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Hach Company; 2022-12-15; PWM23-1897UTIL
DocuSign Envelope ID: 7E7A025B-B1 FA-480E-91C8-ABD42DA62947 CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT PWM23-1897UTI L 5500SC AMMONIA MONOCHLORAMINE ANALYZER PURCHASE AND INSTALLATION AT MAERKLE RESERVOIR This agreement is made on the 15th day of December , 2022, 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 Hach Company, a Delaware corporation, whose principal place of business is Po Box 389, Loveland, CO 80539 (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: Andrew Wilson (CMWD Project Manager) PAYMENT. CMWD 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 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. 5500sc Ammonia Monochloramine Analyzer Purchase and Installation at Maerkle Reservoir Page 1 of 9 General Counsel Approved 1/20/2020 DocuSign Envelope ID: 7E7 A025B-B 1 FA-480E-91C8-ABD42DA62947 PWM23-1897UTI L 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 (5) 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: Heather Johnston 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 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. 5500sc Ammonia Monochloramine Analyzer Purchase and Installation at Maerkle Reservoir Page 2 of9 General Counsel Approved 1/20/2020 DocuSii;in Envelope ID: 7E7A025B-B1FA-480E-91C8-ABD42DA62947 PWM23-1897UTIL 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 ninety (90) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within one hundred eighty (180) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill JI/ Ill Ill Hach Company (name of Contractor) (Contractor's license number) (license class. and exp. date) PW-LR-1000930497 6/30/23 (DIR registration number & exp. date) 5500sc Ammonia Monochloramine Analyzer Purchase and Installation at Maerkle Reservoir Page 3 of 9 PO Box 389 (street address) Loveland, CO 80539 (city/state/zip) 858-732-2368 (telephone no.) gruano@hach.com (e-mail address) General Counsel Approved 1/20/2020 PWM23-1897UTIL 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 CARLSBAD MUNICIPAL WATER DISTRICT HACH COMPANY, a Delaware corporation By: By: (sign here) Heather Johnston, Vicki V. Quiram, General Manager, as authorized by the Executive Manager Sales Support& Bid Specialist (print name/title) By: (sign here) (print name/title) 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: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. C wi,t i-c. I'-. t-tc. tY,t..h o vi APPROVED AS TO FORM: eELIA A. B~cvVc~. General Counsel BY: ~ ,K.. ~ ,l'lcssistcr1,t General Counsel 5500sc Ammonia Monochloramine Analyzer Purchase and Installation at Maerkle Reservoir Page 4 of9 General Counsel Approved 1/20/2020 DocuSign Envelope ID: 7E7A025B-B1FA-480E-91C8-ABD42DA62947 PWM23-1897UTIL 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 HACH COMPANY, a Delaware corporation By: By: (sign here) Heather Johnston, Sales Support & Bid Specialist (print name/title) (sign here) (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 . .If....§ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: __________ _ Assistant General Counsel 5500sc Ammonia Monochloramine Analyzer Purchase and Installation at Maerkle Reservoir Page 4 of 9 General Counsel Approved 1/20/2020 DocuSign Envelope ID: 7E7 A025B-B 1 FA-480E-91 C8-ABD42DA62947 PWM23-1897UTI L 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: The Contractor must perform no less than 50% of the work with its own forces. 5500sc Ammonia Monochloramine Analyzer Purchase and Installation at Maerkle Reservoir Page 5 of 9 General Counsel Approved 1/20/2020 DocuSign Envelope ID: 7E7 A025B-B 1 FA-480E-91C8-ABD42DA62947 ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 12 PWM23-1897UTIL EXHIBIT B 5500sc Ammonia Monochloramine Analyzer Purchase and Installation at Maerkle Reservoir Quote No. 10078781 0v1. 5500sc Ammonia Monochloramine Analyzer Reagent Sets at Maerkle Reservoir Quote No. 100787802v1 JOB QUOTATION UNIT QTY DESCRIPTION PRICE 5500sc Ammonia Monochloramine Analyzer Purchase and Installation Quote No. 100787810v1. 5500sc Ammonia Monochloramine Analyzer, $27,904.80 EA 1 1 Channel; Part No. 5500.AMC.1.KTO WarrantyPlus SeNice Agreement includes: instrument $3,420.00 start-up, all parts, labor, and travel for one, factory EA 1 recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. Estimated Shipping and Handling (2 .5% of Item No. 1 $697.62 EA 1 net order value), FOB Origin, Freight Prepaid, Ship Complete EA 1 Sales Tax, 7.75% $2,162.62 SUBTOTAL $34,185.04 5500sc Ammonia Monochloramine Analyzer Reagent Sets Quote No. 100787802v1 Shipment 1, Reagent Set; Part No. 25233000 $284.48 EA 1 Shipment 2, Reagent Set; Part No. 25233000 $284.48 EA 1 Shipment 3, Reagent Set; Part No. 25233000 $284.48 EA 1 Shipment 4, Reagent Set; Part No. 25233000 $284.48 EA 1 Shipment 5, Reagent Set; Part No. 25233000 $284.48 EA 1 Shipment 6, Reagent Set; Part No. 25233000 $284.48 EA 1 Shipment 7, Reagent Set; Part No. 25233000 $284.48 EA 1 Shipment 8, Reagent Set; Part No. 25233000 $284.48 EA 1 5500sc Ammonia Monochloramine Analyzer Purchase and Installation at Maerkle Reservoir Page 6 of 9 General Counsel Approved 1/20/2020 DocuSign Envelope ID: 7E7A025B-B1FA-480E-91C8-ABD42DA62947 PWM23-1897UTI L ITEM UNIT QTY DESCRIPTION PRICE NO. Shipment 9, Reagent Set; Part No. 25233000 $284.48 13 EA 1 Shipment 10, Reagent Set; Part No. 25233000 $284.48 14 EA 1 Shipment 11 , Reagent Set; Part No. 25233000 $284.48 15 EA 1 Shipment 12, Reagent Set; Part No. 25233000 $284.48 16 EA 1 17 EA 1 Estimated Shipping and Handling for 12 Shipments $1,536.48 ($128.04 per shipment) Sales Tax, 7.75% (12 shipments) $271.18 18 EA 1 SUBTOTAL $5,221.42 GRAND TOT AL NOT TO EXCEED* $39,406.46 - *Includes taxes, fees, expenses and all other costs. 5500sc Ammonia Monochloramine Analyzer Purchase and Installation at Maerkle Reservoir Page 7 of 9 General Counsel Approved 1/20/2020 DocuSign Envelope ID: 7E7A025B-B1FA-480E-91C8-ABD42DA62947 EXHISITC LA~OR AND MA:'TEA.IALS BOND PWM2S-1897UTIL BOND NtJMBER: to7676732 VVHEREAS, the Board of Directors-ofihe GarlS~ad Municipal Water District has awarded to Hao.h Company (hareinafter designated as \he ''Principal"), a c·ontract for: 6500SC AIVIMQNiA MONOCHLORAMINE ANAL YZl;R PURCHASE AND INS1AL;LATION' irr the City of Carlsl;,~d; i.n strj~t conformity with the drawings etnd ~pecificatiohs. -and 0th.er Contract bocumi;mts now oilfileiri,the Office of the Cl{y Clerk oftheCi_ty-ofCarlsbad and all of which are inc_orporated hereln by this r_eferenpe. - WHEREAS1 Principal has executed or is about to execµte $aid Contract and the terms thereof require the fornishlhg of a bond,,ptovlding thatif Principal·orany ofits 5'ube,o.ntractors shall fail ta payfor .my materials, provisions, pro11et:1der or other supplies or teams used in, upon or about the performance ofthe work: agreed to be done; er for any work or labor done thereon Qf any kfnd, the su·refy cin this bond wili pay the same to th~ extent hereinafter set forth, NOW;.THEREFQRE, WE,. Hach company; as Ptincipal; (heteihafter designated as the •icontracto~;), and Trave.lers Casualty and S.urety Company of America . as, s_urety, are held:firmly, bound' unte> CMVVD in tt,e sum of tlilrty~rilne thousa-nd four hundred six dolfars and forty~si;ic c~nts . ($39;408"46)',, said sumb(;!lng ar.t arnount equal fu: 100% of the total ,amount payablt;i under thtf terms ofthe Contract by the City of Carlsbad, al'.'1\:i for which pay1nent well amt truly to be rnade we bing ourselv~s. our heirs, executors,and administrator!:>, successors; or assigns; Jointly and severally, firmly by these, presents. THE CONDITION OF THIS OBLIGATION IS SUCH that ifthe Contractor or his/h~r subcontri¼ctors fail to pay; for any m.;,iteric1ls, provisions, provender1$upplies; or teams used in, upon, for, orc1bouUhe performance of th.e war~ contracted' to be done1 or for any other work or labor thereon of any kind; consistent with Califor11fq Qivil Cod~ se_ction 9100, or for amounts.due under the Un~mployment Insurance Code with respeqt to the Work or labor performed under this Contra.ct,. or fc;ir any amounts required to be deducted, withheld, and paid over to the EmploymentDevelopment Department frcirT:i the wages of employees of the contractor ahd subce:intractors pursuant to section 13020 of the Urietnptoyment Insurance, Code with resp\;lct to th$ work and labor1 that:fhe;-Surefy wilJ pay for the sam~, and·, also, in c~e suit is brought upon the. bo('id, reasonable attorney's fees,. to be fixed by tbe coL1rt. c:olislstentwith California Civil Code. section . 9554. This bond shall lnure to the benefit of any of the· persons namecl lr.i California Civil Code section 9100, so a1;1 to giyea rF9htof actiol'1 to those, persons ortheir a~signs in any suit brou!;lht upon the: bond. · Soret~/ stipulates. and agrees that no change; ~ten~ion 9f time; ~ft(\!ration or addition to the terms of fhe Contr,;1ct; or to the work to be performed hereunder or the specifications accompanying the .sam~ $1:lall aff¢ct its obllgatlbns. on this borid', and it does hereby waive-notice of any change; extension of timEii; alterations or addition to the terms oHlie contract or to t)1e work or to the specifications·. · · · 5500sc Ammonia M9no~hloramlne Analyzer Purchase and Installation at.Maerkle Re:a~rvcilr Page 8 of 9 General Counsel APJ.iroved ·112012.02Q ___ ,----~ ---- DocuSi~n Envelope ID: 7E7 A025B-B 1 FA-480E-91 C8-ABD42DA62947 PWM23-1897UTIL 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_6_t~h ____ day of __ S_e~p_te_m_b_e_r ______ , 20_2_2_ Travelers Casualty and Surety _H_a_ch_C_o_m_,_p_a_n..._y _______ (SEAL) _C_o_m_._p_a_n_._y_o_f _A_m_e_ri_c_a _____ (SEAL) (Principal) (Surety) By: /} '·(k,,;~i l :•/?n_~:_-iA' o., r,,?•~i) By: ~ V. &t:«444 (Signature) (Signature) !>\ r I 1 -1 l , JU --\-1' .. i' . ,. ft( r ,v, . ? .. \1 ;·, \: ,1 ,_.Ana W. Oliveras, Attorney-in-Fact \. .v'1r ·f ,q ·I,_; .... f ,,/: P' ---~1 1 ~,. ---~C <;)' . ..J·v, ... -------------- (Name/Title) ·-1 (Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: GELIAA. l!Ri lJl.!leR C ~r\.c:il.,·~ I:::. M,c:J•-\a,"'c,""1 General Counsel By: ~ /C. /41~ &o:;;iitant General Counsel 5500sc Ammonia Monochlornmine Analyzer Purchase and Installation at Maerkle Reservoir Page 9 of9 General Counsel Approved 1/20/2020 State of Florida County of Palm Beach T certify that I know or have satisfaclory evidence that Ana vV. Oliveras signed this document_: on oath stated that he/she was authorized to sign the document and aclmowledged it as the agent or representative of the named surety company, which is authorized to clo business in the State of California for the pmvoses mentioned in this document. Dalee! on September 26, 2022 Signature of Notary Camille M. C1-tJz My commission expires August 5, 2025 DocuSign Envelope ID: 7E7A025B-B1FA-480E-91C8-ABD42DA62947 .... TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make; constitute and appoint Elizabeth A. Harlzber11 of Pittsburgh , Pennsylvania their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut By: City of Hartford ss. On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. .• •;:i\?r:ot, (/4 ~~ 1"'~'-r-'•\. It. {•~ t:N~;• ,,"; ~,te; . . , r-o"'-10 }' ---~~~~A~n-n~a_P ___ N_o_w-ik-, -N-o-ta_r_y_P_u_b_l-ic ____ _ ~--~~· IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to on€! or more.officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which ii is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 26th day of. September 2022 t Kevin E. H1JQhes,Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named A ttorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-06/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER CONTACT Justin Llizo MARSH USA INC. NAME: PHONE 202-258-5895 I FAX 202-263-7700 1050 CONNECTICUT AVENUE, SUITE 700 IA/C No Extl· IAJC Nol: WASHINGTON, DC 20036-5386 E-MAIL Justin.Llizo@marsh.com Attn: Danaher.certrequest@marsh.com Fax (212) 948:0503 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# CN102997607-ALL.-7 /1.-22-23 HACH NO INSURER A: ACE American Insurance Company 22667 INSURED INSURER B : ACE Property and Casualty Insurance Company 20699 HACH COMPANY 5600 LINDBERGH DRIVE INSURER C : Indemnity Ins Co Of North America 43575 PO BOX389 LOVELAND, CO 80539 INSURER D : ACE Fire Underwriters Insurance Comoanv 20702 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-005379500-34 REVISION NUMBER: 16 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 ADPL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n lwvn POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY HOO G7248521A 07/01/2022 07/01/2023 EACH OCCURRENCE $ 2,000,000 ~ D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 2,000,000 X Contractual Liability MED EXP (Any one person) $ 10,000 X Broad Form PD PERSONAL & ADV INJURY $ 2,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 ~ □PRO-□LOG $ 5,000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY ISA H25561156 07/01/2022 07/01/2023 fOMBINED SINGLE LIMIT Ea accident) $ 5,000,000 -X ANY AUTO ....._..._._,.n .-., .. !!ODIL Y INJURY (Per person) $ --OWNED SCHEDULED ·•irjJ ,. AUTOS ONLY AUTOS ;BODILY INJURY (Per accident) $ --HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accidentl $ -- $ t! X UMBRELLA LIAB M OCCUR XEUG71535290 004 07/01/2022 07/01/2023 EACH OCCURRENCE $ 5,000,000 - EXCESSLIAB CLAIMS-MADE AGGREGATE $ 5,000,000 OED I I RETENTION $ $ C WORKERS COMPENSATION WLR C68919125 (AOS) VI/VI/LULL 07/01/2023 X I ~t:TUTE I I OTH- AND EMPLOYERS' LIABILITY ER A Y/N WLR C68919083 (CA, MA, AZ) 07/01/2022 07/01/2023 ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 2,000,000 D OFFICER/MEMBER EXCLUDED? N/A 07/01/2022 07/01/2023 (Mandatory in NH) SCF C68919162 (WI) E.L. DISEASE -EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THE CITY OF CARLSBAD IS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION) ONLY AS REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. - CERTIFICATE HOLDER CANCELLATION CARLSBAD MUNICIPAL WATER DISTRICT-CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: CONTRACT ADMINISTRATION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 FARADAY AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. CARLSBAD, CA 92008 AUTHORIZED REPRESENTATIVE I ~USAeJ~. © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: .HDO G7248521A 1 Endorument Number: 3 COMMERCIAL GENERAL LiABILITY ". . . . CG2Q101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEA.SE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILllY COVERAGE PART SCHEDULE Name Of Addltlonal Insured Person(s) Or Omanlzatlonlsl Location(&} Of Covered Oneratlons Any Owner, Lessee ot Contractor whom you have All locations where you are performing ongoing agreed to include as an additional insured .under a operations for such ·additional insured pursuant tQ any written contract, provided such c.ontract was executed such written contract. prior to 1he date of loss. ··. 1 ·-· f<'(, . .ll-4 • 111 11-4 Information required to complet~ U,is 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 nbodily injury•, wproperty damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; · in the performance of your ongoing operations for the additional insured(&) et the location(&) designated above. 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 additional exclusions apply: This insurance does not apply to. "bodily injury" or nproperty damage• occurring after: · 1. All work, including materials, parts or equipment fUmiahed in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or · 2. That portion of "your .work" out of which the injury or damage arises has been put to its intended use by any person or organization other then another contractor or subcontractor engaged in performing operations · for a principal as a part of 1he same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section 111-Limits Of Insurance: If coverage provided · to U,e ~dditional · insured is required by a c;ontract or agreement, the most we CG20101219 @ Insurance Services Office, Inc., 2018 Page 1 of; 0214-01-00-0005015-0002-0014802 POLICY NUMBER: HDO G7248521A 1 Endorsement Number: 4 COMMERCIAL GENERAL LIABILITY CG20 371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS. LIABILITY CQVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanlzatlon(s) Location And Descrlntlon Of Comnleted Oneratlons Any person or organization whom you have agreed to All locations where you perform work for such include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. lnformati<m 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 organiz:ation(s) shown iii the Schedule, but only with respect to liability for Rbodily injury" or Rproperty damage• caused, in whole or in part, by Ryour workR at the location designated and dest::ribed in the Schedule of this endorsement performed for that additional insured and included in the •products-completed operations hazardn. 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 insur~ is required by a contract or agreement, the insurance afforded to such additional insured will not· be broader thari 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; whicl")ever is less. This endorsement shall not increase the applicable limits of insurance. CG20371219 @ Insurance Services Office, Inc., 2018 Page 1 of· 0214-01 -00-0005015-0003-0014803