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HomeMy WebLinkAboutSeaside Heating & Air Conditioning Inc; 2023-10-03; PWM24-2289FACDocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B 3rd October PWM24-2289FAC CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SAFETY TRAINING CENTER SHOOTING RANGE HEPA FILTER REPLACEMENTS This agreement is made on the ______ day of __________ _, 2023, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Seaside Heating & Air Conditioning, Inc., a California corporation, whose principal place of business is 1359 Rocky Point Drive, Oceanside, California 92056 (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, exh ibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction "Greenbook," latest edition and including all errata; Part 1 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. STC Shooting Range HEPA Filter Replacements Page 1 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B PWM24-2289FAC 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. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System . This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at • http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the on line training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Proco re and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 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. STC Shooting Range HEPA Filter Replacements Page 2 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B PWM24-2289FAC 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 the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: 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 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' COM PENSATION AND EM PLOYER'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. BUSIN ESS 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. STC Shooting Range HEPA Filter Replacements Page 3 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B PWM24-2289FAC 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 thirty (30) working days after commencing work. CONTRACTOR'S INFORMATION. Seaside Heating & Air Conditioning, Inc. (name of Contractor) 790514 (Contractor's license number) C-20, C-38, C-4 1/31/2025 (license class. and exp. date) 1000005586/ 6/30/2025 (DIR registration number/exp. date) [signatures on following page] STC Shooting Range HEPA Filter Replacements Page 4 of 11 1359 Rocky Point Drive (street address) Oceanside, CA 92056 (city/state/zip) 760-643-1100 (telephone no.) cb@seasidehvac.com (e-mail address) City Attorney Approved 8/15/2023 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B PWM24-2289FAC 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 act ual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR SEASIDE HEATING & AIR CONDITIONING, INC., Jimmie Sebring, President and Secretary (print name/title) By: (sign here) Charles Balcar, Chief Financial Officer (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !i..2 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: CINDIE K. McMAHON, City Attorney BY: bitM., ftunv~ Deputy City Attorney STC Shooting Range HEPA Filter Replacements Page 5 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B PWM24-2289FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor 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 Type of Work Business Name and Address DIR Registration License No., %of to be No. & Exp. Date Classification & Total Subcontracted Exp. Date Contract 0 Total% Subcontracted: --~o~--- The Contractor must perform no less than 50% of the work with its own forces. STC Shooting Range HEPA Filter Replacements Page 6 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B PWM24-2289FAC EXHIBIT B Safety Training Center Shooting Range HEPA Filter Replacements Contractor to provide all material, tools and labor requried to remove and replace all HEPA rated, third stage filters on the air handlers that serve the 25 yard and 100 yard shooting ranges at the Carlsbad Safety Training Center located at 5750 Orion Street, Carlsbad 92010. All work to be consistent with the contractors proposal dated May 25, 2023 and is attached to this agreement as Exhibit D. Notes: ITEM NO. 1 1 Contractor to coordinate and schedule the work with the facility supervisor. Contractor to safely remove, save and reinstall the first and second stage filters as part of the scope of work. Contractor to verify operation prior to completing the project. Contractor to employ good housekeeping practices during the course of work, and shall leave the work area in a clean and workmanlike manner. Contractor is responsible for ensuring the work is done safely, and complies with all OHSA and Hazardous Material Handling requirements. JOB QUOTATION UNIT QTY DESCRIPTION PRICE LS 1 Replace shooting range third stage HEPA filters $27,701.00 LS 1 Labor & Materials Bond $800.00 TOTAL* $28,501.00 *Includes taxes, fees, expenses and all other costs. STC Shooting Range HEPA Filter Replacements Page 7 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B EXHIBIT( LABOR AND MATERIALS BOND PWM24-2289FAC Bond No. 100117707 Premium: $855.00 Subject to Change Based on the Final Contract Price WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Seaside Heating and Air Conditioning, Inc. (hereinafter designated as the "Principal"), a Contract for: SAFETY TRAINING CENTER SHOOTING RANGE HEPA FILTER REPLACEMENTS 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, Seaside Heating & Air Conditioning, Inc., as Principal, (hereinafter designated as the "Contractor"), and Merchants Bonding Company (Mutual) as Surety, are held firmly bound unto the City of Carlsbad in the sum of twenty-eight thousand, five hundred one dollars ($28,501.00), 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. STC Shooting Range HEPA Filter Replacements Page 8 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B PWM24-2289FAC 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. This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this ~Bt~h ___ day of ___ ~S~e~pt=e~m=b~er~------' 2023 Seaside Heating & Air Conditioning, Inc. (SEAL) (Principal) By:~~~- (Signature) Merchants Bonding Company (Mutual) (SEAL) (Surety) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: Deputy City Attorney STC Shooting Range HEPA Filter Replacements Page 9 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On ____ S_E_P_0_8_20_23 ____ , before me, __ A_l_be_rt_M_e_le_n_d_ez ___ _,_--'N'--'-"-ot=ac=...ry--=-P"""u-=-bl=ic.c..., personally appeared Christina Rogers who proved to me on the basis of satisfactory evidence to be the person(.l~:) whose name(:l<:) is/alte subscribed to the within instrument and acknowledged to me that We/she/tl~y executed the same in lis/her/tWeir authorized capacity(i~s), and that by ~s/her/thtMr signature(~ on the instrument the person(:x:), or the entity upon behalf of which the person(}() acted, executed the instrument. I ce1tify under PENAL TY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ············~ ,. ,. , ALBERT 11\ELEMDt:I J ~a-~otary Public· California g l 1 _. : Oran1c County ~ z ~/ Commission " 2391•61 ~11\yC<>IT'rr. Ex:ihsJar. 23. 2026 PLACE NOTARY SEAL ABOVE WITNESS my hand and 1 o~ficl l ~ea!./ s1GNATURE _____ VV __ v __ \../------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: _________________________ _ Document Date: _________________ Number of Pages: _______ _ Signer(s) Other than Named Above: _____________________ _ DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B MERCHANTS BONDING COMPANY,.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL} and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Albert Melendez; Christina Johnson; Christina Rogers; Erik Johansson; Frances Lefler; Jennifer Anaya; Joaquin Perez; Melissa Lopez their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of January , 2023 .. •··{,oiii~•····· .. ·,;6• ca;~• MERCHANTS BONDING COMPANY (MUTUAL) •••~~ ......... ._I.~••• • • ~'v ......... •r,,o"• MERCHANTS NATIONAL BONDING, INC. l":) /of/.POfi;,•· .. o\ ."l:Q<::)_.·c::,V.PO//;;•.-f;•. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY :":"<:.J ~·.-1-~ •• c:., .-"' • ..L• ~ -~:~ -o-c,:o-•c.:i;;;e f1"• • ;;~.-2003 }iE :i .. -1-9°3~ 0 J~: ~ ~~ ~ (.) •. :,.':>: •• ~.;. : ~--By •••~••.. /, ... • v~. •~C::-• STATE OF IOWA COUNTY OF DALLAS ss. ••.~J~:·•·········:"r;,~ •• • •• ".:I~·----··\"\ •• President ·•:--." * ,,•• . . . * .• •······ ·····• •....•• On this 6th day of January 2023 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim lee Commission Number 700737 My Commission Ex!J(tes ¾Jril 1'4, 2024 (Expiration of notary's commission does not invalidate this instrument) ~ fuv Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of September ,2023 . v~~.fi- Secretary POA 0018 (10/22) DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B MERCHAN~ BONDING COMPANYr,., MERCHANTS BONDING COMPANY (MUTUAL)• P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 ADDENDUM TO BOND This Addendum is in reference to the bond(s) to which it is attached. Merchants Bonding Company (Mutual) ("Merchants") deems the digital or electronic image of Merchants' corporate seal below affixed to the bond(s) to the same extent as ifa raised corporate seal was physically stamped or impressed upon the bond(s). The digital or electronic seal below shall have the same force and effect as though manually fixed to the bond(s). All terms of the bond(s) remain the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) By /2+7-,L Larry Taylor, President DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B CALIFORNIA 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. 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. INNA SACCOMAN COMM. #2412862 z Notary Public • California ~ San Diego County - Comm. Expires Aug. 13, 2026 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ----~-------------- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docull)ent /? ,,,/ ff') _ _ / Title or Type of Document: __ L_a_~_10_~ __ a,_(l_vr __ f}1 __ Q_f _£_µ,_'_O_l._J' __ l~ __ n_Vf ____ _ Document Date: ______________________ Number of Pages: ./ £ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) ClaW)ed by Signer(~) Signer's Name: ~ f!fl/ l-e f f".)ol. <:!..Ct/I.... Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: __________ _ Signer is Representing: _________ _ ©2019 National Notary Association DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B Seaside Heating & Air Conditioning Inc. 1359 Rocky Point Dr. Oceanside, CA 92056 Phone# 11 Fax# 760-64:l-I I 00 ][ 760-842-5642 Lie. //7905 14 5750 Orion Streel Cnrlsbnd, CA 92010 Description Proposal to rep Ince Hepa Filters for the 25 and J 00 yard range5. EXHIBIT D Job Location 5750 Orion Streel Carl ·bad, CA 920 I 0 ( 19) ndhp I 2a24a 11 kccuud-uaaa-ann I 2x24xl 1-1,'2 99.99%, lligh Volume (2000CFM) Polystyrene Ph1stic Fmmc, Wet Lnid Gl..1s.s ~·1edia, BX (21) ndhp24a24a 11 kceaad-naan-aaa 24x24x 11-112 99.99%. High Volume (2000Cf-M) Polystyrene Plastic Frame, Wet Laid Glass Media, BX Prevailing Wage Lnbor $4,620.00 Materials $2 I ,J72 Tax $1,709.00 Bond $800.00 Total $28,50 I PURCHASER'S ACCEPTANCE: I Total By: Date: STC Shooting Range Hepa Filter Replacements Page 10 of 11 PWM24-2289FAC Proposal Date Proposal # 5/Z5i2023 5558 Rep CB Total 28.501.00 $28.501.00 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B Engineered Filtration HVP HEPA FILTER Syste ms Description EFS HVP (High Volume Plastic) HEPA Filters are designed specifically for critical applications that require high efficiency particulate air filtration. Mini-pleated wet laid microglass provides the ultimate in dependable filtration. High efficiency V-bank style media packs result in a low pressure drop and energy conservation. Typical applications for the EFS HVP HEPA include clean room environments, hospitals and pharmaceuti- cal faci lities, semiconductor and electronics manufac- turers, medical and laboratories and precise testing facilities, and other critical applications. EFS HVP HEPA filters have over 425 ft2 of media providing a longer fllter life. The significant media area provides an extremely low media velocity assuring a overall efficiency of 99.99% at 0.30 µm. Resistance Curve Features Airflow Rate (m3/h) 1/~I 1 High-Efficiency Filtration (99.99%) Extended Media Area (425 s.f.) Mini-Pleated Wet Laid M1croglass Light Weight, Easy to Handle, Durable ABS Plastic Frame For Critical Particulate Filtration Low Pressure Drop & Energy Conservation SIZE WEIGHT MEDIA AREA 24" X 24" X 11111" 26 lbs. 425 rt' 12" X 24'' X 11112" 13 lbs. 169 ft2 2Jl/S" X 2]lJ8•1 X 1 1112" 26 lbs. 398 ft2 111111" X 2]3/1" X 11112" 33 lbs. 157 ft2 g-n il ,, L ,\ A11f1,;iw f( 99.99% -HC MODEL NO, EFFICIENCY AIRFLOW RESISTANCE FP·Hl 3HEPA·2424115·WG 99.99%@ 0.3 micron 2000 elm .91" w.c. FP-HIJHEPA-2323115-WG 99.99%@ 0.3 micron 2000 cfm .98" w.c. _ (rftn) 95% DOP -HC PWM24-2289FAC I• Durable Plastic Handles For your neore I dealer call: 1.800.796.4EFS (4337) EnglneeredFiltrationSystems.com STC Shooting Range Hepa Filter Replacements HVP Engineered !Fi ltration HVP HEPA FILTER Systems Page 11 of 11 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) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/15/2023 Burnham WGB Insurance SolutionsCA Insurance License 0F6977115901 Red Hill AvenueTustin CA 92780 Bobbie Mace 714-824-8373 714-573-1770 Bobbie.Mace@wgbib.com Middlesex Insurance Co 23434 SEASI-1 Insurance Company of the West 27847Seaside Heating & Air Conditioning, Inc.1359 Rocky Point Dr.Oceanside CA 92056-5864 256209444 A X 1,000,000 X 100,000 X 1,000 5,000 1,000,000 3,000,000 Y Y A0112596004 9/18/2023 9/18/2024 2,000,000 A 1,000,000 X X X X Comp $500Ded X Coll $500Ded Y Y A0112596001 9/18/2023 9/18/2024 A X X 5,000,000YA01125960049/18/2023Y 9/18/2024 5,000,000 X NIL B XYWSD5025920093/1/2023 3/1/2024 1,000,000 1,000,000 1,000,000 City of Carlsbad/CMWD, its officers, officials, employees, agents and volunteers are named as additional insured on the General Liability per attached CG 2010 04 13 and CG 20 37 04 13 as required by written contract subject to the terms and conditions of the policy. Waiver of Subrogation applies to the Workers'Compensation per attached WC 99 06 34. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I © Insurance Services Office, Inc., 2012 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage All locations and jobs performed that have a written contract, agreement or permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - 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. A0112596004 Page 1 of 1CG 20 37 04 13 08/27/2021A0112596 Middlesex 00001 0000000000 21239 0 N1 516336ea-c79d-45f3-a59f-97b4065b9ef0516336ea-c79d-45f3-a59f-97b4065b9ef0 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B Page 1 of 2CG 20 10 04 13 08/27/2021A0112596 Middlesex POLICY NUMBER: © Insurance Services Office, Inc., 2012 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage All locations per written contract, agreement or permit Description: All jobs performed that have a written contract, agreement or permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 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 "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. A0112596004 00001 0000000000 21239 0 N1 164f821b-f71f-4cd7-8d0d-f4092c341581164f821b-f71f-4cd7-8d0d-f4092c341581 DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B C.With respect to the insurance afforded to these additional insureds, the following is added to Section III - 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. © Insurance Services Office, Inc., 2012 CG 20 10 04 13Page 2 of 2 08/27/2021A0112596 Middlesex DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B WORKERS COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 2% of the total California Workers’ Compensation premium otherwise due. Schedule Person or Organization Job Description Policy Number: WSD 5025920 09 Insured: Seaside Heating & Air Conditioning Inc Endorsement Effective: 03/01/2023 Coverage Provided by: Insurance Company of the West Issue Date: 02/16/2023 Countersigned by: WC 99 06 34 (Ed. 8-00) Any person or organization when required by written contract. All California operations DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B DocuSign Envelope ID: 66CEE506-D926-4A21-B6A8-595DAB098E9B I._ • CALIFOR:NIA ' DEPARTMENT OF IN.SURANICE I I