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Project 123 - Contract - Schuler Engineering - 1991-10-10 PROJECT NAME PUMP STATTON RECONDITIONING & MAINTENANCE PROEJCT NO 1112100-123 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 SCHULER ENGINEERING CORPORATION , 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 October 10 1991 , 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 PUMP STATION RECONDITIONING & MAINTENANCE Project No 1112100-123 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 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 Seventy-seven Thosuand Six Hundred Seventy- five ($77 675 00) 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 thirty ( 30) 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 r addressed as follows COSTA MESA SANITARY DISTRICT 77 Fair Drive ir Costa Mesa California 92626 Notices required to be given to CONTRACTOR shall be addressed as follows SCHULER ENGINEERING CORPORATION 12155 Magnolia Avenue 9C Riverside California 92503 -17- Notices required to be given to CONTRACTOR S sureties shall be addressed as follows Dated this 1tOth day of October _, 19 91 COSTA MESA SANITARY DISTRICT B• President ATTEST / 1$111111111h__ By . Secretary APPROVED AS TO FORM CONTRACTOR SCHULER ENGINEERING CORPORATION- By F 1 c � By AttOrney District Bruce Schuler President APPROVED AS TO CONTENT By 11,1214/ istrict Engineer -18- ¶o A STOCK COMPANY - ESTABLISHED 1890 HOME OFFICE OF MARYLAND BALTIMORE 1 Faithful Performance Bond Bond No 30236581 Public Work (The premium charged on this bond is$_7.7.1.-C10_ being at the rate of $_ 10 00 per thousand of the contrAat,pij �. ED AS TO FORM: KNOW ALL MEN BY THESE PRESENTS F'PK THAT, WHEREAS, the_ Costa Mesa Sanitary District �T _w , EX_ O • DISTRICT ` • State of California, entered into a contract dated_ October 10, 19 91 with Schuler Engineering Corporation _hereinafter designated as the 'Principal, for the work described as follows. ?ump Station Reconditioning & Maintenance, Project No 1112100-123 • • and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. Now THEREFORE, We, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion organized and existing under the laws of the State of Maryland, and duly authorized to transact business under the laws of the State of California, as Surety are held and firmly bound unto Costa Mesa Sanitary District - Five and no/100ths in the penal sum of_SeVenty_Reven_ Thouaand S7,x hundxed Sexenty_ Dollars ($7a-,675,11(1 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind our selves,our heirs,executors,administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless the Costa Mesa Sanitary District its officers and agents,as therein stipulated, then this obligation shall become null and void otherwise it shall be and remain in full force and virtue. And the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifica- tions accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF We have hereunto set our hands and seals this 25th day of_ October 1991 Schuler En _ eering Corporation r' 6rt/de tag _Sad Aa/e/' Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND By .L���!S Michael f2. Langan / Altn-Fact C3173(CA)-IM.2-78 205059 -- - .. __ a 6' ' Wr- o g z :o A 1 F 6 c O a n A, w t° o „ a z = CC ■ � Z d O 4, 0 63 0 . z � ' ii d Al m Q, 1 p W 4 ® 1C W g b 0 o z L7 O c0 N z u.i O Fl ate+to U w (3 d 14 "ti WO y �ia I Fr= I r_1 z N N 1 1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C M PECOT JR Vice-President, and C W ROBBINS Assistant Secretary in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company which reads as follows: 'The Chairman of the Bo rd, the Pr dent, any Exe utiv Vi -Pre dent, ny of the Sen Vt -Pre [dents Vice-Pr 'dents specially autho zeds to do by the Bo rd of Di ctor or by the Executi e Commute shall ha powe ,by and with the of the Se etary or ny of the As stant Sec etas to appoint Resident Vi -Pr dents As stant Vi -Presidents and Atto eys in-Fact the bu mess of the Company may equ or to uthon ny pe pe ons to ex ute on behalf of the Company ny bonds ndertakings recognizance., stipulate poli ntr cts agr ements deeds nd ale sand ss,gnments ofjudgements de mortgages and instruments the natu of mortgage nd to affi the eel of the Company the eto. does hereby nominate constitute and appoint Michael R. Langan of Pasadena Cal ifornia- ue an aw ul agent and Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed. any and all bonds and undertakings • • • nr t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md. in their own proper persons. APP" OVED AS TO FORM: a_, The id Assistant Sec etary do herebyc rtify that the afo ego ng t a true copy of Article Vl,Se 4•n ,of •18 ay's. 6,,- suer ow fo IN WITNESS WHEREOF the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .11th. -day of December A.D. 19 85 a;+e a`°°s;,* FIDELITY AND DEPOSIT COMPANY OF MARYLAND ., SEAL` ASST ,/"/' (-ors_ YW V ,„t e c�.� P�,8-tea By t As stunt Sec etary Vice-President STATE OF MARYLAND I 55: CITY OF BALTIMORE 1 On the 13th day of December A.D 19 85 befo the ubscribe a Notary Public of the State of Maryland, and fo the City of Baltimo duly commits, ed nd qualified, ame the above- amed Vice-President and As stant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me pe ally known to be the ndi 'duals nd office s de ibed and who uted the preceding instrument, nd they each acknowledged the executi of the same and being by me duly two ally and e ch fo himself deposeth and sash,that they ar the id offi of the Company afo mid,and that the al affi ed to the pr eding strument is the Corpo ate Seal of said Company, nd that the td Corporate Seal and the' ignatu ch off' s we e duly affi ed and ubsc 'bed to the s id strument by the autho ity and di ction of the said Corporation IN TESTIMONY WHEREOF I have he eunto et my hand and affixed by Offi al Seal,at the City of&altumo the day and year fi st above written. Notary Public Commissl vas .July .l. .1.4$.6 CERTIFICATE I,the nde igned, As stant Se etary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do he eby rtify that the riginal Powe of Alto ey of which the forego ng a full,true nd c ct opy full fo nd effect on the date of this c rtificate nd I do furthe rtify that the Vice-President who e uted the td Powe of Atto ey wa of the addtn al Vi -Pr dents spec ally autho zed by the Board of Di ectors to appo nt ny Atto ey- -Fact pr ,ded Article VI,Sect, 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MaRyLAND, Thi Certifi ate may be igned by fa smile nde and by autho ny of the following olun of the Bo rd of Di do of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at meeting duly ailed nd held the 16th day of July 1969. RESOLVED: 'That the fa 'mile mecha wally eproduced ignatu of ny As stant Se etary of the Company,whethe made he etofor or he site whe appe ng upo a 'tried copy of any Rowe of atto ey ued by the Company,shall be slid nd binding upo the Company with the same fo nd effect though ma ally affi ed.' 25th IN TESTIMONY WHEREOF,I ha he unto ubs ibed my name nd affi ed the rpo ate seal of the id Company,thi day of O.Ctolts.> . 19. 9.1. ner ,aza.—"r —012-7454 Amster FOR 1 OUR PROTECTION LOOK FOR -I'FIE F&D \-& ATER:MaRK A STOCK COMPANY - ESTABLISHED 1890 FidelilymitINTpoll Campy HOME OFFICE OF MARYLAND BALT MORE Payment Ronal (Section 3247 Civil Code) Bond No 30236581 (Premium included in faithful performance bond) KNOW ALL MEN BY THESE PRESENTS. APPR!4 ED AS TO FORM: THAT WHEREAS. Costa Mesa Sanitary District has awarded to Schuler Engineering Corporation ,A :SRNEY DI-QTR!-= as Contractor a contract for the work described as follows Pump Station Reconditioning & Maintenance Project No 1112100-123 AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract,to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law NOW THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the Costa Mesa Sanitary District Hundred Seventy-l'i've & no/100 s in the amount required by law the sum of Se-venty-Seven Thousand Six dollars ($-2-7---6-7-5--O0- ), for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractor his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Act with respect to work or labor performed by any such claimant, that the surety or sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, othenvise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney s fee to be fixed by the court. This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF We have hereunto set our hands and seals this. 2501 day of October 19 91 Schuler Eeering Corporation t&,rvr--w -4 -SP-Atdie/It- side Contractor FIDELITY AND DEPOSIT COMPANY OF MA LAND tel. ti i c3177(cA)-3nt,11a4 196922 Michael . Langan, A orney-in-Fact Fo nnly CAL3I77J is o �', 1 II .i cif n I Ii 0 it Ya 4 1 i i T ■ a f 0 0 L I0 u w c1 o . _4. Power cf Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS.That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland,by C M. PECOT JR. Vice-President, and C W ROBBINS Assistant Secretary in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company which reads as follows: 'The Chairma of the Board, the Pr 'dent, ny Ex uti Vice-President, or ny of the Se Vi -Pr 'dents Vice-Presidents spe ally autho eds to do by the Board of Di ctor by the Ex uti e Committe shall have power,by and with the c cur rice of the Se etary ny of the As stant Secrete es,to appoint Re ident Vi -Pr 'dents As stant Vice-Presidents nd Attor eys -Fact the bu of the Company may equl to utho ny person pe ons to xecute on behalf of the Company ny bonds undertakings ogmzanc stipulation poli ntr cts agr ements deeds,and eleas nd ignments ofjudgements de mortgage nd instruments in the ature of mortgage nd to affi the al of the Company the eto does hereby nominate constitute and appoint Michael R. Langan of Pasadena California. rue an. awful agent and Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed. any and all bonds and undertakings n. t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md. in theirsatibp`y (�nks to FO : •TORNEY - • DISTRICT The said As stant Sec etary do hereby certify that the aforego ngi a true opy of Article VI.Section 2,of the By-Laws of said Company,and is ow fo IN WITNESS WHEREOF the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .J311l. .day of December A.D 19 85 .?�+o ofPos7:'t, FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1j L- SEAcit ATTEST e Percfr.g„ 044.49trea, By As stant Sec etary Vice-Pr tdent STATE OF MARYLAND SS' CITY OF BALTIMORE On tin 13th day of December A.D 19 85 befo the ubs ibe Notary Public of the State of Maryland,in nd fo the City of Baltimore,duly commas' ed nd qualified, ame the abo amed Vice-Pr ident nd Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me pe ally known to be the ndi 'duals nd office s de ibed nd who cuted the pre eding strument, nd they e ch acknowledged the uti of the same nd be ng by me duly swor ally and e ch for himself deposeth nd saith,that they are the id offi of the Company afo id, nd that the al affi ed to the preceding i strument sthe Corpo ate Seal of id Company,and that the said Corporate Seal and the ignatur ch offi we duly affixed and subs ibed to the id strument by the utho icy and directi of the said Corporati IN TESTIMONY WHEREOF I hay he nto et my hand and affixed by Off' al Seal,at the City of Baltimo the day and year ft st above written. y I r„ aI: a Notary Public Commissi tres .July. .1- .1.99.6 CERTIFICATE I,the unde 'fined, As scant Se etary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do he eby rtify that the iginal Powe of Atto ey of which the foregoing full,tr nd ct opy, full fo nd effect n the date of tin rtifi ate nd I do furthe rtify that the V -Pr 'dent who uted the id Powe of Atto ey wa of the additi al Vi -Presidents specially uthorized by the Board of Director to appo nt ny Attor ey- -Fact as pr ided Article VI,Secti 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. mule Thi Certifi ate may be tgned by fa ile unde and by autho ity of the following duo of the Bo rd of Di cto of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at meeting duly ailed nd held the 16th day of July 1969. RESOLVED: 'That the fa 'mile mecha really eprodu ed ignatu of any Ass stant Se etary of the Company,whethe made he etofo he eafte wherev appearing upon ertified copy of ny Rowe of atto ey ed by the Company,shall be alid nd binding upo the Company with the same force nd effect though manually affi ed IN TESTIMONY WHEREOF.I ha he unto ubs ibed my ame nd affi ed the rpo ate seal of the said Company,this. .2.5th. day of October 19 91 -012-7454 ---� Assist FOR A OUR PROTECTION LOOK FOR THE F&D \1 ATERMARK It 1Z3 Croy t1 CL (G:.c Fidelity and Deposit Company r HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Maintenance Bond Bond No 30236581 M AP• • OVED AS TO FORM: IC\OW ALL MEN BY 'HESF_ PRESENTS I , 1 at_ Schuler Engineering Corporation T• ' NE Iraz TTp-�� as Principal,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation organize um erb_th51�T of the State cif Maryland and authorized to do a surety business in the State of California, as Surety are held and firmly bound unto the Costa Mesa Sanitary District in the sum ,f ien it ousand and no/iUOths-- - --'--- ---- - - Dollars, lawful money of the United States of America, for the payment of which sum well and truly to be made we bind ourselves our heir- e:ec:utors, administrators, successors and assigns, jointly and severally firmly by these present Scale with our seals and dated this 5th day of November 1991 W'riErsE \S, on the 10th day of October 19 91 the said Schuler Engineering, Corporation as contracto entered into a contract for the Pump_ S.tat Svon Peconditkowing & Maintenance work required in the construction of the Project No 1112100-123 for the sum ,f $ 77,675 00 and \Valle AS, undr the terms of the specifications for said '.cork, the said_ Schuler Engineering Corporation is required to gi �e bond equal to Ten per cent of the amount of the contract o protect the_ Costa Mesa Sanitary District against the resu! of faulty materials or workmanship for a period of_ One Year from and after the date of the completion and acceptance of same, namely until 19 NOW THEREFORE, if the said_ Schuler Engineering Corporation shall for a period of One Year _from and after the date of the completion and acceptance of same by aid Costa Mesa Sanitary District replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void otherwise to remain in full force and effect. Schuler gineering Corporation (SEAT.) �— (SEAL) FIDELITY AND DEPOSIT COMPANY O/FF MARYLt - By �iC " ��L_- + By R. Lang Attorney-in-Fact t Attest: Agent C40181( )-500 10-08 1(10506 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS.That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by C M PECOT 3R Vice-President,and C W ROBBINS Assistant Secretary in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company which reads as follows: The Cha rma of the Bo rd, the Pr 'dent, ny Ex uti Vi -Pr 'dent,or ny of the Se Vi -Pr tdents V+ -Pr 'dents spe allyautho ed to do by the Bo rd of Di do rby the Ex uti eCommne shall ha powe by nd with the co of the Se retary ny of the As slant Sec eta to appo nt Re dent Vi -Pr 'dents As slant V' -Presidents nd Attu eys -Fact the bu of the Company may equ to utho ny pe or pe to ute behalf of the Company ny bonds ndertakings ogntzan stipulati ns,pelt ntr cts agreements deeds nd ale nd a 'gnments of judgements de mortgage nd struments n the ature of mortgage nd to affi the al of the Company thereto does hereby nominate constitute and appoint Michael R. Langan of Pasadena California. rue an. awful agent and Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed any and al1 bonds and undertakings • • • - • nr t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md. in their own proper lersons. APP• •VED AS TO FORM: mak A ORNEY174T' DISTRICT' The said As stant Sec etary do he ebyc rttf v that the afo ego ng' tr opy of Article VI,Sectt 2'of the By-Laws of aid ompany,atm is ow fo IN WITNESS WHEREOF the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this .13th- -day of December A.D 19 85 ,t:,°"'3. tN FIDELITY AND DEPOSIT COMPANY OF MARYLAND e ATTEST i, . ,,, e ( Pe.-1?-4 .cf n f;e... By As start Se etary V -President STATE OF MARYLAND 1 CITY OF BALTIMORE ' SS On thi 13th day of December A.D. 19 85 befo the ubs ibe Notary Publi of the State of Maryland, nd fo the City of Baltimo duly ommt ed nd qualified, ame the abo amed Vi -Pr 'dent nd As slant Sec etary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.tO me pe ally known to be the ndi 'duals nd off' s de ibed nd who uted the preceding t strument, nd theye ch cknowledged the uti of the ame nd be ng by me duly swo ally and ch fo himselfdeposeth nd ith,that theya the id offi of the Compa afo 'd, nd that the alafft ed to the pr edingi strument the Corpo ate Seal of id Company nd that the id Corpo ate Seal and the ignatu ch offi we eduly affi ed nd ubs ibed to the id strument by the utho ity nd di cti of the said Corporate IN TESTIMONY WHEREOF I have he nto set my hand and affi ed by Offt al Seal,at the City of Balttmote day and year fi at above wwntte a°`F •Ass i - `..Daly.�_` _ . �\ Notary Public Commissi vas .1. .I-99.4. CERTIFICATE I,the uncle +fined. As scant Se etary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do he eby rtify that the riginal Powe of Attu ney of which the forego ig s a full,tr nd c :t opy full fo nd effect n th date of au rtifl nd I do furthe rtify that the VI -Pr 'dent who uted the id Powe of Attu ey wa of the addle aI V -Pr tdentsspe ally utho ed by the Bo rd of D' cto to appo nt ny Alto ey- -Fact pr tded Article VI,Sect' of the By-Laws of the FtDELFFY AND DEPOSIT COMPANY OF MARYLAND. Tht Certift ate may be igned by fa mule nde nd by utho ity of th following oluti of the Bo rd of Dt ctor of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at meeting duly ailed nd held the 16th day of July 1969. RESOLVED: 'That the fa mile mecha ally eproduced ignatu of ny As slant Se etary of the Company whethe made he etofo he elle wher appe ng upo rtified opy of ny powe of atto ey ued by the Company,shall be slid nd bending upo the Company with the same fo nd effect though manually affi S. 5th day IN TESTIMONY WHEREOF I ha he nto ubs 'bell my ame nd afft ed the corpo ate seal of the d Company,tin f November 19- 91 -�—Lt —Ol2 7454 .9 As st N. I I./V y 1 1 1 I- T: Fl Al \ 11. R \d 1 R I. I'ACOML CERTIFICATE OF INSURANCE ISSUE DATE(MMIDD/YY) _ r 1 1/?0 /91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Cc-rnr,E:i r t a l AS..00 t a t Br I ieura,ice NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 21E1 Tc e nc CE)lti e Flare _ ____ _ Suite ,3()E �'__COMPANIES AFFORDING COVERAGE Ai (helm CA 9L. !)i! __ __ _ _____ _ ( 1-0978- I( ) COMPANY Chin LETTER A CODE SUB-CODE __....,. -- .-.--. .-- ...... -_� LETTERNY B ST FAUL. SURPL US COM`FANY -'_ INSURED __ SCHLULER ENGINEERING CORPORATION COMPANY C P 0 BOX 8517 ET'-- _r_ RIVERSIDE C-) 'I S15-8`117 COMPANY LETTER D __ _ ---- I COMPANY E ,.�.... .. . _ LETTER COVERA_GE_S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR I DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY I �----r �GENERAL AGGREGATE I$ _)! )� X 'COMMERCIAL GENERAL LIABILITY 3O '02 2JSF-! (1 / )1/91 I )1 y O 1/ -/ PRODUCTS-COMP/OPS AGGREGATE$ 1 (7.)C) i!--- CLAIMS MADE' X�OCCUR I !PERSONAL&ADVERTISING INJURY $ 1 ), J( OWNER'S 8 CONTRACTOR'S PROT. 4 EACH OCCURRENCE __ $ 1 q OI)e=) �---} `t FIRE DAMAGE(Any fi e) $ v() MEDICAL EXPENSE(Any pe n)1$ A AUTOMOBILE LIABILITY I v 1 COMBINED } s �o /e i ! SINGLE $ , I ANY AUTO 1U 8 8:3 ,( 1 1 3_ n1./t)1 98 ,LIMIT I 1 ,trt,t LX i ALL OWNED AUTOS I I BODILY Ix I SCHEDULED AUTOS APP• •VED As TO FORM: 1(PeDPe n) I$ I ti `HIRED AUTOS BODILY I ~_^ ( ` . INJURY I$ X (NON OWNED AUTOS I �1` i(Pe itlenU __ i I GARAGE LIABILITY I PROPERTY 1 _. A ORRIEY FO DISTRICT t DAMAGE I _, EACH AGGREGATE B EXCESS LIABILITY OCCURRENCE -PO 55() 7' 1,41 )1 / )1 91 4 1)1 /9=' ! $ 4 (iC' C a .al )))() X 11 OTHER THAN UMBRELLA FORM ( t i J { _ e_, -+.....____— _ .— _...__ __� _— 'i STATUTORY _._' WORKER'S COMPENSATION I t SO 282 2585 j S);I 'oh 91 I )1 O1/9E. $ I 1 ft it (EACH ACCIDENT) AND 1-/II 11I —EA ------ EMPLOYERS'LIABILITY I _ 1 ^)I 1(I (DISEASE-POLICY LIMIT) _! _ _ $ ' _!1 alt i!) (DISEASE-EACH EMPLOYEE) OTHER I . ._ - —_. — DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS RE PROJECT $5111211)+) 123 C:E.FTIFICA 'E HOLDEF IS ADDED AS ADDI I ONAL IN" URED 1() DAYS NOT Cis. OF CANCELLATION APPLIES FOR NON--F' -IYME'N'T OF NONREF'ORTINL, CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COSTA MESA SANITAR / DI: fE IC7 EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO F U BOX 1 E()() I MAIL 32 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COSTA MESA LA 92,523 LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON HE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JEW"' ER 1- 1IC H ACORD 255 (3/88) ©ACORD CORPORATION 1988 .CNA INSURANCE COMPANIES INSURANCE AFFORDED BY THIS ENDORSEMENT SHALL BE PRIMARY AND NON-CONTRIBUTORY WITH INSURANCE HELD BY THE ADDITIONAL INSURED DESIGNATED BELOW AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED APPRI►VED AS TO FL/1 I ADDITIONAL INSURED ENDORSEMENT AT ORNEY —ink DISTStb:T IF YOU ARE REQUIRED TO ADD ANOTHER PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED ON THIS POLICY UNDER A WRITTEN CONTRACT OR AGREEMENT CURRENTLY IN EFFECT OR BECOMING EFFECTIVE DURING THE TERM OF THE POLICY AND A CERTIFICATE OF INSURANCE LISTING THAT PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED HAS BEEN ISSUED THEN WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THAT PERSON OR ORGANIZATOIN (CALLED ADDITIONAL INSURED ) THE INSURANCE FOR THAT ADDITIONAL INSURED IS LIMITED AS FOLLOWS 1 THAT PERSON OR ORGANIZATION IS ONLY AN ADDITIONAL INSURED FOR ITS LIABILITY ARISING OUT OF PREMISES YOU OWN RENT LEASE OR OCCUPY OR FOR YOUR WORK' FOR OR ON BEHALF OF THE ADDITIONAL INSURED AND 2 THE LIMITS OF LIABILITY FOR THE ADDITIONAL INSURED ARE THOSE SPECIFIED IN THE WRITTEN CONTRACT OR AGREEMENT OR IN THIS POLICY, WHICHEVER IS LESS THESE LIMITS ARE INCLUSIVE OF AND ARE NOT IN ADDITION TO THE LIMITS OF INSURANCE SHOWN IN THE DECLARATIONS AND 3 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED THIS ENDORSEMENT AND ANY COVERAGE PROVIDED HEREIN APPLY ONLY TO THE POLICY TO WHICH IT IS ATTACHED THE COVERAGE PROVIDED BY THIS ENDORSEMENT IS NOT EXTENDED TO ANY OTHER POLICY ISSUED TO THE INSURED UNLESS SUCH POLICY IS SPECIFICALLY ENDORSED. ADDITIONAL INSURED COSTA MESA SANITARY DISTRICT IT'S ELECTIVE BOARD OFFICERS AGENTS AND EMPLOYEES AS RESPECTS WORK PREMIUM $ INCL PERFORMED BY OR ON BEHALF OF THE NAMED INSURED Phis endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown below Complete Only When This Endorsement Is Not Prepared Must Be Completed with the Policy Or is NOt to be Effective with the Policy ENDT POLICY NO. ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT 3 07822582 SCHULER ENGINEERING 11 /90/91 r r39543A Countersigned by Authorized presentative 3L.474 CNA For All the Comm it men You Make