05-126, National Plant Services, Inc..
(J'fJ--/2'
E. CONTRACT FOR PUBLIC WORKS
This CONTRACT made on September 15, 2005 by the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter called CITY, and
National Plant Services, Inc. hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of this contract and
the following contract documents incorporated herein by reference:
a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion
Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form.
b. Standard Specifications, General Provisions, Special Provisions and Technical Provisions.
c. Specifications for Storm Drain Catch Basin Cleaning, Project No. 2005-07
d. Faithful Performance Bond.
e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance,
Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project,
Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy
Cancellation Endorsement.
All of the above documents are incorporated into this contract by reference so that any work
called for in one and not mentioned in another, is to be executed the same as if mentioned in all
of said documents. The documents comprising the complete contract are sometimes hereinafter
referred to as the Contract Documents. In case of conflict between the Plans and the
Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall
prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus,
facilities, labor, transportation and materials necessary to perform and complete in a good and
working order, the work of cleaning storm catch basins, as called for, and in the manner
designated in, and in strict conformity with, the Plans and Specifications prepared by the
Engineer and adopted by CITY, which Specifications are entitled, respectively, Storm Drain
Catch Basin Cleaning, Project No. 2005-07 and which Plans and Specifications are identified
by the signatures of the parties to this Contract. It is understood and agreed that said tools,
equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that
said work shall be performed and completed as required in said Plans and Specifications under
the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its
representative.
CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr.
Ralph A. Qualls, Jr.
1
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, the sum of $56,700 (Fifty Six Thousand, Seven
Hundred Dollars and No Cents) subject to additions and/or deductions as provided in the
Contract Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or 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, said dispute shall be determined either
by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if
applicable, or in accordance with the agreement of the parties, or in accordance with Section 6,
paragraph "f' of the General Provisions.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction of the project, give
all necessary notices, pay all fees required by law, and comply with the laws, ordinances and
regulations relating to the work and to the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops
wherein the work is in preparation. Where the Specifications require work to be specially tested
or approved, it shall not be tested or covered up without timely notice to CITY of its readiness
for inspection and without the approval thereof or consent thereto by CITY. Should any such
work be covered up without such notice, approval, or consent, it must, if required by CITY, be
uncovered for examination at CONTRACTOR'S expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time
during the progress of the work require any alterations, deviations, additions or omissions from
the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and
the same shall in no way affect or make void the Contract, but the cost or value thereof will be
added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if
applicable, the Standard Specifications, or in accordance with the agreement of the parties. No
extra work shall be performed or change be made except by a written order from CITY, duly
authorized by resolution of the City Council, and by all agencies whose approval is required by
law, stating that the extra work or change is authorized, and no claim for an addition to the
Contract sum shall be valid unless so ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the
right to make changes in this Contract during the course of construction to bring the completed
improvements into compliance with environmental requirements or standards established by
State and Federal statutes and regulations after the Contract has been awarded or entered into.
CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties.
9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The compensation
payable, if any, for such termination, amendment or modification, shall be determined either by
2
reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with
the agreement of the parties.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the Proposal and the Specifications of this
project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its
employees, or those under it by contract or otherwise, or by changes ordered in the work, or by
strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause
which CITY shall determine justifies the delay, then the time of completion shall be extended
accordingly. This paragraph does not exclude the recovery of damages for delay by either party
under other provisions in the Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY
a sufficient time in advance of the manufacture, production or testing of materials to be supplied
under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and
testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be
adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account of insolvency, or if CONTRACTOR or any
subcontractor should violate any of the provisions of the Contract, CITY may serve written
notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the
Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract,
and unless within ten (10) days after serving of such notice, such violation shall cease and
satisfactory arrangements for corrections thereofbe made, the Contract shall, upon the expiration
of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall
immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the
surety shall have the right to take over and perform the Contract; provided, however, that, if the
surety within fifteen (15) days after the serving upon it of notice of termination does not give
CITY written notice of its intention to take over and perform the Contract, or does not
commence performance thereof within thirty (30) days from the date of the serving of such
notice, CITY may take over the work and prosecute the same to completion by contract, or by
any other method it may deem advisable, for the account and at the expense of CONTRACTOR,
and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY 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.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to amounts which CITY may retain under other
provisions of the Specifications until final completion and acceptance of all work covered by the
Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as
in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors
for labor and services rendered and materials furnished in and about the work.
City may apply such withheld amount or amounts to the payment of such claims in its discretion.
In doing so, CITY shall be deemed the' agent of CONTRACTOR, and any payment so made by
3
CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR,
and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such
payment may be made without prior judicial determination of the claim or claims. With respect
to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR
will be entitled to substitute securities as provided in Section 4590 of the California Government
Code as more fully described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the party giving such
notice, or by a duly authorized representative of such party. Any such notice shall not be
effective for any purpose whatsoever unless served in the following manner: (a) if the notice is
given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF
CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and
certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to
CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the
project, or by depositing same in the United States mails enclosed in a sealed envelope,
addressed to, 1461 Harbor Avenue, Long Beach, CA 90813 postage prepaid and certified; and
(c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery
thereofto CONTRACTOR'S surety or other person, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S
surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of
the person last communicated by such person to the party giving the notice, postage prepaid and
certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior
written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or proprietary name, or
by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY
agrees in writing to some other material, process or article offered by CONTRACTOR which is
equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove
equality of any such material, process or article offered as a substitution to the one(s) specified.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work is sublet,
CONTRACTOR shall require any and all subcontractors similarly to provide Worker's
Compensation and Employer's Liability Insurance for all of the latter's employees unless such
employees are covered by the protection afforded to the CONTRACTOR.
In signing this Contract CONTRACTOR makes the following certification, required by Section
1861 of the Labor Code: "I am aware of the provisions of Section 3700 ofthe Labor Code which
requires every employer to be insured against liability for worker's compensation or to undertake
4
self insurance in accordance with the provisions of the Labor Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety provisions of applicable
laws, building codes and construction codes shall be observed. Machinery, equipment and other
hazards shall be guarded or eliminated in accordance with the safety provisions of the
Construction and Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall
not be responsible for the cost of repairing or restoring damage to the work caused by Acts of
God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item,
obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God.
"Acts of God" shall include only the following occurrences or conditions and effects:
earthquakes and tidal waves, when such occurrences or conditions and effects have been
proclaimed a disaster or state of emergency by the President of the United States or by the
Governor of the State of California, or were of a magnitude at the site of the work sufficient to
have caused a proclamation of disaster or state of emergency having occurred in a populated area.
Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss,
damage, expense or liability for any loss or damage that may happen to said building, work, or
equipment or any part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the
first-class quality of all work and of all materials, apparatus and equipment used or installed by
CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this
Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which
event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as
performed by CONTRACTOR will conform with the Plans and Specifications or any written
authorized deviations therefrom. In case of any defect in the work, materials, apparatus or
equipment, whether latent or patent, revealed to CITY within the time period specified in the
technical provision from the date of acceptance of completion of this Contract by CITY,
CONTRACTOR will forthwith remedy such defects without cost to CITY.
5
P.O. No.
21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of
the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The
alternates chosen would be for any sites currently under construction or to be constructed in the
future.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and
year first hereinabove written.
C31JillJTINO: CONTRACTOR:
, \ ~ ~ f~ ~\.lll<l,,'t:i'L
By: W Iv. 3/.0;- ~
David W. Knapp ,
City Manager By: ~ L- ~ /!.., )/e!t~ ~
Attest: ~t:;~
City Cler
Date: NorJt ynb~f /
City Clerk
, 20 6S
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. Ifnot a corporation a
Social Security No. is required.
Social Security #
3 b.''tJ /17;;2. e
Federal Tax I.D. #
Contractor's License No. J ~\.'SD"'3
Project Name & Number: Storm Drain Catch Basin Cleaning, Project No. 2005-07
Contractor's Name & Address: National Plant Services, Inc.
1461 Harbor Avenue
Long Beach, CA 90813
Contract Amount: $ 56,700
Account Number: 230-8004-7014
File No: 97,567
6
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
On this 20th day of October 2005, before me, Laura B. Busch, a notary public in
and for the State of California, personally appeared Dennis R. Keene, proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his individual
authorized capacity, and that by his signature on the instrument, the person executed the
instrument.
WITNESS my hal}A and official seal.
, '1
(SEAL)
/.
1/;) ~ /',
/-- ~ /' //1
Signatur~ :;C(v~ ~ /c:.
/Y
,,~
//~~'C~ICi: ~
LAUPA 8. BUSCH
Commission. # 1375462
Notary Public. California
Los ,A,ngeles County
My Comm. Expirfl ~ 9, 2006
-i
:tJ
en
N
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of th is form to another document.
IDENTIFICATION OF DOCUMENT
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED BELOW:
TITLE OF DOCUMENT: E, Contract for Public Works
Number of Pages:_ Date of Document: September 15.2005
Signer(s) other than named above:
BID PROPOSAL
EXHmrr A
STORM DRAIN CATCH BASIN CLEANING, PROJECT 2005-07
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and specifications furnished for the work of the STORM DRAIN
CATCH BASIN CLEANING, PROJECT 2005-07 for the City of Cupertino, the undersigned,
hereby declare that r have read the proposal requirement, visited the sites, and examined the
specifications. r, the undersigned, hereby propose to do all work required to complete the work
in accordance with the plans and specifications for the prices set forth in the following schedule.
r further understand that said prices include all costs including, but not limited to, local, state and
federal taxes, and transportation costs.
Bidders shall complete the entire Statement of Qualification and submit it with the bid
proposal documents. Failure to complete the questionnaire or inclusion of anv false
statement(s) shall be f!rounds for immediate disqualification.
r, the undersigned, also understand that the quantities shown below are estimates only, being
given as a basis for comparison of bids. The City of Cupertino does not state that the actual
amount of work will correspond but reserves the right to increase or decrease the amount of any
class or portion of the work or to omit items or portions of work deemed unnecessary by the
Engineer.
The City of Cupertino reserves the right to unilaterally determine and award the contract to any
qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive
any irregularities in the procedures.
The work to be done consists of furnishing all labor, methods of process, tools, machinery and
material required to complete the STORM DRAIN CATCH BASIN CLEANING, PROJECT
2005-07 as described in the Special Provisions.
r, the undersigned, shall diligently prosecute the work to completion as scheduled. I further
understand that r shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars
($150.00) per day, for each and every day services are not completed as scheduled and/or
specified.
In the event of discrepancies between the written unit price and the numerical unit price, the
written price shall govern.
.. "., tL PLAN-I SCR"ICi:<': I' ,.
, . ,.~ ; .1"\ L;; V 1.."", I,
1461 HARBOR AVENUE
,QNG BEACH, CA 90813
Bid Proposal Page 1 of 8
I, the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City
of Cupertino to provide all necessary machinery, tools, apparatus, and other means of
construction and to do all the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made' without connection with any person, firm, or
corporation making a bid for the same work, and is in all respects fair, and without collusion or
fraud.
I, the undersigned. recognize that the Director of Public Works of the City of Cupertino will
reserve the right to establish the priority of one job over another and each starting date where
conflict of construction schedules occur.
Attached hereto is the required certified check or bid bond in the amount of $ ~ ~~ as
required by law and the Notice to Bidders. 10% of bid amount)
NATIONAL PLANT SERVICES, INC,
1461 HARBOR AVENUE
C1rH~ I)~'\ I'\~.j r.' ','
Bid Proposal Page 3 of 8
NATIONAL PLANT SERVICES) IHe'
1461 HARBOR AVENUE
LONG BEACH., CA 90H13
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
I, the undersigned, being first duly sworn, depose and say that I am
f~~
(Business Title)
of f\l.6r\"UN'A-L.. ~~\.1~ ~
(Business Name) ,
the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation. The bid is
genuine apd not collusive or sham. The bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or. indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract. All statements contained in the bid are true and,
further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown
thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company, association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or spam bid.
q fi~'OC
-
J>~~~~
~~
) 6j :::'~':5- f
~. NotJIry Public - California ~
) - Fresno CDUnty f
_ _ _ ~~.:..~i~~2:~
Bid Proposal Page 4 of 8
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I, the undersigned, submit the following
statements as to my experience and qualifications to perform this work as a part of this proposal.
We have been in business under the present name for Jet
years.
Our experience in work comparable with that required by the proposal contract is ~II-
years operating under the following different name(s).
~ .pt.JWr' ~\l\U.b ~
i
My California Contractor's License Number is 1~ISbi
The classification of my Contractor's License is ~
The expiration date for my Contractor's License is "t"to 1)00'"
******************************************************************************
*
(This Section for City use only)
*
The above information has been verified by
on
*
Contractors State License Board (800) 321-2752 or (408) 277-1244.
******************************************************************************
Where federal funds are involved, no bid submitted shall be invalidated by the failure of the
bidder to be licensed in accordance with the laws of the State of California, however,'at the time
the contract is awarded the contractor shall be properly licensed.
NATIONAL PLANT SERVICES, INC
1461 HARBOR AVENUE
LONG BEACH~ CA 90813
Bid Proposal Page 5 of 8
,': : ;Gj'~AL PLANT S. ERV /Cr-c I'".,
\ Co,) 11<'
1461 HARBOR AVENUE'
LONG BEACH, CA 90813
SUBCONTRACTOR'S FORM
The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California
Business and Professions Code, that I propose to hire to perform any of the work for this project
in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only
those listed below shall perform work on this project and each of them has been provided with a
full artd complete set of plans and specifications for this project by the bidder.
1. Name~ Contractor's License No.
Address & phone no.
Work to be Performed
2. Name
Address & phone no.
Work to be performed
3. Name
Address & phone no.
Work to be performed
4. Name
Address & phone no.
Work to be performed
5. Name
Address & phone no.
Work to be performed
6. Name
Address & phone no.
Work to be performed
Contractor's License No.
Contractor's License No.
Contractor's License No.
Contractor's License No.
Contractor's License No.
Bid Proposal Page 7 of 8
" "ILAhl SER'v\(;ttl, 1"'_
-1461 HARBOR AVENUE
LONG BEACH. CA 90813
BIDDER'S SIGNATURE FORM
IF YOU ARE AN lNDNIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDNIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES
OF THE PRESIDENT, SECRETARY-TREASURER, AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS
ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF NAME OF
BUSINESS ~~ BUSINESS ~~~~
CORPORATION: NmL~\" p~ ~"" ')::f'l.
J
CO-PARTNERSHIP:
INDNIDUAL:
JOINT VENTURE:
OTHER:
(Describe)
Name and Signature of Bidder: ~
(Print or type name) A ~.,. _....u 1-
J)~~ ~ f.-uolK}03
I
Date: q J'I:l.J ~
Address (mailing & location): ~c. \ ~ ~
~ J1,~, ~ 9()Q &3
fJ'~ &(9f. -I~~
Telephone Number:
Acknowledgment of all addenda received is required by circling each addendum number.
o
2
3
4
5
6
7
8
9
10
Bid Proposal Page 8 of 8
~
CITY Of
CUPEIQ"INO
INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the
protection of its employees during the progress of the work. The insurer shall waive its rights of
subrogation against the City, the City's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations hereunder, commercial general liability
insurance, automobile liability insurance and lntihlir'i :ill ci.lSk iREwraR8~ All insurance coverage
shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a
form prescribed by the City and shall be underwritten by insurance companies satisfactory to the
City for all operations, sub-contract work, contractual obligations, product or completed operations,
all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor,
excepting worker's compensation coverage, shall name the City, its engineer, and each of its
directors, officers, agents and employees, as determined by the City, as additional insureds on said
policies Insurers must be licensed to do business in the State of California. The Insurers must also
ave an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the
current Best's Guide Rating or that is otherwis~ acceptable.t<], the City.
e~\- ~~ C+f4'P~1uoN ~ ~lOof~ M~~'
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carrier and policy
and that the insurance is in force and will not be canceled or modified without thirty (30) days
written notice t the Cit Contractor shall maintain all of the foregoing insurance coverages in
orce until the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of the City by
Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in
full force and effect during the life of this Contract, the following insurance in amounts not less than
the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is
otherwise acceptable to the City. L.L __ I ~ /'I'fN- fjy~ of ~,LfI'\
'0 ~ ~ha Of CIJ.'-CIS' tJ1V'AI ,.. '- ..,.., I ,
LIMITS '
Worker's Compensation In accordance with the Worker's Compensation
& Employers' Liability Act of the State of California - Worker's comp -
"statutory" per CA Law; Employers' Liability-
$1,000,000 per occurrence.
Insurance Agreement Page 1 of 2
General Liability - commercial general liability;
including provisions for contractual liability,
personal injury, independent contractors and
products - completed operations hazard.
Automobile Liability - comprehensive covering
owned, non-owned and hired automobiles.
Consultants only: Errors and Omissions liability.
Combined single limit of $1.0 million per
occurrence; $2.0 million in the aggregate.
Combined single limit of $1.0 million per
occurrence.
$1.0 million per occurreni'bBLlC WORKS
OC126 2005
--"'~ p'f}~.f fiMliJ& j:rl,
I
(Contractor's Name)
BY~~L
Da ed: ()J-~;Io
20 oS-
Insurance Agreement Page 2 of 2
Bond No. 104624455
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT:
THAT WE, NatIonal Plant Services, Inc. as
Principal, (con.tractor's nam,e)
and Travelers Casualty and Surety Company of AmerIca as
Surety, ' (bonding company's name)
are held and firmly bound unto the City of Cupertino, State of California, in the sum of
FIfty SIx Thousand Seven Hundred and 00/100 Dollars ($56,700.00) . lawful
money of the United States, for the payment of which will and truly to be made, we bind ourselves,
our heirs, executors, successors and assign,s, jointly and severally, firmly by these presents:
THE CONDITION of the foregoing obligation is such that,
WHEREAS, the Principal has entered into a contract wi.th the City dated
September 15 20~ with the obligee to do and perform the following work to-wit:
Storm Drain Catch BasIn Cleanlnq, ProJect No. 2005-07
NOW, THEREFORE, if the said principal shall well and truly perform the work contracted
to be perfonned under said contract, then this obJi.gation shall be void; otherwise to remain in full
force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety
this 7th day of October , 20.22...-.
(To be signed by Principal and Surety, Notary acknowledgment required)
CONTRACTOR
NatIonal Plant ServIces, Inc.
"hmci~~""';
Travelers Casualty and Surety Company of AmerIca
Surety
Street Address:
City, State, Zip
215 Shuman Blvd.
Naoervllle. IL 60563
By: R u.' ~'~ j~.Q~tjQp~
Brenda D. - Hockberger, Attomey- -Fact '
The above bond is accepted and approved this _day of
,20_.
Faithful Performance Bond Page 1 of 1
~STPAUL
~ TRAVELERS
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of an insurer's statutorily established
deductible for that year. The Act also caps the amount of terrorism-
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
ILT-1018 (9/04)
TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF A TTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford.
County of Hartford, State of Connecticut. (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Dwight F. Miller, David C. Banks, Janice B. Kaplan, Carol F. Tasciotti, Evonne Brown,
Adele M. Korczak, Grace Villarreal, Gail Schroeder, Rebecca L. Dauparas, Barbara J. Bailey, Cindy Genslinger, Gina M.
Damato, Meredith C. Covelli, Thomas A. Pictor, Erik Janssens, Jane Bronson, Carrie M. Goesel, Michael Damewood,
Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, David Donovan-Schager, John Fay, Lawrence R.
Conrath, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D. Hockberger,
Meredith Day, Kristin J. Warzyniak, Sarah A. Thorson, Michael A. Clark, of Naperville, Illinois, their true and lawful
Attomey(s)-in-Fact. with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United
Sta~, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and
other writings obligatory in the natW'e of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and ,to the same extent as if the same were signed by the duly authorized officers of the
Companies, and all the acts of said Attomey(s)-in-Fact. pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President. any Senior Vice President, any Vice President, any
Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in
writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President, any Senior Vice
President or any Vice President. any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRA VELERS CASUAL TV AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of -each of the following officers: President, any Executive Vice President. any Senior Vice President,- any Vice
President, any Assistant Vice President. any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(05-04) Unlimited
'. .' ~ . ~ '.~ ....
. '-~""~';"""-';"':-':""~-~'.'~-~
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affIxed this 8th day of July, 2004.
STATE OF CONNECTICUT
)SS. Hartford
COUNTY OF HARTFORD
TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
By
~~9-~
George W. Thomp-son
Senior Vice President
- -
On this 8th day of July, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affIxed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of hislher offIce under the Standing Resolutions thereof.
~~
c.~
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
J
cmJrIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoi~g and attac,hed Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthennore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 7th
October . 2005.
day of
BY~~
Peter Schwartz
Senior Vice President
Bond No. 104624455
. PAYMENT BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, tbe City of Cupertino, State of California, and National Plant ServIces, Inc.
hereinafter designated as "Principal" hav-e entered into or are about to enter into a contract
providing for the installation, construction, and erection by Principal of
Storm Drain Catch Basin Cleaning, Project No. 2005-07
more particularly described in said contract; and inco1'porated herein by reference.
WHEREAS, said principal is required to furnish a bond in conn,ection with said contract,
providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials,
provisions, provender or other supplies or teams used in, upon, for or about the performance of
work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said
bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, WE, National PJant Services. Inc. as Principal,
(contractor's name)
and Travelers Casualty and Surety Company of America as Surety,
(bonding company's name)
fumly bind ourselves, our executors, administrators, successors and assigns, jointly and severally,
unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations
furnishing materials, provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under the contract
hereinabove mentioned, and incorporated herein by reference, and all persons, companies or
corporations lending or hiring teams, implements or machinery, for or contributing to said work to
be done, and all persons who perform work or labor upon the same, and all persons who supply
both work and materials, whose claim has not been paid by Principal or by any other person, in the
just and full sum of Flftv Six Thousand Seven Hundred and 00/100 Dollars ($56,700.00)
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any
materials, provisions, provender or other supplies or teams used in, upon, for or about the
performance of the work contracted to be done, or for any work or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the same and also will pay
in case suit is brought upon this bond, SllCh. reasonable attorney's fee as shall be fIxed by the court.
This bond shall insure to the benefit of any and aU persons, companies, and corporations
entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of
action to them or their assigns in any suit brought upon till,s bond.
Payment Bond Page 1 of2
And the said Surety, for value received, hereby stipulates, and agrees that no change,
extension of time, alteration or addition to the tenus of the contract or to the work to be performed
thereunder or the specifications 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 ten:ns of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety
this 7th day of October ,20...Q.2....
(To be signed by Principal and Surety. Notary acknowledgments required.)
CONTRACTOR
NatIonal Plant ServIces, Inc.
--:;:tt:;:;~
~~oc ~.~. ~W
Travelers Casualty and Surety Company of AmerIca
Surety
Street Address: 215 Shuman Blvd.
City, State, Zip Napervllle, IL 60563
By: ~ -' ~ .,11 l: /!- -I4:k <J ""'
Brenda D. Hockberger, Attorney-In-Fact
The above bond is accepted and approved this _day of
.20_"
Payment Bond Page 2 of 2
Alii STPAUL
~ TRAVELERS
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of an insurer's statutorily established
deductible for that year. The Act also caps the amount of terrorism-
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
ILT-1018 (9/04)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMITNGTONCASUALTYCOMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF A TTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Dwight F. Miller, David C. Banks, Janice B. Kaplan, Carol F. Tasciotti, Evonne Brown,
Adele M. Korczak, Grace Villarreal, Gail Schroeder, Rebecca L. Dauparas, Barbara J. Bailey, Cindy Genslinger, Gina M.
Damato, Meredith C. Covelli, Thomas A. Pictor, Erik Janssens, Jane Bronson, Carrie M. Goesel, Michael Damewood,
Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, David Donovan-Schager, John Fay, Lawrence R.
Conrath, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D. Hockberger,
Meredith Day, Kristin J. Warzyniak, Sarah A. Thorson, Michael A. Clark, of Naperville, Illinois, their true and lawful
Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United
Stat.es, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and
other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and ,to the same extent as if the same were signed by the duly authorized officers of the
Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confJrnled.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full foro~ and effect:
VOTiID: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second ViCl: President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to ac:t for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
witll the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of a bond, n:cognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in
writing and :a copy thereof is filed in the office of the Secretary.
VOTED: 11:1at any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice
President 01' any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRA VELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: 1hat the signature of -each of the following officers: President, any Executive Vice President, any Senior Vice President;. any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes onlly of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate: bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(05-04) Unlimited
'. .' ~ . ~ '.- ......
'. "
. ......,.:_~.~~....~.~..:-.;.....
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affIXed this 8th day of July, 2004.
STATE OF CONNECl1CUT
}SS. Hartford
COUNTY OF HARlFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
/~~~~
- -
By
George W. Thomp-son
Senior Vice President
On this 8th day of July, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
(.
(
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoi~g and attacped Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force.
'r<\~ ~ ~
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 7th
October , 2005.
day of
BY~~
Peter Schwartz
Senior Vice President