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HomeMy WebLinkAboutVaughn's Industrial Repair Co Inc; 2018-12-06; PWM19-639UTILRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0076672 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII Mar 04, 2019 11 :24 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PAGES 1 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 names 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 December 31, 2018. 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: Rebuild CWRF Pump No. 2 and Motor, Contract No. PWM19-639UTIL. 8. The street address of said property is 6220 Avenida Encinas, in the City of Carlsbad. SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Municipal Water District, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the Executive Manager of said Board on• O,p)v,M-~ c2/ , 2019, accepted the above described work as completed and order~at a NotkeC:ompletion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on o?-~ (p , 2019, at Carlsbad, California. NGLESON Q \Public Works\Utilities\ADMINISTRATIONIAGREEMENTS & CONTRACTSIAGREEMENTS & CONTRACTS\Vaughan's Industrial Repair Co\Vaughan's Ind. Repair Co., Pump #2 & Motor Rebuild\NTP, API, NOC & Cover\NOC (Public and Private) -revised 2019-02-07.doc Tracking#: PWM19-639UTIL CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT REBUILD CWRF PUMP NO. 2 AND MOTOR This agreement is made on the ~ day of iJ&.ewtW , 2018, 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 CO., 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: 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. 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. REBUILD CWRF PUMP NO. 2 AND MOTOR Page 1 of 8 General Counsel Approved 9/27/16 Tracking#: PWM19-639UTIL 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 R rticipating in contract bidding. Signature: _,.__-:-, K?. 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. 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. REBUILD CWRF PUMP NO. 2 AND MOTOR Page 2 of 8 General Counsel Approved 9/27/16 Tracking#: PWM19-639UTIL 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 started work on October 3, 2018. Completion: Contractor agrees to complete work within thirty (30) working days. CONTRACTOR'S INFORMATION. /II Ill /II /II /II /II /II /II /II Vaughan's Industrial Repair, Inc. (name of Contractor) 535078 (Contractor's license number) C-61/D21-Machinery and Pumps 7/31/20 (license class. and exp. date) 1000013667 (DIR registration number) 6/30/19 (DIR registration exp. date) REBUILD CWRF PUMP NO. 2 AND MOTOR Page 3 of 8 16224 Garfield Avenue (street address) Paramount, CA 90723 (city/state/zip) 562-633-2660 x16 (telephone no.) 562-531-1204 (fax no.) jack@virc1.com (e-mail address) General Counsel Approved 9/27/16 Tracking#: PWM19-639UTIL 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. (sign here) J}Av,;;/~~ (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT By: Vicki V. Quiram, Utilities Director as authorized by the City Manager If required by CMWD, proper notarial acknowledgment of execution by Contractor must be attached . .!f_g corporation, Agreement must be signed by one corporate officer from each of the following two groups: GrowA GrowB 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 REBUILD CWRF PUMP NO. 2 AND MOTOR Page 4 of 8 General Counsel Approved 9/27/16 ITEM NO. UNIT QTY 1 Job 1 Tracking#: PWM19-639UTIL EXHIBIT B REBUILD CWRF PUMP NO. 2 AND MOTOR JOB QUOTATION DESCRIPTION I Disassemble pump, clean, measure I record disassembly data and advise. Fabricate all new line and lower bowl shafts from 416 SS material Straighten all shafting to .002" TIR maximum per API specification. Fabricate all new bowl, suction eye and stuffing box bushings from 660 bronze material. Machine impeller hub wear rinQs minimum clean. Fabricate and install new bowl wear rings from 660 bronze material. Sandblast bowls, columns and head suitable for recoating. Apply 2-part epoxy coating to bowls, suction eye, columns and head. Dynamically balance impeller/shaft assembly to ISO 1940, quality grade G-2.5. Assemble pump complete with all new SS fasteners and new rubber line shaft bearings. Recondition existing cartridge type mechanical seal and supply new SS shaft couplinQs. Apply 2nd coat of epoxy exterior protective coating to complete assembly_ Deliver to iobsite on common carrier. VIRC personnel will install pump, motor and mechanical seal.* VIRC will verify rotation, set impeller lift, test run pump and provide overhaul data report. All labor for the above job All materials for the above iob *CMWD personnel to lockouUtagout electrical, connecUdisconnect motor and hydraulically isolate pump for service. TOTAL PRICE $22,610.00 $9,264.35 $31,874.35 *Includes taxes, fees, expenses and all other costs. REBUILD CWRF PUMP NO. 2 AND MOTOR Page 6 of 8 General Counsel Approved 9/27/16 Tracking#: PWM19-639UTIL 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 Total % Subcontracted: Al ON e.. The Contractor must perform no less than fifty percent (50%) of the work with its own forces. REBUILD CWRF PUMP NO. 2 AND MOTOR Page 5 of 8 General Counsel Approved 9/27/16 Premium Subject To Adjustment Tracking#: PWM19-639UTIL Based On Final Contract Price Bond No. 100415203 EXHIBIT C Premium: $637.00 LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has awarded to Vaughan's Industrial Repair, Inc., (hereinafter designated as the "Principal''), a Contract to: REBUILD CWRF PUMP NO. 2 AND MOTOR CONTRACT NO. in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal orany 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 WOJ~ agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the''saine to the extent hereinafter set forth. NOW, THEREFORE, WE, VAUGHAN'S INDUSTRIAL REPAIR, INC., 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-one thousand eight hundred seventy-four Dollars. ($31,874.35), 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 for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and 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. REBUILD CWRF PUMP NO. 2 AND MOTOR Page 7 of8 General Counsel Approved 9/27/16 Tracking#: PWM19-639UTIL 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 zc,+tc. day of /V(/(/{ 1,1(, bee,£, , 20JI... CONTRACTOR: Vaughan's Industrial Repair Co., Inc. (name of Contractor) s~-L&~ ~ (signitere) By: /:'c4/e,.t/ " //#( 4/-MJ/ (print name here) I/ Ice, /Jns,,. ~'1 / (title and organization of signatory} "nhere) ~""""' Lee..;rt7¥1 (print name here) --/.A...,~P4 ... (title'and organization of signatory} Executed by SURETY this __ 8t_h ____ day of __ N_o_v_e_m_b_er ______ ~ 20~. SURETY: American Contractors Indemnity Company (name of Surety) 625 The City Drive S., Suite 205, Orange, CA 92868 (address of Surety) (714) 740-7000 (telephone number of Surety) By:~---------_, (signature of Attorney-in-Fact) Ted Lee {printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney} (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER REBUILD CWRF PUMP NO. 2 AND MOTOR Page 8 of8 General Counsel Approved 9/27/16 CALIFORNIA All-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this ce1-tificate 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 U)S &n~-f ,-e 5 On 1\ J i.o J '2--0l£) before me, cJO(;e l'{Y) (A Y l 0~., No ffiYY. puk, l ic..., , Date Here Insert Name and Title of the !Jtticer personally appeared Kt\fen T V11vgni'\n 121nd Dftvi"d New-to,,, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that~/~/they executed the same in ~~/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or tfie entity upon behalf of which the person(s) acted, executed the instrument. a JOCELYN CARLOS Notary Pultllc • California i UI AnOtltl County Comm1t1lon ti 2t58U. .. ). ••••• 111 to:1· FA'T ,, ur1e2&I 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. ----------------OPTIONAL---------------- Though this section i:~ 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: (M\5botd l\'\vhjci (?<,I' lVt\,\er o,·~tVl'cA-tliOut 90,1:c, w-an~s ~c-f- Document Date: l!../z O /-z.01e, Number of Pages: _S~---- Signer(s) Other Thmf Named Above: -'-N....,/'--11--'----------------------- Capacity(ies) Claimed by ~ner(s) 1 Signer's Name: l(.f\lCh I• Vli-Vjt16:\V\ · D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General .D-{ndividual D Attorney in Fact D Trustee D Guardian or Conservator D Other:-----~~~------ Signer Is Representing: -~-~~l~f ______ _ Signer's Name: D~vl cl N-cl"I~ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General J::Xndividual D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------~------ Signer Is Representing: ~S~e~\£~------ • ©2016 National Notary Association · www.NationalNotary.org • 1-800-US NOT ARY (1-800-876-6827} Item #5907 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 ~ I "' -. ~ '" o On 1',jt',\RM\ti.U i...0\(J Date .1 personally appeared before me, .. Angela K. Kim, Notary Public Here Insert Name and Title of the Officer Ted Lee Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(~ is~ subscribed to the within instrument and acknowledged to me that he/~~ executed the same in his~/tmmcauthorized capacity~). and that by his/NQJr/4tbex signature~) on the instrument the person(.s), or the entity upon behalf of which the person~) acted, executed the instrument. .>\, .. -~ .... ,,,,.~ ................. ~,,~,..,.,,,:,.t I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,,r:r;:;,,. AMGELA K. KIM k WITNESS my hand and official seal. ff' .. i',; '\ Notary Public -California > ; ;(~· ,.I, '\"j~ OrJnq~ County ·~ ~ :,• \/l·_1v,.;;.,/) Comtli\1)1(.)(1#2190918 !f ''t,'.-l,k,1/ I 'Y (011\nt [xpi"'S ;\p; 11. 2021 Signature L,~ _, m ,..,.,_. a,y Public Place Notary Seal Above ----------------OPTTONAL---------------- 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 \cY')L\\52..03 Document Date: ... Number of Pages: _ _ ___ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: .T~~~e~----------------_ Signer's Name: .................. _ . i I Corporate Officer -Title(s): ·---: Corporate Officer -Title{s): ____ _ f I Partner -I I Limited I I General i Partner -I l Limited I General 1 : Individual :X:I Attorney in Fact i Individual I Attorney in Fact I I Trustee !l Guardian or Conservator I Trustee : I Guardian or Conservator r , Other:-------=---___ i Other: _______________ _ em. \9~.er +-<-.. Is ~~.r.h~i:1~.~·~.~ c .. ~.-.. ····· ~.· =~-n .. er. ls-Re.pr. es.·en·t· in~:·····-.····· --.· .. · .. · .. ·.•·-······_··· --- .:-;:,~;«:.;,~-g;,-'%~~~~'9(;.'C<;,'C<;,~·X,.'<;"/i;,'<:.~;',(>'':l-0'<~:"<;;'<"'$<;":,'<,(;.'<..",<;.'<T,().VX,'<:'!<,'<\~/i{;~,()."<¥>":,X,.~~'(!~i•;~'t:;.2'-0~~~'t @2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 TOKIO MARINE HCC KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, TED LEE its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number """"'1--'-0--'-0_4_15-'-2_0'-3'------------ issued in the course of its business and to bind the Company thereby, in an amount not to exceed ----------~O~n~e~h=u~nd=r~e~d~th~o~u~sa~n~d~a=n~d~0~0~/~10~0~---------(.___~$1~0~0~,o~o~o~.o~o~ __ }. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of September, 2011. "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 Attorney(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 and/or 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." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 1st day of June, 2018. ,,,,,,,111•cr~•111,,,, ~~~'\~ ...... ~.,4:~ State of California County of Los Angeles §cf'/ .. ~ ··~ .. 1' \ !~! \~% E ~ i IIICORl'ORmO i ~ § ~ ,t .. SEPT. 25. 19911 i:: j '\2-}·-~.~ ..... {~~~~ ~,,,g"ii;;oi"'~,,,,~ 111111,iun,\\\ By: AMERICAN CONi~;EMNITY COMPANY Ada S. Pessin, 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 validit of that document. On this 1st day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity 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.. Signature ~ (seal) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of ___ ~N~o~v~e~m~b~e~r __ _ Bond No. Agency No. 100415203 6770 ,,,\\111111111,,, "'''' v.f,.CTO~ 111,,,_ ,:. ~'\ ............ 8;_,_,,, ~ () •·· ••,;r..A ~ ~ v .. · .. v~~ t~i \t% ~ ~ / INCORPORATED l ;;:; § '% UI \_ SEPT. 25, 1990 j;; ff ~~:-.. ./.0~ ~ *'•• ••'* V ~,, c-"ii;;oil\'"' ,,," 11111,,u,, 1,01\''''\ visit tmhcc.com/surety for more information 2018 HCCSZZPOAACIC06/2018 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 2/21/2018 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 ~tl~CT Teresa Shen Milestone Risk Management & Insurance Services r~~Nj0 c~,. (949)852-0909 lrffc.Nol: (949)852-1131 License No. OB72766 ~r.:fl~ss:tshen@milestonepromise.com 8 Corporate Park, Suite 130 INSURERISl AFFORDING COVERAGE NAIC# Irvine CA 92606 INSURERA:Admiral Insurance Comnanv 24856 INSURED INSURER e :American Fire & Casual tv Insurance 24066 v.s.s. Sales INSURER C :State Conmensation Ins. Fund 35076 DBA: Vaughan's Industrial Repair Co. INSURERD: 16224 Garfield Avenue INSURERE: Paramount CA 90723-0000 INSURERF: COVERAGES CERTIFICATE NUMBER:18/19 Master Exel. 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 INSU~NCE 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 TYPE OF INSURANCE ADDL SUBR ,:ghl~ ,:gltii~ LIMITS LTR •••~n "'''" POLICY NUMBER X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -• CLAIMS-MADE [i] OCCUR PREMIS~JYE:;~ncei A $ 100,000 CA00001643507 2/23/2018 2_123/2019 MED EXP (Anv one person) $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 / ~ POLICY [!] mg: •Loe PRODUCTS· COMP/OP AGG $ 2,000,000 OTHER: Per Occurrence Deductible $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea acc!dentl -X ANY AUTO BODILY INJURY (Per person) $ B -ALL OWNED ~ SCHEDULED AUTOS AUTOS BAA(19)56755498 2/23/2018 2/23/2019 BODILY INJURY (Per accident) $ -,--NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS /Per accidentl $ - Comp. / Coll. Deductibles $ 1,000 UMBREUA LIAB M OCCUR EACH OCCURRENCE $ s.000,000 - A X EXCESSLIAB CLAIMS-MADE AGGREGATE $ s,000,000 OED 1· x I RETENTION s . 0 BEJ:09601304-03 2/23/2018 2/23/2019 $ WORKERS COMPENSATION XI ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE C NIA E.L EACnACCICi::i,IT $ 1,000,000 OFFICER/MEMBER EXCLUDED? C (Mandatory In NH) 1962800-2017 11/1/2017 11/1/2018 E.L. DISEASE • EA EMPLOYEE $ 1,000,000 If yes, describe under -E.L DISEASE· POLICY LIMIT $ 1,000 000 DESCRIPTION OF OPERATIONS below D Rented/Leased Equipment BB:0(19)56755498 2/23/2018 2/23/2019 Limit/ Deductible $SOK/ $1K DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addlllonal 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. The City of Carlsbad is named as an additional insured per the attached endorsements. we waiver of subrogation applies per the attached endorsement. *30 days written notice of cancellation to the certificate •holder/lo days notice for nonpayment ·of premium. 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 -ECM #35050 New York, NY 10163-466-8 AUTHORIZED REPRESENTATIVE Teresa Shen/TERESA _s::2 ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and ~ogo are registered marks of ACORD / I Issued to: V.S.S. Sales, Co. DBA Vaughan's Industrial Repair Co. Carrier: State Compensation Insurance Fund Policy#: 1962800-2017 Effective:11/1/2017 to 11/1/2018 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 WRITIEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.000/4 OF THE POLICY PREMIUM. SCHEDULE l •' .... -----. -· ... " ··--·. .. --· -•--.-, ... . ······, ..... ··--··· --_. ----. .... -·- PERSON OR ORGANIZATION ·l ~O~_ µr:~~RIP'I'Iq~ _ .. _ I . •. ~--· ... ~----·----' -----.•.. .. --. --. , .. : .. .. ·--. '. ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED ' BLANKET WAIVER OF HAS AGREED BY WRITTEN ·'I· SUBROGATION CONTRACT TO FURNISH THIS ' WAIVER ' ..... .. ., •·-• u .• · .... ---' •• -._, ' ...._._ . -, ·---••¥'-C •.:,., •--•-... .. .. . ·--·· _,, -, .. .. -- NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF 11IE 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. ... /. ····· ·• , .. ' . . . . . . ... .. . ... . ... .. , . ·· · ·· .. POLICY-NUMBER:·. CA000016435Crt ... -. -. COMMERCIAL GENERAL ·i.:1ABiLITY · · ·. ;: ::--!:.-: CG 2010 0413·· !:. : . . . . . . -·· Tf:tlS :~NPORSEME~T :(;:_1-~t~NGES THEi PQLiQy. PLEASEi R~ApJr CAREFUi..Ly.j:.:: . . . . . ________ ;: :::: :::<~p_pl_TION:AL Jl\l~_ti"REO ~-9VVNERS, ~-E~SEES Cl~ ___ :: -··· ·· :· ..... .. . .. := :.CiONTRACTORS -SCHEDULED PERSON OR::·:)· ' . ,'" :..... . .. ·· :,···. . .. ·· :,.;-:-·. . . _ .. :.···. . .. ·· :.···_ --·_::·::: i:. ORGA.NIZAT:ION> This endo~secrien(modifi~s insuta~ce· provided under th°e: foiloWing: .CQ~MERCIAL Gl=~ERAI;; LIABILITY C:0YERA(3E PART . . . . . . . . .. . . . :SCHEDOLI; . . . .. . .. . . t:.i.~me_Of Additiona_l _ln~ur~~fPei'soii(s) c;>r . . .. . ..... _ .. . . ... . .. :--· .. . .. . . . . . . . ... , ... . Organization(s) : : . . : . ·: : -. . . . . . : : Location(s) Of Covered: Ooerations . . . . . . ........ : ·wheh _requjred by"written contract .·: ::: :_ . . .. . .. : -As:re:quiredby.writtefr:cor:itract ._. : .-:-· :::.: __ .. .. .. ·: . _., __ . . ..... . .. . ' ...... . ..... . . . . . . . ; : . lnforrrt"atian reauired to·comolete this Schedule,: if.not shown above; will be shown in the .Declarations. . . . .. . ... .. . ... .. . ... . .. ,.. . .. . ... ·• .... _-.. ·. __ A.· Secti.on 11·-•;..; Who ·1s A·n insured is:amend.ed to ... B:·Witti respect.to ·the ·insurance afforded: to::thes·e .. . : :::· :·::: include as an ·additional insured: the .. person(s) or -·::additional insureds,:'the following additional:exciusions :.organiza~ori(s) shoiA,r:r in•·the:Scheclule, bu_t only with apply;_-· ... :·-:: . . . :.-· ... · · -. :. : : res·p~~~ ~o liability for :"bo<;ljly: jrijury", "properfy d~m~ge" This i~sura~ce does not: app_ly: !~ "bodily injury" o( : : : : : ..... -cir' "personal· and· advertising injury"· caused,' in whole · · · · ·. · '·'property damage" occurring after: . • .. ::· · i:. -:· or in part, by::·· : :. -: · . := : : · I:.-:· : : :: · : :. :1. All work, including.riiaterials, parts or equipment . .-.. .. . ... :.-. t~You~act~~~-~missiohs';·or. . ...... .-' .... :: .... ;,"fu~ished-i~:connectfornr~ith-Sl:fCh_:work,ordhe:.-... : ·. : : : :2/rt:ie acts or omissions· of those acting: 6n :yoi.ir·behalf' pr_ojec;:t (Pther than servic;:e,: rnaintenance or repain;) : : . : -· · · · · · . · · · · · . . . . .. . .. · · · · : · · · ' . to· be ·peifoimed by _o~ ori behalf of the.adc;lition·aI · · · : · · · · · ..... . . . . . . in the: :performance of your :ongoing :operations for : . · : · . ihsured(s) at :the·location of the covered O:peratiQns · ... :.··· .... --the .. additlonai _ insured.(s)· ·af :fhe location(s) · ·. :: ·hasbeen.c.ompieted;or .............. . : : : : · -c:(~_signated ab<;>Ve. · : · · · · · · 2.:Jhat portion of "your wo~k'.'. c;,u(of which the : : .... : . : : · . . . . __ irijury: or:damag~ _a_ris~~ has been .puqo _i_ts. .. . . . · · · · · · Howev.~r::. : : ·:. ·:: • . . . . . : . . . : _ ... : . : .intended use:·!Jy any person or organi~ati(?n: other .... 1. :n,e lnsurarrce afforded .td such addition.al insl.lred c>nly:: · ~ha!" _anot~~r:contra~tor or su_~c~i:,_tr-actor engage~ _. _ _ : : ... applies to the ext~ni.permitted by law; ~nc!-·-: . : : · m:pe_r:{c;>m,1ng_operat1ons :fo~ ~ p.n~crpal as a p~r:t ?-f. : . _ .. : .---2~:lfca~~r~ge_providedfothe_ad_ditionalinsured is _ the ~~m~:p~oJect. ... : ·· ... required by a contract or agreemei'lt,·the insurance:- affordecl to-such additional insured will not be broader: --: : ·:: . . . : :tn~n:that which yqu 'fille: required by the:~oiJtra¢t or : . _::. agreement to pro\ii<;il;! for: s1,1ch additional i_nsured. : ,· .. 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 0413 . _.., POLICY NUMBER: CA000016 3507 COMMERCIAL GENERAL LIABILITY CG 20 370413 THIS ENDORSEM~NT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. -~tO~AL INSURED -OWNERS, LESSEES OR CONT~CTORS -COMPLETED OPERA TIO·NS 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 Organization(s) Location And Description Of Completed Operations As required by written contract As required by written contract . . I Information reauired to comolete 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 111-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 370413 © Insurance Services Office, Inc., 2012 Page 1 of1