06-091, National Plant Services, Inc.
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E. CONTRACT FOR PUBLIC WORKS 1> o-ll/l)7) S-r;- 44 0
This CONTRACT made on October 9, 2006 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. 2006-04
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. 2006-04 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.
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 $58,500 (Fifty Eight Thousand, Five
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 thereof be 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 paym~nt 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
thereof to 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 of the 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 arid 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.tfZJtJS-S-44- ()
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.
CITY OF CUPERTINO:
CONTRACTOR:
By:~J~~
avid W. Knapp
( l . Z _ DC- 1J+r{~ Pl~~J\.fJL! :li'c
By: ~.{, I
DffiJVl.\ (1 ,;:tf;vC j1~~~
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
LD. are required. If not a corporation a
Social Security No. is required.
City Manager
. ~ -f/
Attest: ~~
City Cle
Date: IV ~ 6-va J...
City Clerk
20 d6
, -
Social Security #
Federal Tax I.D. #
APPROVED AS TO FORM:
Contractor's License No. 3Sl st>3
Project Name & Number: Storm Drain Catch Basin Cleaning, Project No. 2006-04
Contractor's Name & Address: National Plant Services, In~ ;.
1461 Harbor Avenue ,~/~b of,
Long Beach, CA 90813 g - r.
Contract Amount: $ 58,500
Account Number: 230-8004-7014
File No: 97,568
6
CiTY OF
CUPEI\IINO
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
pefore 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 builder's all risk insurance. All insurance cqverage
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
have 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 otherwise acceptable to the City.
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 to the City. Contractor shall maintain all of the foregoing insurance coverages in
force 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.
Worker's Compensation
& Employers' Liability
LIMITS
In accordance with the Worker's Compensation
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
,.;;-..
CALIFORNIA JURAT WITH AFFIANT STATEMENT
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State of California
County of
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~ See Attached Document (Notary to cross out lines 1-6 below)
o See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
Signature of Document Signer NO.1
Signature of Document Signer NO.2 (if any)
Subscribed and sworn to (or affirmed) before me on this
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-27 - day of [k.totrr-
Date Month
(1) D::vu1T S 1< 1/ t"<:",Y)<=-
'~~Signer
-gj Personally known to me
o Proved to me on the basis of satisfactory evidence
to be the person who appeared before me (.) (,)
(and
,a,ODV, by
Year
(2)
Name of Signer
o Personally known to me
o Proved to me on the basis of satisfactory evidence
t e the person who appeared before me.)
~
Place Notary Seal Above
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 this form to another document.
Further Description of Any Attached Document
Title or Type of Document: f!4 ~ o.f eV~V"f";"'D C()rrfY~L---r
Document Date: I/) J q I :2(X)(..(' Number of Pages: ~
RIGHT THUMBPRINT
OF SIGNER #1
RIGHT THUMBPRINT
OF SIGNER #2
Top of thumb here
Top of thumb here
Signer(s) Other Than Named Above:
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@2004 National Notary Association' 9350 De Soto Ave., PO. Box 2402. Chatsworth, CA 91313-2402' www.NationaINotary.org Item #5910 Reorder: Call Toll-Free 1-800-876-6827
Bond No. 104825822
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESH PRESENT:
1rfJJ\T ~, National Plant Services, Inc. as
Principal, (contractor' s name)
and ~~elers Casualty and'Surety Company of America as
Surety, (bonding company's name)
are held and fil'mJy bound unto the City of Cupertin.o, State of California, in the sum of
Fifty Eight Thousand Five Hundred and 00/100 ($58.500.00) lawful
money of the ,United States~ for the payment of which will and truly to be made, we bind ourselves,
our heirs, cxeCtltors, successors and assigns, jointly and severally. firmiy by these presents.
THE CONDITION ofihe foregoing obligation is such that,
Wl-IEREAS, the Principal has entered into, a conn'act with 'the City dated
20_ with the obligee to do and perform the following work to-wit:
~:.~:Draln Catch Basin CleantnQ Protect 6 200h-04
NOW, THEREFORE, if the said principal shall well and truly perfonn the work con.tracted
to be performed under said contract, then this obligation shall be void; otherwise to remain in full
force and effect.
IN WTTNESS WHEREOF) this instTlllricnt has been duly executed by Principal and Surety
this 13th day of Oc;tober . 20~.
(To be signed by Principal and Strrety, Notary acknowledgment required)
CONTRACTOR National Plant Services, Inc.
1461 Harbor Avenue
;ffi Long Beach, CA 90813
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Principlal- ,-&/,J/I)t(., ,!.. ft!c-~..e
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if
Travelers Casualty and SuretyCompa~y of America
S l.lrety
Street ^ddress:
City, State, Zip
215 Shuman Blvd.
Napervll Ie, IL 60563
BY:---.lL~ 4. t ~ I ~.. ~~ l
, Attorney-1n~ct
Brenda D. Hockberger
The above bond is accepted and approved this ~day of
,20_,
Fa.ithful Performance Bond Page 1 of 1
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.STPAUL
TRAVELERS
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Attorney-In Fact No. 217778
Certificate No. 0 0 12 0 4 4 6 3
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Dwight F. Miller. David C. Banks. Janice B. Kaplan. Carol F. Tasciotti. Evonne Brown. Adele M. Karczak. Grace Villarreal. Gail Schroeder. Barbara J.
Bailey. Cindy Genslinger. Gina M. Damato. Thomas A. Pic tor. Erik Janssens. Jane Bronson, Michael Damewood. Rosemary Muliere. Kathleen M.
Anderson. Vaenessa Sims. Luisa Catalano. Marva Miller. Jeffrey Malecek. Kristy M. Kreger. Thomas N. Tague, Gabriel Jacquez. Brenda D.
Hockberger. Meredith Day. Sarah A. Bibo. Michael A. Clark, Carlina A. Jewell. Tara S. Petersen. Todd D. Baraniak. Dale F. Poquette. Oscar F. Rincon,
Heather Meyer. Stephanie Barranco. Patrick J. Brennan. Jr.. Jennifer Fortier. Moises Alcantar, James P. Fagan. John F. L. Winans. Casey McCarthy.
Dana Junk. and Amar Patel
day
of October , 2006. before me personally appeared
, lmown to me to be the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY
the corporation that executed the within instrument and aclmowledged to me that such
~.~
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INCMJilXlATED
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~~~~~~
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I '" icoQPOR4r~\ "'\
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State of Connecticut
City of Hartford ss.
By:
21 st September 2006
On this the day of , before me personally appeared George W Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
"<i\w c. j~
'- Marie C. Tetreault. Notary Public
58440-6-06 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, 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; and it is
FURTHER RESOLVED, 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; and it is
FURTHER RESOLVED, 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; and it is
FURTHER RESOLVED, 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 on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Companx, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Sur9~(C6~aI9"{fi~Ame~F~~d United States Fidelity and Guaranty Company do her~py
certify that the above and foregoing is a true and correct copy of the PO~~~f~16.1t~rn~,~~oJed b\ ~Companies, which is in full force and effect and has not bjen
revoked. -11,::""- ..;: ~~;~ :'l ~\..lY
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IN TESTIMONY WHEREOF, I have hereunto set my hand apQ ~tl fu~s~~s ~";~~~Panies this 13th day of OctQbPT, 20 .Q6...
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Kori M. Johans
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Bond No. 104825822
. PAYMENT BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of Ca1ifolnia~ and National Plant Services, Inc.
hereinafter designated as "Principal" have entered into or are about to enter into a contract
providing for the installation, constru.ction, and erection by Pdncipal of
Storm Drain Catch Basin Cleaning Project # 2006-04
more particularly described in said contract; and incorporated herein by reference.
WHEREAS, said principal is required to furnish a bond in connection with said contract,
providing that if said Principal, or any of his or its subcontractors, sha.!l fail to pay for materials,
provisions, provender or other supplies or teams used in, upon, for or about the perfonnance 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 Plant Services, Inc.
as Principal,
(contractor's name)
Travelers Casualty and Surety Company of AmerIca
and
a.<; Surety,
(bonding company's name)
firmly bind ourselves, out 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 perforlned lmder 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 perfonn work or labor upon the same, and all persons who supply
both work an.d materials, whose claim has not been paid- by Ptincipal or by any other person, in the.
justandfullsumof FIfty EIght Thousand FIve Hundred and. 00/100 ($58,.500.00)
THE CONDITION OF TI-llS 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 dOlle, or for any work or.1abor thereon of any kind, or for
amounts due under the Unemployment In.surance Act with respect to such work or labor, or any and
all damages arising under the original cont'tact., then said Surety will pay the same and also will pay
in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed hy the court.
This hand shall insure to the benefit of any and all persons, compal1ies, and corporations
entitled to file clail11s under Section 1184.1 of the Code of Civil Procedure, so as to give a right of
action to thcm or their assigns in any suit brought upon this bond.
Payment Bond Page 1 of 2
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 Ot to the work to be performed
thereunder or the specific'ations accompanying the same shall in any wise affect its obligations on
this bond, and it does hereby waive notice of any such change, extellsion of time, alteration or
addition to the terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this in.stl"tlt(lent has been duly executed by Principal and Surety
this 13th day of October ~ 20~.
(To be signed by Principal and Surety. . Notary acknowledgments required.)
CONTRACTOR.
NatIonal Plant ServIces, Inc.
1461 Harbor Avenue, Long Beach, CA 90813
By: ~li./'f.I
Principa {)ttV'(lJ ~ fL (f:?et<{ t~& 'i1'.J--
Travelers Casualty and Surety Company of AmerIca
Surety
Street Address:
City, State, Zi.p
.215 Shuman Blvd.
Napervllle,.IL 60563
BY:~,/.f.i AA
~tt;i;b; ~~ A d ~7
Brenda D. Hockberger
The above bond is accepted and approved this _day of
, 20,_~.
Payment Bond Page 2 of 2
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.STPAUL
TRAVELERS
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Attorney-In Fact No. 217778
Certificate No. 0 0 12 0 4 4 61
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby 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. Barbara J.
Bailey, Cindy Genslinger. Gina M. Damato. Thomas A. Pictor, Erik Janssens. Jane Bronson, Michael Damewood. Rosemary Muliere, KatWeen M.
Anderson. Vaenessa Sims. Luisa Catalano. Marva Miller. Jeffrey Malecek, Kristy M. Kreger. Thomas N. Tague, Gabriel Jacquez. Brenda D.
Hockberger. Meredith Day. Sarah A. Bibo, Michael A. Clark. Carlina A. Jewell, Tara S. Petersen. Todd D. Baraniak. Dale F. Poquette. Oscar F. Rincon.
Heather Meyer, Stephanie Barranco, Patrick J. Brennan, Jr.. Jennifer Fortier, Moises Alcantar. James P. Fagan. John F. L. Winans. Casey McCarthy.
Dana Junk. and Amar Patel
s~ate of ILLINOIS
C unty of COOK
o this 13th day of October 2006 before me personally appeared
Brenda D. Hockbenzer , known to me to be the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above.
OFFICIAL SEAL a. ':/ t{.-
OSCAR F. RINCON
NOTARY PUBLIC - STATE OF ILLINOIS ttq .-- ~,,;l '" //..--'
MY COMMISSION EXPIRES AUG 30. 2008 / ~r
(Notary Public)
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State of Connecticut
City of Hartford ss.
By:
21 st September 2006
On this the day of , before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
"rf\w C. j~
'- Marie C. Tetreault. Notary Public
58440-6-06 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Comi-any, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Compmy,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, 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; and it is
FURTHER RESOLVED, 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; and it is
FURTHER RESOLVED, 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; and it is
FURTHER RESOLVED, 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 on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insuranc,e Company, St. Paul Guardian Insurance Company, St. Paul Mercury InSUranCe)
Co~pany, Travelers Casualty an~ S~rety Company, Travelers Casualty and S~t~~:t~rr:;llI!l^,q~~e~{\'~d Uni~ed Sta~es ~i~elity and Guaranty Company do hereby.
certIfy that the above and foregomg IS a true and correct copy of the P~~,'l~~,g~"tt,o~,~~~~ee, uted~.,,"\, "; s~,' ," Comparues, WhICh IS m full force and effect and has not bee~,
revoked. i~ ,\"""" <i",\~"') rt ,.;;.1 '?,...~ .:'\ J
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IN TESTIMONY WHEREOF, I have hereunto set my hand ~~'t~;i:l;~~S:s~~~\;~m::s this 13th day of October, 20 {).6..
{ '~it.,l,..,' "N.).'" '\.w. ""
'~;~
Kori M. Johans
~
~~
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~
To verify the allthenticity of this Power of Attorney, call1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER