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HomeMy WebLinkAboutCosco Fire Protection Inc; 2021-07-06; PWM21-1511FACDocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 6th July PWM21-1511FAC CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT F,ARMERS FIRE SUPPRESSION SYSTEM SUPPLY PIPING REPLACEMENT; CONT. NO. 4723 This agreement is made on the ______ day of ___________ , 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Cosco Fire Protection, Inc., a California corporation whose principal place of business is 4990 Greencraig Lane, San Diego, CA 92123 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Brian Bacardi (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107 .5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Th is 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. Farmers Fire Suppression Piping Replacement; Cont. No. 4723 Page 1 of 9 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 PWM21-1511FAC FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32 .025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ii...J Ii / Print Name: ~lex Hernande7 REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1 ,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned , non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LI CENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Farmers Fire Suppression Piping Replacement; Cont. No. 4723 Page 2 of 9 City Attorney Approved 1/20/2020 PWM21-1511FAC INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Cosco Fire Protection, Inc. (name of Contractor) 577621 (Contractor's license number) C-10,C16 9/30/2021 (license class. and exp. date) 1000002305 (DIR registration number) 6/30/2024 (DIR registration exp. date) Farmers Fire Suppression Piping Replacement; Cont. No. 4723 Page 3 of 9 4990 Greencraig Lane (street address) San Diego, CA 92123 (city/state/zip) 858-444-2023 (telephone no.) 858-444-2056 (fax no.) mkuz@coscofire.com (e-mail address) City Attorney Approved 1/20/2020 DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 ., DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 PWM21-1511FAC 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 COSCO FIRE PROTECTION, INC., :~alifor~rpoz n d khere);r Alex Hernandez, Vice-President (print name/title) Roger Jump, Secretary & Treasurer (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f.._§_ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ Assistant City Attorney Farmers Fire Suppression Piping Replacement; Cont. No. 4723 Page 4 of 9 City Attorney Approved 1/20/2020 PWM21-1511FAC 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 ffewk/rva,..} lfAPet'i't#I /Jvbtrr jt1tlt?tJ(J 18 r F 7/'JJ/JJ JP¼ tJftJf't:1iflf I/Jvj-;..1- Total % Subcontracted: Jot The Contractor must perform no less than fifty percent (50%) of the work with its own forces. Farmers Fire Suppression Piping Replacement; Cont. No. 4723 Page 5 of 9 City Attorney Approved 1/20/2020 11/30/21 DIR DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 PWM21-1511FAC EXHIBIT B Farmers Fire Suppression System Supply Piping Replacement Contractor to provide all material, tools and labor necessary to replace the existing 6" DI piping with a new C900 UG piping. Scope of work shall consist of all items mentioned in the Contractor's proposal dated May 13, 2021 and is attached to this document as Exhibit "D". JOB QUOTATION ITEM UNIT QTY DESCRIPTION NO. 1 LS 1 Replace existing supply piping for system. *Includes taxes, fees, expenses and all other costs. Farmers Fire Suppression Piping Replacement; Cont. No. 4723 Page 6 of 9 PRICE fire suppression $37,600 TOTAL* $37,600 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 EXHIBITC LABOR AND MATERIALS BOND Bond No. K40334671 PWM21-1511FAC WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Cosco Fire Protection, Inc., a California corporation (hereinafter designated as the "Principal"), a Contract for: FARMERS FIRE SUPPRESSION SYSTEM SUPPLY PIPING REPLACEMENT CONTRACT NO. 4723 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Cosco Fire Protection, Inc., a California corporation as Principal, (hereinafter designated as the "Contractor"), and Federal Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty-seven thousand six hundred dollars ($37,600), 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. Farmers Fire Suppression Piping Replacement; Cont. No. 4723 Page 7 of 9 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 PWM21-1511FAC 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 ___ 2_4_th ___ day of ____ J_u_n_e ________ , 2021 _c_o_s_c_o_F_ir_e_P_r_o_te_c_ti_o_n_, l_n_c_. _____ (SEAL) (Principal) / By·"~ ~ z. Pres)' (Signatu~ dJ2lir _Fe_d_e_r_a_l l_n_su_r_a_n_ce_C_o_m_p_a_n_y ____ {SEAL) (Surety) Wheeler, Attorney-In-Fact (Signature) {SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ~~ Assistant Cityttorney Farmers Fire Suppression Piping Replacement; Cont. No. 4723 Page B of 9 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of · Tennessee County of ______ K_no_x ____ _ } } Michelle Lute-Heatherly , Notary Public On June 24, 2021 before me, -------------------,("'He:-:re"'l="ns~ertr-:n"='am="e:-:a"='nd,..,t""1tle'""o"'I t°"he'""o""Hi'='co"'rj ____ _ personally appeared Carolyn E. Wheeler who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Calif~~-~cit,,, the foregoing paragraph is true and correct. ...... '~~"~~ ......... t~~/', .. .. .. ~ .· ·-~ -.. ~ / STATc:. • •• .,t... "' -: : - WITNESS my hand and official seal. · rENr?:ssEE · • NOTARY - : ~WC .. -.. -.. , . .· ' PublicSeal) ',,,, ;;;(;°X.CO~~,,,," • My Commission Expires: July 26, 2023 111 I 1 • 1 1 ' 1 '' • INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT (TiUe or description of attached document) (TiUe or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact □ Trustee(s) □ Other _________ _ 2015 Version www.NolaryClasses com 800-873-9865 if needed, should be completed and al/ached to the document. Acknowledgments from other states may be completed for documents being sent lo that slate so long os the wording does not require the California notary to violate California notary law. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time or notarization. • Indicate the correct singular or plural fonns by crossing off incorrect fonns (i.e. he/she/they;-is /&ff) or circling the correct fonns. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERJCAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Carolyn E. Wheeler each as their true and lawful Anorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and a nested these presents and affixed their corporate seals on this 10th day of March, 2020. STATE OF NEW JERSEY County of Hunterdon ss. ~tcphl'll \1.11:llll')'. \'kl' l'rc,-hknt On this 10th day of March, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERJCAN INSURANCE COMPANY, the companies which executed the foregoing Power of Anorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No. 2316665 CommlS.9t0n E)(plres July 18, 2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December II. 2006; and ACE AMERJCAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that che following aurhoriz.itions relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Wrirten Commitment"): (I) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Wrinen Commitment for and on behalf of the Company, under the seal of the Company or othenvise. (2) Each duly appointed attorney-In-fact of the Company is hereby authorized lo execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company. under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment. which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chaim1an, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class or Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any oflicer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED. that the foregoing Resolution shall not be deemed robe an exclusive statement of the powers and authority or officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE CQMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERJCAN INSURANCE COMPANY (the "Companies") do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney Is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this June 24, 2021 INTHE EVENT YOU WISH TO VERIFY THE AUTHENTICITI' OF THIS BOND OR NOTIFY US OF ANY OTHER MATIER. PLEASE CONTACT US AT, Tele hone (908) 903-3493 Fax (908) 903-3656 e-mail, sure @chubb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) DocuSign Envelope ID: 64339D5E-CFEA-4A38-9B3E-9AA5AF17D9A7 Exhibit "D" PWM21-1511FAC •••••••• •••••••• • •• •• •• • •••••••• COSCO Fire Protection 4990 Greencraig Lane San Diego, CA 92123 (858) 444-2000 fax: 444-2056 State License No: C-16-577621 www.coscofire.com Attn: Robert Ferris City of Carlsbad Farmers Building -UG Pipe Replacement 5815 El Camino Real, Carlsbad, CA Backflow Scope of Work: May 13, 2021 • This proposal includes materials, tax, tools, equipment, design and labor, to install new C900 6" underground piping from the backflow to the building. • Scope of work includes: o Abandon existing 6" DI piping in place and run new C900 UG piping at a 36" minimum UG depth to the building and tie-in a new exterior riser feed to the existing feed main inside the building. o Shoring provided for trenches over 5' deep. o Removal/Dump fess of existing wet underground soil. o New underground piping to be C900 PVC pipe and a new concrete spool piece at building riser outside building. o Thrust blocks provided at change of direction and underground fittings. o Perform hydrostatic pipe test with city inspector to witness and sign-off. o Backfill trench with new sand bed and native soil. o Compact soil with hand held compactor. o Above ground piping for new system tie-in to be 6" Sch. 10 pipe. o Final inspection with Carlsbad F.D. • All work will be performed during normal working hours as one phase, 8am to 4:30pm. • Installation will be performed per NFP A. • Plans shall be revised & re-submitted to the City of Carlsbad Fire Department for approval. • City of Carlsbad pennit fees included. • Labor and material bond is included. Exclusions: • Soil Testing • Fire Protection Engineer • Working in areas with hazardous material, as defined by OSHA. • Working overtime, afterhours, during holidays, or weekends. • Any work associated with fire hose cabinets, Knox box, and extinguishers. • Fire watch while system to half of building is down. • Relocating or replacing existing building sprinkler system piping. • Draining fire sprinkler system by any other means than what existing conditions allow. • Disinfection of fire sprinkler system. • Repair or replacing landscape. • Replacing bushes removed for UG piping. Base Bid: $37,600.00 Thank you for the opportunity to provide this quotation. This quote is valid for 30 days and subject to COSCO Fire Protection's Terms and Conditions. Sincerely, Mark Kuz ~ /::0 Page 9 of 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 2,000,000 GLD1447204 Scott Pell X CHI-009209689-05 1,000,000 Includes Stop Gap X 22667 of Marsh USA Inc. Grand Rapids, MI 49503 N X01/01/2021 3 01/01/2022 sharon.vanvels@marsh.com ISA H25308128 B 2,000,000 2,000,000 X N/A ACE American Insurance Company 1,000,000 X 12/31/2020 SDiego 01/01/2021 Re: All Operations City of Carlsbad is/are included as additional insured where required by written contract with respect to General Liability. This insurance is primary and non-contributory over any existing insurance and limited to X PO Box 4668-ECM#35050 New York, NY 10163-4468 City of Carlsbad/CMWD liability arising out of the operations of the named insured subject to policy terms and conditions. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. A N/A CN108159189-MX-GAW-20-21 10,000 01/01/2022 1,000,000 2,000,000 41343 1,000,000 1,000,000 WLR C67810089 125 Ottawa Avenue NW Marsh USA Inc. Suite 400 Attn: grandrapids.certrequest@marsh.com X 4990 Greencraig Lane Cosco Fire Protection, Inc. San Diego, CA 92123 01/01/2021 c/o EXIGIS Insurance Compliance Services X X B Sharon Van Vels 01/01/2022 616-233-4335 HDI Global Insurance Company ACORD® I ~ I f--□ □ f-- f-- Fl □ □ f-- f--~ f--f-- f--f-- f--H I I I I I □ I IL A14001(06111 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT Tho Named 1nsufc.:1 is ancodod lo read as foJtows! MX HOLDl~GS. US INC. MINIMAX FIRE SCLUTIONS, INC. COSCO FIRE PROTECTIOl'I. INC. FLAr•,1EX, INC. CFP, ING. ,,~INU,1AX CHINA FIRE PROT£GTION SYSTEM, INC. Ll',11TE) FIRETROL P~OTECTION SYSTEMS CO .. CFP =1i:tE PP.OTECTIO\I SYST:MS, INC. DBAA~IZ(>NA FtRE ANO SECURIT"' KUSTER. LLC. FIRE CALL. INC. r 1neTnOL 1"'10TECTION SYSTEMS, INC. FIRETROL P=<OTECTION SYSTEMS, INC OtB/A ARIZONA FIRE a SECURITY PREDOMONT SOIJNO .!!., SIGNAL. INC. Ci:'P :1i;tE PROTECTIO\J, INC. All other tArm;; and c:c:nc!itic:ns remain th.; si:l'mi'!. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page1of1 IL A14001 (06 11) n>IICY NUmu,,r Gl.01447204 ENDORSEMENT HDI Global Insurance Company Nt!IU'.):J lnSUlb'd 1-lX n:L:.1:,1G~ :J'3 , ::,,::. EUu:.;Ovu Date: ::e:.-01 -2 ~ ·2:01 .O..M .. Stand~fj lirllO ~ent Name H:\R3U 'J!JA 1:-:c. OE' :-11 (G1'J.'.t1) Agent Ho. eo:.we2::i 30 This ~ndof818ftJf1nl Changes The Policy. Ples811 Read It Ctm1fuj/y, BLANKET ADDITIONAL INSURED •OWNERS, LESSEES OR CONTRACTORS · SCHEDULED PERSON OR ORGANIZATION CG20101001 VERSION AS PER THE \'\f UTTEN CONTRACT ilF 1\.0 ENTRY APPEARS ABOVE. INFORMATION REQlJIREO TO COMPLETE THIS ENOORSEfvlENT WILL BE SHOVlfT,J IN THE OECLARAT 01-JS AS APFLICABLE TO THIS ENCORSEMENT.j A SECTION 11.,.. Wl-10 IS AN INSUREC IS AlvlENDED TO 11\CLUOE AS J),N INSUr!ED Tl IE PEASOI\ OR ORGANIZATION SHOV/r.J IN THE SCHEDULE. BUT ONLY WITH RESPECT TO Ll.481UTY AAISING OUT OF YOUR :INGOING OPERATIONS PER=a=tMED FOR THAT INSURED. B. WITH RESPECT TO THE INSURANCE AFFORDED TO TM ESE ADDITIONAL INSUREDS. THE FOLLOWING EXCLUSION ISAOD:D: 2. Ex:CLUSIOI\S n llG lt!GURANCE DOES NOT A.PPL Y TO 'DO OILY INJURY• OR 'PROPERTY DAMAGE' O:CURRING AFTER; i i) ALL WORK. INCLUDlNG MAT:lllALS. PARTS OR EOUIPMHIT (,lJRNISHED IN C::>NNECTION V,HH SUCH WOR<. ON T~E PROJECT (OTHER THAI'! SERVICE. MAINTENANCE OR REPAIRS) TO BE FER FORMED BY OR ON BEHALF OF TME ADDITIONAL INSURED•:S: AT THE SITE OF Tl-IE: COVEflEO OPERA-IONS I-AS BEEN COMPLETED: OR J2'1 THAT PORTION OF ''YOUR V,JDRK"OUT OF WHICH THE INJURY o~J't:·::~~18'f ~~lf'¥1:!J~tJ[J& 1li ~W&b~~i 'bf s8J3~1i'r~~~~~R0e\GAoeo II\ 1-'l::HI-CHi•,tlNU 0 1'1:HA I IONt; HJH A 1-'HIN<.:IPAL At:; A ->AHi U • I HI: SAMb PROJ ECT. MAN-OL (01102) n>IICY NUmu,,r Gl.01447204 ENDORSEMENT HDI Global Insurance Company Nt!IU'.):J lnSUlb'd 1-lX n:L:.1:,1G~ :J'3, ::,,::. EUu:.;Ovu Date: ::e:.-01 -2 ~ ·2:01 .O..M .. Stand~fj lirllO ~ent Name H:\R3U 'J!JA 1:-:c . OE' :-11 (G1'J.'.t1 ) Agent Ho. eo:.we2::i 30 This ~ndof818ftJf1nl Changes The Policy. Ples811 Read It Ctm1fuj/y, BLANKET ADDITIONAL INSURED •OWNERS, LESSEES. OR CONTRACTORS· COMPLETED OPERATIONS CG 2037 1001 AS PER TME V,fllTTEN CONTRACT ilF SO ENTRY APPEARS ABOVE. INFORMATION REOIJIREO TO COMPLETE THIS i:NL'OHt:>l:.Ml:N I WILL 1:11: ~HU\f\Jl'\J IN I Ht: Ul::C.::LAHAI UN5 A~ Al-'~LICAULt I U I MIS ENDORSElvlENT .) SECTION II -v~o IS AN INSURED IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZAT ON SHOVJN IN THE SCHEDULE. 3l/T ONLY VJITH RES>ECT TO LIABILIT>' ARISING OUT OF '"(OUR WORK" AT THE LOCATION DESIGIMTED AND DESallBED IN TH: SCHEDULE OF -MIS ENDO ASEMEN1 PEA?'ORMED FOR TI-IAT INSURED AN) INCLOOEO IN THE 'P~OOUCTS--COlv1PLETED OPERATION$ MAZt ARD". MAN-OL (01102) Worker&' Compensation and Employers' Liability Policy fl.bml."J hw 11.'J &d'XtCIIIYJr ! N;:rbl.'.· DOC SCI.DI NGS US, I NC. 153 'IECRNOlOGY DRIVE Stll'IE 200 F'l:lic:: ~ml:c, I RVINE CA 92618 S;lrt:C'i: Wl.R N u·Mw C5781•)089 F<:lk}' Pl;rioit 01-01-2021 TO 01-01-2022 8 !<:~i-1(: 0;:h~ qi &1d1;cmoi:l'II 01-n -2n1 l~::tu:d ih• (N:nu~ nl' n::ur;un:<: Ch·n::;,:1•/1 ACE AMERICAN rRSIJRANCE COMPAIIY )lf.M ;~11 ~~I~, l'\U'l'lt.lt". n" ~m~rv."' ,;t 11111 lflfl'ltmlll 1:1'\ r~:,; !'Ill r.r.Mr.l~M! m~• wt.Y 11'\t. -'Wll!<Yl'4"!11nt I~ i:.~11¥1 fl..Ol:!"'l.<¥T. :<'I 'h,>tl'W""(l;\1,:l!n-f.l l!'oll r.r.1c; UTAH WAIVER OF SUBAOGA TION ENDORSEM ~T This endorsement .:'IP Plies c,nly to t 1e insuran,;e provide1 by the p,,licy be:.ause Utah is shown in Item 3.A. of the fnfonnation Pa1;e. We have the right :o recover our pa~·me:n1s from an-{one liable for an inju,y c:>vered by this policy. We will n:>t enforce our right asainst tt·e person or organization n;;med in tha Schedule. ("This ~-eE:ment app!ie!. only to the ex:ent tha you perform work under a written contract t'ial requires you to obtain t1·is agreement from us.) 1 his a;ireement s11a11 not opera:e a1rec:1y or 1nairect1y to oenet1: m~'0ne not nairea u-t ile scheju e. Our v,aiver <1f ri9h1s does not release your employees· r,gh1s against lhird parties ..ind C:Clf!$ ,m ralease our ,:uthor!ty as trus1ee or c1a1ms aga!rst tnlra pcrttes. Schodulc ANY FER SON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF EEt;UVl:RY 1H A WRfl IEN t:UN IRACI, PH.UV!Ut O SUCH CONIRAt:I WAS t Xt cu ·1t u PRIOR ·1u IHt DATE Of LOSS. •NC 43 J:l 0~ (10,\1\J:, Pl:i. in U.S.,\. 1 ~ Av!horill»'J A~·•!