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HomeMy WebLinkAboutVaughans Industrial Repair Co Inc; 2017-08-07; PWM18-13UTILTracking#: PWM18-13UTIL CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT REPAIR 500 HP US ELECTRIC MOTOR FOR ENCINA VERTICAL PUMP AND REBUILD THREE VALMATIC VALVE DAMPENER CONTROLS This agreement is made on the C}-JiJ day of ~ , 2017, by the Carlsbad Municipal Water District, a Public Agency organized undereMunicipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and Vaughan's Industrial Repair Co., Inc., a California corporation, whose principal place of business is 16224 Garfield Ave., Paramount, CA 90723 (hereinafter called "Contractor"). CMWD 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: Eric Sanders (CMWD 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 CMWD'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. REPAIR 500HP US ELECTRICAL MOTOR FOR ENCINA VERTICAL PUMP Page 1 of 6 General Counsel Approved 9/27/16 Tracking#: PWM18-13UTIL 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. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to CMWD 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 CMWD to disqualify the Contractor or subcontractor from icipating in contract bidding. --~ Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to CMWD, 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 CMWD 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 CMWD prior to such cancellation. The policies shall name CMWD as additional insured. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. REPAIR 500HP US ELECTRICAL MOTOR FOR ENCINA VERTICAL PUMP Page 2 of 6 General Counsel Approved 9/27/16 Tracking#: PWM18-13UTIL WORKERS COMPENSATION AND EMPLOYER'S LIABILITY. Worker's Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless CMWD and the City of Carlsbad, and its officers, officials, employees and volunteers, 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 CMWD or City of Carlsbad. 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Vaughan's Industrial Repair Co., Inc. (name of Contractor) 535078 (Contractor's license number) C61/D21-Machinery & Pumps Exp. 7131118 (license class. and exp. date) 1000013667 (DIR registration number) 613012018 (DIR registration exp. date) REPAIR 500HP US ELECTRICAL MOTOR FOR ENCINA VERTICAL PUMP Page 3 of 6 16224 Garfield Ave (street address) Paramount, CA 90723 (city/state/zip) 562-633-2660 (telephone no. ) 562-633-1504 (fax no.) jack@virc1.com (e-mail address) General Counsel Approved 9127/16 Tracking#: PWM18-13UTIL 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 Vaughan's Industrial Repair Co. Inc, a ~~oration b-1/ ~i.i~~ #;v-€' IV 7* "'~/Ill~ I( /? (print name/title) By: (sign here) CARLSBAD MUNICIPAL WATER DISTRICT By: Elaine Lukey/Publig s Director as authorized by the xecutive Manager ~2~/ ;fff-?K:= j),,0/ fowfo.,,, /4-~'lf...s~~~,z,, (print name/title) If required by CMWD, proper notarial acknowledgment of execution by Contractor must be attached. !!.§. corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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, General Counsel BY:_,-....,.rz,k~C??-(A_~~-~~ Deputy General Counsel REPAIR 500HP US ELECTRICAL MOTOR FOR ENCINA VERTICAL PUMP Page 4 of 6 General Counsel Approved 9/27/16 Tracking#: PWM18-13UTIL 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 LESS THAN 10% BOB'S CRANE SERVICE 1000008257 971800 (C61-D21) EXP 4/30/18 9% 12101 CA-67, LAKESIDE, CA 92040 Total% Subcontracted: __ 9_¾ ___ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. REPAIR 500HP US ELECTRICAL MOTOR FOR ENCINA VERTICAL PUMP Page 5 of 6 General Counsel Approved 9/27/16 Tracking#: PWM18-13UTIL ITEM UNIT QTY NO. 1 Ea 1 2 Ea 1 3 Ea 1 4 Ea 1 EXHIBIT B JOB QUOTATION DESCRIPTION Materials for the repair of the S00hp motor for Encina vertical pump per the quote dated July 10, 2017 (Exhibit C) Labor for the repair of the S00hp motor for Encina vertical pump per the quote dated July 10, 2017 (Exhibit C) Material for the rebuilding of three (3) valve dampener controls for Encina vertical pump per the quote dated July 10, 2017 {Exhibit C) Labor for the rebuilding of three (3) valve dampener controls per the quote dated July 10, 20147 (Exhibit C) TOTAL* *Includes taxes, fees, expenses and all other costs. PRICE $3,110.74 $10,610.00 $1,596.86 $9,432.00 $24,749.60 REPAIR 500HP US ELECTRICAL MOTOR FOR ENCINA VERTICAL PUMP Page 6 of 6 General Counsel Approved 9/27/16 . I I Vaughan's Industrial Repair Co., Inc. I Ph. (562) 633-2660 Mailing Address: P.O. Box 1898 Paramount, CA 90723-1898 City of Carlsbad, Public Works 5950 El Camino Real Carlsbad, CA 92008 July 10, 2017 Attn: Mike Devine I Ray Martinez Fax. (562) 633-1504 Street Address: 16224 Garfield Ave. Paramount, CA 90723 Exhibit C RE: Repair of 500 HP US Electric Motor for Encina Vertical Pump and Rebuild of (3) Valmatic Valve Dampener Controls Dear Mike / Ray, The following is our quotation to remove, repair and install above referenced equipment. Scope of work -Motor Repair: * 1. VIRC personnel will arrive on site and verify proper isolation of equipment. 2. Complete uncoupling of motor from pump. 3. Remove motor and transport to VIRC repair center. 4. Disassemble and inspect motor. 5. Clean, dip, re-insulate and bake stator. 6. Clean, test, re-insulate, and dynamically balance rotor. 7. Supply (2) new thrust and (1) radial bearing, gaskets, o-rings and misc. parts. 8. Replace thermistors, assemble test and paint motor. 9. Deliver to site, install motor, couple to pump, set lift, set seal and test run. Scope of work -Valve Dampener Control: * 1. VIRC field serviceman will work with Carlsbad personnel to remove actuator. 2. Load in our truck and transport to VIRC repair facility. 3. Disassemble, clean and inspect. 4. Clean and test existing cushion control valves. 5. Replace all piston and rod seals, o-rings, gaskets and hydraulic hoses. 6. Assemble, test operation and deliver to site. 7. VIRC field serviceman will work with Carlsbad personnel to install/calibrate actuator. 8. Perform same repairs to (2) additional valve dampeners. *VIRC will provide crane and transportation services for motor repair. Carlsbad will provide truck crane to assist with removal/installation of valve dampener control. I I I I -I I I 'I' Vaughan's Industrial Repair Co., Inc. ~ -I I I •1 I I I I ' Ph. (562) 633-2660 Fax. (562) 633-1504 ,_, .-H+ ~--- I I I I I Mailing Address: P.O. Box 1898 Paramount, CA 90723-1898 Street Address: 16224 Garfield Ave. Paramount, CA 90723 If additional repairs are required, you will be notified before work is performed. Your cost to perform the above scope of work is as follows: Motor Repair Material 2887.00 Motor Repair Labor 10610.00 Valve Dampener Repair Material (3) 1482.00 Valve Dampener Repair Labor (3) 9432.00 California Sales Tax 338.60 Total $ 24749.60 The above quotation is valid for 60 days from date of letter. If you have any questions, please do not hesitate to call. Sincerely, cJack Cwllber Service Representative 2 Exhibit C ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/22/2017 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). PRODUCER 2~~t~CT Catherine Sariana Milestone Risk Management & Insurance Agency rA~$?N~o Extl: (949) 852-0909 I FAX IA/C Nol: (949) 852-1131 License No. OB72766 ~oMlJ~ss: csariana@milestonepromise.com 8 Corporate Park, Suite 130 INSURER(S) AFFORDING COVERAGE NAIC# Irvine CA 92606 INSURER A :Admiral Insurance Companv 24856 INSURED INSURER B :American Fire & Casualtv Insurance 24066 V.S.S. Sales INSURER c :State Compensation Ins. Fund 35076 OBA: Vaughan's Industrial Repair Co. INSURER D :Ohio Casualty Ins. Co. 24074 16224 Garfield Avenue INSURER E: Paramount CA 90723-0000 INSURER F: COVERAGES CERTIFICATE NUMBER:17 /18 Master excl WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL ISUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ·,.,en ,,.,.,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f---~ CLAIMS-MADE [iJ OCCUR DAMAGE TO RENTED A PREMISES IEa occurrence\ $ 100,000 CA00001643506 / 2/23/2017 2/23/2018 MED EXP (Any one person) $ 5,000 f-- / PERSONAL & ADV INJURY $ 1,000,000 f--./ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl 0PRO DLOC PRODUCTS · COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: Per Occurrence Deductible $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ f-- X ANY AUTO BODILY INJURY (Per person) $ B f--ALL OWNED ~ SCHEDULED AUTOS AUTOS BAA(18)56755498 2/23/2017 2/23/2018 BODILY INJURY (Per accident) $ f--NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident\ $ f-- Comp. / Coll. Deductibles $ 1,000 UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 5 000 000 f-- A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 OED I X I RETENTION$ 0 BEX09601304-02 2/23/2017 2/23/2018 $ WORKERS COMPENSATION XI ~f~TUTE I 10TH AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? NIA C (Mandatory in NH) 1962800-2016 11/1/2016 11/1/2017 E.L. DISEASE · EA EMPLOYEE $ 1 000 000 It yes, describe under E.L. DISEASE · POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS below D Rented/Leased Equipment BKO(l8)56755498 2/23/2017 2/23/2018 Limit I Deductible $SOK/ $1K DESCRIPTION OF OPERATIONS/ LOCA~ICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad and are named as additional insured per the attached CG2010 & CG2037 endorsements. GL & WC waiver of subrogation applies where required by written contract per the attached CG2404 & 2572 endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN I Attn: Gail Jones ACCORDANCE WITH THE POLICY PROVISIONS. 5950 El Camino Real Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE Teresa Shen/TERESA <;:··2~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CA00001643506 COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations When required by written contract As required by written contract 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: 8. 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 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. 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. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -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. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: CA00001643506 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 Name Of Additional Insured Person(s) Or Oraanization(s) Location And Description Of Completed Operations As required by written contract As required by written contract 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 Ill -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. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: CA00001643506 CG 24040509 Effective Date: 2/23/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 Name Of Person Or Organization: Any person or organization, but only If the following conditions are met: a. You have expressly agreed to the waiver In a written contnct entered Into by you; and b. The Injury or damage occurs subsequent to the execution of the written contract. Information renuired to comnlete this Schedule if not shown above will be shown in the Declarations. 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 recove,y we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage aris- ing 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. CG24040509 Olnsurance Services Office, Inc., 2008 Page 1 of 1 a Issued to: V.S.S. Sales, Co. DBA Vaughan's Industrial Repair Co. Carrier: State Compensation Insurance Fund Policy#: 1962800-2016 ENDORSEMENT 2572 WAIVER OF SUBROGATION BLANKET BASIS WE HA VE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFROM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE POLICY PREMIUM. SCHEDULE -·- PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED BLANKET WAIVER OF HAS AGREED BY WRITTEN SUBROGATION CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. /-\CORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/20/2016 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). PRODUCER ~~We~CT Catherine Sariana Milestone Risk Management & Insurance Agency ;l)gNJo Ext\: ( 949) 852-0909 I FAX /A/C Nol: (949) 852-1131 License No. 0B72766 it1l~~ss: csariana@milestonepromise.com 8 Corporate Park, Suite 130 INSURER(Sl AFFORDING COVERAGE NAIC# Irvine CA 92606 INSURER A :State Compensation Ins. Fund 35076 INSURED INSURER B: v.s.s. Sales INSURER C: DBA: Vaughan's Industrial Repair Co. INSURER D: 16224 Garfield Avenue INSURER E: Paramount CA 90723-0000 INSURER F: COVERAGES CERTIFICATE NUMBER:16/17 WC Only REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR 1:~rJ'6MVv1 /~ru-ii~~l LTR TYPE OF INSURANCE ,.,.,n W\ln POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ D CLAIMS-MADE D OCCUR DAMAGE TO RENTED f----PREMISES /Ea occurrencel $ ~ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R DPRO-DLOC PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY ?E~~~b~~~n81NGLE LIMIT $ f---- ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -f----NON-OWNED iP~~~2c~Je~t~AMAGE HIRED AUTOS AUTOS $ -- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY X STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? A (Mandatory in NH) 1962800-2016 11/1/2016 11/1/2017 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad and CMWD are named as additional insured per the attached CG2010 & CG2037 endorsements. GL & WC waiver of subrogation applies where required by written contract per the attached CG2404 & 2572 endorsements. CERTIFICATE HOLDER City of Carlsbad Attn: Gail Jones 5950 El Camino Real Carlsbad, ACORD 25 (2014/01) INS025 (201401) CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Teresa Shen/TERESA C _;> ~ __, - © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Issued to: V.S.S. Sales, Co. DBA Vaughan's Industrial Repair Co. Carrier: State Compensation Insurance Fund Policy#: 1962800-2016 ENDORSEMENT 2572 WAIVER OF SUBROGATION BLANKET BASIS WE HA VE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFROM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ! JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED BLANKET WAIVER OF HAS AGREED BY WRITTEN SUBROGATION CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT.