foregoing instrument and acknowleged to me that he/she executed the same.
In Witness Whereof, I have hereunto set my hand and official seal.
My commission expires
ACKNOWLEDGMENT OF PRINCIPAL
(Firm)
State of }
County of __________ ss
Notary Public
On this ______ day of __________ _ _ ____ , before me personally appeared
____________________________ , known to me to be one of the firm of
------------------------------described in and who executed
the foregoing instrument, and he/she thereupon duly acknowledged to me that he/she executed the same as
and for the act and deed of said firm.
In Witness Whereof, I have hereunto set my hand and official seal.
My commission expires
State of C. f>. ~._, T .fo '<2. lJ "I-},
County of 0 ~ A t-.3 G...f
ACKNOWLEDGMENT OF PRINCIPAL
(Corporation)
Notary Public
On this \ ~ day of \--4 A ~ '1...{) \ + , before me, a notary public, the
undersigned officer, personally appeared B ~T A ~\J ~A \1 L O.f{ who
acknow leged himselflheMelf to be the ~ ~ t J: .Of~\ of V A e.-"LA~ L..f S (' t.f D
_S_O-'------"\..'-U=------:T'!:---=----=O:__:_~::.cj~--------------, a corporation, and that he/s~ as such officer being
authorized so to do executed the foregoing instrument for the purposes therein contained by signing the
name of the corporation by himself/herself as such officer.
In Witness Whereof, I have hereunto set my hand and official seal. Joao
0 0 0 0 0 ;o::::~E;~f~:3:1· *l
~ • ·• Notary Public -California ~
z Orange County -
My commission expires /1// J.::: M c E 1 o t 8 2019 t
OCf Olil & ~ i' '1..-o l 'l pZ ee L '!':· '!E 'F'u 3o "ee A
Notary Public Form F4638-9-2013
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 Orange
~(\'1..-( 1-:z.. Kyra Serrao, Notary Public On __ ..:.__c _ __,_...:...__,__-, ____ before me,----------------------
Date Here Insert Name and Title of the Officer
personally appeared --~-~--'--_t-J __ P_A_V_L_D_-f_f.:..__ ___________ _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person{'W' whose name~ is/a~·
subscribed to the within instrument and acknowledged to me that he/sl:(,/tt'tqy executed the same in his/h~th~r authorized capacity(~. and that by his~/t~ir signature{W'on the instrument the perso~).
or the entity upon behalf of which the person~ acted, executed the instrument.
Place Notary Seal Above
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.
----------------------------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: -----------------------
STATE OF SOUTH DAKOTA }
COUNTY OF MINNEHAHA
ss
ACKNOWLEDGMENT OF SURETY
(Corporate Officer)
Onthis __ -=l=l~t=h~_ dayof ______________ ~M=a~---------------------'2=-=-0-=1'--'7 ____ , before me, a Notary Public in
and for said County, personally appeared C. Langdon Assistant Secretary
personally known to me, who being by me duly sworn, did say that he/she is the aforesaid officer of WESTERN SURETY
COMPANY, a corporation duly organized and existing under the laws ofthe State of South Dakota, that the seal affixed
to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and
executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said
instrument and the execution thereof to be the voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last
above written.
My commission expires:
t"t.,..~'+,-, . ..,.,.A ....... A"'I' w'tC....t
J J.MOHR f $~NOTARY PUBLIC~! f~SOUTH DAKOTA~ § My Commission Expires 06-23-2021 i + ... -.............. -.----.. +
Form F11692
Notary Public
Western Surety Company
POWER OF ATTORNEY-CERTIFIED COPY
Bond No. __ ....:.7-=1:..::8:..::8::..:9::..:9::..:5:::.c5:::..._ __ ~
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"}, does by these presents
make, constitute and appoint ------'~---'-.I.CI.J~~..l.U~-------------'------------------
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Variable Speed Solutions, Inc_
Obligee: City of Carlsbad
Amount: $1,000,000_00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of ___ M'-""a,.y...._,.,2-'-7 __ _
2 0 17 , but until such time shall be irrevocable and in full force and effect.
f, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and
ed this 11th day of May 2017
}~
On this day of May , in the year 2 017 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERr:t SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. s ....................................................... t q '--vV'1
~ J.MOHR ~ ~
~~NOTARY PUBL.IC~~ Notary Public-South Dakota s~SOUTH DAKOTA~s s s + ............................................................ .
My Commission Expires June 23, 2021
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this ___ __,1"-'l=t:=.h"'---------day of
May 2017
To validate bond authenticity, go to www.cnasurety.com >Owner/Obligee Services> Validate Bond Coverage.
Form F5306-1-2016
Exhibit “D”