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Vaughans Industrial Repair Inc; 2019-06-13; PWM19-749UTIL
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: DOC# 2020-0473824 111111111111111111111111111111111111111111111111111111111111111 Aug 21, 2020 09:46 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES 1 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is 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 July 31, 2020. 6. The name of the contractor for such work or improvement is Vaughan's Industrial Repair Co., 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: Agreement No. PWM19-749UTIL. 8. The street address of said property is 6226 Avenida Encinas, in the City of Carlsbad. CARLSBAD MUNICIPAL WATER DISTRICT 1 Geoff Patnoe, Assistant Executive Manager VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of Carlsbad Municipal Water District, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the Assistant Executive Manager of said Board on 50)1 15+, 2020, accepted the above described work as completed and ordered that a Notice of Completidti be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ‘( , 2020, at Carlsbad, California. CARLSBAD MUNICIPAL WATER DISTRICT BARA ENGLESON Secretary \\filesOlv\Departments \Public Works \PW Common )00_PW Formally Approved Documents\NOCs and APIs \VAUGHN INDUSTRIAL REPAIR\Pump 3\NOC CWRF oumo motor rehab (VAUGHN) Biskup.doc ELIA BREWER, General Counsel By: CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Vaughan's Industrial Repair, Inc. has completed the contract work required for PWM19- 749UTIL, CWRF Pump and Motor Rehab, Pump No. 3. CMWD forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE CMWD — CVVRF pump and motor rehab for pump no. 3 $32,076.00 CERTIFICATION OF COMPLETION OF IMPROVEMENTS // 6/ZO Date Mark Biskup, Engineering Manager EXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The 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 Carlsbad Municipal Water District is hereby directed to commence maintaining the above described improvements. Geoff Patnoe, Assistant Executive Manager Date APPROVED AS TO FORM: As istant General Counsel \\filesOlv \Departments\Public Works\PW Common\OO_PW Formally Approved Documents\NOCs and APIs\VAUGHN INDUSTRIAL REPAIR\Pump 3\API_CVVRF pump motor rehab (VAUGHN) Biskup.doc CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT PWM19-749UTIL CARLSBAD WATER RECYCLING FACILITY (CWRF) PUMP & MOTOR REHAB, PUMP NO. 3 This agreement is made on the l ~ ~ day of J01\.C:,., , 2019, by the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and VAUGHAN'S INDUSTRIAL REPAIR, INC., a California corporation, whose principal place of business is 16224 Garfield Avenue, 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: Mark Biskup (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. CWRF Pump & Motor No. 3 Page 1 of 12 General Counsel Approved 1/25/19 PWM19-749UTIL 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 participating in contract bidding. Signature: ~ ?~ ~ .-- Print Name~UGHAN 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. CWRF Pump & Motor No. 3 Page 2 of 12 General Counsel Approved 1/25/19 PWM19-749UTIL 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 forty (40) working days after receipt of Notice to Proceed. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill CWRF Pump & Motor No. 3 Page 3 of 12 General Counsel Approved 1/25/19 CONTRACTOR'S INFORMATION. Vaughan's Industrial Repair Co., Inc. (name of Contractor) 535078 (Contractor's license number) C-61/D21-Machinery and Pumps 7/31/2020 (license class. and exp. date) 1000013667 (DIR registration number) 6/30/2019 (DIR registration exp. date) PWM19-749UTIL 16224 Garfield Avenue (street address) Paramount, CA 90723 (city/state/zip) 562-633-2660 x16 (telephone no.) 562-633-1604 (fax no.) jack@virc1.com (e-mail address) 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 Californi orporation Kevin T. Vaughan, Vice President (print name/title) By: V /ltt;e~ (sigrf"here) Roy Meyers, Treasurer (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT By: Vicki V. Quiram, General Manager as authorized by the Executive Manager 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 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, General Counsel CWRF Pump & Motor No. 3 Page 4 of 12 General Counsel Approved 1/25/19 PWM19-749UTIL 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 MOTOR REPAIR SUPERIOR ELECTRIC MOTOR SVCS. 10000035656 N/A 16% 4622 ALCOA AVE. VERNON, CA 90058 Total % Subcontracted: 16% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. CWRF Pump & Motor No. 3 Page 5 of 12 General Counsel Approved 1/25/19 PWM19-749UTIL EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 EA. 1 Rebuild Pump as described in Exhibit D $27,362.80 2 EA. 1 Rebuild Motor as described in Exhibit D $5,272.37 3 LS 1 Bond (Labor and Materials) $650.00 TOTAL* $33,285.17 *Includes taxes, fees, expenses and all other costs. CWRF Pump & Motor No. 3 Page 6 of 12 General Counsel Approved 1/25/19 • ' • j -• • ' • • PWM19-749UTIL-Exhibit "B" . '•-· ' . ',_ .,.}, . ♦ '-.--•· '·-' ,-' • ~--\ . -1,• •.. I ~ -:, • ~-~--•-• . ... . .. ' ,., . ' ., -: ~· -:· . ' ; . . Vaughan's Industrial Repair Co., Inc . '_,_, ... . .. • • • 1 • . ' --• ' ' Ph. (562) 633-2660 Fax. (562) 531-1204 ' • ,--t -, ' --: ~· • .• • Mailing Address: P.O. Box 1898 Paramount, CA 90732-1898 City of Carlsbad, Public Works 5950 El Camino Real Carlsbad, CA 92008 February 11, 2019 Street Address: 16224 Garfield Ave. Paramount, CA 90723 Re: Floway 5-Stage Vertical Turbine Pump #3 and 500HP US Motor. Attn: Ray Martinez The following estimated quotation is based on the anticipated scope of work below for the above referenced pump/motor. Scope of Work Pump: SIN 54098-7-3 or Similar 1. VIRC personnel will arrive on site and verify proper isolation of equipment. * 2. Uncouple and remove drive motor and load onto common carrier. 3. Remove pump, load onto common carrier and transport to VIRC repair facility. 4. Disassemble pump, clean, measure /record disassembly data, and advise. * * 5. Fabricate all new line and lower bowl shafts from 416 SS material. 6. Straighten all shafting to .002" TIR maximum per API specification. 7. Fabricate all new bowl, suction eye and stuffing box bushings from 660 bronze material. 8. Machine impeller hub wear rings minimum clean. 9. Fabricate and install new bowl wear rings from 660 bronze material. IO.Sandblast bowls, columns and head suitable for recoating. I I .Apply 2-part epoxy coating to bowls, suction eye, columns and head. 12.Dynamically balance impeller/shaft assembly to ISO 1940, quality grade G-2.5. 13.Assemble pump complete with all new SS fasteners and new rubber line shaft bearings. 14.Recondition existing cartridge type mechanical seal and supply new SS shaft couplings. 15.Apply 2nd coat of epoxy exterior protective coating to complete assembly. 16.Deliver to jobsite on common carrier. 1 7. VIRC personnel will install pump, motor and mechanical seal. * 18. VIRC will verify rotation, set impeller lift, test run pump and provide overhaul data report. ( Continued on next page) Page 7 of 12 .. < • •.<}: · ..• •. • Vaughan's Industrial Repair Co., Inc. : : : : . -: : : Ph. (562) 633-2660 Fax. (562) 531-1204 .... _, '.". ------------------------------- Mailing Address: P.O. Box 1898 Paramount, CA 90732-1898 Street Address: 16224 Garfield Ave. Paramount, CA 90723 * City of Carlsbad personnel to lockout/tagout electrical switchgear, connect/disconnect motor leads, hydraulically isolate pump for service and provide crane services as required. Your cost to perform the above scope of work will be as follows: Material 5378.00 California Sales Tax 416.80 Total labor 21568.00 Grand Total $27362.80 Re: US 500 HP, 5009P Frame, 1775 RPM Electric Motor Scope of Work Motor: 1. VIRC personnel will remove motor and transport to VIRC repair facility. 2. Disassemble, clean, and inspect motor windings. 3. Supply all new radial and thrust bearings, gaskets, o-rings and misc parts. 4. Replace cracked bonnet, assemble, test and paint motor. 5. Deliver to site for installation with the pump repair. The cost to perform the above scope of work is as follows Material 1837.00 California Sales Tax 142.37 =L-'-'a-'--b-'--or'------------'3'--2"""'"9"""'"3-'-.0-'--'-0 (Includes crane charges to remove only) Total $5272.37 Delivery: Unit can be completed in 3-4 weeks A.R.O. This quotation is valid for 60-days. ** If additional repairs are required the City will be notified before work is performed. VIRC will provide a 1-year limited warranty on repairs performed. Lube oil for motor provided by the City. If you have any questions, please do not hesitate to call. Sincerely, cJack Cw't/bcr Service Representative Page 8 of 12 Premium subject to adJustment based on final contract price. -Duplicate Original - EXHIBIT C LABOR AND MATERIALS BOND Bond No. 100439822 Premium: $666.00 PWM19-749UTIL WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has awarded to VAUGHAN'S INDUSTRIAL REPAIR CO . INC . a California corporation (hereinafter designated as the "Principal"), a Contract for: CARLSBAD WATER RECYCLING FACILITY (CWRF) PUMP & MOTOR REHAP, PUMP NO. 3 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 lo execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions. provender or other supplies or teams used in, upon or about the performance of the wor1< 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, VAUGHAN'S INDUSTRIAL REPAIR CO .. INC., a California corporation. as Principal. (hereinafter designated as the •contractor'), and American Contractors Indemnity Company as Surety, are held firmly bound unto CMWD in the sum of THIRTY-THREE THOUSAND TWO HUNDRED EIGHTY FIVE DOLLARS SEVENTEEN CENTS ($33,285.17), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors. or assigns. jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay ror any materials, provisions. provender. supplies, or teams used in. upon, for, or about the perfonnance 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 wor1< and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond. reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100. so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of lime, alteration or addition to the terms or 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 wor1< or to the specifications CWRF Pump & Motor No. 3 Page 9 of 12 General Counsel Approved 1/25/19 PWM19-749UTIL In the event that Contractor is an individual. it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this _1_6_t_h ____ day of May 20~ Vaughan's Industrial Repair Co., Inc. (SEAL) American_Contractors Indemnity Company (SEAL) (Principal) (Signature) ---~ /~s3:ety~> .✓' r~~6~--;x:; -By: ____________ _ Freddy Anvari, Attorney-in-Fact (Signature) (SEAL ANO NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTtFICATE) APPROVED AS TO FORM: CELIA A. BREWER :ner.UCoun~x 7✓ Deputy Genral Counsei CWRF Pump & Motor No. 3 Page 10 of 12 General Counsel Approved 1 /25/19 l 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 Orange On () 5 /J 0 /;;__l 1 ic( before me, K. Ho, Notary Public ' l Date ____ H_e_n_e-ln_s_e_rt_N_am_e_a_n_d_Ti_i-tle_o_f-th_e_O_ffi_ic_e_r __ ~ personally appeared -------------'F'-'r'-=e=d-=d.,_y-'--A""'n'-'-v=ar'-'-i ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(ll) whose name(s) is/~ subscribed to the within instrument and acknowledged to me that he/~/t~ executed the same in his/hGt/~ authorized capacity(~). and that by his/bec/tooit signatureO() on the instrument the person(~. or the entity upon behalf of which the person(s) acted, executed the instrument. ft ft Oft ft ft ft Oft ft ft *i ~~•'"' K.HO _ . ~ -~ • _ Notary Public -Cal1forn1a ~ ~ : ._.. _ ;: Orange County ~ ' '?.,~) Commission# 2262101 ~ My Comm. Exo1re-; Nov 7. 2022 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 my hand and official seal. Signature ~ Sigt eofNotary 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: Bond# /00'-139<3.2 J.._ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer{s) Signer's Name: Freddy Anvari Signer's Name: ____________ _ [J Corporate Officer -Title(s): _______ [J Corporate Officer -Title(s): ____ _ rJ Partner -[l Limited LJ General lJ Partner -0 Limited [J General □ Individual KJ Attorney in Fact I] Individual U Attorney in Fact L.J Trustee □ Guardian or Conservator n Trustee [J Guardian or Conservator LJ Other:______________ lJ Other: _____________ _ Signer Is Representing:A1t1t/l,t(:✓-/N (o,VTl'-AffOll'> Signer Is Representing: ________ _ --. ~---_--------------- ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 TOKIO MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIAL TY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Paul S. Dito, Ariel T. Heredia, Ted Lee, Angela Kim, Kathy Ho, Loradane Arzadon or Freddy Anvari of Orange, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ( ***$3,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June, 2018. State of California County of Los Angeles AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED SJ.aE SURE~QIIJ.PANY J.!ifJ•.$,fECIALI¥,~URANCE COMPANY _✓.,.,~~-~~"i,.-1.~"'o~l!~~-~-~ .-"'~t.!, .... ~ ... ~ '/~\~!!'!:~~ E#l \\11-:'l \1:..u:f/. \c,,\. ! ~···{\~ ~ r_,.'"/ '~.."\ ~u·· ·•.o" ~.,.,-• .. }', I ,.. -... ~<?:\ \~ __ =:=/.~i~l /~lJ!l!l, lJJht, ,,~,. '/-~! By·. ~ ~ fJh;:;C > '\ .... ,. '/ ~,}. ,.., ..... -7·· --~§ \ ,, / "'+, C4t····it,i,t-...-.... offe·••••,:i°'f-'° ' '-•••••••• ",f' \, ••-•••' ''%•~...... ,,,,~ .. ,,...,. ·,, ... : .... ...-, ~,,,,,,, *•••"" Daniel P. Aguilar, 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 accurac , or validi of that document On this 1st day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company 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, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. fjft ft;;,:;,.,;;,, ft ft I • . • l.osAllftl11C1U11y J . , camm-., 221,•n • Signature __ ..,.~,..."""~cal4f'II'-----(seal) Mr'--flqolrnAptn,1022 ~ • • NotoryPW>ik-C.ltlO'nlf f I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. HCCSMANPOA06/2018 vis:t tii1hcc.com/surety for more information EXHIBIT D PWM19-749UTIL SCOPE OF WORK FOR CARSBAD RECYCLING WATER FACILITY WATER PUMP AND MOTOR REHABILITATION, PUMP NO. 3 PROJECT DISCRIPTON: The work includes refurbishment of Carlsbad Water Recycle Water Facility (CWRF) Pump No. 3 including both the motor and pump assembly of the 5-stage vertical turbine pump and 500 hp. vertical electric motor as described below. Repair components and material shall be of equal or greater quality than original equipment and approved by CMWD. Relevant record drawings and existing equipment details for the pump/motor and the station is included as part of Exhibit "E" of this contract. The Contractor shall be familiar with the pump station site and the existing equipment by inspecting the site and the equipment prior to entering this contract. CMWD will coordinate with the Contractor for the removal and reinstallation of the equipment as described below. LOCATION: 6216 Avenida Encinas, Carlsbad, CA. WORK AND MATERIALS PROVIDED BY CONTRACTOR: ITEM NO. 1: PUMPS, 1-EA. 1) VIRC personnel will arrive on site and verify proper isolation of equipment. 2) Uncouple and remove drive motor and load onto common carrier. 3) Remove pump, load onto common carrier and transport to VIRC repair facility. 4) Disassemble pump, clean, measure /record disassembly data, and advise. 5) Fabricate all new line and lower bowl shafts from 416 SS material. 6) Straighten all shafting to .002" TIR maximum per API specification. 7) Fabricate all new bowl, suction eye and stuffing box bushings from 660 bronze material. 8) Machine impeller hub wear rings minimum clean. 9) Fabricate and install new bowl wear rings from 660 bronze material. 10) Sandblast bowls, columns and head suitable for recoating. 11) Apply 2-part epoxy coating to bowls, suction eye, columns and head. 12) Dynamically balance impeller/shaft assembly to ISO 1940, quality grade G-2.5. 13) Assemble pump complete with all new SS fasteners and new rubber line shaft bearings. 14) Recondition existing cartridge type mechanical seal and supply new SS shaft couplings. 15) Apply 2nd coat of epoxy exterior protective coating to complete assembly. 16) Deliver to jobsite on common carrier. 17) Contractor personnel shall install pump, motor and mechanical seal. Page 11 of 12 EXHIBIT D PWM19-749UTIL 18) Contractor shall verify rotation, set impeller lift, test run pump and provide overhaul data report. ITEM NO. 2: MOTOR, 1-EA. US 500 HP, 5009P Frame, 1775 RPM Electric Motor 1) VIRC personnel will remove motor and transport to VIRC repair facility. 2) Disassemble, clean, and inspect motor windings. 3) Supply all new radial and thrust bearings, gaskets, o-rings and misc parts. 4) Replace cracked bonnet, assemble, test and paint motor. 5) Deliver to site and reinstall along with associated pump, coordinating with CMWD and CMWD provided crane. SUPPORTING WORK PROVIDED BY CMWD: 1) Lockout/tagout electrical switchgear, connect/disconnect motor leads and hydraulically isolate pump(s). 2) Provide crane and crane services for the removal and installation of the pump(s) and motor(s) at the pump station site. CMWD provided crane will provide for loading and unloading to Contractor's truck at the pump station site only. 3) Disconnection and reconnection of pump from pump suction and discharge manifolds. COORDINATION: Contractor and CMWD shall coordinate removal and reinstallation of pumps and motors. The schedule of the removal in reinstallation shall be agreeable and coordinated between CMWD and the Contractor. Contractor is responsible for transporting equipment to the location for repairs and returning to the pump station. CMWD will provide the crane and operator to remove the pump and motors and then to reinstall the pump and motors when returned from the Contractor. Contractor and CMWD staff shall coordinate allowing an option for CMWD staff to visit the repair facility to witness the dissembled pump and motor and the refurbishing process. WARRANTY: Contractor shall provide written warranty for all workmanship and material provided in the rehabilitation in addition to any required warranty stipulated in the contract. Page 12 of 12 ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/25/2019 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($), 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 ...u .. , .. ,., Catherine Montoya NAME: Milestone Risk Management & Insurance Services PHONE (949)852-0909 I FAX (949) 852-1131 /Air-11.1,. Cvt\• !A/C, Nol: License No. OB72766 ~tif~~ss: cmontoya@milestonepromise.com 8 Corporate Park, Suite 130 INSURER!Sl AFFORDING COVERAGE NAIC # Irvine CA 92606 INSURER A: Libertv Surnlus Insurance Corn 10725 INSURED INSURER B: American Fire & Casualtv Insurance 24066 v.s.s. Sales, Inc. INSURER C : Underwriters at Llovds 15792 16224 Garfield Avenue INSURER D: Insurance Company of the West 027847 INSURER E: Ohio Casualtv Insurance Co. 24074 Paramount CA 90723-0000 INSURER F: COVERAGES CERTIFICATE NUMBER: 19/20 Master 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE •••~n u•,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -~ CLAIMS-MADE W OCCUR DAMAGE TO RENTED A PREMISES (Ea occurrence\ $ 100,000 X 100033067301 2/23/2019 -2/23/2020 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 -GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 9 POLICY0::r& □LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ -X ANY AUTO BODILY INJURY (Per person) $ B -ALL OWNED -SCHEDULED AUTOS AUTOS BAA(20) 56755498 2/23/2019 2/23/2020 BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS ( Per accident) $ --Comp/Coll Deductibles $ $1000/$1000 UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 5,000,000 - C X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 OED I X I RETENTION $ 0 CAS000040601 2/23/2019 2/23/2020 $ WORKERS COMPENSATION XI ~~fTLITE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A D (Mandatory in NH) y ilSA504410800 11/1/2018 11/1/2019 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 E Leased/Rented Equipment BKO(l9)56755498 2/23/2019 2/23/2020 Limit/Oed $50k/$1k DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement No. PWM18-13UTIL -Repair 500 HP US Electrick Motor for Encina Vertical Pump and Rebuild Three Valmatic Valve Dampener Controls. Where required by written contract, The City of Carlsbad/CMWD is included as an additional insured as respects General Liability per the attached endorsements. Workers' Compensation waiver of subrogation applies per the attached endorsement. *30 days written notice of cancellation to the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4668 New York, I ACORD 25 (2014/01) INS025 (201401) NY -ECM #35050 10163-4668 AUTHORIZED REPRESENTATIVE Catherine Montoya/CAM C'<:1:t_ /2_{',_;, __ ,: N.fL ~/ )lt,-,, Cti)LJ.cL-; © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ✓ ~-Liberty ., Commercial General Liability ',urplu" Insurant t' Corporation . LIBERTY SURPLUS INSURANCE CORPORATION (,\ Nl'\\. I lampshirc Stock Insurance C()mpany, hereinafter the "Company") ENDORSET\IENT NO. 1 Effective Date: 2/23/19 ro 2/23/20 Policy Number: 100033067301 Issued To: Y.S.S. Sales, Inc. 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 rhe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) .-\ny person or organization for whom you are performing operations when you and such person or organization have agreed in wriring in a contract or agreement that such person or organization be added as an addirional insured on your policy; Any other person or organization you are required to add as an additional insured under the contract or agreement described in the paragraph above. Location( s) Of Covered Operations .-\11 locations 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, bur only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acrs or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. \'vith 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 © ISO Properties, Inc., 2004 Commercial General Liability Libcrtv ,I Surplm, Jnsurann• Corporation . 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. © ISO Properties, Inc., 2004 _,.,... ....... Liberty ,I Commercial General Liability Surplu~ Insuranct> Corporation . LIBERTY SURPLUS INSURANCE CORPORATION (.\ Ne\\· I lampshire Stock Insurance Company, hereinafter the "Company") ENDORSEMENT NO. 2 Effective Date: 2/23/19 to 2/23/20 Policy Number: 100033067301 Issued To: V.S.S. Sales, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERA TIO NS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) "\ny person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; Any other person or organization you are required to add as an additional insured under the contract or agreement described in the paragraph above. Location and Description Of Covered Operations All Locations and Description of Covered Operations (Information required to complete this Schedule, if not shown above, will be shown in the Declarations) 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". © ISO Properties, Inc., 2004 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER moM OTHERS ENDORSEMENT -BLANKET WC 990634 (Ed. 8-00) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise due. Person or Organization ANY PERSON/ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT Schedule Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 11/01/2018 Policy No. WSA 5044108 00 Insured VS S Sales Insurance Company INSURANCE COMPANY OF THE WEST Endorsement No. Premium $ INCL . Countersigned By ____________ _ WC 990634 (Ed. 8-00) INSURED