HomeMy WebLinkAbout2003-03-31 City Council (3)TO:
FROM:
DATE:
HONORABLE CITY COUNCIL
CITY MANAGER
MARCH 31, 2003
DEPARTMENT: UTILITIES
CMR: 187:03
SUBJECT:APPROVAL OF CHANGE ORDER NO.1 TO SURE FLOW,
INCORPORATED, DBA ROTO ROOTER IN THE AMOUNT OF
$28,000 TO INCREASE THE TOTAL CONTRACT TO AN
AMOUNT NOT TO EXCEED $328,000
RECOMMENDATION
Staff recol-mnends that Council approve and authorize the Mayor to execute a change
order to contract C1125879 with Sure Flow Inc. (d.b.a. Roto Rooter) in the amount of
$28,000 for a total contract amount not to exceed $328,000.
DISCUSSION
The Utilities Department has a three-year services contract in the amount of $300,000
with Roto Rooter. This contract will expire in June 2003, but because of the unexpected
large number of sewer lateral blockages and general breakdowns with the City’s
inf~’astructure, the cost of Selwices of Roto Rooter exceeded the amount of the contract.
Due to Roto Rooter’s billing process, there was a lag time of up to two months between
the services being performed and the bills being submitted for payment to the City. This
contributed to the Water-Gas-Wastewater staff exceeding the contracted amount with
Roto Rooter. As soon as the impact was recognized, all use of Roto Rooter ceased.
The City originally went to an outside contractor to provide sewer lateral maintenance
and elner~ency response services because the volume of calls was very time intensive
and the ~-ontractor was able to provide the service at a lower cost than City staff.
However. staff found that by adding a contracted crew to perform sewer lateral
installations (a low customer interaction process) and resuming lateral maintenance and
emergency response services the City was able to provide a far superior level of service
to the resident!customer while resolving most issues with one service call, thereby
reducing the cost per service request.
CMR: 187:03 Page 1 of 2
Staff is recommending a change order to the contract with Roto Rooter to authorize
payment for work, which has been completed through January 15, 2003. Roto Rooter
has been paid through November 30, 2002 but remains to be paid for services it provided
during the month of December and the first half of January. The total amount outstanding
is $28,000.Payment of this amount will allow the contract with Roto Rooter to be
closed out.
RESOURCE IMPACT ) .
Funds for this project are included in the FY0_/0~ Water-Gas-Wastewater funds
operating budget.
POLICY IMPLICATIONS
The approval of this change order is consistent with existing City policies.
ENVIRONMENTAL REVIEW
The recommended action does not constitute a project under the California
Environmental Quality Act.
ATTACHMENT
Contract No. 1125879
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
BILL GR~Y -~
Manager, Water Gas Wastewater Operations
JO~L~CI~
D~~rof Utilities
EMILY HARRISON
Assistant City Manager
CMR: 187:03 Page 2 of 2
TO:
PURCHASE ORDER
VENDOR I.D.TERMS F.O.B. POINT SHIP VIA BUYER
DELIVERY DATE ORDER DATE DEPT. / DIV.BID, REQUEST NUMBER
PLEASE NOTE:
TH S P.O: N~ST----~-~-EAR 0NAL~
INVOICES, PACKAGES. SHIPPING PAPERS
AND CORRESPONDENCE PERTAINING TOTHIS ORDER ~
PURCHASE ORDER (P.O.)
SHIP TO
i
City of Paio Alto
Accounts Payable
P.O. Box 10250
Paio Alto, CA 94303
TEM QTY. UNIT DESCRIPTION UNIT PRICE ORDER AMOUNTKEY CODE-OBJECT
DIRECT ALL CITY OF PALO ALTO
COlviMUNICATtON \PURCHASING DEPT.
AND ,)P.O. BOX 10250
ACKNOW GEMEN PALO ALTO, CA 94303
(650) 329-227!/
DELIVERIES ACCEPTED ONLY BETWEEN
8:00 AM & 3:00 PM
UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN.
DEPARTMENT/DIVISION
NOT VAL D UNLESS S GNED
CM PURCHASING MANAGER I Y -: ::~’: "
THIS P,O, IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW, AND ON THE REVERSE
SPECIFICATIONS - Any specifications and!or drawings referred to and/or atiached hereto are expressly made a part
this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the dale specified.
ORDER IDENTIFICATION - Show the P.O. number on all shipping labels, packing lists, invoices, and communications.
partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
TAX - This Purchase Order is exempt from Federal Tax,, (Certificate furnished upon request) but is subject to sales ~x
when appiicable.
CONTRACT No.
(Public W.ork) f
This Contract, number ..~ ,//~,/Z.~,~,j’ dated ~//~.~’//z C’-’~, is entered into by and between the City of
Palo Alto, a chartered city and a municipal corporation of the Sta’~e of California ("City"), and Roto-Rooter, an Ohio
Corporation, ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and
Contractor ("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this
Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such
notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier
termination of this Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants,
terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally
described as follows:
Project Title:Sewer Lateral Cleaning Services, Invitation For Bid (IFB) Number 125879
Total Bid:$ 80,958.75
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with
the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and
resolving inconsistencies between and among the provisions of this Contract, these documents and the
provisions thereof are set forth in the following descending order of precedence.
This Contract.
Invitation For Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1992),
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and
upon the receipt of written invoices and all necessary supporting documentation within the time set forth in
the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated,
within thirty (30) Days of the date of receipt of Contractor’s invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of
insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be
required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal
property or the personal property of any person performing labor or services or supplying materials or
equipment under the Project. Contractor shall furnish City with the certificates of insurance and with
original endorsements affecting coverage required under this Contract on or before the Date of Execution.
The certificates and endorsements for each insurance policy shall be signed by a person who is authorized
by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to
the address set forth in Secti’on 15 of this Contract.
RAGE i OF 6
10.
11.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members,
officers, employees, agents and representatives harmless from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in
part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a
result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any
part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for
doing anything which Contractor is required not to do under this Contract, or which arises from conduct for
which any Law may impose strict liability on Contractor in the performance of or failure to perform the
provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of
City or any of its Council members, officers, employees, agents or representatives. This indemnification
shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by
Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations
under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend
City, its City Council members, officers and employees from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in
whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions
under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act
(42 U.S.C. §§9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. §§6901-
6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as amended); the
Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as
amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100-25250.25, as amended);
the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, §§25249.5-25249.13, as
amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, §§25280-
25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common
law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to
the property of Contractor which~may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission
of City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver
by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this
-Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the
same or any other provision, nor shall any custom or practice which may arise between the parties in the
administration of any part or provision of this Contract be construed to waive or to lessen the right of City to
insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of
this Contract.
ComDliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in
force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire
underwriters or other similar body now or hereafter constituted, with any discretionary license or permit
issued pursuant to any Law of any public agency or official as well as with any provision of all recorded
documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the
Project site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials.
Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before
the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the
Invitation For Bid.
ReDresentations and Warranties. In the supply of any materials and equipment and the rendering of labor
and services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
PAGE 2 OF 6
12.
13.
14.
15.
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials
are required;
Any labor and services rendered and materials and equipment used or employed during the
course and scope of the Project and Work shall be free of defects in workmanship for a period of
one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed
obtained by Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is
true and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard
to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For
Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon
the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports,
resolutions, certifications, and other written information as may be requested of Contractor by City
from time to time during the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by
the State of California as required by California Business & Professions Code Section 7028, as
amended; and
Contractor has fully examined and inspected the Project site and has full knowledge of the
physical conditions of the Project site.
Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall
not be assigned by Contractor. Any attempted assignment shall be null and void.
Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract
Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by
certified or registered mail within ten (10) Days after the claim arose or within such other time as may be
permitted or required by law, and shall be described in sufficient detail to give adequate notice of the
substance of the claim to City.
Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s
Project-related and Work-related writings and business records, as such terms are defined in California
Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if
Contractor has no such hours, during the regular business hours of City.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders,
PAGE 3 OF 6
16.
17.
consents, designations, notices, offers, requests and statements given by either party to the other shall be
in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by
the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a
facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours
of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by
facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without
limitation, service by delivery and service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O..Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Utilities Department
250 Hamilton Ave
P.O. Box 10250
Palo Alto, CA 94303
Attn: Michael Haynes, Project Manager
To Contractor:Roto-Rooter
1205 Chrysler Drive
Menlo Park, CA 94025
Attn: Bill Foley
Aooropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may
accrue only after such expenditures have been approved in advance in writing in accordance with
applicable Laws. This Contract shall terminate without penalty (I) at-the end of any fiscal year in the event
that funds are r{ot appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event
that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer
available. This Section 16 shall control in the event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal property of
Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval
or consent shall be in writing and shall be executed by a person having the express authority to
grant such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and
Specifications (1992) of this Contract are incorporated herein by reference.
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a
superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon
the construction or interpretation of any part of this Contract.
PAGE 4 OF 6
Incorporation of Documents. All documents constituting the Contract documents described in
Section 3 hereof and all documents which may, from time to time, be referred to in any duly
executed amendment hereto are by such reference incorporated in this Contract and shall be
deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral
or written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties,
unless such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term
or other stipulation in the Contract shall define or otherwise control, establish, or limit the
performance required or permitted or to be required of or permitted by either parb,. All provisions,
whether covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution
or other writing, which authorizes any director, officer or other employee or partner to act for or in
behalf of Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is
void or unenforceable, the provisions of this Contract not so affected shall remain in full force and
effect.
Status of Contractor. tn the exercise of rights and obligations under this Contract, Contractor acts
as an independent contractor and not as an agent or employee of City. Contractor shall not be
entitled to any rights and benefits accorded or accruing to the City Council members, officers or
employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall
apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
calculation of time hereunder, the time in which an act is to be performed shall be computed by
excluding the first Day and including the last. If the time in which an act is to be performed falls on
a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall
be extended to the following Business Day.
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of
such action shall be vested exclusively in the state courts of California in the County of Santa
Clara in the City of San Jose or in the United States District Court for the Northern District of
California in the City of San Jose.
Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract
or arising out of this Contract may recover its reasonable costs, including reasonable attorney’s
fees, incurred or expended in connection with such action against the non-prevailing pa~,.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city
of Palo Alto, County of Santa Clara, State of California on the date first stated, above.
ATTESR
APPROVED AS TO FORM:
Clerk
,/
CITY OF PASO ALTO
Its May6r
Senior Assistant City Attorney
PAGE 5 OF 6
APPROVED:
Assistan
/
Services
Contract fvlanatge~ (Insurance Review)
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Tile:
(Compliance with California Corporations Code § 313 is
required if the entity on whose behalf this contract is signed is
a corporation. In the alternative, a certified corporate
resolution attesting to the signatory authorit3’ of the individuals
signing in their respective capacities is acceptable)
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1 !89)
STATE OF .)
COUNTY OF ~~ ~.’-~c.-~:’---")
/..-~/ ..-~--.
On ..->~...4~.~ ...................~.? ~. ~ ~ , before me,~:, 27] ,~z.,~ ,
, a notary public in and for said County, personaBy appeared ~:Z~]~~-~ ~ ~.~
, personally known to
me (or proved to me on the basis of satisfacto~ evidence) to be the person(~ whose name~ i~/are
subscribed to the within instrument and acknowledged to me that h~/shelthey executed the same in
hi~/her/their authorized capacity(~, and that by hi~/her/their 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 (Seal)
PAGE 6 QF 6
Rick L. Arquilla
PLUNiBERS
Roto-Root.er Services Company
2500 Chemed Center
255 East Fifth Street
Cincinnati, Ohio 4.~2.02-4725
5i~.762.6190
September 18, 2000
Senior Assistant City Attorney
City of Palo Alto, California
Public Work Contract Executed by Roto-Rooter Services Company,
an Iowa Corporation, for Sewer Lateral Cleaning Services
Invitation for Bid No. 125879
Dear Sir or Madam:
This letter will certify that Bill Foley of Roto-Rooter Services Company is fully
authorized to execute the above-referenced Bid in the amount of $80,958.75.
Roto-Rooter Services Company
Rick L. Arquiy
PART II -PERFORMANCE BOND
City of Pale Alto
Contractor’s Performance Bond
Rote
WHEREAS, the City Council of the City of Pale AJto, Stme of California ("City") and ~. 205
have entered into an agreement dated 6/27/00 , and identified as
SECTION 610
Bond # 103327365
Rooter Services Co.
Chrysler Dr , ("Pnncipal")
,.which is hereby referred to
and made a part hereof whereby Prindpal agrees to install and complete certain designated public improvements: and
WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Travel~rs Casualty
NOW, THEREFORE, Principal and & ~ure~y Compan, ~’s Sure~, incoq~orated under ~he laws of the Sate of Connecticut,
and duly authorized to transact bpsiness as an admitted surety, under the Laws of the State of California, are held and firmly bound
unlo Ci~ in the penal sum of Fortz Five Hundret~liars($4,500.00 ), for the payment whereof Prin~pal and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, )ointly and severally, firmly by these presents.
The condition of this obligation is such that if the Pdndpal, Principal’s heirs, executors, administrators, successors or assigns shall
promptly and faithfully keep and perform the c~venants, conditions and provisions of the above-mentioned agreement and any
alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such
agreement and shall fully prote~, indemnify, defend and hold harmless City, its officer~, agents, and employees from all rJaims,
demands or liabilities which may arise by reason of Principal’s failure to do so, and shall reimburse and repay City all outlay and
expenses which City may incur in making good any default, lhen this obligation shall be null and ¥oid; otherwise, it shall remain in
full force and effect.
A~ part of the obligations secured hereto, and in addition to the face amount specified therefor, Lhere shall be included cesta and
reasonable e.~penses and fees, including reasonable atkorney’s fees incurred by City in successfully enforcing such obligations, all
to be ta×ed as costs and included in anyjudgmenl rendered, Surety shall be liable for any liquidated damages for which the
Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligalions secured
hereto, and in addition to the face amount specified therefor.
The Surety hereby stipulal~s and agrees that no change, extension of time, alteration or addition to the terms of the agreement 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 agreement or
to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Surety above named on June 23
SURETY, Travelers Casualty & Surety Co.(Type CompanyName)
PHON~,. NUMBER; 614-798-:7883
Its: Attorney in Fact
CERTIFICATE OF ACKNOWLEDGI~ENT
(Civil Code § 1189)
STATE OF Ohio ,)
COUNTY OF .....Hamilton )
On .7~ne 23, 2000 ,before me, Cathy L. Evans
Counb/, personally appeared Anne M. Mulholland , a notary public in and for said
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be lhe person(s) whose name(s) is/are subscribed to the wilhin instrumentand acknowledged to me that helshe/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behall= of which the person(s) acted, executed lhe instrument.
WITNESS my hand and o,~cial seal.
CITY.,,OF PALe ALTO IFB ~5879
[Seal)
PAGE 1 OF 1
TIk~_VELERS CASU.4_LTY A~hq3 SURETY COMI~ANY OF A2~EtLICA
TRAVELERS CASU.4-LTY AND SURETY COMPANY
Fi~,_M~ GT ON CASUALTY
Hartford, Connecticut 06183-9062
TRA~,rELERS CASUALTY AND SURETY CO1VIPANY OF ILLINOIS
Naperville, Illinois 60563-8458
POWER OF ATTORNEY A_NI) CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-LN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY CONPANY OF
.4.5IERICA. TRAVELERS CASUALTY ANI) SURETY COM~PA-N~Y and FARM~-GTON CASUA_LTY CO-~’~AiN~Y,
corporations duly organized under the laws of the State of Connecticut, and having their principal offces in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMI~ANY OF ILLL-NOIS, a
corpo;ation duly orgamzed under the laws of the State of I~inois, and having its principal office in the City of Napervilte, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presems make,
constitute and appoint: Thomas E. Purtell, Anne .,YL Mulholland, Edward T. Harris, Cathy L. Evans, Ralph E. ]Kodges,
Jerrold J. Renske, Richard l. Zuber, Cinda It. Main, Carol A. Rodgers, John .4. Stough, Douglas A. Stough, Jacinta M.
Goetz, Rita R. Thevenot, Jeffrey A. Brown, Rubyanne O’Br3’an or Suzanne Reed * *
of Cincinnati/Columbus, OH: Louisville, KY, their true and la~ful Attorney(s)-in-Fact, ~vith full power and authority hereby
conferred to sign, execute and acknowledge, at an) place within the United States, or, if the follo~5_ng line be filled in, within the
area there desig-nated the following instrument(s):
by his/her sole sig~aature and act. any and all bonds, recog-nizances, contracts of indemnity’, and other ~tmgs obligatory, in the
nature of a bond, recognizance, or conditional undertaking and any and al! 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 Wen, are hereby ratified and
confirmed.
This appointment is made under and by authority of the follo~4ng Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: -Faat the Chairman, the President, any Vice Chairman, any Executive Vice Presidem, any Senior Vice President, an)’ Vice President, any
Second Vice President,. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-if-Fact
and Agents to act for and on behalf of the company and may give such appoiftee such authority as his or her certificate of anthority may prescribe
to si~ with the Company’s name and sea! ~4th the Company’s seal bonds, reco~ances, contracts of indenmiw, and other xmtings obligatory ha
the r~arure of a bond, "recogmzance, 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: "Faat the Chairman, the President, an), Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoifg authori%’ to one or more o~cers or employees of this Company, pro~4ded that each such delegation is
if writing and a copy thereof is filed in the o~ce of the Secretary.
VOTED: That any bond, reco_mMzance, contract of indemnity, or writing obligatory in the nature of a bond, reco~mxizance, or conditional
undertaking, shall be valid and bifdifg upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any’
Senior Vic~ 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 sea~ed ~4th the Company’s seal by a Secretary. or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Atlomeys-ir~-Fact and Agents pursuant to the power prescribed if his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a ~Titten delegation of authorib’.
This Power of Attorney and Certificate of Authority is sig-ned and sealed by facsimile under and by authority of the following
Standing Reso.~.ution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY CO1KP.kNY OF
A.MSERICA. TRAV-ELERS CASUALTY AND SURETY CObIP.4aNY, FAtLMINGTON CASUALTY COMI~AIN~’ and
TRAVELERS CASUALTY ANI) SIJRETY COM~PANY OF ILLL-NOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the follo~4ng officers: President, any Executive Vice President, any Senior Vice President, any’ Vice
President~ any Assista~tt Vice President, any Secretary, any Assistant Secreu~ry, and the seal of the Company may be affixed by facsimile to any
~ower of attorney or to any certificate relating thereto appo~.ting Resident Vice Presidents, Resident Assis ,rant Secret.a_des or Attomeys-if-Yact for
~uraoses only of executing, and attesting bonds and undertakdngs and other w-rifinzs obkigatory m the nature "~her or, and an.v such power of attorney
~r dertificate bearin.~ suct~ facsimile si~arare or facsimile seal shall be valid and bifdifg upon the Company and any such power so executed and
certified by such facsimile si~am~e ~d facsimile seal shall be valid and binding upon the Company in the furare with respec~ to my bond or
andertaking to ~;nich it is attached.
(8-97)
LN WITNESS WHEREOF, T1LAVELERS CASUJ~LTY .4~ND SURETY CO.M~PA_NY OF AMERICA, TRAVELERS
CASUA_LTY AND SURETY COM.P.~NY, FA_R_MENGTON CASU.~LTY COM2PANY and TRAVELERS CASUA-LTY .AND
SURETY COMPANY OF ILLh-NOIS have caused this insr_rument to be si~ed by their Senior Vice President, and their corporate
seats to be hereto affixed this 6th day of March, 2000,
TRAVELERS CASUALTY AND SURETY COMPANY OF A1V£ERICA
TRAVELERS CASUALTY .aN’I) SIYRETY COMPANY
FARM~GTON CASUALTY COMP.~
TIL&~v~ELERS CASU.a~LTY AND SURETY COMPANY OF ILLINOIS
IEAL I-~I By.
George W. Thompson
Senior Vice President
On t~s 6th day of March, 2000 before me personally came GEORGE W. TttOMPSON to me known, who, being by me d~y
sworz~, did depose and say: that he/she is Senior Vice President of TRAVELERS CASU.~LTY .4~NI) SURETY COMPANY OF
A_MERICA, T1L~VELERS CASUASbTY .AND SURETY COMP.M’q-Y, F.~tMINGTON CASUA-LTY COMP-ALN~/ and
TIL~rELERS CASUALTY AND SUILETY COMPA2q-Y OF ILLLNOIS, the corporations described in and wkich executed the
above instrument: that he!she knows the seats of said corporations; that the seals a£fixed to the said instrument are such corporate
seats; and that h~!she executed the said instrument on behalf of the corporations by authorib’ of his/her office under the Standing
Resolutions thereof.
My commission expires June 30, 2001 Notary Public
Marie C, Tetreault
CERTWICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS C.MSUALTY .AND SURE’i~Y CONIPA-N~Y and F#d{MINGTON CASUALTY COMSP.~N~Y, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTINY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
fLfll force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the
Signed and Sealed at the Home Office of the Company, in the Cib’ of Hartford, State of Connecticut. Dated this ~.day of
Kori M. Johanson
PRODUCER
Aon Risk Services,Inc. of Ohio
250 E 5th Street
Suite 1600 Chiquita Center
Cincinnati, OH 45202-4157
5!3-62i-0130
INSURED
Roto-Rooter Services Co.
1205 Chrysler Drive
Men!o Pa~k, CA 94025-1134
#193
DATE fl’~ M/D D/YY)
410!100
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 POLICIESBELOW.
I COMPANIES AFFORDING COVERAGE
COMPANY
A Continenta! Casualty Company
COMPANY
B National Union Fire Ins Co
COMPANY
c
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ~S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO i POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR !TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/’YY)DATE (MM/’DD/Y¥)
GL189153503 4/01/00 4/01/011 GENERAL LIABILITY
~ COMMERCIAL GENERAL LIABILITY
~ CLAIMS MADE ~L~ OCCUR
i OWNER’S & CONTRACTOR’S PROT
i AUTOMOBILE UABILITY
~ ANY AUTO~..ALL OWNED AUTOS
.,~ SCHEDULED AUTOS
-~ H,RED Amos
~ NON-OWNED AUTOS
~ Self Insured
I for Phy Damage I
GARAGE LIABIUTY~ANY AUTO
i EXCESS LIABILB’Y
~UMBRELL~ FORM
OTHER THAN UMBRELLA FORM
I WORKERS COMPENSATION AND
EMPLOYERS* LIABILITY
= PROPRIETOR/INCLPARTNERS/EXECUTIVE
OFFICERS ARE:EXCL
OTHER
BUA!89153419
WC189153467
4/o!/oo 4/oz/oz
4/0t/01
¯ GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
I PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE Any ane fire)
I MED EXP (Any one parson)
COMBINED SINGLE LIMIT
BODILY INJURY
(Par parson)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
5,000,000
4,000,000
2,000,000
2,000,0.00
2,000,000
5,000
2,000,000
EACH ACCIDENT i $
AG’GREGATE i S
EACH OCCURRENCE I S
’, WC STATU-OTH- ::::::: ::::::: :::::::::::::::::::: :i))::X i TORY LIMITS ER ::::::::::::::::::::::::::::::::::::::::::::::::::::::
EL EACH ACCIDENT I S 2 , 0 00 t O 00
EL DISEASE - POLICY LIMIT i "~2., 000, 000
ELDISEASE-EA EMPLOYEE i S 2, 000t 000
DESCRIPTIONDFOPERATIONS/LOCATIONSNEHICLES/SPECtAL1TEMS
The Certificate Holder is listed as Additional Insured under General Liability
but only as respects the operations of the Nax~ed Insured.
City of Pa!o A!to
Attn: Utilities Department
250 Hamilton Avenue, 2nd Floor
Palo Alto, CA 94301
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE 2{ II /~ ~ I00067100