Loading...
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. -1- 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 -2- 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 -4- 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 -5- 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 -6- 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 -7- (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 -8- 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 -9- 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 -10- (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 -11- 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. -12- 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 -13- 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 -14- 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 / . -15- 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( I u 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 "�% (Seal) PLANET INSURAN E COM z . 'Y t By C-------7/7}----- Attorney-in-Fact JOHN D 'HU.NSINGER 1 DnP 2R re r ■ Topri Ditm oc cfOA irr (IC) 1 n a o 's m w Z rt i0 b) .0 O D a II IT m m x a IIN y mD a lL �. 1. n 0 D to 9 Z H. L] Z N Om rt Hr t J a Cr CO CO c n a cn ti Z K C cc U p.1 �, .c v r- Z (7< M ID 0 0 O Z H 'O n p r- CO O 0 v rt :rt n � I 0 rt r- O n o. H II 0 •c TE i. U ) I . ;To- 4, 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 �- r ; ,1: vlir .f iy 1F 6 1' I '1 tti L C] o N H _t rt LO w 0 X Q Z s f.. 0 ! - i '� a' 7. ' J .. Di CO Is" Cu 15 b' "• a a m .4 C m 0 'nc 4u r _ 1r 0 w m G C 0 1 rr n 0 o A r Q a = P. r 0 o 1 a on 0 A_ r o 1. H .y i 0 4. .A gML : I-.AHUG•1■ -E no. A L 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