Project 126 - Contract - Grgo & Gordon Grbavac Const. - 1993-09-16 FROMM' NAME RECONSTRUCTING VARIOUS SEWER LINES
PROJECT NO 1112100-126
A G R E E M E N T
THIS AGREEMENT is made and entered into by and between the COSTA MESA SANI-
TARY DISTRICT a district formed pursuant to the Sanitary District Act of 1923
hereinafter called 'DISTRICT' and GRGO/GORDON GRBAVAC CONSTRUCTION CO INC.
hereinafter called 'O NTRACZOR'
RECITAL S.
DISTRICT has taken appropriate proceedings to authorize construction of the
public work and improvements herein provided and execution of this contract.
On September 16 1993 after notice duly given, the DISTRICT BOARD
awarded the contract for the construction of improvements hereinafter described to
CONTRACTOR, which CONTRACTOR said BOARD found to be the lowest responsible bidder
for construction of said improvements
TERMS
The parties hereto agree as folows
1 SCOPE OF WORK
CONTRACTOR shall perform the work described briefly as follows
Reconstruction of various sewer lines
The aforesaid improvements are further described in the 'Contract Documents
hereinafter referred to.
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2 CONTRACT DOCMENTS
The complete contract consists of the following documents
This Agreement Notice Inviting sealed Proposals the Accepted Bid, the
complete plans profiles detailed drawings and specifications Faithful Performance
Bond r bnr and Material Bond and Guarantee Bond Insurance Documents and all
addenda setting forth any modifications or interpretations of said documents.
All rights and obligations of DISTRICT and CONTRACTOR are fully set forth
and described in the Contract Documents.
The terms of this Agreement shall prevail over all written specifications
except as provided for in any 'Addendum' attached hereto.
All of the above named documents are intended to cooperate so that any
work called for in one, and not mentioned in the other or vice versa, is to be
executed the sane as if mentioned in all said documents The documents comprising
the complete contract will hereinafter be referred to as the 'Contract Documents'
3 SCHEDULE
All work shall be performed in accorance with the schedule approved by
DISTRICT ENGINEER and under his direction
4 EQUIPMENT - PERFORMANCE OF YORK
CONTRACTOR shall furnish all tools equipment, apparatus facilities
labor and materials necessary to perform and complete in a good and workmanlike
manner the work of general construction as called for and in the manner designated
in and in strict conformity with, the plans and specifications for said work which
said specifications are entitled.
The equipment apparatus facilities labor and material shall be fur-
nisned and said work performed and completed as required in said plans and specifi-
cations to the satisfaction of and subject to the acceptance of the DISTRICT
ENGINEER or his designated assistant
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5 CONTRACT PRICE
The contract price shall be Ninety Thousand Throc Hundred Fifty
($90 350 00) Dollars
($ 90 350 00 ) with adjustments up or down in accordance with bid unit
prices finally calculated by CONTRACTOR and DISTRICT
6 TIME OF PERFORMANCE
The time fixed for the carmencement of such work is within ten
( 10 ) days after the date of the contract and to tatpletp, said work within
sixty ( 60 ) working days from the first day of
carnencement of such work.
7 TIME OF PERFORMANCE - EXTENSION
If such work be not completed within such time, the DISTRICT BOARD or its
designee shall have the right to increase the number of working days in the amount
it may determine will best serve the interests of DISTRICT and, if it desires to
increase said number of working days it shall have the further right to charge to
CONTRACTOR and deduct from the final payment for the work the actual cost of
engineering construction review and other overhead expenses which are directly
chargeable to CONTRACTOR and which accrue during the period of such extension,
except that the cost of the final service and preparation of the final estimates
shall not be included in such charges provided however that no extension of time
for the completion of such work shall ever be allowed unless at least twenty (20)
days prior to the time herein fixed for the catipletion thereof or the time fixed
by the DISTRICT BOARD or its designee for such completion as extended CONTRACTOR
shall have filed application for extension thereof in writing with the DISTRICT
MANAGER/ENGINEER addressed to the DISTRICT BOARD and its designee. Said applica-
tion shall be made pursuant to the requirements of Sections 20104 through 20104 8
Public Contracts Code
In this connection it is understood that the DISTRICT MANAGER/ENGINEER
shall not transmit any such request to the DISTRICT BOARD if not filed within the
time herein prescribed.
8 OPTION OF DISTRICT TO TERMINATE
AGREEMENT IN EVENT OF FAILURE TO COMPLETE
IfRACIgR shall have refused or failed to prosecute the work or any
severable part thereof with such diligence as will insure its completion within
the time specified, or any extensions thereof or shall have failed to complete
said work within such time, or if CONTRACTOR should be adjudged a
CONTRACTOR should make a general bankrupt,. or if
assignment for the benefit of CONTRACTOR'S credi-
tors or if a receiver should be appointed in the event of
or if CONTRACTOR's insolvency
�, or any subcontractor should violate any of the provisions of
this Agreement the DISTRICT MANAGER/ENGINEER or the DISTRICT BO A
RD may give writ-
ten notice to CONTRACTOR and CONTRACTOR S sureties of the intention to terminate
this Agreement and, unless within five
(5) days after the serving of such notice,
such violation shall cease and satisfactory arrangements for the correction thereof
be made this Agreement may at the option of DISTRICT upon the expiration of said
time, cease and terminate
9 LIQUIDATED DAMAGES
In the event CONTRACTOR for any reason shall have failed to perform
the work herein specified within the time herein requires and to the satisfaction
of DISTRICT ENGINEER, DISTRICT may in lieu of
any other of its rights authorized
by Paragraph 8 of this Agreement deduct from payments or credits due CONTRACTOR
after such breach a sum equal to Two Hundred Fifty ($250 00) Dollars as liquidated
damages for each day beyond the
date herein provided for the completion of such
work. This sum is established pursuant to Section 53069 85 of the Government Cade
and is deemed by the parties hereto to be a reasonable amount
10 PERFORMANCE OF SURETIES
In the event of any termination as hereinabove provided, the DISTRICT
shall immediately give written notice thereof to
ties CONTRACTOR and CONTRACTOR S sure_
and the sureties shall have the right take over and perform the Agreement
provided however that if the sureties within five (5) days after giving them
said notice of termination, do not give DISTRICT written notice of their intention
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to take over the performance of the Agreement and do not camence performance
thereof within five (5) days after notice to the DISTRICT of such election, DIS-
TRICT may take over the work and prosecute the same to completion by contract or
by any other method it may deem advisable for the account and at the expense of
CONTRACTOR and the sureties shall be liable to DISTRICT for any excess cost or
damages occasioned DISTRICT thereby and in such event, DISTRICT may without
liability for so doing take possession of and utilize in completing the work,
such materials appliances, plant and other property belonging to CONTRACTOR as
may be on the site of the work and necessary therefor
11 DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respetling the true value of the work done, of
any work omitted, of any extra work which CONTRACTOR may be required to do, or
respeLLing the size of any payment to CONTRACTOR during the performance of this
Contract such dispute shall be decided pursuant to Section 20104 through 20104 8
Public Contracts Code, as the same is now in force and as the same may be amended
fran time to time.
12 PERMITS - COMPLIANCE E WITH LAW
CONTRACTOR shall at CONTRACTOR'S expense obtain all necessary permits
and licenses for the construction of each improvement, give all necessary notices
and pay all fees and taxes required by law
13 SUPERINTENDENCE BY CONTRACTOR
CONTRACTOR shall give personal superintendence to the work on said im-
provement or have a carpetent foreman or superintendent satisfactory to the DIS-
TRICT ENGINTEER on the work at all times during progress with authority to act for
him.
14 INSPECTION BY DISTRICT
CONTRACTOR shall at all times maintain proper facilities and provide safe
access for inspection by DISTRICT to all parts of the work and to the shops wherein
the work is in preparation
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15 EXTRA AND/OR ADDITIONAL WORK OR CHANGES
Should DISTRICT at any time during the proyLess of said cork request any
alteratons deviations additions or omissions from said specifications or plans
or other contract documents it shall be at liberty to do so, and the same shall in
no way affect or make void the Contract, but will be added to, or deducted from the
amount of said contract price, as the case may be by a fair and reasonable valua-
tion Request for such change must be made in writing signed by the DISTRICT
ENGINEER, shall be accompanied by plans and specifications for such purpose and
shall be accepted in writing by CONTRACTOR.
16 INSP 'PION AND TESTING OF MATERIALS
CONTRACTOR shall notify DISTRICT a sufficient time in advance of the
manufacture or production of materials to be supplied by CONTRACTOR under this
Contract in order that DISTRICT may arrange for mill or factory inspection and
testing of same
Any materials shipped by CONTRACTOR from factory prior to having satis-
factorily passed such testing and inspection by DISTRICT'S representative shall not
be used on said improvement unless CONTRACTOR is previously notified by DISTRICT
that such testing and inspection will not be required.
CONTRACTOR shall also furnish DISTRICT in triplicate certified copies
of all required factory and mill test reports
17 PERMITS AND CARE OF THE WORK
CONTRACTOR has examined the site of the cork and is familiar with its
topography and condition location of property liens easements building lines and
other physical factors and limitations affecting the performance of this Agreement
CONTRACTOR, at CONTRACTOR S expense shall obtain any permission necessary for any
operations conducted off the property vaned or controlled by DISTRICT CONTRACTOR
shall be responsible for the proper care and protection of all materials delivered
and the cork performed until completion and final inspection and acceptance
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18 OTfEER CONTRACTS
DISTRICT may award other contracts for additional work and CONTRACTOR
shall fully cooperate with such other contractors and carefully fit CONTRACTOR S
own work to that provided under other contracts as may be directed by DISTRICT
MANAGER/ENGINEER. CONTRACTOR shall not commit or permit any act which will inter-
fere with the performance of work by any other contractor
19 PAYMENTS TO CONTRACTOR
(A) On or before the 25th day of each and every month during the perfor-
mance of the work, CONTRACTOR shall submit to DISTRICT MANAGER/ENGINEER an itemized
statement of quantities with unit prices of materials incorporated into the in>-
provement during the preceding month, or if the contract price is a lump sum, an
estimate of the percentage of the total work incorporated into the improvement
during the preceding month and the portion of the contract sum applicable thereto.
On approval in writing of said statement by DISTRICT MAt /DCINEER, it shall be
submitted to the DISTRICT FINANCE OFFICER and then to the DISTRICT BOARD. It is
understood and agreed between the parties that lead time for processing invoices
for inclusion on the warrant list of the DISTRICT has been established by the
DISTRICT FINANCE OFFICE and that invoices for payment will be processed and paid in
accordance with any established rules and regulations of said DISTRICT FINANCE
OI.FICER. Payment shall be ninety-five (95%) percent of the amount invoiced, the
remaining five (5%) percent to be subjeLL to the provisions of Paragraph (B) The
payment as provided for herein [except for the retention provided for in Paragraph
(B) ] shall be made the day following its approval by the DISTRICT BOARD at its next
regular mooting following the submittal of the invoice to the BOARD by the DISTRICT
MANANGER/En3INEER.
(B) DISTRICT reserves the right to retain five (5%) percent of the contract
price for a period of thirty-five (35) days after the filing of the notice of
completion of the Contract CONTRACTOR shall have the following options pursuant
to Section 22300 Public Contracts Code
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(a) To substitute securities for any money retained by DISTRICT•
(b) To require DISTRICT to pay into an escrow created at the expense
of CONTRACTOR.
The substitute securities provided for herein may be held pursuant to
Section 22300 and any escrow agreement entered into between the parties shall be in
the statutory form set forth in Section 22300
20 CONTRACT SECURITY
Concurrently with the execution hereof CONTRACTOR shall furnish. (1) a
surety bond in an amount equal to one hundred (100%) percent of the contract price
as security for the Faithful Performance of this Contract (2) a separate surety
bond in an amount equal to at least one hundred (100%) percent of the contract
price as security for payment of all persons performing labor and furnishing mate-
rials in connection with this Contract and (3) in addition to the 'Faithul Perfor-
mance Bond' and the 'Labor and Material Bond' CONTRACTOR shall also furnish to
DISTRICT a 'Guarantee Bond in the amount of Ten Thousand ($10 000) Dollars or ten
(10%) percent of the contract price whichever is greater, as security for this
guarantee to be retained by DISTRICT for a period of one (1) year after the date
of written acceptance by DISTRICT of all work performed under this Contract.
Sureties in each of said bonds and the form thereof shall be satisfactory to DIS-
TRICT
The bonds required hereunder shall be provided by a domestic carrier
authorized to and doing busines in the State of California and rated A+ by Best
Key Rating Guide--Property--Casualty and admitted for coverage in the State of
California Insurance Guarantee Fund.
21 INDEMNIFICATION
CONTRACTOR hereby agrees to protect defend indemnify and hold DISTRICT
its elecive board, officers agents and employees harmless from and against any and
all attorneys fees costs expenses or damages of any nature by reason of injury
sustained by any person including death at any time resulting therefrom, or by
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reason of loss of, loss of use of injury to or destruction of property including
consequential damages of any nature resulting therefrom, arising out of performance
of this Contract by or on behalf of CONTRACTOR, including damages occasioned by or
allegedly occasioned by joint or contributory negligence or omission or affirmative
acts in connection with supervision or direction of the work by DISTRICT, its
elective or appointed board officers agents or employees
The provisions of the foregoing paragraph shall in no event apply to
damages occasioned by the sole negligence of DISTRICT its elective board officers
agents or employees
CONTRACTOR further agrees to protect, defend, indemnify and hold DISTRICT
free and harmless from and against any and all obligations and liabilities under
any statutes laws or regulations pertaining to provisions of a safe place for
the employment of workers (Safe Place Statutes) or any similar statutes laws or
regulations with respect to injury sustained, including death at any time resulting
therefrom, by any employee of CONTRACTOR, CONTRACTOR S subcontractors or others
performing under this Contract on behalf of CONTRACTOR.
DISTRICT does not, and shall not, waive any rights against CONTRACTOR
which it may have by reason of the aforesaid hold harmless agreements because of
the acceptance by DISTRICT or the deposit with DISTRICT by CONTRACTOR of any of the
insurance policies hereinafter described in Paragraph 22 hereof
The aforesaid hold harmless agreements by CONTRACTOR shall apply to all
damages and claims for damages of every kind suffered or alleged to have been
suffered, including but not limited to attorneys fees by reason of the aforesaid
operations of CONTRACTOR or any subcontractor or others performing on behalf of
CONTRACTOR, regardless of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for damages
22 INSURANCE
CONTRACTOR shall not commence work under this Contract until he shall
have obtained all insurance required under this section and such insurance shall
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have been approved by DISTRICT as to form, amount and carrier nor shall CONTRACTOR
allow any subcontractor to commence work on his subcontract until all similar
insurance required of the subcontractor shall have been so obtained and approved
Failure of CCNIRACTOR to supply and failure of DISTRICT to secure and/or
approve specified insurance shall not alter or invalidate the provisions of Section
21 of this Contract.
A. Workers' Compensation Insurance
CONTRACTOR shall take out and maintain during the life of this Con-
tract workers compensation insurance and, if any work is sublet, CONTRACTOR shall
require subcontractor similarly to provide workers' causation insurance CON-
TRACTOR agrees to indemnify DISTRICT for any damage resulting to it from failure of
either CONTRACTOR or any subcontractor to take out or maintain such insurance.
B. Public Liability and Property Damage Insurance
CONTRACTOR shall take out and maintain during the life of this Con-
tract such public liability and property damage insurance as shall protect DISTRICT
its eleLlive and appointive board officers agents and employees, CONTRACTOR and
any subcontractors performing work covered by this Contract fran claims for damages
for personal injury including death as well as from claims for property damage
which may arise from CONTRACTOR S or any subcontractor's operations under this
Contract whether such operations be by CONTRACTOR or by any subcontractor or by
anyone directly or indirectly employed by either CONTRACTOR or any subcontractor
and the amount of such insurance shall be as follows
(1) Public Liability and Property Damage Insurance on account of
bodily injuries including death resulting therefrom in the sum of not less than
Five Million ($5 000 000) Dollars combined single limit resulting from any one
accident which may arise fran the operations of CONTRACTOR in performing the work
provided for herein
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(2) Said Public Liability and Property Damage Insurance (including
autanobiles)shall be endorsed to name the COSTA MESA SANITARY DISTRICT, its elec-
tive board officers agents and employees as additional insureds with respect to
all operations performed by or on behalf of CONTRACTOR. Said policy shall be
endorsed to provide that coverage shall not be reduced or cancelled unless and
until thirty (30) days advance notice of such reduction and/or cancellation has
been mailed to DISTRICT
(3) Said Public Liability and Property Damage Insurance (including
automobiles) shall include contractual liability insurance applying to liability
assumed under this Contract.
(4) Said Public Liability and Property Damage Insurance shall be
endorsed to stipulate that such insurance as is afforded to the COSTA MESA SANITARY
DISTRICT its elective board, officers agents and employees shall be primary
insurance and not contributing with any other insurance maintained by DISTRICT
23 PROOF OF INSURANCE
CONTRACTOR shall furnish DISTRICT, through the DISTRICT MANAGER/ENGINEER,
concurrently with the execution hereof, with satisfactory proof of carriage of the
insurance required and adequate legal assurance that each carrier will give DIS-
TRICT at least thirty (30) days prior notice of the cancellation of any policy
during the effective period of this Contract
The insurance required to be provided herein shall be provided by a
domestic carrier authorized to and doing business in, the State of California and
rated A+ by Best Key Rating Guide--Property--Casualty and admitted for coverage in
the State of California Insurance Guarantee Fund.
24 LEGAL WORK DAY - PENALTIES FOR VIOLATION
Eight (8) hours of labor shall constitute a legal day s work. CONTRACTOR
shall not require more than eight (8) hours labor in a day from any person employed
by CONTRACTOR in the performance of such work CONTRACTOR shall forfeit as a
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penalty to DISTRICT the sum of One Hundred ($100 00) Dollars for each laborer
workman or mechanic employed in the execution of this Contract by CONTRACTOR or by
any subcontractor for each calendar day during which such laborer workman or
mechanic is required or permitted to labor more than eight (8) hours per day in
violation of the provisions of Section 1815 of the Labor Code of the State of
California
25 PREVAILING WAGE SCALE
The minimon compensation to be paid for labor upon all work performed
under this Contract shall be the general prevailing wage scale established by
Department of Industrial Safety for the State of California and as adopted by
DISTRICT {`
CONTRACTOR shall comply in all respects with Title 40 U S.C. Section
276a also known as The Davis-Bacon Act where federal funds are involved and
CON*IRACIOR. shall also comply in all respects with California Labor Cade Sections
1770 et seq if applicable.
If CONTRACTOR is engaged in the construction, prosecution, completion or
repair of any public building or public work or building or work financed in whole
or in part by loans or grants from the United States CONTRACTOR shall furnish each '!
week to the DISTRICT FINANCE OFFICER a statement with respect to the wages paid
each of its employees during the preceding weekly payroll period. I
26 EMERGENCY CY - ADDITIONAL TIME FOR PERFORMANCE - PROCUREMENT OF MATERIALS
If because of war or other declared national emergency the Federal or
State government restricts regulates or controls the procurement and allocation of
labor or materials or both and if solely because of said restrictions regula-
tions or controls CONTRACTOR is through no fault of CONTRALBJR, unable to perform
this Agreement or the work is thereby suspended or delayed any of the following
steps may be taken
A. DISTRICT may pursuant to resolution of the BOARD grant CONTRACTOR
additional time for the performance of this Agreement sufficient to compensate in
time for said delay or suspension.
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To qualify for such extension of time CONTRACTOR within three
(3) days of CONTRACTOR s discovering such inability to perform, shall notify DIS-
TRICT MANAGER/ENGINEER in writing thereof and give specific reasons therefor
DISTRICT MANN R/ENGINEER shall thereupon have sixty (60) days within which to
procure such needed materials or labor as it is specified in this Agreement, or
permit substitution or provide for changes in the work in accordance with other
provisions of this Agreement. Substituted materials, or changes in the work, or
both, shall be ordered in writing by DISTRICT MANAGER/ENGINEER, and the concurrence
of the DISTRICT BOARD shall not be necessary All reasonable expenses of such
procurement incurred by the DISTRICT MANAGER/ENGINEtt shall be defrayed by CON-
TRACTOR, or
B. If such necessary materials or labor cannot be procured through
legitimate channels within sixty (60) days after the filing of the aforesaid notice,
either party may upon thirty (30) days written notice to the other terminate this
Agreement In such event CONTRACTOR shall be compensated for all work executed
upon a unit basis in proportion to the amount of the work completed, or upon a cost
plus ten (10%) percent basis whichever is the lesser Materials on the ground in
process of fabrication or en route upon the date of notice of termination specially
ordered for the project and which cannot be utilized by CONTRACTOR, shall be com-
pensated for by DISTRICT at a cost including freight provided that CONTRACTOR
shall take all steps possible to minimize this obligation or
C. DISTRICT BOARD by resolution, may suspend this Agreement until the
cause of inability to perform is removed but for a period of not to exceed ninety
(90) days If this Agreement is not cancelled and the inability of CONTRACTOR to
perform continues without fault on CONTRACTOR S part beyond the time during which
the Agreement may have been suspended as hereinabove provided, DISTRICT BOARD may
further suspend this Agreement or either party hereto may without insurring any
liability elec.L to declare this Agreement terminated upon the ground of impossi-
bility of performance In the event DISTRICT declares this Agreement terminated
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such declaration shall be authorized by the DISTRICT BOARD by resolution, and
CONTRACTOR shall be notified in writing thereof within five (5) days after the
adoption of such resolution. Upon such termination CONTRACTOR shall be entitled
to proportionate carcensation at the agreement rate for such portion of the Agree-
ment as may have been performed, or
D DISTRICT may terminate this Agreement in which case CONTRACTOR
shall be entitled to proportionate compensation at the agreement rate for such
portion of the Agreement as may have been performed. Such termination shall be
authorized by resolution of the DISTRICT BORAD Notice thereof shall be forthwith
given in writing to CONTRACTOR and this Agreement shall be terminated upon receipt
by CONTRACTOR of such notice.
27 PROVISIONS CUMULATIVE
The provisions of this Agreement are cumulative and in addition to, and
not in limitation of any other rights or remedies available to DISTRICT
28 NOTICES
It shall be the duty and responsibility of CONPR?CIOR to notify subcon-
tractors and materialnen of the following special notice provision namely all
notices of intention to lien or stop notices shall be either personally delivered
or transmitted by certified mail but in either event said notices shall be di-
rected to the DISTRICT
All notices shall be in writing and delivered in person or transmitted by
certified nail postage prepaid.
Notices required to be given to DISTRICT shall be addressed as follows
COSTA MESA SANITARY DISTRICT
77 Fair Drive
Costa Mesa California 92626
Notices required to be given to CONTRACTOR shall be addressed as follows
GRGO/GORDON GRBAVAC CONSTRUCTION CO INC
10519 Frccr Street
Temple City California 91780
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Notices required to be given to CONTRACTOR S sureties shall be addressed
as follows
Dated this IV day of KIN , 1993
COSTA MESA SANITARY DISTRICT
I \\\ 1\L,...4 .i • . / 1
President
ATTEST
By' i = --%i
Secre
APPROVED AS TO FORM.
By. dr�BT"_�
At orney f STRICT
APPROVED AS TO CONTENT
By' t +
DIS CT Engineer
CDNSTRA •r, GRGO/GORDON GRBAVAC CONSTRUCTION
CO INC.
By lie / .
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PLANET INSURANCE COMPANY
HOME OFFICE.MADISON WISCONSIN
13ond No P2452782
PREMIUM $1 807 00
PERFORMANCE BOND
CALIFORNIA PUBLIC CONTRACT
KNOW ALL MEN Bt THESE PRESENTS That
Grgo 6 Gordon Grbavac Construction Co Inc
as Principal, and the PLANET INSURANCE COMPANY a Wisconsin corporation authorized to
execute bonds in the State of California, as Surety are held and firmly bound unto
Costa Mesa Sanitary District
as Obligee, in the sum of
NINETY THOUSAND THREE HUNDRED FIFTY AND NO/100***********Dollars (S 90 350 00*********)
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a
contract, dated 19 with the Obligee
to do and perform the following work to-wit. - f 5761-)�
Reconstruction of Various Sewer Lines Sf— v1O0(
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APPRnVED AS TO FORM
s
AT •RNEY FO, DISTRICT
NOW THEREFORE, if the said Principal shall well and truly perform the work contracted to be
i performed under said contract, then this obligation shall be void otherwise to remain in full force and
effect.
I
Signed and sealed this 19th day of October 19 93
Grgo/ ordon Grbavac Construction Co Inc
d i• fires
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PLANET INSURAN E COM z . 'Y
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JOHN D 'HU.NSINGER
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PLANET INSURANCE COMPANY
HOME OFFICE MADISON.WISCONS+N
Bond No. P2452782
PAYMENT BOND
CALIFORNIA —PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS, that
Grgo & Gordon Grbavac Construction Co Inc
as Principal, and the PLANET INSURANCE COMPANY a Wisconsin corporation authorized to
execute bonds in the State of California, as Surety are held and firmly bound unto
Costa Mesa Sanitary District
as Obligee, in the sum of
NINETY THOUSAND THREE HUNDRED FIFTY AND NO/100***** ****b011a rS ($ 90 350 00********)
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
The Condition of the above obligation is such that, Whereas the Principal on the day
of 19 entered into a contract with the Obligee for
APP'i VED AS TO FORM.
Reconstruction of Various Sewer Lines _
AT- ORNEY 1R DISTRICT
NOW THEREFORE, if the original contractor or his subcontractor fails to pay any of the persons
named in Section 3181 or amounts due under the Unemployment Insurance Code with respect to.work
or labor performed under the 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 his
subcontractor pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such
work and labor that the surety will pay for the same, in an amount not exceeding the sum specified in the
bond, and also, in case suit is brought upon the bond, a reasonable attorneys fee,to be fixed by the court.
This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181
of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any
suit brought upon this bond.
Signed and sealed this 19th day of October 19 93
Gr. .i Gordon Grbavac Construction Co. Inc
PLANET INS RANCE COMPANY
By !�
�- Attorne In-Fact
JOHN D.�H SINGER �-
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PLANET INSURANCE COMPANY
HEAD OFFICE,SUN PRAIRIE,WISCONSIN
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS.That the PLANET INSURANCE COMPANY.•corporation duly organized under the laws of the State
of Wisconsin,does hereby make,constitute and appoint
JOHN D HUNSINGER of GLENDALE CALIFORNIA
its true and lawful Attorney-m-Fact to make,execute,seal and deliver for and on lb behalf,and as tts act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP
and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by one other of
such officers,and hereby ratifies and confirms all that Its said Attomey(s)-In-Fad may do In pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII d the By-Laws of PLANET INSURANCE COMPANY which became
effective September 21,1981,which prov stuns are now in full force and effect reeding as follows.
ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President the Chairman of the Board,any Senior Vice President.any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-In-Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(b)to emove any such Attorney-in-Fact at any time and revoke the power and authority given to hum.
2- Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and
deliver on behalf of the Company, bonds and undertakings, recognizances,contracts of Indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings.recognizences.contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indemnity
or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to
copies of the By-Laws of the Company or any article or section thereof_
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
PLANET INSURANCE COMPANY at a meeting held on the 29th day of March,1962,at which•quorum was present and said Resolution has not been
amended or repealed:
'Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney
or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal
shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached-
IN WITNESS WHEREOF the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to
be hereto affixed.this 15th day of February 19 91
APPRO,ED AS TO FORM: PLANET INSU COMPANY
- ----
ice Presdenl
��TT •• N Y FO.'DISTRICT
STATE OF Wasnlin en
COUNTY OF ( oN,�i —
King by
15th da of 19 personally appeared Law.)-11 - r, .. :Strom
On this Y February 91 L Q ;ltn q�(.r
to me known to be the Vice-President of the PLANET INSURANCE C• • • • and acknowledged that he e •�•e.. rand attester • -yso one
Instrument and affixed the seal of said corporation thereto,and that • 1.2,and 3 of the By-Laws •t.�d ore p4s{f the• on
set forth there are still in full force. / ; P•• 'ley.
My Commission Expires. rI-•44 - a,S_ �• ,` .•=,y�'i
May 15 19 94 Notary Public In and or the S ft Was •l •1•n___/ i e
aasiGeg at Tacoma 1=
L Keith A Poling Assistant Secretary of the PLANET INSURANCE COMPANY, do hereby certify that the
above end foregoing Is a true and correct copy of a Power of Attorney executed by said PLANET INSURANCE COMPANY,which is still in full force
and effect
IN WITNESS WHEREOF 1 have hereunto set s my hand and affixed the seal of said Company this 9 ( 19
•�..e r 93
Assistant Secretary
Kei h A Poling
BOP 14131 1/82
STATE P.O. BOX 420807 SAN FRANCISCO, CA 94142-0807
ix 0)09
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
OCTOBER 7 1993 POLICY NUMBER 1169289 — 93
CERTIFICATE EXPIRES.
9-1-94
r
CITY OF COSTA MESA
SANITARY DISTRICT ATTN ROBIN HAMERS
2354 E 17TH ST #3205
COSTA MESA CA 92627 JOB SEWER MAIN REPAIR
COSTA MESA
L PROOF
This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days advance written notice to the employer
We will also give you TEN days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance 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.
/I Sail-
PRESIDENT
EMPLOYER S LIABILITY LIMIT S3 000 000 PER OCCURRENCE
APP' OVED AS TO FORM:
C' a--
A t ORNE`r74 R DISTRICT
EMPLOYER
r
GRGO & GORDON GRBAVAC CONST CO INC
481 W LONGDEN AVE ( P/U)
ARCADIA CA 91007
L
SCIF 10262 (REV 10-86)
.
ISSUE DATE(MM/DD/YY)
CERTIFICATE: OF INSURANCE.
fl 10/21/93
PRODUCER -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
The Rule Company Inc POLICIES BEIC+w
COMPANIES AFFORDING COVERAGE
P 0 Box 7072
COMPANY A
Pasadena, CA. 91109
LETTER CNA/TRANSCONTINENTAL
COMPANY CNA/TRANSPORTATION
INSURED LETTER O
Crgo & Gordon Crbavac L LEE TTER TTER C
Construction CO Inc COMPANY D
481 W Longden Ave LETTER
Arcadia Ca 91007 COMPANY E
LETTER
COVERAGES-
THIS IS TO CER-IFY-HA THE rOLICIES 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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS
_TR DATE(MM/DD/YY)DATE(MM/DD/YY)
A GENERAL LIABILITY 120926559 10/16/93 10/16/94 GENERAL AGGREGATE 2000000
X COMM. GENERAL LIABILITY PROD-COMP/OP AGG. 1000000
CLAIMS MADEI X IOCC. PERS.&ADV INJURY 1000000
X OWNER'S& CONTRACT'S PROT EACH OCCURRENCE 1000000
FIRE DAMAGE(One Fire) 50000
MED. EXP. (One Per) 5000
B AUTOMOBILE LIABILITY 120926562 10/16/93 10/16/94 COMBINED SINGLE 1000000
X ANY AUTO LIMIT
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Pe Pe n)
x HIRED AUTOS BODILY INJURY
X NON•OWNED AUTOS (Pe 'dent)
GARAGE LIABILITY
APPR VED AS TO FORM: PROPERTY DAMAGE
EXCESS LIABILITY - EACH OCCURRENCE
UMBRELLA FORM A 7 C AGGREGATE
OTHER THAN UMBRELLA FORM ,I'!''/ r yl` , I;TF,ECT
ISTATUTORY LIMITS
WORKER'S COMPENSATION EACH ACCIDENT
AND DISEASE•POLICY LIMIT
EMPLOYERS'LIABILITY
DISEASE•EACH EMP
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
T \
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
' EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
CITY OF COSTA MESA LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES.
234 E 17TH ST #205
COSTA MESA, CA. 92627 AUTHORIZED REPRESENTATIVE ,,,
7/
2- S /
ACORD 25,S (7/90). . - -
ISSUE DATE(MM/DO/YY)ISS
INSURANCE BINDER 12/13/93
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE
SIDE OF THIS FORM
PRODUCER COMPANY BINDER NO.
CHUBB GROUP OF INS CO BIND 786
EFFECTIVE EXPIRATION
The Rule Company Inc. DATE TIME D. E TIME
X Am
AM
P.O. BOX 7072 12/01/93 1291 X AM 1
PM 1/15/94 NOON
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
Pasadena, CA. 91109 COMPANY PER EXPIRING POLICY NO:
CODE SUB-CODE DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(Including Lo anon)
INSURED Umbrella—Commercial
Grgo & Gordon Grbavac
Construction Co Inc
481 W Longden Ave
Arcadia Ca. 91007-
. .. . . . . .. .. . . . ... _- . - . . . .. . . . . .- . ._. .. .. . . . .. . .
COVERAGES LIMITS
TYPE OF INSURANCE COVERAGE/FORMS AMOUNT DEDUCTIBLE COINSUR.
PROPERTY CAUSES OF LO I ]SS r
BASIC ❑BROAD^SPEC.
GENERAL LIABILITY 1 GENERAL AGGREGATE
COMM. GENERAL LIABILITY PROD. COMP/OP AGG.
CLAIMS MADE OCCUR PERS.&ADV INJURY
OWNER'S&CONTRACT'S PROT EACH OCCURRENCE
FIRE DAMAGE(One Flre)
RETRO DATE FOR CLAIMS MADE: MED. EXPENSE(One Per)
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO BODILY INJ.(Per Pe n)
ALL OWNED AUTOS BODILY INJ.(Pe Ac .)
SCHEDULED AUTOS PROPERTY DAMAGE
HIRED AUTOS MEDICAL PAYMENTS
NON-OWNED AUTOS PERSONAL INJ. PROT
GARAGE LIABILITY UNINSURED MOTORIST
AUTO PHYSICAL DAMAGE I ALL VEHICLES I I SCHEDULED VEHICLES ACTUAL CASH VAL.
DEDUCTIBLE
COLLISION: STATED AMOUNT
OTH THAN COL. OTHER
EXCESS LIABILITY EACH OCCURRENCE 3000000
X (UMBRELLA FORM AGGREGATE
MOTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETEN. 10000
I STATUTORY LIMITS -
WORKER'S COMPENSATION EACH ACCIDENT
AND
DISEASE•PDLICY LIMIT
EMPLOYERS' LIABILITY
DISEASE•EACH EMP
SPECIAL CONDITIONS/OTHER COVERAGES
-NAME & ADDRESS
MORTGAGEE ADDITIONAL INSURED
LOSS PAYEE
LOAN s
AUTHORIZED REPENTATIVE
. . . .. 2---5 - - -
ACORD 75-S17/90) - . .
CONDITIONS
This Company binds the kind(s) of insurance stipulated on the attached form. The Insurance is
subject to the terms, conditions and limitations of the policy(ies) in current use by the Company
This binder may be cancelled by the Insured by surrender of this binder or by written notice to
the Company stating when cancellation will be effective. This binder may be cancelled by the
Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled
when replaced by a policy It this binder is not replaced by a policy the Company is entitled
to charge a premium for the binder according to the Rules and Rates in use by the Company
APPLICABLE IN NEVADA
Any person who refuses to accept a binder which provides coverage of less than
$1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00 and (B)
is liable to the party presenting the binder as proof of insurance for actual damages
sustained therefrom.
MAINTENANCE BOND Bond No. P2452783
PLANET INSURANCE COMPANY
HEAD OFFICE,SUN PRAIRIE,WISCONSIN
1
tt A\
v a,
KNOW ALL MEN BY THESE PRESENTS, that we <i if
Grgo & Gordon Grbavac Construction Co Inc
as Principal, and PLANET INSURANCE COMPANY a Wisconsin corporation, as Surety are held firmly
bound unto
Costa Mesa Sanitary District
as Obligee, in the full and just sum of NINE THOUSAND THIRTY FIVE AND NO/100**************
Dollars ($ 9 035 00**************)
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra-
tors, successors and assigns, jointly and severally firmly by these presents.
WHEREAS, the said Principal entered into a contract with Costa Mesa Sanitary District
dated November 18 1993 for
Reconstruction of Various Sewer Lines
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of one year(s) after approval of the final estimate on said job, by the owner against
all defects in workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed and was approved on Date of Acceptance Letter
NOW THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if within One Year(s)
from the date of approval of the said contract, the work done under the terms of said contract shall disclose
poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall
appear that defective materials were furnished thereunder then this obligation shall remain in full force and
virtue, otherwise this instrument shall be void.
Signed and sealed this 18th day of November 19 93
Witness:
Grgo & Gordon Grbavac Construction Co Inc
TY4A
Pr nnpal
PLANET INSURANCE COMPANY
By
Allot e • Fan
JOHN D HUNSINGER
BDP-2308 2/82
-MAINTENANCE BOND Executed in Four Counterparts Bond No. P2452783A
PLANET INSURANCE COMI Sr Y
HEAD OFFICE.SUN PRAIRIE,WISCONSIN
KNOW ALL MEN BY THESE PRESENTS, that we GRGO & GORDON GRBAVAC CONSTRUCTION
CO INC
as Principal and PLANET INSURANCE COMPANY A Wisconsin Corporation as
Surety are held and firmly bound unto
Costa Mesa Sanitary District
as Obligee in the full and just sum of Ten Thousand and no/100 s * * *
Dollars ($ 10 000 00 )
for the payment of which sum, well and truly to be made we bind ourselves
our heirs executors administrators successors and assigns jointly and
severally firmly by these presents
WHEREAS, the said principal entered into an agreement with the above
Obligee dated 10/19/93 for construction of subdivision improvements
described as follows
Reconstruction of Various Sewer Lines APPROVED AS TO FORM: �y
Project No 1112100-126
p
TORNEY F ISTRICT /J est
WHEREAS said agreement provides that the Principal shall furnish a bond
conditioned to guarantee for a period of One year(s) after acceptance by
Obligee of the referenced improvement(s) against all defects in workmanship
and materials which may become apparent during said period and
WHEREAS the referenced improvement(s) has/have been completed and
accepted by the Obligee on
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
within I year(s) from the date of acceptance of said improvements the
work done under the terms of said agreement shall disclose poor workmanship
in the execution of said work, or it shall appear that defective materials
were furnished thereunder then this obligation shall remain in full force
and virtue otherwise this instrument shall be void
Signed sealed this 4th day of January 19 94
Principa 4G0 & GORDON GRBAVAC PLANET INSURANCE COMPANY
/01 'UCTION CO INC
871; -�
By ice1' John P Brooks Atty-in-Fact
t
BOP-2897(-10/9°)
• PLANET INSURANCE COMPANY APPROVED AS TO FOR�,1
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA E
POWER OF ATTORNEY ATTO{ NEY/ FOR (STRICT
KNOW ALL MEN BY THESE PRESENTS, That the PLANET INSURANCE COMPANY corporation duly organized under the laws of the State
of Wisconsin, does hereby make, constitute and appoint John P Brooks, individually of Pasadena, California, its true and lawful
Attorneylsl-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of
suretyship and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and ndertakings and
other writings obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and
attested by one other of such officers, and hereby tut, and confirms all that its said Attorneylsl-in-Fact may do in pursuance hereof
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of PLANET INSURANCE COMPANY which became
effective September 21 1981 which provisions are now in full force and effect, reading as follows
ARTICLE VII EXECUTION OF BONDS AND UNDERTAKING
1 The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Di ectors shall have power nd authority to (a) appoint Attorney(s) in-Fact nd to
author them to execute on behalf of the Company bonds and undertakings, recognizances, contracts of indemnity and other writings
obligatory in the nature thereof and Ib1 to remove any such Attorneylsl-in-Fact at any time and revoke the power and authority given to them.
2. Attorney(s)-in-Fact shall have power nd authority subject to the terms and limitations of the Powe of Atto ney issued to them, to
execute nd deliver on behalf of the Company bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity
and other writings obligatory in the nature thereof.
3. Attorney(s)- -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of
indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By-Laws of the Company or any article or section thereof
This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors
of PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 1982, at which a quorum was present, and said Resolution
has not been amended or repealed:
"Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such
Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing
such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed
and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with
respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President
and its corporate seal to be hereto affixed, this 24 day of August, 1993
P•-w
r"so C mot PLANET INSURANCE COMPANY
t, v,.
n
' °c, e VI Pr ident
STATE OF Washington
COUNTY OF King )ss.
On this 24 day of August, 1993 personally a.:- Az.,.. Lawrence W Carlstrom
to me known to be the Vice President of the PL 11•y• • • -• COMPANY and acknowledged that he executed and attested the•
foregoing instrument and affixed the seal . 1..is •or i.e.:. • .' veto, and that Article VII, Section 1 2, and 3 of the By-Laws of said
Company,and the Resolution, set forth then fl', at'r-.-1, eZ,
• r ` N 0TY " C")
PUBLIC Z* em l4(, " �'�
o*
-A 3-05-96 `,� Notary Public in and for State of Washington
(n fit] �� Residing at Puyallup
O �u I
I, Robyn Layng, Assistant Secretary of the P-:%,� II S:�`%1!'f COMPANY, do hereby certify that the above and foregoing is a true and
correct copy of a Power of Attorney executed by s INSURANCE COMPANY which is still in full force and effect.
IN WITNESS WHEREOF I have hereunto set my hand and affixes . : .F�at aof said Company this 4th day of January 19 94
\ Assistant Secretary
,,
BDP'1431 Ed 393