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Project 122 - Contract - National Plant Services - 1993-04-08 4 l', PROJECT NAME JOINT REWORKING & PIPE REPLACEMENT A G R E E M E N T THIS AGREEMENT is made and entered into by and between the COSTA MESA SANITARY DISTRICT, a district formed pursuant to the Sanitary District Act of 1923 , hereinafter called "DISTRICT and NATIONAL PLANT SERVICES INC , hereinafter called "CONTRACTOR R E C I T A L S DISTRICT has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract On April 8 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 construc- tion of said improvements T E R M S The parties hereto agree as follows 1 SCOPE OF WORK CONTRACTOR shall perform the work described briefly as follows Project No 1112100-122 Joint Reworking and Pipe Replacement ( 9/83 ) 4P The aforesaid 'improvements are further described in the Contract Documents hereinafter referred to 2 CONTRACT DOCUMENTS 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 Labor 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 same as if mentioned in all said documents The documents comprising the complete con- tract will hereinafter be referred to as the Contract Documents 3 SCHEDULE All work shall be performed in accordance with the schedule approved by DISTRICT ENGINEER and under his direction 4 EQUIPMENT - PERFORMANCE OF WORK 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 -2- 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 furnished and said work performed and completed as required in said plans and specifications to the satisfaction of and subject to the acceptance of the DISTRICT ENGINEER or his designated assistant 5 CONTRACT PRICE Sixty-one Thousand Nine Hundred Thirty-one and eighty-two hundredths ($61 931 82) Dollars 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 commencement of such work is within ten ( 10 ) days after the date of the contract and to complete said work within sixty ( 60 1 working days from the first day of commencement of such work 7 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 -3- 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 completion 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 addressed to the DISTRICT BOARD and its desig- nee In this connection it is understood that the DISTRICT MANAGER 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 WORK If CONTRACTOR 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 bankrupt or if CONTRACTOR should make a general assignment for the benefit of CONTRACTOR S creditors or if a receiver should be appointed in the event of CONTRACTOR S insolvency, of if CONTRACTOR, or any subcontractor, should violate any of the provisions of this Agreement the DISTRICT ENGINEER or the DISTRICT BOARD may give written notice to CONTRACTOR and CONTRACTOR' S sureties of the intention to terminate this Agree- ment 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 -4- 9 LIQUIDATED DAMAGES In the event CONTRACTOR, for any reason shall have failed to perform the work herein specified within the time herein required 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 $100 00 as liquidated damages for each day beyond the date herein provided for the completion of such work 10 PERFORMANCE OF SURETIES In the event of any termination as hereinabove pro- vided , the DISTRICT shall immediately give written notice thereof to CONTRACTOR and CONTRACTOR' S sureties, and the sureties shall have the right to 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 to take over the performance of the Agreement and do not commence performance thereof within five (5 ) days after notice to the DISTRICT of such election , DISTRICT 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 CON- TRACTOR 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 -5- 11 DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting the true value of the work done of any work omitted of any extra work which CONTRACTOR may be required to do or respecting the size of any payment to CONTRACTOR during the performance of this contract such dispute shall be decided pursuant to Section 1670 , California Civil Code 12 PERMITS , COMPLIANCE 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 improvement or have a competent foreman or super- intendent satisfactory to the DISTRICT ENGINEER 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 facili- ties and provide safe access for inspection by DISTRICT to all parts of the work and to the shops wherein the work is in preparation 15 EXTRA AND/OR ADDITIONAL WORK OR CHANGES Should DISTRICT at any time during the progress of said work request any alterations deviations additions , or omis- sions 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 -6- the amount of said contract price , as the case may be by a fair and reasonable valuation 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 INSPECTION 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 satisfactorily 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 work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement CONTRAC- TOR at CONTRACTOR S expense shall obtain any permission necessary for any operations conducted off the property owned or controlled by DISTRICT CONTRACTOR shall be responsible for the proper care and protection of all materials delivered and the work performed until completion and final inspection and acceptance -7- 18 OTHER CONTRACTS DISTRICT may award other contracts for additional work and CONTRACTOR shall fully cooperate with such other con- tractors and carefully fit CONTRACTOR'S own work to that provided under other contracts as may be directed by DISTRICT ENGINEER CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other contractor 19 PAYMENTS TO CONTRACTOR On or before the 25th day of each and every month dur- ing the performance of the work, CONTRACTOR shall submit to DISTRICT ENGINEER an itemized statement of quantities with unit prices of materials incorporated into the improvement 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 dur- ing the preceding month and the portion of the contract sum applic- able thereto On approval in writing of said statement by DISTRICT ENGINEER it shall be submitted to the DISTRICT FINANCE OFFICER and then to the DISTRICT BOARD It is understood and agreed between 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 OFFICER Within three ( 3 ) days following said submission to the DISTRICT BOARD, DISTRICT shall forward said approved warrants to the County Auditor for approval and the processing of payment to CONTRACTOR. Said payment shall be based upon ninety-five per- cent ( 95% ) of the contract price for labor, material and equipment -8- used or incorporated into the project during the period covered by CONTRACTOR' S invoice Deposit in the United States mail consti- tutes legal payment of said sum The remaining five percent ( 5% ) thereof shall be paid to CONTRACTOR thirty-five ( 35 ) days after final acceptance of the work by DISTRICT on duly certified voucher therefor and after CONTRACTOR shall have furnished DISTRICT with a release of , or bond against all claims against DISTRICT, if required by. DISTRICT, arising under and by virtue of this contract and work done and materials furnished hereunder In the event that there are any claims specifically excepted by CONTRACTOR if permitted by DISTRICT from the operation of the release there shall be retained by DISTRICT stated amounts to be set forth therein and approved by DISTRICT Engineer 20 CONTRACT SECURITY Concurrently with the execution hereof , CONTRACTOR shall furnish ( 1 ) a surety bond in an amount equal to one hundred percent ( 100% ) 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 percent ( 100% ) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract and ( 3 ) in addition to the Faithful Performance Bond and the Labor and Material Bond , CONTRACTOR shall also furnish to DISTRICT a Guarantee Bond in the amount of Ten Thousand Dollars ( $10 000 ) or ten percent ( 10% ) 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 -9- in each of said bonds and the form thereof shall be satisfactory to DISTRICT 21 INDEMNIFICATION CONTRACTOR hereby agrees to protect defend indemnify and hold DISTRICT its elective board , officers agents and employees harmless from and against any and all attorneys fees costs, ex- penses or damages of any nature , by reason of injury sustained by any person including death at any time resulting therefrom , or by reason of loss of loss of use of , injury to or destruction of prop- erty including consequential damages of any nature resulting there- from 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 , indem- nify and hold DISTRICT free and harmless from and against any and all obligations and liabilities under any statutes , laws or regula- tions 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, CON- TRACTOR'S subcontractors or others performing under this contract on behalf of CONTRACTOR -10- 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 con- tract until he shall have obtained all insurance required under this section and such insurance shall have been approved by DISTRICT as to form, amount and carrier, nor shall CONTRACTOR allow any subcon- tractor to commence work on his subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved Failure of CONTRACTOR 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 contract workers compensation insurance and , if -11- any work is sublet CONTRACTOR shall require subcontractor similarly to provide workers compensation insurance CONTRACTOR 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 Said workers' compensation insurance shall name the COSTA MESA SANITARY DISTRICT as an additional insured with respect to operations conducted by CONTRACTOR on behalf of DISTRICT Said workers compensation insurance shall provide that the insur- ance may not be cancelled without ten ( 10) days advance notice of such cancellation to DISTRICT B Public Liability and Property Damage Insurance CONTRACTOR shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect DISTRICT its elective and appointive board officers, agents and employees CONTRACTOR and any subcon- tractors performing work covered by this contract from claims for damages for personal injury including death as well as from claims for property damage which may arise from CONTRACTOR S or any subcon- tractor 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 Insur- ance on account of bodily injuries including death resulting there- from in the sum of not less than Five Million Dollars ( $5 000 000 00 ) combined single limit resulting from any one accident which may -12- arise from the operations of the CONTRACTOR in performing the work provided for herein ( 2 ) Said Public Liability and Property Damage Insurance ( including automobile ) shall be endorsed to name the COSTA MESA SANITARY DISTRICT its elective 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 ten ( 10 ) days advance notice of such reduction and/or cancellation has been mailed to the DISTRICT ( 3 ) Said Public Liability and Property Damage Insurance ( including automobiles ) shall include contractual liabil- ity 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 the DISTRICT 23 PROOF OF INSURANCE CONTRACTOR shall furnish DISTRICT, through the DIS- TRICT ENGINEER concurrently with the execution hereof, with satis- factory proof of carriage of the insurance required and adequate legal assurance that each carrier will give DISTRICT at least ten ( 10 ) days prior notice of the cancellation of any policy during the effective period of this contract 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 ) -13- hours labor in a day from any person employed by CONTRACTOR in the performance of such work CONTRACTOR shall forfeit as a penalty to DISTRICT the sum of Twenty-Five Dollars ( $25 00 ) 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 in violation of the provisions of Section 1815 of the Labor Code of the State of California 25 PREVAILING WAGE SCALE The minimum compensation to be paid for labor upon all work performed under this contract shall be the general pre- vailing 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 CONTRACTOR shall also comply in all respects with California Labor Code Sections 1770 et seq if applicable Each contractor engaged in the construction, prosecu- tion , 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 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 26 EMERGENCY - ADDITIONAL TIME FOR PERFORMANCE - PROCUREMENT OF MATERIALS If because of war or other declared national emer- gency, the Federal or State government restricts regulates or -14- controls the procurement and allocation of labor or materials or both, and if solely because of said restrictions , regulations or controls, CONTRACTOR is through no fault of CONTRACTOR, 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 Agree- ment sufficient to compensate in time for said delay or suspension To qualify for such extension of time , CONTRACTOR within three ( 3 ) days of CONTRACTOR S discovering such inability to perform, shall notify DISTRICT Engineer in writing thereof and give specific reasons therefor DISTRICT 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 provi- sions of this Agreement Substituted materials , or changes in the work or both , shall be ordered in writing by DISTRICT ENGINEER and the concurrence of the BOARD shall not be necessary All reasonable expenses of such procurement incurred by the DISTRICT ENGINEER shall be defrayed by CONTRACTOR 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 percent ( 10% ) basis , whichever is the lesser -15- 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 con- tinues without fault on CONTRACTOR'S part, beyond the time during which the agreement may have been suspended as hereinabove pro- vided , DISTRICT BOARD may further suspend this Agreement, or either party hereto may, without incurring any liability , elect to declare this Agreement terminated upon the ground of impossibility of per- formance In the event DISTRICT declares this Agreement terminated, such declaration shall be authorized by the DISTRICT BOARD, by reso- lution, 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 compen- sation at the agreement rate for such portion of the Agreement 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 BOARD Notice thereof shall be forthwith given in writing -16- 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 CONTRACTOR to notify subcontractors and materialmen 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 directed only to the DISTRICT FINANCE OFFICER and to no other department All notices shall be in writing and delivered in person or transmitted by certified mail , 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 NATIONAL PLANT SERVICES INC. 1461 Harbor Avenue Long Beach, California 90813-2741 -17- Notices required to be given to CONTRACTOR'S sureties shall be addressed as follows Dated this day of 19 COSTA MESA SANITARY DISTRICT B �t 410 . President ATTEST By /iii Jam_ �P Sec etary APPROVED AS TO FORM CONTRACTOR �\\ NATIONAL PLANT SERVICES INC By �/ By (''�/,J�:�(�%`Ne / Z Attorney for District l Authorized Si ature fil.4 't APPROVED AS TO CONTENT By Alltakt ' District Engineer -18- J 11 THE AMERICAN INSTITUTE OF ARCHITECTS APP •VED AS TO FORM: ,V 1 Po4G ATTORNEY FOR DISTRICT AIA Document A311 Performance Bond Bond No. 08 SB 100808150 RCA KNOW ALL MEN BY THESE PRESENTS. that NATIONAL PLANT SERVICES INC. 1461 Harbor Avenue Long Beach CA. 90813 1"e rt full ame nd addr legal tale of Contr dorl as Principal, hereinafter called Contractor and, THE AETNA CASUALTY AND SURETY COMPANY A Corporation organized and existing under the laws of (He a cull ame nd addr legal title of Su ety) the state of Connecticut of 151 FArmington Avenue Hartford Connecticut 06156 as Surety hereinafter called Surety are held and firmly bound unto COASTA MESA SANITARY DISTRICT (He rt full ame nd addr legal trite of Own r) as Obligee, hereinafter called Owner in the amount of SIXTY ONE THOUSAND NINE HUNDRED THIRTY ONE DOLLARS AND 82/100ths - - - - - - -- Dollars ($ 61,931.82 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. WHEREAS, NATIONAL PLANT SERVICES INC. Contractor has by written agreement dated 19 entered into a contract with Owner for PROJECT NO. 1112100-122 JOINT REWORKING AND PIPE REPLACEMENT in accordance with Drawings and Specifications prepared by (He rt full ame nd addr legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS,1715 N.Y AVE. N.W WASHINGTON, D. C.20006 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having but which the may be liable other costs and damages performed Owner's obligations thereunder the Surety for forth the Surety may be liable hereunder the amount p g set forth in the first paragraph hereof. The term 'balance may promptly remedy the default, or shall promptly of the contract price, as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder the expiration of two (2) years from the date on which or if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner APPRO ED AS TO FORM: TT94".r � RD rlt s'STRICT Signed and sealed this 12th day of Apri1 19 93 NATIONAL PLANT SERVICES INC. 4:1{4.1 S IPnn gull (Seal) (tVitor BY S . KEENE (Title) PRESIDENT Id/ THE AETNA CASUALTY AND SURETY COMPANY if (Wilt I V V.rm. ('`. in BY ANN CARUSO IitieATTORNEY IN FACT A1A DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA O FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y AVE. N.W. WASHINGTON, D C.20006 2 ��>> ._i. — THE .ETNA CASUALTY AND SURETY COMPANY Hartford. Connecticut 06156 LIFE&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL MEN BY THESE PRESENTS,THAT THE ATNACASUALTY AND SURETY COMPANY ma n duly orga zedunde the laws of St of Co nett: nd ha ng or foal offi the City of Hartford.Co my of Hartford.Ste of Co nect'at hat,made fluted nd appo tea. no do by the pr make m no aopa Anne C. Ruddy Dwight F Miller David C. Banks Janice B. Kaplan, Kevin P Nagel, Jeffrey S. Stetson, Lorraine Pozezinski, Eileen Lucitt, Ann Caruso, Curtis L. Willing, Bea Dahl, Carol Tasciotti, Yvette M. Washington Evonne Brown, Theresa L. Donoghue, Julie A. Jopes, Richard K. Johnson or Lorraine G Aspegren — of Downers Grove, Illinois Its true no lawful Atto eels/- -Fact.with full pow* nd tho my he eby nfe ign recut no aknowiedge ny pi with, the Un ad St if the following li be filled wit the i9- tea the following trume ital. by his/he old sign nd act. ny nil all bands recogn acts of ndammry. no therwr ngs oohga ory the of recogn no al ndarta ng, nd ny no ll ide the nd bind THE ATNA CASUALTY AND SURETY COMPANY the eby fully nd the ame este if the ame we igned by the my utho ed officers of THE AETNA CASUALTY AND SURETY COMPANY nd all the acts of a 'dAttomeylsl. -Fact,pu the tho IN gi he eby ufied nd nfirmed. TM appo tment made nde nd by Monty of the following Standing Resalub of said Company which Re club own full fo nd effect: Ce VOTED:That each of the following offi an:Chavma Vi •Chamma President.Any Execut •Vi *Preside .Any Se rVi e Pr 'dent.Any Vi 0 Ly Preside .Any Assn Vi •Preside .Any Sacra ary.Any AssistantSacra ary.may from time time appo tReside Vi e Pr ice Re ide LL if 1,,,.... Anus t 5eeretan's,Alto nays -Fact, no Agents act fo noon behead'theCompany and maygrve ny such aopa tees ch a tho icy a hi 0 t/1 erotical of tnonty may prescribe ' n with the Company ama and al with the Company al bonds recogn nen. of indemnity, rid other wn ngs oblige ory' the atur of a bond.recogn r condi al ndertakmg, nd any of s 'd off< r the Bo rd of d Directors may at ny 'me emo ny such appo' tee and revoke the power and thorny given him. L/1 • VOTED:That any bond,recogn edict indemnity, rwr ng oblige ory, the attar of a bond.recognnan nil' al ndena ng Q '/r` a shall be alid nd binding upon the Company whe (al signed by the Chaffin' the Vi Cha'rma the Pr 'den Eaecut Vi Press Senn Vi President. Vice Preside Assistant Vies President by Resident Vice President purau nt the powe pr scribed the o amficet of authonry of such Resident Vi •President and duly attested nds sled with theCompany al by Seere ary or Assi t Seer ary W */ w r by a Resident Arias tSecrmry.pursu nit the power prescribed' the artificat ofauthontyofs ch Resident Assistant Secretary: rlblouly ' seated:under a al,if menu red)by me•Attorneys-in-Fact pursu nt to the wawa prescribed hi or their artificer ertificat of Q Z thorny. a/\ ((N] This Powe of An nth. nd Cornfield of Authonty ,gnad nd sled by faculnile nde nd by thonty of the following Standing Re olu a voted by the Board of Directors of THE.ETNA CASUALTY AND SURETY COMPANY which Resolub ow full to nd effect: \ VOTED: That the 'gnatur of ach of the following officers:Chairma Vi Chairma President.Any Execut Vi Preside Any Se Vi Q Presi dent,Any Vice President,Any Ass stint Vice President Any Seer ary,Any Assistant Secretary, nd the of the Company ma be affixed by facsimile to any power of attorney any erhficst ng the 100o ng Resident Vi Preside Resident Assi nt Se Attorneys-in-Factfor purposes only of executing and attesting bonds nd ndenakings and th exwnnngs oblige ory in the the at rid any udt pow, of attorney 'refloat bee ng eh facsimile ign r facsimile al shall be valid and binding upo the Combo nd ny power executed nd amxed by uch facsimile signatur nd facsimile seal shall be slid nd binding upo the Company the fu w' sped to any bond ndertakmg to which it attached. IN WITNESS WHEREOF THE ATNA CASUALTY ANO SURETY COMPANY hit caused'hi nstrument to be igned by Senior Vice President Rd In oma al be he affixed w 22nd day of September Is 92 THE CASUALTY iNCI SURETY COMPANY By Sta of Co netting } J iseph P Kiernan Co my of Hartford a Hanford Senior Vice President On trio 22nd day of September 19 92 bete me personally came JOSEPH P KIERNAN me known,who being by me duly sworn,did depose and say:tha he/she Senior Vice President of THE AETNA CASUALTY AND SURETY COMPANY.the owehnauo descnbed net which xecuted me abov nstrument tha he/she knows Me al of said torpor that Me Seal affixed to m•said instrument uch corporat al: no that he/she xecuted the said natrume be an of the orporstio by uthonty of his/he office nder the Standing Resolu thereof. j - M M camml M 31 19 93 Na ory Publi : P4 Dorothy L. Marti CERTIFICATE I,the ndersigned. Secretary of THE.ETNA CASUALTY AND SURETY COMPANY tack rpo of St *of Co net .00 HEREBY CERTIFY tha the foregoing nd attached Powe of Alto ney nd Certificat of Autho my rem* Il to not be oked: no funhermo tha the Standing Resolu of the Bo rd of Directo set forth the Cemfiot of Autno ty. ow to --I Signed rid Sealed the Home Offic of the Company. City of Hartford.St a!Can - L Dgtad m' 12th pa of Apri 1 19 93 • i /' //)WW11_��"//I"s✓fed" -- By ,o_ n e c e• story IS-i92111Ml 2.90 PRI TED IN U S THE AMERICAN INSTITUTE OF ARCHITECTS APP OVED AS TO FORA -z r ,� AT/TORNEY ' +• Dig- Bond NO. 08 SB 100808150 BCA AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS. that NATIONAL PLANT SERVICES INC. 1461 HARBOR AVENUE LONG BEACH CA. 90813 (He rt full ame nd addr legal title of Conlr ctor) as Principal, hereinafter called Principal, and, THE AETNA CASUALTY AND SURETY COMPANY A Corporation organized and existing under the laws of the State(Ftrt rt full ame nd addr legal title of Su ety) Connecticut of 151 FArmington AVenue Hartford Connecticut 06156 as Surety hereinafter called Surety are held and firmly bound unto CO�ITA MES� �IUIITAI�Y QI�TR�fiT (He rt a name an a dress or ega [n e o W q as Obligee, hereinafter called Owner for the use and benefit of claimants as hereinbelow defined, in the amount of SIXTY ONE THOUSAND NINE HUNDRED THIRTY ONE AND 82/100ths - - -- - - IHe rt um equal to at le st -half of the ntr ct pr e) Dollars ($ 61,931 82 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. WHEREAS, NATIONAL PLANT SERVICES INC. Principal has by written agreement dated 19 entered into a contract with Owner for PROJECT NO. 1112100-122 JOINT REWORKING AND PIPE REPLACEMENT in accordance with Drawings and Specifications prepared by (He rt full ame nd addr legal tide of Architect) which contract is by reference made a part hereof and is hereinafter referred to as the Contract. AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA O FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y AVE N.W. WASHINGTON, D C.20006 3 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions. 1 A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad- water gas, power light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the cuit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law claimant, and have execution thereon. The Owner shall c) Other than in a state court of competent jurisdiction not be liable for the payment of any costs or expenses of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the sit- by any claimant district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following. the Principal, the to the extent of any payment or payments made in good Owner or the Surety above named, within ninety (90) faith hereunder inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics liens which may be filed of record against the work or labor or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 12th day of April 19 93 NATIONAL PLANT SERVICES INC. Ak . AIA (Pr pupal) (Scale (W11 s) 40.1 `rte BY DENNIS R. KEENE (Ta/e) PRESIDENT /J`�r/2 THE AETNA CASUALTY AND SURETY COMPANY ��// &an/st ,ly) 6ca11 (Wtlnr ann caruso Attorney in Eft) AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA opt FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHII ECTS,1715 N Y AVE. N.W WASHINGTON, D. C. 21)006 4 C THE/ETNA CASUALTY AND SURETY COMPANY j 71111 I!I Hartford, Connecticut 06156 LIFE&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS.THAT THE AETNA CASUALTY AND SURETY COMPANY rpo an nduly rga zed nderthe laws of the State of Co nect nd ha rig or pal off' the CttY of Hartford.Co rite of Hanford.Sta of Co ,altar ham mace ed nd a000 ted, nd do by the or make nd appo Anne C. Ruddy Dwight F Miller David C. Banks, Janice B. Kaplan, Kevin P Nagel, Jeffrey S. Stetson Lorraine Pozezinski, Eileen Lucitt, Ann Caruso, Curtis L. Willing, Bea Dahl, Carol Tasciotti, Yvette M. Washington, Evonne Brown, Theresa L. Donoghue, Julie A. Jopes, Richard K. Johnson or Lorraine G Aspegren - of Downers Grove, Illinois eta true nil lawful Art eylsl- -Fact with full nowt nda mhe nfe ign xecut nd owleoge pla wnht the Lin ed Sta if the following li be filled wi the the eg- ad the following trume tlsl' by his/he ale ion nd act. ny rid all bonds recogn acts of indemnity, nd thew sun ngs oblige cry the of a recogn al nderta ng, rid rid all We the a nd to bind THE AETNA CASUALTY AND SURETY COMPANY the aby fully nd to the ame extent if the ame we tgned by the duly utho adofficersof THE/ETNA CASUALTY A ND SURETY COMPANY nd all the acts al td Attomeylsl- -Fact,pu the rile try ga he eby tiled nd nfirmed. Tht a000 'men! a made nde rid by audio iry of the following Standing Resolu of id Company which Re oluti ow full fo nd effect: VOTED:The ash of the following off Cie•rma Vi eChauma President.Any Esecut aVi aPresident.Any Se rVi ePr We .Any VI President.Any Mass nt Vi •President.Any Secr ate,Any Assistant Secie ary.may from time to time apoo t Reside Vi ePreside Re Asa t Sects nea.Ada neya-in.Fact. nil Agents' act fo nd on bens/faiths Company and mayors/a ny such appo tee such a trio try a hi emfic of Monty may prescribe ign with the Company ame and al with the Company al bonds recogn noes. of ndemnma, nd that sun ngs oblige ory the attar of a bond.recogmasnca.or candiho at ndertaking, nd any of said officers the Bo rd of Directors may at ny ime ama any such spoor tee nd revoke the power and thorny given him. VOTED:The any bond.recogn aaaf indemnity, rwn ng oblige aryl the attar of a bond.recogmaan not al nderta ng i' ll O shall be alid nd binding upon the Company whe lal signed by the Chairman.the Vice Chatrma the Pr tde Esecent, u ibt VI Prest O / Sento Vi Presid Vi President, Assistant Vice Preside by Resident Vi President. pu to the powe press ex the LL 5 cc emficat of authonry of such Resident Vi a President rid duly attested and sealed with the Company at by Sects ary orASS/ tSecr ary I-- rbyaflesdent Assists t5ecetary,pursue the OVwer Prescribed mthe certificate of authanry of each Reside tAaaatam Seer ate: rlbl duly O !p, xecuted(under at if regu red/by mo Attorneys-in-Fact punu nt to the powe prescribed hi their emficat erotica' of i„,„, in :homy. LO, Ce This Paws of Attorney nd Camfieate of Authonry signed nd sled by facsimile nde nd by tho try of the fallowing St nano;Re olu 4 ted by the Board of Directors of THE,ETNA CASUALTY AND SURETY COMPANY which Resolu now full fo nd effect: ' /t VOTED: That the signatur of ach of the following officers:Chairma Vice Chamha President Any Execut Vi a Preside An Se Vi 0 V Iv,President,Any Vice PresdentAny AssistantVi a President Any Secretary.Any Asatetant Secr*ary- nd the al ofihe Company may be affixed by f Ltd acsimile to any power of attorney to any emficate etc ng the appo ng Resident Vi Presidents Resident Assis nt Se /©' ,,, Attomeys-m-Factfor purposes only ofexecutng and desttng bonds nd ndertakings and trier wntinga oblige ary nthe attar the of. ny c. uch powe of attorney o amficate bee ng ch faatmile tgnatu rfaormile al shall be valid and binding upo the Company nil ce e prover executed nd smiled by uch facsimile signatur nd facsimile seal shall be alid nd binding upo the Company the futur wi CL O sped!to ny bond ndertaktng which attached. a . IN WTNESS WHEREOF THE.ETNA CASUALTY AND SURETY COMPANY has caused the nstrument be tgned by Senior Vice President nd its orporate seal to be he affixed sit 22nd day of September 19 92 co.. THE G15UALTY ACID SURETY COMPANY By /'n / //L Ste of Co rummy( `! J seph P Kiernan sa.Hanford Senior Vice President Co my of Hartford On th, 22nd on of September 19 92 deform me personally came JOSEPH P KIERNAN to me known,who,bang by me duly sworn,did depose and say:the he/she Senior Vice President of THE/ETNA CASUALTY AND SURETY COMPANY thecarporaoo described nd which x*cuted the above nstrument tha he/she knows the al of said comorab thatthe sal affixed to the said instrument'such corpora at. nd that he/she xecuted the said neNme be if of the drpont by uthonty of his/he dffic nde the St riding Reach, thereof. _ asks?? M commission *wrest 31 19 93 No ary Pubb . cle Dorothy L. M i CERTIFICATE I.the ndersigned. Secretary of THE.ETNA CASUALTY AND SURETY COMPANY tuck rpo of the St of Co neat DO HEREBY CERTIFY the the forego ng nd ched Powe of Apo nay rid Certtficat of Autho try rems all to no ha of been oked: nd funhermo ,t ha the St nding Resolu of the Bo idol Directors. set forth the Certifies* of Au ow fo - Signed nd Sealed the Home Offtc of the Company, the City of Hanford,Sta oi Co nectt L Oated the 12th da of April 19 93 >J IIW` By „_ n W. Welch e ary 19-19211(m)2.90 PTh TED 5A MAINTENANCE BOND THE "ETNA CASUALTY AND SURETY COMPANY •• Hartford, Connecticut 06156 LIFE&CASUALTY APPROVED AS TO FORM ass A •RNEY F• DISTRICT :OND NO 08 SB 100808150 BCA KNOW ALL MEN BY THESE PRESENTS That NATIONAL PLANT SERVICES INC. 1461 Harbor Avenue Long Beach, CA. 90813 as Principal, hereinafter called Contractor and THE /ETNA CASUALTY AND SURETY COMPANY, as Surety, hereinafter called Surety are held and firmly bound unto COASTA MESA SANITARY DISTRICT as Obligee, hereinafter called Owner in the penal sum of $ 6,193.18 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. WHEREAS, Contractor has by written agreement, dated entered into a contract with Owner for PROJECT NO. 1112100-122 JOINT REWORKING AND PIPE REPLACEMENT in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void otherwise to remain in full force and effect. PROVIDED HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 12th day of Apri1 19 93 NATIONAL PLANT SERVICES INC. In the presence of (SEAL) 4 l�� Principal / BY ���j/�`E� JJ�n✓✓�,�wt�� DE R. REE , PRESIDENT Title THE /ETNA CASUALTY AND SURETY COMPANY By \ � ANN CARUSO Attorney-in-Fact CAT 557757 .(5-1223-F) 4-82 PRINTED IN U.SA j�Iw THE ETNA CASUALTY AND SU95 c MPANY 1 Ha ford.d, Connecticut 06156 LIFE&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL MEN BY THESE PRESENTS.THAT THE/ETNA CASUALTY AND SURETY COMPANY rpo dulyorga zed uncle the laws of the St of Co nett nd ha ng or ;pal offi the City of Hartford.Co my of Hartford,St of Co ern bath made nd appo ed. nd do by the Or make El nd appo Anne C. Ruddy Dwight F Miller David C. Banks, Janice B. Kaplan, Kevin P Nagel, Jeffrey S Stetson Lorraine Pozezinski, Eileen Lucitt, Ann Caruso Curtis L. Willing, Bea Dahl, Carol Tasciotti, Yvette M. Washington Evonne Brown Theresa L. Donoghue, Julie A. Jopes, Richard K. Johnson or Lorraine G. Aspegren - of Downers Grove Illinois its true nd lawful Atto eylsl- -Fact,with full powe nda rho ay he eby nfe ign nd cknowledge ny pia with, the Un ed St if the following li be filled with; the the ag- ed the following ume tlsl: by his/he ole ignatu nd ny nd all bonds cogn acts of indemnity, nd other wr ngs oblige ary the of rd. ogn ndi al ndenaking, nd ny nd all ide the nd bind THE AEETNA CASUALTY AND SURETY COMPANY the eby fully nd to the ame exte if the ame we igned by the duly a tho ed officers of THE,ETNA CASUALTY AND SURETY COMPANY nd all the acts of a id Attomeylsl- -Fact,pu the tho it, gi he eby titled nd nfirmed. Thi appo tment made nde nd by a rho try of the following Standing Resolu of id Company which Re olub ow i full fo nd effect A. VOTED'Tha achof the following offic Cha rma Vi eCha rma ,President.Any Executive Vi ePr ;dent.Any Se rVi e Pr ;dent.Any VI Preside .Any Ass tVi ePr ide .Any Secr ary,Any Asst tSe ary.may from time tottmeappo the ide tVi aPr ode Re ide l'i;1 rt; Assi nr Secretanes.Ano eys -Fact, nd Agents to act fa ndo behalf of the Company and may gi ny such appo tees ch autho ity a hi lvw ifi of thorny may prase ibe ign with the Company ame nd al with the Company al bonds recogn nce of en ndemnity, nd otherwn ngs oblige ory i the of a bond,recogn r conditlo al ndertakmg, nd any of a id offi r the Bo rd of Q rw Directors may at ny time emo ny uch appointe nd revoke the powe nd tho try gi him. VOTED.Tha ny bond.recogn act of indemnity. rwr ng oblige ory; the atu of a bond.recogn ndi al ndertakmg H a Q shall be slid and binding upo the Company whe (al igned by the Chairma the Vi Chairma the Pr ide Execu VI Pr ;de a' , + 0 Se Vi President. Vi Preside Ass stant Vi President by Reside Vi President, pu ant to the powe pr i bed the 0 V W erttficate of utho try of such Resident Vi •Preside nd duly attested nds sled with the Company al by Secre ary or Ass; t Se ary us r by a Resident Assistant Secretary.purse nt to the power prescribed in the enificate ofauthonty of a ch Resident Assistant Se ary; rlb)auly secured(uncle al.if redo red)by mo Atte nets- -Fact pu the powe pr nbed hi the erttfic erttficat of O tho ity. N Iii IX \O ry This Powe of Atto nay and Certificate of AUthan igned nds sled by facsimile nde nd by a tho try of the following Standing Re olu Q" Ted by the Bo rd of Dire= of THE:ETNA CASUALTY AND SURETY COMPANY which Resolu ow full fo nd effect: Q. VOTED: That the ignatu of ch of the following officers;Chairma Vi Chairma Pr 'dent.Any Execut Vi e Preside Any Se Vi Q a Preside .Any Vice President.Any Ass stant Vi a President.Any Sect ary,Any Assts tSecr ary, nd the al of the Company may be affi ed by facsimile ny powe of alto nay ny emficate ela ng the eto appo ng Resident Vi Preside Re ;dent Assi tit Se Alto nays -Fact for purposes only of execut ng and ng bonds nd ndertakings nd therwr ngs obligatory the the of, ny uch powe of a omey 0 ertificate be ngs ch facsimile ignatu rfacsimile al shall be slid and binding upo the Company nd ny ch power xecuted nd emfied by uch facsimile ign nd facsimile al shall be slid nd binding upo the Company the fu with aped ny bond ndertaking which it attached. IN WITNESS WHEREOF THE:ETNA CASUALTY AND SURETY COMPANY ha caused thi nstrume be igned by Senior Vice President nd its orpo al be he affixed tin 22nd day of September to 92 _ ea. THE A CASUALTY 7.113 SURETY COMPANY By St of Co necticut ` J seph P Kiernan )S Hartford Senior Vice President Co my of Hartford On du 22nd day of September 19 92 beta me personally came JOSEPH P KIERNAN me known who being by me duly sworn,did depose nd say:that he/she Senior Vice President of THE,ETNA CASUALTYAND SURETY COMPANY,the orpo demon bed nd which secured the abov strumenC that he/she knows the slat said corpo am that the al affixed to the ndi trument i uch corpo al; ndtha he/she xecuted the ;d nstrume behalf of the orporat by thonry of his/he QM nde the Standing Resole thereof. aitt M commiesfo xpres M 31 9'3 No dry Pub! :�..•• Dorothy L. M i CERTIFICATE I.the nde igned. Secretary of THE/ETNA CASUALTY AND SURETY COMPANY ck rpo of St of Co nett .00 HEREBY CERTIFY tha the forego ng nd attached Powe of An ey nd Certificat of Au tho ity rema 1110 ltd ha be oked: nd furthermo the the St nding Re olu of the Bo roof Direct t fonh the Certifi of Au ty, ow fo Signed nd Sealed the Home Off of the Company, the City of Hartford.St o Co n i.. t.Cried thi 12th da of April 19 93 / ,� 1 / By L.L.WL--- e ee etary lS-t921llMI2-90 INTED US ..AMIN:IL -CERTIFICATE' 'OF 'INSURANCE' ... ISSVEDATE(MM/OD/'/V) F 04/12/93 PRODUCER THIS CER FICA E IS ISSUED AS A MA ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ASSURANCE AGENCY LTD (3—J CO) DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE C/O GOW & HANNA INC (CARMA) POLICIES BELOW 100 MAIDEN LANE COMPANIES AFFORDING COVERAGE NEW YORK NY 10038 708-392-3922 COMPANY A MARYLAND INSURANCE GROUP �; EITEIY B {O � INSURED LEIR NATIONAL PLANT SERVICES INC COMPANY C Di t0 O'ODA L-530 H` K� 1461 HARBOR AVENUE LOARNY D 0' LONG BEACH CA 90813-2741 _�V COMPANY C gil i vy COVERAGES - 1 THIS IS TO CERTIFY THAT FHE POLIES OF INSURANCE LIST ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWIT HSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OP OTHER DOCUMENT WITH RESPECT TO WHICH T HI° CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E"CLUSICNS AND CONDITIONS OF SUCH POLICIES LIMITS SRO WNMAY HAVE BEEN REDUCED BY PAID CLAIMS COI TYPeOF IRa'AAANISE POLICY NUMBER POLIOY EFFtCTIVE POLIOY EXPIRATION LIMITS LTP DATE(MWDO/YY) DATE(MWDO/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY EC49189912 10/31/92 10/31/93 PRODUCTS-COMP/OP AGO $ 1 ,000 ,000 CLAIMS MADE X OCCUR PERSONAL 8. ANY INJURY $ 1 ,000 ,000 DATIER'S a CONTRACTOR' PROT EACH OCCURRENCE $ 1 ,000 ,000 FIRE DAMAGE IAny o e Ir el $ 100 ,000 MED EXPENSE Any one person $ 5 ,000 AUTOMOBILE LIABILITY COMBINED SINGLE $ A X ANT AUTO EC59189913 10/31/92 10/31/93 LIMIT 1 ,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pe pe nI X HIRED AUTOS BODILY INJURY S X UON-OWNED AUTOS (Pe 'dent) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 10 ,000 ,000 A X UMBRELLA FORM UB75382417 10/31/92 10/31/93 AGGREGATE $ 10 ,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS . A AND TC369498302 10/31/92 10/31/93 EACH ACCIDENT $ , ,000 ,000 EMPLOYERS'LIABILITY DISEASE-POLICY LIMIT $ 1,000 000 DISEASE-EACH EMPLOYEE $ 1 .000 .000 OTHER DESCRIPTION OF OPERATIONSTLOCATIONSIVEHICLESISPECIAL ITEMS COSTA MESA SANITARY DISTRICT IS NAMED AS ADDITIONAL INSURED WITH RESPECT TO OPERATIONS PERFORMED ON PROJECT NO. 1112100-122 JOINT REWORKING & PIPE REPLACEMENT CERTIFICATE HOLDER 'CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COSTA MESA SANITARY DISTRICT EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO 77 FAIR DRIVE MAIL 30 DAYSWRIT TENNOTICE TOTHECERTIFICATE HOLDERNAMEDTOTHE COSTA MESA, CA 92626 LEFT BUT FAILURE T• .AIL SUCH NOTICE SHALL!IMPOSE NO OBLIGATION OR LIABILITY OF ANYKI ■ IF THE COMPANY ITS AGENTS ORREPPESENT AT IVES UTHORIZED REPRES- nES- 4 034360006 ACO RD 25•S(7190)- ASSUAUU CE -AG2 NCY ,L7POACORD CORPORATION 1990 3 � v 1:17• `