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HomeMy WebLinkAboutC-1946ORIGINAL. AMENDMENT NO. 5 TO ANNUAL CCTV SEWER INSPECTION CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND NATIONAL PLANT SERVICES, INC. This Amendment No. 5 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and National Plant Services, Inc. with respect to that certain Agreement between the parties dated April 1, 2003 ( "Agreement'). The parties agree as follows: The term of the Agreement is extended to and including June 30, 2008. 2. For the period of the extension of the Contract, the total compensation payable by the City to the Contractor shall not exceed TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00). 3. All of the terms and provisions of the Contract not amended by this Amendment No. 5 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. CITY OF ARCADIA NATIONAL PLANT SERVICES, INC. By: " —'L William R. Kelly, City Manager VZ�IY� Date (SEAL) AP ROVED AS /TAO FOR�M: �G� 0, N Stephellh P. Deitsch, City Attorney By: 0966 � (Print name) n r Akg (Title) CO Pat Malloy Public Works Services Director 0 0 Bond No. 105029748 PERFORMANCE BOND WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to National Plant Services, Inc. (hereinafter "Contractor"), a contractforwork consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the ANNUAL CCTV SEWER INSPECTION Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated April 1, 2003 (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we National Plant Services, Inc. , the undersigned Contractor, as Principal, and Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Connecticut , and duly authorized to transact business underthe laws ofthe State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages.. RvPUTJ0tA 562776 PERFORMANCE BOND - 1 oR- STATE& LOCAL (61 n)(7 UM) 0 0 The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change extension of time, alteration or addition to the terms of the Contract, orto the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 29th day on October , 2047. NATIONAL PLANT SERVICES, INC. Principal /Contractor By: &—r — P si Travelers Casualty and Surety Company of America Surety 0,�w ` _ -- By: Attorney -in -Fact sc r F. Rincon The rate of premium on this bond is $9.00 per thousand. The total amount of premium charged, $ 180. 00 (The above must be filled in by corporate surety.) nvronwnrn162570 PERFORMANCE BOND -2 rM- MTS&LOCAL(610 >(7 /24M) Travelers ILLINOIS STATE OF COUNTY OF Kendall ss. 0 On this 29th day of October in theyear 2007 , before me, Gina M. Dam_at_ o , a Notary Public in and for said state, personally appeared Oscar F. Rincon , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the Casualty & Surety _Company of America (surety) and acknowledged to me that he subscribed the name of the Travelers Casualty and Surety Company of (surety) thereto and his own name as Attorney -in -Fact. I erica (SEAL) My Commission expires April 5, 2008 __. RVPI)WAD062370 OFFICIAL SEAL GINA M. DAMATO NOTARY PUBLIC, STATE OF ILLINOIS PERFORMANCE BOND -3 GH "5TATS&LOCAL(010)(7 /24/00) 0 ACKNOWLEDGEMENT STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES 0 On November 27, 2007 before me, Sharleen Ann Thibodeaux, a Notary Public 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature ro OBN 31141 = Commis Notary Public • Cclllomq Loa Angeles County My Comm. Exp9ea Mm 20,2010? OPTIONAL Though the information below is rat 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. IDENTIFICATION OF DOCUMENT THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: TITLE. OF DOCUMENT: Number of Pages:_ Date of Document: Signer(s) other than named above: TRAVELERS 1W POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelilv and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 'travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 218845 Certificate No.O 0 1 7 2 4 0 7 4 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws ut 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 Stales 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 picrein collectively celled the "Companies"). and that the Companies do hereby make, constitute and appoint Dwight F. Miller, 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 Mulicre, Kathleen M. Anders Vaenessa Sims, Luisa Catalano, Marva Miller, , Thomas N. Tague, Brenda D. Hockberger, Meredith Day, Sarah A. Bibo, Michael A. Clark, Carlina Jewell, Tara S. Petersen, Todd D. Baraniak, Dale F. Poquette, Oscar F. Rincon, Heather Meyer, Patrick J. Brennan, Jr., Jennifer Fortier, Moises Alcan James P. Fagan, Casey McCarthy, Dana Junk, Amar Patel, Heather J. Meneghetti, Lucy Samuel, Ann Mulder, John C. Redding, Steph Buckner, Phil Horvath, Grace Lawrence, and David Letcher of the City of Npperville/Chieago , State of Illinois , their true and lawful Attomev(s) -in -Fact, each in their separate capacity if more than one is trained above, to sign. execute, seal and acknowledge any and all bonds, recognizanees, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business (4 guaranteeing the fidelity of persona, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any-aetions or,proceedings allowed by law. '+e '.r q A 5th IN WITNESS WHEREOF. the Companies have caused this instrument to he signed and their corporate seals to be hereto affixul, this day of July 2007 c s 3'9 Farmington Casualty Company `y �9 rwm SL Paul Guardian Insurance Company & ' St. Paul Mercury Insurance Company Fidelity and Guaran[r Insurance Company `s, } Fidelity and Guaranty Insurance Underwriters, Inc Travelers Casualty and Surety Company Seaboard Surely Company Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company pn6VRr vz!'rY N♦ ♦N /eSp p��xSbyo ,rYMy,R GrIA 1 i n� ♦ O 19fi o 1 27 k „' :; ._ �� xsatroao 6�e 19 9 nL�r/ s58RL r° Jx cowuo ♦"tw"n-0w1O'r ♦r Na • State of Connecticut City of Hartford ss. FIV: G On this the 501 day of July 2007 before me personally appeared George W. Thompson, who acknowledged himself to he 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 Slates Fidelity and Guaranty Company, and thal 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. p,Tt7 In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 301h day of June, 2011. �gk10 �s 58440 -8 -06 Printed in U.S.A. yic? Ab A C . t� � Marie C. Teln auh. Notary Public Bond No. 105029748 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to National Plant Services, Inc. (hereinafter "Contractor"), a contractforwork consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the ANNUAL CCTV SEWER INSPECTION Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated April 1, 2003, (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we National Plant Services, Inc. , the undersigned Contractor, as Principal and Travelers Casualty &Surety Company of America a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the some and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00), said sum being not less than 100% of the total amount payable by said Obligee underthe terms of the said Public Work Contract, for which paymentwell and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and RVVV )RM570n26 - PAYMENT BOND - 1 Cm. STATE &LOCAL.(67a)(7l2 +mm 0 0 his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does herebywaive notice of any such change, extension of time, alteration or addition to the terms of the Contract orto the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and sealsthis 29th day on October , 2007, A Traders Casualty and Surety Company of America Surety By: Attorney -in -Fact o ar F. Rincon RVPUR RD070026 PAYMENT BOND -2 os- 6TAn k LOCAL (620) (7/24M) 0 0 ILLINOIS STATE OF WWWWMk COUNTY OF Kendall On this 29th day of October in the year 2007 before me, Gina M. Damato a Notary Public in and for said state, personally appeared Oscar F. Rincon , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the Travelers Casualty and Suret Company of America- (surety) and acknowledged tome that he subscribed the name of the Travelers Casualty and Surety* (surety) thereto and his own name as Hear *Company of America (SEAL) No Pubii d for sai State OFFICIAL SEAL GINA M. DAMATO NOTARY PUBLIC, STATE OF ILLINOIS My Comm. Expires 04!05108 My commission Expires April s, 2008 nvrtm�onn\570026 PAYMENT BOND - 3 aD- STATE&LOCA1.(620)(7124M) r 0 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) On November 27, 2007 before me, Sharleen Ann Thibodeaux, a Notary Public 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ,+�I7tYllli��T 1 OPTIONAL SHARLEEN ANN EAUX _j Commlaslon # 16528A4 -e - Notary Public - Callfomlo it Los Angeles County w� My Comm. Expires Mar 20, 2010 y 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. IDENTIFICATION OF DOCUMENT THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: TITLE OF DOCUMENT: Number of Pages: Date Signer(s) other than named above:_ Is TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -tn Fact No. 21$$45 Certificate No-001724073 KNOW ALI, 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, Janice B. Kaplan, Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, Barbara J. Bailey, Cindy Genslinger, Gina M. Darman, Thomas A. Pictor, Erik Janssens, Jane Bronson, Michael Damewood, Rosemary Muliere, Kathleen M. Andersi V acnessa Sims, Luisa Catalano, Marva Miller, , Thomas N. Tague, Brenda D. Hockberger, Meredith Day, Sarah A. Bibo, Michael A. Clark, Carlina Jewell, Tara S. Petersen, Todd D. Baraniak, Dale F. Poquette, Oscar F. Rincon, Heather Meyer, Patrick J. Brennan, Jr., Jennifer Fortier, Moises Alcant James P. Fagan, Casey McCarthy, Dana Junk, Amar Patel, Heather J. Meneghetti, Lucy Samuel, Ann Mulder, John C. Redding, Steph Buckner, Phil Horvath, Grace Lawrence, and David L.etcher of the City of NnervilletChieago State of Illinois , their true and lawful Attorney(s)- firFact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any = actions ocpfgeeedings allowed by law. `r a 5th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate .seals to be hereto affixed, this day of July 2007 1, 11 ' ro , Farmington Casually Company ` '.z ' St. Paul Guardian Insurance Company Fidelity and GuarantyInsuranee Company St. Paul Mercury Insurance Company Fidelity and Guaranty Ins urance" "Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surely Company Travelers Casually and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company sc n tF0 27 f"j, T'lN6 Of/ .� . 3 0 n • SEAL �' "' coxx. ° $d P i r r h'or sFN yM.^ ° +s': fxsa °1r........r -"a °� .:'° • MN Slate of Connecticut City of Hanford ss. By: Gwrg ' Th mp,on. cnor Tice President On this the 5th day of July 2007 , 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. G.Tt7 In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of .June, 201 L O �JlBLJOS* 56440 -8 -06 Printed in U.S.A. THIS RED -�Mnda C Teaeaulh Votary Public CA XV ORIGI at DO— AMENDMENT NO. 4 TO ANNUAL CCTV SEWER INSPECTION CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND NATIONAL PLANT SERVICES, INC. This Amendment No. 4 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and National Plant Services, Inc. with respect to that certain Agreement between the parties dated April 1, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including June 30, 200 /;.-� 2. For the period of the extension of the Contract, the total compensation payable by the City to the Contractor shall not exceed Twenty Thousand Dollars ($20,000.00). 3. All of the terms and provisions of the Contract not amended by this Amendment No. 4 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 4 on the date set forth below. By: M `! "—u William R. Kelly, City Manager Date (SEAL) NATIONAL PLANT SERVICES, INC. BSi�S ATTEST: S `123/61 City Clerk V D e As`i /PROVED AS TO FORM: Q CON Stephen P. Deitsch, City Attorney Pat Mall 6y Public Works Services Director • B000. 104863998 PERFORMANCE BOND WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to National Plant Services, Inc. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the ANNUAL CCTV SEWER INSPECTION Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated April 1, 2003 (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we National Plant Sery ces. Inc. , the undersigned Contractor, as Principal, and Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Connecticut , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the mannertherein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. izWkIRnarn5e2,170 PERFORMANCE BOND -1 C+6- STATF& 10CAL(010)(7124100) 0 E The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, orto the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 28th day on December , 2006. NATIONAL. PLANT SERVICES, INC. Principal /C ractor By: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By: I�A.fnA (VLd .O X- •-- LF'P // HIOA mew_. 0� Attomey -in -Fact Brenda D. Ho kberger The rate of premium on this bond is $9.00 per thousand. The total amount of premium charged, $i80.00 (The above must be filled in by corporate surety.) RVP1181O M562.970 PERFORMANCE BOND -2 Gii• STATE & LOW. (610)(7/24l00) ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) On March 7, 2007 before me, Sharleen Ann Thibodeaux, a Notary Public 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. . 'll6 L . I I .t �1 I ■r ! r OPTIONAL BNARLEEN MIN Commbgam r 6a2 844 NOa CNotary Abflo - M Los Angeles County 00MYCOmm Expires Mar 20.201 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. IDENTIFICATION OF DOCUMENT THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: TITLE OF DOCUMENT: Number of Pages:_ Date Signers) other than named above:_ STPAUL - POWER OF ATTORNEY - TRAVELERS Farmington Casualty Company St. Paul Guardian insurance Company Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company Seaboard Surety Company Travelers Casualty and Surety Company of America St, Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217775 Certificate No. 001204515 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. Tascioui, Evorme Brown, Adele M. Korezak, Grace Villarreal, Gail Schroeder. Barbara J. Bailey, Cindy Genslinger, Gina M. Damato, Thomas A. Pieter, 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 Jucquez, Brenda D. Hockberger, Meredith Day, Sarah A. Biho, 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 Alcanmr, James P. Fagan, John F. L. Winans. Casey McCarthy, Dana Junk, and Amar Patel State of ILLINOIS County of COOK n this 28th day of December 1 2006 before me personally appeared enda D. Hockber er , known to me to be the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY MPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. OFFICIAL SEAL OSCAR F. RINCON NOTARY PUBLIC - STATE OF ILLINOIS ota Public) [NY COMMISSION EXPIRES AUG 30, 2000 A1993b o 197 •R Wif" 41ED '}� 92 toxo= �apponarF �s c� y q S y i" �+ : ^J F: uPAHA Nn. �'eaiRIfORI jm UL� 19$1 q� rya �aSE c'58AL.'3 • o BB6 g p o� e `tyl A1NF" aEN r` a' Slate or Connecticut City of Hartford ss. By C orge W 1 ampaon, Scn(y Presidcnt On this the 21st day at September 2006 fore me personally appeared George W Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casually Company, Fidelity and Guaranty Insurance Company, Fidelits, and Guaranty Insurance Underwriters, Inc., Seaboard Surely 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 Slates 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. D.TE> In Witness Whereof, [ hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2011. # pUBI�G } 58440 -6 -06 Printed in U.S.A. Nn0 6 C. Tetrca. t Public - Bond No. 104863998 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to National Plant Services, Inc. (hereinafter "Contractor"), a contractforwork consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the ANNUAL CCTV SEWER INSPECTION Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed bythe Contractoris more particularly set forth in that certain contract for the said Public Work dated April 1, 2003, (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, orfor amounts due underthe provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we National Plant Services Inc. the undersigned Contractor, as Principal and Travelers casualty and Surety Company of Amerlca a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of TWENTY THOUSAND DOLLARS AND NO CENTS ($2o,000.00), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and RVPUBIDRM57W26 PAYMENT BOND -1 GB STA It& LOCAL (620J(7124/00) his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will paythe same in onto an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract orto the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 28th day on December 2006. National PI nt Services Inc. Principal /C kractor By: esi �.g�vw�S /L TRAVELERS CASUALTY AND SURETY COMPANY MERICA Surety By. Atkorney -in -Fact Brenda D. Hockberger nvatrtnna1J&57D026 PAYMENT BOND -2 OR - STATe& LOCAL (62n) (712100) ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) On March 7, 2007 before me, Sharleen Ann Thibodeaux, a Notary Public 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signatur&'. OPTIONAL SHARLEEN ANN INIBODFAUX Commiselon 4F 7682844 z 19, Notary Public • California Los Angeles County My Comm. Expires Mar 20.2010 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. IDENTIFICATION OF DOCUMENT THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: TITLE OF DOCUMENT: Number of Pages:_ Date of Document: Signers) other than named above: STFAUL TRAVELERS Attorney -In Fact No. 217778 POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc Seaboard Surely 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 Certificate No. 001204514 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 Connection, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the Slate 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 Stale or 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, Fvonne Brown. Adele M. Korczak, Grace Villarreal, Gail Schroeder. Barbara J. Bailey. Cindy Genslinger. Gina M. Damao, Thomas A. Pictor, Erik Janssens, Jane Bronson, Michael Damewood, Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, Marva Miller, Jeffrey Malecek. Krisly M. Kreger, Thomas N. Tactic, Gabriel Jacquez, Brenda D. Hockhercer, 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 Alcanlar. Janes P. Fagan, John F. L. Winans. Casey McCarthy, Dana Junk, and Amar Patel State of ILLINOIS County of COOK —` ^I - Anonrev(s) -in-Fact, On this 28th day of December 2006 before me personally appeared Bre da D. Hockber er , known to me to be the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COJIPANY 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. L OFFICIAL SEAL ,- OSCAR F. RINCON NOTARY PUBLIC -STATE OF ILLINOIS Nota -y PU le� MY COMMISSION EXPIRES AUG 30, 2008 P pOR ^l 983 O X977 MDaWaltp 27 ( rig Z,Rgr RrF. HARfrORD �.r. l 9$t y RL ;° 9 '^ � 9 J ox m t ¢ � i �1N n e $ p State of Connecticut City of Hanford ss. By: 4% 941e AV nmpson. Ser r Vic President 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, SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surely 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 insn'ument for the purposes flan cut contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TE► In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 301h day of June, 2011. # ,e��Ip # 58440 -6 -06 Printed in U.S.A. Marie C. Teucault. Votary Public ORIGINAL. A �emn l AMENDMENT NO.,ZTO ANNUAL CCTV SEWER INSPECTION CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND NATIONAL PLANT SERVICES, INC. ,�RPORAS$� This Amendment No.4 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and National Plant Services, Inc. with respect to that certain Agreement between the parties dated April 1, 2003 ( "Agreement'). The parties agree as follows: The term of the Agreement is extended to and including April 1, 2006. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No .;Z on the date set forth below. CITY OF ARCADIA By: w William R. Kelly, City Manager Itywo Date of Execution (SEAL) AT City Clerk Date AP,FROV�ED AS TO FOR—M:: Stephen P. Deitsch, City Attorney NATIONAL PLANT SERVICES, INC. By: (Print name) P L (Title) Pat Mallloo Public Works Services Director CITY OF ARCADIA ANNUAL CCTV SEWER INSPECTION PROJECT NO. 5633213 PART Tly PERFORMANCE BOND rtvptmID1tw62170 69 .. TATS& LOCAL (610) (tVA) 9 Bond No. 104348295 PERFORMANCE BOND 0 WHEREAS the CITY OF ARCADIA (also hereln "Obligee") has awarded to National Plant Services, Inc. (hereinafter *Contractor'), a contractforwork consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the ANNUAL CCTV SEWER INSPECTION Project and all other required structures and facilities within the rights -of- -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated April 1, 2003 (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, -THEREFORE, we National Plant Services, Inc. the undersigned Contractor, as Principal, and Travelers Casualty and Surety Company of America I a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business underthe laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of SIXTY THOUSAND DOLLARS AND NO CENTS ($60,000.00), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors orassigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements In the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and In all respects according to their intent and meaning; and shall faithfully fulfill the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing parry shall be entitled to recover reasonable attomeys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. rtyruBkDPV5Q370 . PERFORMANCE BOND - 1 Ga- STATE A LOCAL (616)(7l24M) 1 The said Surety, for value received, hereby stipulates and agree that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, orto the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 15 th day on August , 2005. NAT10NAL PLANT SERVICES, INC Principall actor By: Widen Travelers Casualty and Surety Company of America`. Surety _. By: 4ofmey- ct Gina M. Damato, Attorney -In- Fact The rate of premium on this bond is 9.00 per thousand. The total amount of premium charged, $ 540.00 (The above must be filled in by corporate surety.) AMBOP"2070 PERFORMANCE BOND -2 G6- STATE I LOCAl.(610)(7/24100) 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 Travelers' 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. TRAVELERSALTY AND SURETY COMPANY OF AMIMA TRA CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(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, Evoone 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, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, David Donovan- Schager, John Fay, Lawrence R. Courath, 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, Carlin A. Jewell, Tara S. Petersen, Todd D. Baraniak, Dale F. Poquette, Oscar- F. Rincon, Heather Meyer, Stephanie Barranco, of Chicago If 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 States, the following instrument(s): by his/her 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 Attorney(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: -- u;- a-tsP.ident_anvSenior Vice President, any Vice President, any State�of ILLINOIS Coutjty of DUPAGE On tins 15th day of August 2005 , before me personally appeared Gina M Dkato known to me to be the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the co't, oration 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. FF�ZHOCKB7ERGER BRENDA D NOTARY PUBLIINOIS (Notary Public) MY COMMISSIO, 2000 COMPANY, which Resolution is now in full farce 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 Attomeys -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 CITY OF ARCADIA ANNUAL CCTV SEWER INSPECTION PROJECT N0. 5633213 PART "G" PAYMENT BOND RVPUB %VR0%57M26 OR • STATE & LOCAL. (him (1124M) Bond No. 104348295 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to National Plant Services, Inc. (hereinafter "Contractor"), a contractforwork consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the ANNUAL CCTV SEWER INSPECTION Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated April 1, 2003, (hereinafter the "Public Work Contract'); and WHEREAS, said Contractor is required to fumish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or foramounts due underthe provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond, NOW, THEREFORE, we National Plant services, Inc. the ufndersigned Contractor, as Principal and Travelers Casualty an ure y om any o America a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used In, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of SIXTY THOUSAND DOLLARS AND NO CENTS ($60,000.00), said sum being not less than 100% of the total amount payable by said Obligee underthe terms of the said Public Work Contract, for which paymentwell and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or forwork or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, oramounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and KVPL?8TP.1170025 PAYMENT BOND - t OB• STATEB LOCAL (620)(7124M) r, his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder orthe specification accompanying the same shall in anyway affect its obligations on this bond, and it does herebywaive notice of any such change, extension of time, alteration or addition to the terns of the Contract orto the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 151-h day on August , 2005. National Plant Services, Inc. Principal /Contractor By: rest nt Travelers Casualty and Surety Company of America Surety By: omey -In -Fact Gina M. Damato, Attorney -In -Fact RVMJWDRO1570076 PAYMENT BOND - 2 013 - SfA'f6 R LOCAL (M) (7/24M) M • 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 Travelers' 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. TRAVELERS `IIALTY AND SURETY COMPANY OF AA TRA RS CASUALTY AND SURETY COMPANY MW FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -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, Barbara J. Bailey, Cindy Genslinger, Gina M. Damato, Thomas A. Pictor, Erik Janssens, Jane Bronson, 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, Carling A. Jewell, Tara S. Petersen, Todd D. Baraniak, Dale F. Paquette, Oscar F. Rincon, Heather Meyer, Stephanie Barranco, of Chicago I Naperville, Illinois, their true and lawful Attorney (s) -in- Fact, -with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her 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 Attorney(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 it force -and effect:___ Site of ILLINOIS County of DUPAGE Ina M. Damat 15th of August 2005 , before me personally appeared r' d ot, ti0n On this y in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a core \ known to me to be the Attomey- g oration executed the same. ` that executed the within instmment and acknowledged to me that such core IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal the day and year in this certificate first HE affixed rst written above. M ^ "sB°OO'OFFICIAL SE L O BRENDA D. HOCKBERGER ot�, public) NOTARY PUBLIC -STATE OF ILLINOIS MY COMMISSION EXPIRES FEB 4, 2008 This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mecnanrcai or pr,D,cu; aDU Dy authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS 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: 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 Attomeys -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 beating 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 Awardes06 /01/04 `� •' � Amount. 760,000.00 R GINA . / /Dn- 4�a AMENDMENT NO. 2 TO ANNUAL CCTV SEWER INSPECTION la46-4� CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND NATIONAL PLANT SERVICES, INC. This Amendment No. 2 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and National Plant Services, Inc. with respect to that certain Agreement between the parties dated April 1, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended for an additional twelve (12) months, from date of execution. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA By: William R. Kelly, City Manager B.0F Date of Execution (SEAL) Clity Clerk Date APPROVED AS TOr FORM: Stephen P. Deitsch, City Attorney NATIONAL PLANT SERVICES, INC. Pat�Mallo Public Works Services Director Bond No. 8 SB 104348295 BCM PERFORMANCE BOND WHEREAS the CITY OF ARCADIA (also herein "Obligee") has awarded to National Plant Services, Inc. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the ANNUAL CCTV SEWER INSPECTION Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated April 1, 2003 (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we NATIONAL PLANT SERVICES, INC. , the undersigned Contractor, as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , a corporation organized and existing under the laws of the State of Connecticut , and duly authorized to transact business under the laws ofthe State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of SIXTY THOUSAND DOLLARS AND NO CENTS ($60,000.00), said sum being not less than 100 %4 of the total amount payable by the said Obligee underthe terms of the said Public Work Contract, forwhich paymentwell and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors orassigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said. Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the mannertherein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shalt become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. I rtvrvl°aaw7x PERFORMANCE BOND - t GO- STATRA LOCAL (410)(712400) The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,' extension of time, alteration or addition to the terms of the Contract, orto the Work or to Specifications. of IN WITNESS WHEREOF, we have hereto set our hands and seals this 24th day an June 2004. L mJOAN C. SCHWING Comm. A 1296898 NOTARY PUBLIC - CALIFORNIA Los Angeles County y Comm. Expires March 12,200 "s NATIONAL PLANT S�SE��R��VICES, INC. 1. PrincipaU ontractoC�/U''� By: ident K - G. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By: A a AJA4 If ®j �Al C 21Ln Attorney -in -Fact Brenda D.-Hockber r The rate of premium on this bond is $7.50 per thousand. The total amount of premium charged, $ 450.00 (The above must be filled in by corporate surety.) RVKMVPMC370 PERFORMANCE BOND -2 GB- STATE A LOCAL (410) CWNM IIIInois STATE OF Q&WOR M4 ss. COUNTY OF DuPage On this 24th day of June , in the year 2004 , before me, Jane Bronson , a Notary Public in and for said state, Personally appeared 3renda D. Ho kharnur known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attomey -in -Fact of the Travelers casunity and Surety C mnanv of AmerlC (surety) and acknowledged to me thatft subscribed the name of the Travelers casualty and Surefy company of America (surety) thereto and his own name as Attorney -in -Fact. ,, ® A4 Notary Public in and for said State (SEAL) OFPICIAL SEAL JANE BRONSON My Commission expires 07/22/06 Notary Public, State of Illinois My Commission Expires 07/22/06 %V1vUg1Dnfi76v?A PERFORMANCE BOND - 3 011 .5TA'1r& LOC,A[.01n)(711+m0) she CERTIFICATE AS TO CORPORATE PRINCIPAL I' certify that l am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation d authority Of its governing Board. (Corporate Sea]) Signature Date NOTE; A copy of the power of attorney to local representatives of the bonding company may be attached hereto. RVI- WAMM561"0 PERFORMANCE BOND - 4 OB— AWt&UX/Li. (610)(VI4P1n) LL � • 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 Travelers' 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. TRAVELE UALTY AND SURETY COMPANY OF AMOCA TRARS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(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 Mullere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, Robert W. Speer, David Donovan- Schager, John Fay, Lawrence R. Conrath, Laura L. Bounds, Keith B. Daniels, Marianne D. Reagan, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D. Hockberger, Meredith Day, Kristin J. Warzyniak, of Naperville, Illinois, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her 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 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 Cluirrnan, the President, any Via Chairmen, any Executive Vice President, any Senior Vice President, any Vice President, any Sec:nd Via President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys4n -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, recogn zances, 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 TRAVELERS 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: 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 s ignature 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. (1140 Standard) Bond No. 8 SB 104348295 BCM PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to National Plant Services, Inc. (hereinafter "Cc ntractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the ANNUAL CCTV SEWER INSPECTION Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated April 1, 2003, (hereinafter the "Public Work Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorneys fee in case suit is brought on the bond. NOW, THEREFORE,we NATIONAL PLANT SERVICES, INC. , the undersigned Contractor, as Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation organized and. existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work orlabor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of SIXTY THOUSAND DOLLARS AND NO CENTS ($60,000.00), said sum being not less than 100 % of the total amount payable by said Obligee underthe terms of the said Public Work Contract, for which paymentwell and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly`and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, orother supplies or machinery used in, upon, fororaboutthe performance of the Work contracted to be done, orfor work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and Rvrvennasmm6 ; - PAYMENT BOND -1 �•5T "Tyatocwr.ramnm 0 his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder orthe specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to'the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 24 of day = June 2004. )Von,�. �- JOAN C .SCHWINO ® Comm. 01296598 111 NOTARY PUBLIC• CALIF001A W Lot Aopelu County , Alr COW. EMpirel Notch 12'2o b j National Plant Services, Inc. Principal/ ontractor By: Plf6sident 06t,N,M {,�. /C� TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By: _V A &- D•' Q" Attorney -in -Fact Ql Brenda D. Hockberger R°P MM , PAYMENT BOND -2 OB- SrATTA LOCAL L =I(7n..w) 0 • IIIInols STATE OF O LVOWA COUNTY OF DuPaae ) ss. On this 24th day of June in the year 2004 , before me, Jane Bronson , a Notary Public in and for said state, personally appeared Brenda D. Hockberger known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attomey -in -Fact of the Travelers Casualty and Surety Company of America ( surety) and acknowledgedto me thath9she subscribed the name of the Travelers casua ty an Surety Company -a AmartCl (surety) thereto and lfiis her own name as Attorney-in-Fact. Notary Publicfn and for said State (SEAL) My Commission Expires 07/22/06 OFPICIAL SEAL JANE BRONSON Notary Public, State of Illinols My Commission Expires 07/22/06 RVP(JADRplf70M PAYMENT BOND -3 GB - STATE k LOCAL (620) V*W) CERTIFICATE AS TO CORPORATE PRINCIPAL 1, certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of Its governing Board. (Corporate Sea]) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. RVM7H=0U7M6 PAYMENT BOND -4 09 . STETS R LOCAL (6M(T/16M) 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 Travelers' 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. TRAVELER *SUALTY AND SURETY COMPANY OF AMCA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(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, Gall 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, Robert W. Speer, David Donovan- Schager, John Fay, Lawrence R. Conrath, Laura L. Bounds, Keith B. Daniels, Marianne D. Reagan, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D. Hockberger, Meredith Day, Kristin J. Warzynlak, of Naperville, Illinois, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contacts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and say and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the saute were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby m0ed and confirmed. Ibis appointmtmt 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 Via President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fad and Agents to ad 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 :evoke 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 stall 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 Attomeys-in -Fad and Agents pursuant to the power prescribed in his or her certificate or thew 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 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution Is now to 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 Attomeys4n -Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof: and any such power of attorney oe certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and e,ertifredbyauch facsimile aignature 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. m 140 Standard) GgiS -G 6 c,a�• � ORIGINAL AMENDMENT NO. 1 TO 2002 -2003 ANNUAL CCTV SEWER INSPECTION CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND NATIONAL PLANT SERVICES, INC. This Amendment No. 1 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and National Plant Services, Inc. with respect to that certain Agreement between the parties dated April 1, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including June 30, 2004. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment on the date set forth below. CITY OF ARCADIA By: W- William R. Kelly, City Manager Date (SEAL) ATTEST: y Clerk Date APPROVED AS TO FORM: t &t . o.1)t� Stephen P. Deitsch, City Attorney NATIONAL PLANT SERVICES, INC. I 4- 1` (Print name) �pp (Title) CONCUR: Pat Malloy Public Works Services Director ACRD CERTIFICA OF LIABILITY INSUINC, OPID E DATE(MMIDOMO TI -14 02/21/03 PRODUCEF. Associated Agencies, Inc. 1701 Golf Rd, Tower 3, 7th Flr '' -'.ing Meadows IL 60008 -4267 F. 1--n:e:847- 427 -8400 Fax:847 -427 -3430 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED National Plant Services, Inc. 1461 Harbor Avenue Long Beach CA 90813 -2741 INSURER A: Em to ers Insurance of Wausau INSURER B: Gulf Underwriters Ins CO INSURER C. INSURER D. INSURER E' COVERAGES POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRI TYPEOFINSURANCE POLICY NUMBER P LI YEFF DATE MMIDDlYY P LI Y XF AYI N DATE MM /DDIYY LIMITS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR GENERAL LIABILITY 240 W. Huntington Drive REPRESENTATIVES. EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Anyonofire) $100000 A X COMMERCIAL GENERAL LIABILITY TZCZ91544946082 10/31/02 10/31/03 MEDEXP (Any .,,person) $50000 CLAIMS MADE X OCCUR PERSONAL S ADV INJURY $1000000 • XCU Included • Blkt Contractual GENERAL AGGREGATE $ 3000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $3000000 O POLICY X PE LOC A AUTOMOBILE LIABILITY ANY AUTO ASCZ91544946012 10/31/02 10/31/03 COMBINED SINGLE LIMIT (Ea acadeln) $ 1000000 X BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS - X PROPERTY DAMAGE (Per am enU $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGO $ ANY AUTO $ EXCESS LIABILITY EACH OCCURRENCE $5000000 AGGREGATE $ 5000000 B X OCCUR CLAIMS MADE GU2858587 10/31/02 10/31/03 $ DEDUCTIBLE $ X RETENTION $ 10000 WORKERS COMPENSATION AND _ X TORY LIMITS ER E.L. EACH ACCIDENT $1000000 A EMPLOYERS' LIABILITY WACZ9D544946092 10/31/02 10/31/03 E.L. DISEASE - EA EMPLOYEE $1000000 E L. DISEASE - POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERANONSILOCATIONSNEHICLES )EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: CCTV Sewer Inspection Services -Work Order 539. The City of Arcadia, its directors, officials, officers, employees, agents and volunteers are added as additional insureds w /respect to the general liability and auto covs. and a waiver of subrogation is incl. in their favor w /respect to the workers' comp. cov. for operations performed by the insured. Endts. attached. CERTIFICATE HOLDER I N I ADDITIONAL INSURED' INSURER LETTER: CANCELLATION CITY054 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 20 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Arcadia IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: City C'_erk's Office 240 W. Huntington Drive REPRESENTATIVES. Aq 0 IZED REPRESENTATIVE Arcadia CA 91066 -6021 1- . ��e.r ��or]Il�AT1IlA1 10VC ACORD 25 -S (7197) 02/21/2003 10:57 251219 WAUSAU LIBERTY • K eollcyn0mberTZC -Z91- 544946 -062 ~. TII15 ENDORSEhfENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured Endorsement - Specific Job Or Project This endorsement modifies insurance provided under the following: CONIMERCIAL GENERAL LIASMITY COVERAGE PART PAGE 02 WHO IS AN INSURED (Section U) is amended to include as an insured the person or organization shown in the Schedule of ' this endorsement, but only with respect to liability arisin& out of "your work" for that insured by or far you arising out of the job or project shown in the Schedule. This insurance is primary insurance with respect to the intemsrs of the additional insured shown in the Schedule for the job or project shown in the Schedule and any other insurance maintained by the additional insured is excess and not contributory with Os insurance. Name of Person or Organi2ation Schedule Description of job or Project CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, CCTV SEWER AND INSPECTION SERVICES OFFICERS,.EMPLOYEES, AGENTS AND VOLUNTEERS ATTD-CITY, CLERM S OFFICE -?40 W HUNTINGTON DR ACADIA CA 91066 -6021 1 S LSi990 03.01 page I of 1 02/21/2003 10:57 251219 WAUSAU LIBERTY . PAGE 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insureds Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. CHANGES IN LIABILITY COVERAGE The term "anyone' in paragraph e. of WHO iS AN INSURED includes any Designated Organization named in the Schedule that is liable for the conduct of an "insured," but only to the extent of that liability. B. The.OTHER INSURANCE condition of the GENERAL CONDITIONS is amended to add: e. When this Coverage Form and any otherCoverege Form or policy covers on the same basis, either primary or excess, obr policy will pay on a primary basis with respect to the organization designated in the schedule below. Any other Insurance maintained by the additional insured is excess and not contributory with this insurance. Schedule CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ATTN. CITY CLERK'S OFFICE 240 W EVNTINGTON DR ARCADIA CA 91066 -6021 SOB — CCTV SEWER INSPECTION SERVICES This endorsement is executed by the company designated below EMPLOYERS INSURANCE OF WAUSAU Etleotive oaie 10 -31 -02 Expiration Date 10 -31 -03 FaratiachmenttoPolicyNo. ABC —Z91- 544946 -012' Issued to . CARYLON CORPORATION Countersigned h y ... Authorized Repres6nlaiive End Serial No. page 1 of 1 ZZ8420 1001 '°02/21/2003 10:57 2512190 WAUSAU LIBERTY PAGE 03 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written ccnfract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES,, AGENTS AND VOLUNTEERS ATTN: CITY CLERK'S OFFICE 240 W HUNTINGTON DR ARCADIA CA 91066 -6021 Job Description CCTV SEWER INSPECTION SERVICES This endorsement is executed by the EMPLOYERS INSURANCE OF WAUSAU Premium $ Efraerivo Date 10 -31 -02 Expimflon Data 10 -31 -03 For attachment to Policy No, WAC -29D- 544946 -092 Audit Baaia ABODEFG Issued To CARYLON CORPORATION WC 04 03 06 Issued Countersignad by ............ Sates Office and No. ............................. ............................... Au Uvi ua .. n,...n 1. n.. End. Serial No. 1921c-- ho F iCERTlFICATEt -� CERTIFICATE NUMBER OF, URANCEI CHI - 001079333 -05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 500 WEST MONROE STREET POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE CHICAGO, IL 60661 AFFORDED BY THE POLICIES DESCRIBED HEREIN, Attn: Carylon Cent Team P: 312.627.6994 F: 877.855.7274 COMPANIES AFFORDING COVERAGE COMPANY 27309 -ALL- LINES -03 -04 A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY ATTMACPL -ANT +SERVICES, INC:, T-Tb1'- JOAN,SCHW/ING B COMPANY U V -�8�3— 1461 HARBOR AVENUE LONG BEACH, CA 90813 -2741 C COMPANY CITY OF ARCADIA D CITY CLERK COVERAGES -;-,� , rl �;�:` :This Dertifie8te super'se'tles and a ®pl apes; anyppreviousiy `IssueClGertlficafe forRhejpolwy pi;riori hot edbelow THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, L TYPE OF INSURANCE T R POLICY NUMBER POLICYEFFECTIVE DATE IMMIDDIVYI f� POLICY EXPIRATION DATE IMMIDDIVY) LIMITS A GENERAL LIABILITY GLO9377201 -00 10131103 Qz 10131 .. -,g�'. GENERAL AGGREGATE $ 2,000.000 PRODUCTS - COMP /OP AGG $ 2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX I OCCUR PERSONAL B ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S& CONTRACTOR'S PROT X FIRE DAMAGE(Any ane Ore) $ 300,000 LUQFn X PER PROJECT AGGREGATE MED EXP (Any one person) $ 10,000 0�77 _ A AUTOMOBILE LIABILITY BAP9377199 -00 (ADS) 10131103 � 401 -' O COMBINED SINGLE LIMIT $ 1,000,000 X A ANY AUTO TAP9377198- 00(TX) 10131/03 C2,10/3110 _ BODILY INJURY (Per person) $ A ALL OWNED AUTOS "'BAP9377200- SCHEDULED AUTOS+ ,. 00(VA) ,.. ,. 10/31/03 ,U) 1104 BODILY INJURY x (Per acntleni) $ HIRED AUTOS I ' NON- OWNEDAUTOS` - PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANYAUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM _ $ OTHER THAN UMBRELLA FORM _ _ . - _ _ _. -.. _ -.. _. A WORKER5 COMPENSATION A D EMPLOYERS - LIABILITY THE PROPRIETOR! INCL PARTNERS/EXECUTIVE OFFICERS ARE: X EXCL VVC9377202 -00 10/31/03 10131 _mss / X TORY LIMITS ER {x,Lfit '-. Hld:, `a'! EL EACH ACCIDENT $ 1,000,000 EL DISEASE.POLICY LIMIT Is 1,000,000 EL DISEASE -EACH EMPL DYES $ 1,000,000 OTHER DESCRIPTION OF OPERATION SILOCATIONSNEHIC LESISPECIAL ITEMS RE: CCTV SEWER INSPECTION SERVICES -WORK ORDER 539. THE CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE ARE ADDITIONAL INSUREDS UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY, BUT ONLY TO THE EXTENT REQUIRED BY THEIR WRITTEN CONTRACT WITH THE NAMED INSURED FOR OPERATIONS PERFORMED BY THE NAMED INSURED. A WAIVER OF SUBROGATION APPLIES UNDER THE WORKERS CERIIFICATELNE/L{7ER i° ns iln {a ',.tom i ix« m I li {pi{ rsCaNCELLA'TCONtµ it '.L i. tx a ri {.+ _ x SHOULD ANY OF THE POLICIES DESCRIBED HEREIN SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 3(I DAYS WRITTEN NOTICE TO THE CITY OF ARCADIA ATTN: CITY OF CLERK'S OFFICE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 240W. HUNTINGTON DRIVE LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES . OR THE ARCADIA, CA 91066 -6021 ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Christy N. Phoebus `J�if4r-L- �,,Jyip.l- rtl-t +a i'! Ei '>�*.' II it's N , -AE °•.. ..s"').1 t, ar;-W.._r. 31 "{ti 4#k t� :Ii.L, <�.! _n jl.r'r VALIDAsOF {11/11103 - °y` >>n t `` I nH ii . kitE , r{ { 'Pa_�,.., til. }.,.4:y„» .»..s - DATE (MM /DDNY) PRODUCER COMPANIES AFFORDING COVERAGE MARSH USA INC. 500 WEST MONROE STREET COMPANY CHICAGO, IL 60661 E Attn: Carylon Cert Team P: 312.627.6994 F: 877.855.7274 COMPANY F 227309- ALL - LINES -03 -04 INSURED COMPANY NATIONAL PLANT SERVICES, INC. ATTN: JOAN SCHWING G 1461 HARBOR AVENUE LONG BEACH, CA 90813 -2741 COMPANY H CONTINUED FROM DESCRIPTION SECTION: COMPENSATION POLICY FOR OPERATIONS PERFORMED BY THE NAMED INSURED. tCERTIFIGATE :HDL'DER'r�#%',:i�i`i a �i�j :�'Irsi7 II -," i.�Wa,.l'{: tii, ,a....k, Ni�1lI7�:t hl w �z ';w,.�,m�t.`i.�1.}I� Lusm�iueur �- �x �� I E' "CITY,OF'ARCADIA i ATTN: CITY, OF CLERK'S OFFICE , 240 W. HUNTINGTON DRIVE €- "�'ARCAID CA 91066-602 1 MARSH USA INC. BY Christy N. Phoebus CONTRACT FOR THE CITY OF ARCADIA ANNUAL CCTV SEWER INSPECTION PARTIES AND DATE. PROJECT NO. 5633213 This Contract is made and entered into this day of . 2003, by and between the CITY OF ARCADIA (hereinafter called the "Owner") and Nat onal Plant Services, Inc. (hereinafter called the "Contractor"). RECITALS. 2.1 The Owner is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by Owner on November 5, 2002 has submitted a bid proposal for construction the ANNUAL CCTV SEWER INSPECTION described in the Contract. 2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid Documents, and has given written notice to Contractor on January 22, 2003. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: RVPUB \DRD\570015 a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications (under separate cover) Part "E" - Drawings (under separate cover) Part "F" - Performance Bond Part "G" - Payment Bond CONTRACT-2 GB - STATE & LOCAL (5051507/660)(712410G) PROJECT NO. 5633213 ADDENDUM NO. _jL_ dated The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the Owner shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. W1 A9 Contractor, s Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work forthe construction of Bid Category number(s) 1 to 4 necessary to fully and adequately complete ANNUAL CCTV SEWER INSPECTION, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of SIXTY THOUSAND DOLLARS AND NO CENTS ($60,000.00), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. RVPUB \DRD\570015 CONTRACT - 3 GB - STATE & LOCAL (50575071660) (7124100) PROJECT NO. 5633213 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 365 Calendar Days, beginning ten (10) Calendar Days after the date on which the Letter of Award is sent by the Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the Ownerwill sufferdamage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of ONE HUNDRED DOLLARS ($100.00) PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 Owner's Basic Obligation. Owner agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner shall pay to Contractor, as full consideration forthe satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attomeys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the Owner. RVPUMDRDU70015 CONTRACT -4 GB- STATE & LOCAL (505/507/660)(7 /24/00) PROJECT NO. 5633213 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor National Plant Services, Inc. 1461 Harbor Ave. Long Beach, CA 90813 -2741 Attn: Dennis Keene, President Owner City of Arcadia 11800 Goldring Road Post Office Box 60021 Arcadia, Ca 91066 -6021 Attn: Rafael Fajardo Surety Trnyelprs Tnc 915 Shuman Blvd Naperville IL 60563 -8458 Attn: With Copies To: Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. NATIONAL PLANT SERVICES, INC. By: President Title Tax I.D. Number: 36- 2819728 Number Contractor, s License: C Class 351503 Number CITY OF ARCADIA By: W 4 1w "{'I<0 William R. Kelly Date City Manager ATTEST: By: DA U ` rie D. Alford Date City Clerk Approved as to Form: By: 1rZ" P � Step en P. Deitsch City Attorney RVPUBIDRD\570015 CONTRACT -5 GB - STATE& LOCAL (50515071660) (724100)