HomeMy WebLinkAboutContracts & Agreements_8-1991_CCv0001.pdf FORMAL CONTRACT
THIS AGREEMENT, made and entered into this 16th day of MARCH
1991, by and between ADSORPTION SYSTEMS INC.
hereinafter referred to as "Seller, " and the City of Redlands, CALIFORNIA,
hereinafter referred to as "Owner."
WITNESSETH:
That for and in consideration of the promises and agreements hereinafter made
and exchanged, the Owner and the Seller agree as follows:
1. That the Seller will furnish and deliver the equi t and materials Z,"O
to the extent of the Proposal made by the Seller within dlne'hundred e�±ghty -/`"
2_c-,77Qt2:S'0j days of issuance of the Notice to Proceed, all in full compliance with
the Contract Documents. Seller further will furnish, deliver and install the
required granular activated carbon within thirty five (35) days after being
notified by the Owner that the adsorber vessels, piping, skids and
appurtenances and other onsite improvements are ready to accept the granular
activated carbon.
2. That the City of Redlands, California, will pay the Seller progress
payments and the final payment in accordance with the method set forth in the
Specifications with warrants drawn on the appropriate fund or funds as
required, according to the prices as proposed and accepted, based upon the
Plans, Specifications, and Addenda, as follows:
Total Lump Sum Proposal $ONE-MILLION EIGHT-HUNDRED
Granular Activated Carbon ELEVEN-THOUSAND, SEVEN-HUNDRED
Treatment System TWELVE Dollars
$1,811,712.00 and NO Cents
3. Seller agrees that the time of complete delivery set forth in his
Proposal shall be computed from the date the Ownerissues the Notice to
Proceed.
4. Time is of the essence on this Contract.
51, Seller agrees that Owneg will suffer damages for each and every day
4113
over bAe' hundred arid--e-ighty (IF W- f days
required for fabrication and delivery
of the materials and equipment including the adsorber vessels, piping, skids
and appurtenances. Seller acknowledges that the damages sustained by the
Owner will be impracticable or extremely difficult to ascertain and determine
in the event of and by reason of such delay, and therefore agrees that such
damages shall be presumed to be in the amount of One Thousand ($1, 000 .00) j
Dollars per calendar day for each day Seller fails to perform in
,_rdance
with these contract documents over the hundred
V r/
64W
and--e4jhty (R4-� days
required for fabrication and delivery of the equipment. Seller further agrees 44t
that Owner will suffer damages for each and every day over thirty five (35)
days after being notified by Owner that the adsorber vessels, piping, skids
1/28/91 FC-1 F2847B12
CranularActCarbon Div
and appurtenances and other site improvements are ready to accept the granular
activated carbon required for delivery and installation. Seller acknowledges
that damages sustained by the Owner will be impractical
ractical or extremely difficult
to ascertain and determine in the event of one by reason of such delay, and
therefore agrees that such damages shall be presumed to' be Five Hundred
($500 .00) Dollars per calendar day for each day Seller fails to perform in
accordance with these contract documents over the thirty five {35) days
required for delivery and installation of the granular activated carbon.
Furthermore, should the Seller fail to complete the Work within the time
limits agreed upon and as set forth in the contract documents, liquidated
damages in the amount set forth in the instructions for preparing proposals
shall be paid to Owner. owner is not obligated to accept delivery of the
equipment or have the site ready to accept the equipment prior to the end of
the time limit agreed upon with the owner.
6. The Seller shall, prior to the execution of the Contract, furnish two
bonds acceptable to the City of Redlands, one in the amount of One Hundred
Percent (100%) of the Contract price, to guarantee the faithful performance of
the work, and one in the amount of One Hundred Percent (100%) of the Contract
price to guarantee payment of all claims for labor and materials furnished.
This Contract shall not become effective until such bonds are supplied to and
accepted by the City of Redlands, California.
7. This Formal Contract by reference includes the Request for Proposals,
Instructions for Preparing Proposals, General Conditions, Specifications,
Proposal, Certificates and Affidavits, Payment Bond, Performance Bond,
Insurance Certificates, Plans, and Addenda, if any, all as the term "Contract"
is defined- in the Specifications.
8. Insurance
A. Seller is also aware of the provisions of Section 3700 of the
Labor Code which requires every employer to be insured against liability for
worker's compensation or undertake self-insurance in accordance with the
provisions of that Code, and will comply with such provisions before
commencing the performance of the work of this Contract.
B. Seller and all subcontractors will carry worker's compensation
and employer's liability insurance for the protection of its employees during
the progress of the work. The insurer shall waive its rights of subrogation
against Owner, its officers, agents, engineer, and employees on it's workmanst
compensation policy, and shall issue a certificate to the policy evidencing
same.
C. Seller shall at all times, carry on all operations hereunder,
bodily injury, including death, and property damage liability insurance,
including automotive operations, bodily injury and property damage coverage.
All insurance coverage shall be in amounts required by Owner and shall be
evidenced by the issuance of a certificate in a form prescribed by the Owner
and shall be underwritten by insurance companies satisfactory to owner for all
operations, subcontract work, contractual obligations, product or completed
operations, all owned vehicles and nonowned vehicles. Said insurance coverage
obtained by the Seller, excepting worker's compensation coverage, shall name
1/28/91 FC-2 F2847B12
GranuiarActcarbon Div
the Owner, its Commissioners, officers, Agents, Employees, Engineers and
Consultants for this Contract, and all public agencies from whom permits will
be obtained and their Directors, Officers, Agents and Employees, as determined
by the Owner as additional insureds on said policies. Such insurance shall be
primary and shall be on an occurrance basis. "Claims Made" coverage will not
be accepted.
D. Before Notice to Proceed is issued by the Owner, and before
Seller performs any work at, or prepares or delivers equipment and materials
to, the site of construction, Seller shall furnish certificates of insurance
evidencing the foregoing insurance coverages and such certificate shall
provide the name and policy number of each carrier and policy and that the
insurance is in force and will not be canceled without thirty {30} days
written notice to Ownerby certified mail. Seller shall maintain all of the
foregoing insurance coverages in force until the work under this Contract is
fully completed. The requirement for carrying the foregoing insurance shall
not derogate from the provisions for indemnification of Owner by Seller under
Section 9 of this Contract. Notwithstanding nor diminishing the obligations
of Seller with respect to the foregoing, Seller shall subscribe for and
maintain in full force and effect during the life of this Contract, the
following insurance in amounts not less than the amounts specified and issued
by a company admitted in California and having a Best's Guide Rating of
A-Class VII or better:
workers' Compensation In accordance with the Worker's
Liabilitv Compensation Act of the State
of California
Employer's Liability $1,000, 000 one person per
accident
Public Liability, including $1,000,000 one person,
Automotive for Bodily Injury one accident
and Death (including non- $2,000,000 more than
ownership and hired cars) one person, one
accident, aggregate
Property Damage Liability, $1,000,000
including Automotive
Owner or its representatives shall at all times have the right to inspect
and receive the original or a certified copy of all said policies of
insurance, including certificates . Seller shall pay the premiums on the
insurance hereinabove required.
9. Risk and Indemnification
All work covered by this Contract done at the site of construction or in
preparing or delivering equipment and materials to the site shall be at the
risk of Seller alone. Seller agrees to save, indemnify and keep Owner, its
Commissioners, Officers, Agents, Employees, Engineers, and Consultants for
this Contract, and all public agencies from whom permits will be obtained and
their Directors, Officers, Agents and Employees harmless against any and all
1/28/91 FC-3 F2847BI2
GranularA=Carban Div
liability, claims, judgments, costs and demands, including demands arising
from injuries or death of persons (Sellers' employees included) and damage to
property, arising directly or indirectly out of the obligations herein
undertaken or out of the operations conducted by Seller, save and except
claims or litigation arising through the sole negligence or sole willful
misconduct of owner, its officers, agents, engineer and employees, and will
make good to and reimburse them for any expenditures, including reasonable
attorneys' fees they may incur by reason of such matters, and if requested,
will defend any such suits at the sole cost and expense of Seller.
IN WITNESS WHEREOF, the said Seller and the City Council of the City of
Redlands thereunto duly authorized, have caused the names of said parties to
be affixed hereto, the day and year first above written.
ADSORPTION SYSTEMS INC. City of Redlands
Seller SAN BERNARD NO COUNTY, CALIFORNIA
By RAM NARAYANAN -AM A
4/ ---e, -
7� r AV,
ti
PRESIDENT By
Title
1/28/91 FC-4 F2847B12
arxruiarActcarbon Div
BOND NO. P02397
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, City of Redlands, California has awarded to:
ADSORPTION SYSTEMS, INC. r 10 E Willow Street, P.O. Box 387
(Seller) Millburn, N.JlAddress) 07041
designated as the "Seller", a Contract for the work described as follows.
Granular Activated Carbon Treatment System for
Volatile Organics Removal Facilities
Texas Street Well Site
Train No. 2 - 12 Adsorbers
and
'WHEREAS, the said Seller is required by the provisions of said Contract
and of the Civil Code to furnish a bond in connection with said Contract, as
hereinafter set forth.
NOW, THEREFORE, WE, the undersigned Seller, as Principal,_, and
HOMESTEAD INSURANCE COMPANY
400 Market Street, Philadelphia, Pennsylvania 19106 With Offices At 1160
Parsippany Blvd. (Name and Address of Surety)
Parsippany, NJ 07054
duly authorized to transact business under the laws of the State of
Ca4l,ifornia, as Surety, are held and firmly bound unto City of Redlands in the
suviof Nine Hundred Five Thousand Eight Hundred Fifty-Six Dollars And 00/100
Dollars {$ 905,856.00 -) , said sum being not less than One Hundred
Pcrcent (100%) of the estimated amount payable by the said Seller under the
terms of the Contract, for which payment well and truly be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns,
jointly and severally, firmly by these presents.
I
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or its
subcontractors, of the heirs, executors, administrators, successors or assigns
thereof, shall fail to pay any of the persons named in Section 3181 of the
Civil Code of the State of California for any materials, provisions, provender
or other supplies used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor thereon of any kind, or shall
fail to pay any amounts due under the Unemployment Insurance Code with respect
to work or labor performed by any such claimant of any amounts required to be
deducted, withheld, and paid over to the Franchise Tax Board from the wages of
employees of the Seller and his subcontractors pursuant to Section 18806 of
the Revenue and Taxation Code, with respect to such work and labor, then said
1/28/91 FC-5 F2847B12
Div
Surety will pay for the same, in an amount not exceeding the sum set forth
hereinabove, and in addition, in case suit is brought upon the bond, will pay
a reasonable attorneys' fee to be fixed by the court . This bond shall inure
to the benefit of any and all persons named in the aforesaid Civil Code
Section 3181 so as to give a right of action to them or their assigns in any
suit brought upon the bond.
Further, the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or modification of the Contract
Documents or of the work to be performed thereunder shall in any way affect
its obligations on this bond, and it hereby waives notice of any and all such
changes, extensions of time, and alterations or modifications of the Contract
Documents and/or of the work to be performed thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th
day of March, r 19 91
(Seller)
ALL SIGNATURES MUST BE NOTARIZED ADRPTION SXISTEMS, INC.
'0Principal
V VIVONNE M. REICUNW-1,
NAD,VkRY PUBLIC OF NEW JER4ftY-
W U' ;MK EVIRES AMIL 1996 HOMESTEAD INSURANCE COMPANY
Frances A. Frazzano, Attorney-in-Fact
Surety
MI E.aArndt
1/28/91 FC-6 F28473121
Gram;1arActcirman Div
VrA3'E O _�fLI .t�tacc{v
CD"TTY C1F t isR u s !;s t
CM this 29th day of March, in Uke yeah 19-21-,
before tm personally cxsrres Frances A. Frazzano
t0 tZ'G-' k"11
1 1 *410, being b "y s-wo , te" es
arr! "I-s Ubat he resides in t1je City of Fast Hanover
that he Is t x:! ATTORNEY-IN-FACT
of t.?re HOMESTEAD INSURANCE COMPANY
t.1ie Cbrparatlon described in and x1iicll executed t1)e foreVi.rg lnstruTc-nty
t}�at lie )Qxlws the seal of U,*, said CbrpC)rat.ion, t1lat t}ye seal affixed to
t1 said instrunent is suc?Y Cbrporate Zeall that 3t w-as so affixed by t}ie
order of Up-- Boa -d of Directors of said Cbrporaticn, aen3 tlrat I),-
Ids
)eids trig re t1 ie re to 17y 1 i Ire orTler,
P x
MI
�..71 t _...,.>,.,_
i 'Title of officfel _Taking . ccarx Tent}
A 'ANE m �
NTAte `PUBLIC, ��-�� .IC O E 9 Y
MY Commission Expires Jens 1, 1995
i
HO Ni E S T E A 1) INSURANCE COMPANY
TWO HUDSON PLACE
HOOOKEN, N.J. 07030
STATEMENT OF FINANCIAL CONDITION
DECEMBER 31, 1989
ASSETS
PONDS . . . . . . . . . . . . . . . . . . . . . . . . . $39, 236, 276
PREFERRED STOCKS . . . . . . . . . . . . . . . . . 117 , 150
COMMON STOCKS . . . . . . . . . . . . . . . . . . . . . . 2 , 475, 398
CASH. . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . 3 , 529 , 490
SHORT-TERM INVESTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . 16, 650, 851
PREMIUM IN COURSE OF COLLECTION. . . . . . . . . . . . . . . . (262 , 555)
REINSURANCE RECOVERABLE. . . . . . . . . . . . . . . . . . . . . . . . 1 , 115, 916
FEDERAL INCOME TAX RECOVERABLE. . . . . . . . . . . . . . . . . 22 , 387
DATE PROCESSING EQUIPMENT. . . . . . . . . . * * . , , . . . . . ... 115, 306
INTEREST,DIVIDENDS DUE AND ACCRUED. . . . . . . . . . . . . 973 , 544
RECEIVABLE FROM PAR-ENT AND AFFILIATES. . . . . . . . . . 622 ,749
OTHER INVESTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . 2 , 045 . 2$4
TOTAL ADMITTED ASSETS $66, 641,796
LIABILITIES AND SURPLUS
RESERVE FOR LOSSES AND LOSS EXPENSES. . . . . . . . . . . $22 , 645, 667
CONTINGENT COMMISSIONS . . . . . . . . . . . . . . . . . . . . . . . . . 483 , 741
OTHER EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 , 819
TAXES , LICENSES AND FEES . . . . . . . . . . . . . . . . . . . . . . . . 28 , 870
UNEARNEDPREMIUMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 325, 295
DIVIDENDSUNPAID. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
FUNDS HELD UNDER REINSURANCE TREATIES . . . . . . . . . . 347, 715
AMOUNTS RETAINED FOR OTHERS . . . . . . . . . . . . . . . . . . . . 723
PROVISION FOR UNAUTHORIZED REINSURANCE. . . . . . . . . 683 , 361
EXCESS OF STATUTORY OVER STATEMENT RESERVES . . . . 6, 485, 000
PAYABLE TO PARENT AND AFFILIATES . . . . . . . . . . . . . . . 693 , 685
TOTAL LIABILITIES $39 , 821 , 890
CAPITAL STOCK PAID UP $ 2 , 500, 000
CONTRIBUTED SURPLUS 20, 735, 000
UNASSIGNED FUNDS 2 , 584 , 906
SURPLUS AS REGARDS POLICYHOLDERS 26 , 819 , 906
TOTALS $66, 641, 796
1 , Leonard Mintzes, Treasurer of Homestead Insurance Company, do
hereby certify that the foregoing statement is a correct exhibit
of the assets, liabilities and surplus of the said Company as of
the 31st day of December, 1989 according to he of my
information, knowledge and belief.
according
MintzerID reasurer
State of New Jersey)
) ss:
County of Hudson
Subscribed and sworn to before me, a Notary Public of the State
of New Jersey, in the City of Hoboken this 28th day of February,
1990.
JAMES P. CorACORA"
N-otery Pubtit 0 Now Jersey
No. 2055781 lame iArv� co: co r a n,N o t a_r_yF_U_ rc
commitston tjxplres ,ten. t7' t954 —
1160 PARSIPPANY BLVD. , PARSIPPANY, N.J. 07054 '
t .. PUONH (201) 402-1200 / FAx (201) 402 0770
Ki1C3;+ AI..L M1:1N by THESE PRF:SENT81 That HOMESTEAD INSURARCa COMPAN10
a C„rporation of the Commonwealth of perajsylvania# does hereby '
appc,int Patrick J. Lynch, Eamonn Long, David A. Horgan and
tra,►cws A. rrotxano its true and lawful Attorneys-in-Fact to
make, execute# sign, acknowledge, affix the Company Seal to,
deliver any and all surety bonds, u.n�r�a�insrObligatory
��reco�tory � .
and other contracts of indemnity al writing
,0
of a bond not toexceed
on behallfMortll�aid Compo ylfty and Tasaan
(41,250,000.) DO , for
act and deed of said Company.
IN WITNESS WHEREOF, HOMESTEAD INSURANCE COKPA�,� of the
Coml4onwgalth of Pennsylvania has executed e4so r” this
16th day of MAY 1990.
t
IH ITLER, ,President
STATE OF NEW JERSEY )
)S5:
CG►UEITAY OF HUDSON )
On this 16th day of May 1990 before las came the above
nam,►d officer of Homestead
Insurance
otfic r pany, to as described herein, and
ly
known to be the individual
ac)uiowladged that he executed the foregoing instrument,
1AMj3 p. CORCORAN
No1uy p�li°yof No d806r C
O,pn,N�ilae �PkM�ro.11. 1i1t1 � tory Publio
CERTIFICATE
Excerpts of Resolution adopted by the board of Directors of
Howootead Insurance Company of the Commonwealth of Pennsylvania
on Auqu,st 14, 1987.
RgSOLvED, that the President or vice-President shall have power,
by And with the concurrence of the Secretary to appoint
Attorneys-in-Fact as the business of the company any require or
• to authorize any parson or persona to execute on behalf of the
Cou' any any bonds, undertakings, recognirelsas and pol ici+as, contractai agreements, deeds and 9
of judgmenta, decrees, mortgages and instruments in the nature of
morL.gages, and also all other instrumento and documents which the
buuinusis of the Company may require and to affix the Seal of the
Company thereto.
RESOLVED, that the signatures and attestations of such officers
and the Seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating to the
Power of Attorney
by facsimile, and such Power of Attorney o
ng
such facsimile signatures or withrespectal shall be valid and
bond, undertaking,
binding upon the Company to
rULognizances or other contract of indemnity or writing
obligatory in the nature thereof.
Secreta of HOMESTEAD INSURANCE CpMPANY, do
I, FRANK PERI, Secretary - - _....,,�..,�� „r *ha fR amolut-lan
BOND NO. P02397
PERFORMANCE BOND
C
(The premium charged on this bond is $ SCALE being at the rate
of $ SCALE per thousand of the Contract price.)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, City of Redlands, California, by action of the' City
Council on March 22, 1991 , has awarded to ADSORPTION SYSTEMS,
INC. 10 E Willow Street, P.O. Box 387, Millburn, N.J. 07041
(Seller)
(Address)
as the "Principal, " a Contract for the work described as follows:
Granular Activated Carbon Treatment System for
Volatile Organics Removal Facilities
Texas Street well Site
Train No. 2 - 12 Adsorbers
and
WHEREAS, the said Principal is required under the terms of said Contract
to furnish a bond for the faithful performance of said Contract.
NOW, THEREFORE, WE the undersigned Seller, as Principal, and
HOMESTEAD INSURANCE COMPANY
400 Market Street, Philadelphia, Pennsylvania 19106 With Offices At 1160
Parsippany Blvd. (Name and Address of Surety)
Parsippany, NJ 07054
duly authorized to transact business under the laws of the State of Cali-
fornia, as Surety, are held and firmly bound unto City of Redlands in the
penal sum of Nine Hundred Five Thousand Eight Hundred Fifty-Six Dollars And
00/100 - - - Dollars ($905,856.00 _) , lawful
money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above bounden
Principal, his or its heirs, executors, adrainistratorsf successors or assigns,
shall in all things stand to and abide by, and well and truly keep and perform
all the undertakings, terms, covenants, conditions and agreements in the said
Contract and any alteration thereof made as therein provided, on his or their
part, to be kept and performed, at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and
1/28/91 FC-7 F2847B12
t;ranularActCar!aon Z1v
shall indemnify and save harmless the City of Redlands, as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all
court costs and reasonable attorneys' fees as fixed by the court.
And the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the
Contract or to the work to be performed thereunder or the Specifications
accompanying the same shall in any way affect its obligation on this bond, and
it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th
day of March, _, 19 91
(Seller)
ALL SIGNATURES MUST BE/ NOTARIZED AIWORPTION S)[ATEMS, INC.—
/,,�ru
--7T-
REIC14
NOTARY PUBLIC OF NEW JEPSff Principal
APRIL 10495
HOMESTEAD INSURANCE COMPANY
FRANCES A. Frazzano, Attornev-in-Fact
Surety
1/28/91 FC-8 F28 '1B12
GrAnu!ArActcarbo- Div
DIY A� °�lTI'
STA3£ OF NEW JERSEY
CC"M OF KNIR1S ass
On this 29th day of March, , in Ube year 19_9_1,
before me t*ersorjally cares Frances A. Frazzano
to tre l ,ms w3xcs, "beim by sm s3tuly vwarn, depc>ses
and saj-ss t}sat he resides in tj-je City of East Hanover
t1-ba t IVe is the ATTORNEY-IN-FACT
of t.lje HOMESTEAD INSURANCE COMPANY
Use Cbrpomtlon described In and %A-dch executed Use forego rg InStansTrT)tz
that lie )uxws the seal of Use said Cbrporat3ont tbat U e seal affixed to
the said instrvre st is such Cbrporate seals that it was so affixed by Use
order of the board of Directors of said Corporation, sn3 #stat be sicrved
his rianie U Hereto by I Ike order.
A
{Sigr"iatt#--'/I Tf t3e of Official ?along Ac yl t)
1AARY JANE FUNICELLI
NOTATE PUBLIC OF NEW JERSEY
My Co issio `Expires June 1,
s
H ONIESTEAD NSURANCE C 0 M P A N Y
two NUDSON PLACE
HOBOKEN, NJ, 070s0
STATEMENT OF FINANCIAL CONDITION
DECEMBER 31, 1989
ASSETS
PONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . $39, 236, 276
PREFERREDSTOCKS . . . . . . . . . . . . . . . . . . . . . . 117 , 150
CO"ON STOCKS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 , 475, 398
CASH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 , 529 , 490
SHORT-TERM INVESTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . 16t650, 851
FREM,IUM IN COURSE OF COLLECTION. . . . . . . . . . . . . . . . (262t555)
REINSURA14CE RECOVERABLE. . . . . . . . . . . . . . . . . . . . . . . . 1 , 115 , 916
FEDERAL INCOME TAX RECOVERABLE. . . . . . . . . . . . . . . . . 22 , 387
DATE PROCESSING EQUIPMENT. . . . . . . . . . . . . . . . . . . . . . 115t3016
INTEREST,DIVIDENDS DUE AND ACCRUED. . . . . . . . . . . . . 1973 , 544
RECEIVABLE FROM PARENT AND AFFILIATES . . . . . . . . . . 622 ,749
OTHERINVESTED ASSETS . . . . . . . . . . . . . . . . . . . « . . . . . . 2 . 045. 214
TOTAL ADMITTED ASSETS $66, 641,796
LIABILITIES AND SURPLUS
RESERVE FOR LOSSES AND LOSS EXPENSES . . . . . . . . . . . $22 , 645, 667
CONTINGENTCOMMISSIONS . . . . . . . . . . . . . . . . . . . . . . . . . 483 , 741
OTHEREXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 , 819
TAXES , L10ENSES AND FEES . . . . . . . . . . . . . . . . . . . . . . . . 28 , 870
UNEARN
"ED PREMIUMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 , 325, 295
DIVIDENDSUNPAID. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
FUNDS HELD UNDER REINSURANCE TREATIES . . . . . . . . . . 347 , 715
AMOUNTS RETAINED FOR OTHERS . . . . . . . . . . . . . . . . . . . . 723
PROVISION FOR UNAUTHORIZED REINSURANCE. . . . . . . . . 683 , 361
EXCESS OF STATUTORY OVER STATEMENT RESERVES. . . . 6 , 485, 000
PAYABLE TO PARENT AND AFFILIATES . . . . . . . . . . . . . . . 693 , 685
TOTAL LIABILITIES $39 , 821 , 890
CAPITAL STOCK PAID UP $ 2t500, 000
CONTRIBUTED SURPLUS 20,735t000
UNASSIGNED FUNDS 3 , 584 , 906
SURPLUS AS REGARDS POLICYHOLDERS 26, 819 , 906
TOTALS $66, 641,796
1 , Leonard Hintzes, Treasurer of Homestead Insurance Company, do
hereby certify that the foregoing statement is a correct exhibit
of the assets, liabilities and surplus of the said Company as of
the 31st day of December, 1989 according t5,-
0 ;Ph o
information, knowledge and belief.
r
according to
Mintzes �reaslaret'
State of New Jersey)
) ss:
County of Hudson
Subscribed and sworn to before re, a Notary Public of the State
of New Jersey, in the City of Hoboken this 28th day of February,
1990 .
JAMES P. COnCOAAN
Notory rubtic 0 New Jersey
No. 2,0557DI or Fccfotery 13 C�
Commission Lxpltes Jan. 17, tM
'+ w 11Vr1r+,kAzjLU 1PzUl.Ag%.L' I.Vf Y' L1ifa sup n
1160 PARSIPPANY BLVD. , PARSIPPANY, N.J. 07054
4 PHONE (201) 402-1200 / FAX (201) 402 0770
KlLO►t AU MEN AY TILESL PRESENTS: That HOM XSTEAD INSUMUCS COMP"Ve
a C%orparation of the Commonwealth of Pennrylvenia, doge hereby
appc.int Patrick J. Lynch, Ea,monn Long, David A. Morgan and
Frat►com %. rrazzano its true and lawful Attorneys-in-Fact to
mak-j, execute, sign, acknowledge, affix the Company seal to,
deliver any and all surety bonds, undartaJdngs, recognizance+,
and other contracts of indemnitya dwritinglig ynan
natLtre of a bond not to exce1MlisHundred Thousand(i1,250,Uoo.) DOLLARS,
for Compan an behalf of said Compalay and as an
act and dared G
IN WITNESS WHEREOF, HOMESTEAD INSURANCE CQMLPAp,� of the
Co"onwealth of Pennsylvania has executed *** pr` this
16th day of May 1990.
TIN IT President
STA'L'E OF NEW JERSEY �
)SS:
COUaTRY OF HUDSON )
On this 16th day of May 1990 before as cage the above
naaad officer of Homestead Insuranceprcribed hsrsin, ally
Personally
to be the individual and officer de
ackrjowledged that he executed the foregoing instr'ustant«
,DAMES P. CORCORAN
M,,,,y Pubi1a of Now JON81 .or4.es.rH"►++��"��1
No. 2035211
ComrNallao E�plrs+J&&11, 1911 i6-tory Rublic
CERTIFICATE
Excerpts of Resolution adopted by the Board of Directors of
Howoat4ad Insurance Company of the Commonwealth of Pennsylvania
on August 24, 1987.
R,E,6aLvEp, that the President
votewthesident Secretaryshall
tohave
appoint
by axed with the concurrence
Attorneys-in-Fact as the business of the company may require or
to authorize any parson or persons to execute on behalf of the
Cou,da,ny any bonds, undertakings, recognizant s , stipulatins,
policies, contractee, agreements, deeds and 9 o
ent
of judgments* decrees, mortgages and instruments in the nature of
morc.g.sges, and also all othern ento oaf ix the tSeal ich the
of the
bua inead of the Company may require and to
,Cox,,pany thereto.
RESOLVED, that the signatures and attestations of such officers
and the Seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating to the
Power of Attorney
by facsimile, and such Power of Attorney o
ing
sucll facsimile signatures or facsimile seal shall be valid and
binding upon the Company with respect to any bond, undertaking,
rut;ogni.zances or other contract of indumnity or writing
obligatory in the nature thereof.
I, FRANK PERI, Secretary _ of HOMESTEADM TNSURANCE 'COMPANY j do
CERTIFICATE OF INSURANCE
(WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY)
C
NAME OF INSURER: UNITED STATES FIDELITY & GUARANTY CC�,?Pr'4NY
THIS IS TO CERTIFY TO: City of Redlands
Municipal Utilities Department
2 East Citrus, P.O. Box 3005
Redlands, California 92373
THE FOLLOWING DESCRIBED POLICIES HAVE BEEN ISSUED TO:
INSURED: ADSORPTION SYSTEMS, INC.
ADDRESS• 10 E. WILLOW AVENUE, P.O. BOX #387
MILLF3UPN, NJ 07041
LOCATION AND DESCRIPTION OF PROJECT: _
TYPE OF INSURANCE: WORKERS' COMPENSATION & EMPLOYER'S LIABILITY INSURANCE
THIS IS TO CERTIFY that the following policy has been issued by the
below-stated company in conformance with the requirements of the General
Conditions and are in force at this time:
Policy Number E=iration Date Limits of Liability
6106271-91-9 3123192 100,000/500,000/100,000
Statutory Limits Under
the Laws of the State
of California
The policy shall not be canceled or materially altered without thirty
(30) days' prior written notice to the Owner by certified mail at the above
address.
The Insurance Company waives any right to subrogation it may acquire
against the Owner, its Commissioners, Officers, Agents, Employees, Engineers,
and Consultants for this Contract, and all public agencies from whom permits
will be obtained and their Directors, Officers, Agents and Employees by reason
of any payment made on account of injury, including death of persons resulting
therefrom, sustained by any employee of any insured, arising out of the
performance of the above-referenced Contract..
A copy of all endorsements to the policy which in any way limit the
above-specified coverage are attached to this Certificate of Insurance.
1/28191 FC-9 F2847B12
Granu1ArActC2rbcn Div
This Certificate or Verification of Insurance is not an insurance policy
and does not amend, extend or alter the coverage afforded by the policy listed
herein. Notwithstanding any requirement, term, or condition of any contract
or other document with respect to which this Certificate or Verification of
Insurance may be issued or may pertain, the insurance afforded by the policy
described herein is subject to all the terms, exclusions and conditions of
such policies.
IT IS CERTIFIED that the above policy provides workers' compensation
insurance as required by the General Conditions and is in force at this time.
DATED: 413191 FIRM: UNITED STATES FIDELITY & 'GUARANTY CO.
(ins n.ce Company Nam_
'J
SIGNED
�k
ADDRESS:
304 Hl�"ZAN STREET YVONNE M, REICH-*�
VN-0,3TARY PUBLIC OF NEW JERSEY, P.O. BOX #368
MY tv"0111"vi, EVIRS APRIL 5190,
BRIDGEVILLE, PA. 15017
TELEPHONE: 412-221-1300
AGENT FOR SERVICE OF PROCESS:
NAME: FREDERICK I. ZINGER
FIRM: HENDERSON BROTHERS, INC.
ADDRESS: 304 HICKMAN STREET
P- 0. BOX #368
--w=
BRIDGEVILLE, PA. 15017
TELEPHONE: 412-221-1300
NOTICE
No substitution or revision to the above Certificate form will be
accepted. If the insurance called for is provided by more than one insurance
company, a separate Certificate in the exact above form shall be provided for
each insurance company.
The Insurer must be authorized to do business and have an agent for
service of process in California. The Insurer must also have an "A"
policyholder' s rating and a financial rating of at least Class VII in
accordance with the most current Best's Insurance Rating.
1/28/91 FC-10 F2847BI2
GranuiarActcarbon Div
CERTIFICATE OF INSURANCE
(LIABILITY)
NAME OF INSURER: UNITED STATES FIDELITY & GUARANPY CO.
r THIS IS TO CERTIFY TO: City of Redlands
Municiapl Utilities Department
2 East Citrus, P.O. Box 3005
Redlands, California 92373
THE FOLLOWING DESCRIBED POLICIES HAVE BEEN ISSUED TO:
INSURED- AD_43OPPTI011J SYSTEMS, INC.
ADDRESS: 10 EAST WILLOW AVENUE, P.O. BOX #387
MILLBURN, NJ 07041
LOCATION AND DESCRIPTION OF PROJECT:
THIS IS TO CERTIFY that the following policies have been issued by the
below-stated company in conformance with the requirements of the General
Conditions and are in force at this time:
Limits of Liability
Expiration Each
Policy No. Date Occurrence Aggregate
SMP103851836 3123192 A. GENERAL LIABILITY
Bodily Injury $ $
Property Damage $ $
Bodily Injury and
Property Damage
Combined $ 1,000,000. $ 1,000,000.
1AB30028639300 3123192 B. AUTOMOBILE LIABILITY
Bodily Injury
(Each person) $ $
Bodily Injury (Each
Occurrence) $ $
Bodily Injury and
Property Damage
Combined $ 14000,00 $ 1,000,0 0,
SMP103851836 3,123192 . C. EXCESS LIABILITY
Bodily Injury and
Property Damage
Combined $ 2,000,00 $ 2,000,000.
1/28/91 FC-11 F2847B12
GranUlArActcArbm Div
The following provisions and types of coverage are included in said policies
(indicated by "X") in the appropriate space:
1. X The Owner, its Commissioners, Officers, Agents, Employees,
Engineers, and Consultants for this Contract, and all public
agencies from whom permits will be obtained and their Directors,
Officers, Agents and Employees are Additional Insureds as to work
being performed under this Agreement.
2. X The coverage is Primary, and no other insurance carried by the
{owner will be called upon to contribute to a loss under the
} coverage.
3. X The policy(ies) cover Blanket liability.
4. X The policy(ies) limits are provided on an occurrence basis.
5. X Coverage for Broad Form property damage liability, including fire,
earthquake and vandalism and completed operations.
6. X The policy(ies) cover personal injury liability, as well as bodily
injury liability.
7. Coverage for explosion, collapse, and underground hazards.
8. _.xCoverage for products and completed operations.
9. X Coverage for nonowned'vehicles.
10. X Coverage for Independent Contractors and Consultants.
11. X The policy(ies) shall not be canceled or materially altered
without thirty (30) days' prior written notice to the Owner by
certified mail at the address listed above.
12. X Comprehensive Form Automobile Liability, including loading or
unloading.
13. X The policy(ies) cover the use of all autos owned by the insured.
14. X The policy(ies) cover the use of all autos hired by the insured.
15. X The policy(ies) cover the use of all nonowned vehicles.
16. X The policy(ies) contain Excess Liability Umbrella Form.
17. The policy(ies) cover earthquake and tidal wave damage.
18. The policy(ies) contain Excess Liability, other than Umbrella
Form.
1/28/91 FC-12 F2847B12
Granu3.ar1r-tCarbon Div
19. X Coverage is sufficiently broad to insure all of the matters set
forth in the article of the Contract Documents entitled "Risk and
Indemnification."
20. X The policy provides for cross liability and severability of
interest.
21. The policy(ies) contain a provision that requires that any
judgment paid shall first accrue to the benefit of the Owner and
secondly to the policy' s named insured or other additional
insureds . (Note: A copy of the endorsement regarding this
provision must be attached to this certificate) .
A copy of all endorsements to the policy(ies) which in any way limit the
above-listed types of coverage are attached to this Certificate of insurance.
This Certificate or Verification of Insurance is not an insurance policy and
does not amend, extend or alter the coverage afforded by the policy listed
herein. Notwithstanding any requirement, term, or condition of any contract
or other document with respect to which this Certificate or Verification of
Insurance may be issued or may pertain, the insurance afforded by the policies
described herein is sub-ect to all the terms, exclusions and conditions of
such policies.
IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance
as required by the agreement dated MARCH 19, 1991 between the City of
Redlands and the insured.
DATED: 413191 FIRM: UNITED STATZ9F1=1TV & G17ARA TY Co .
(Insurance Copan Name)
SIGNED:
ADDRESS: 304-PICT PIAN STREET
47"
Z2-0. BOX #3F8
YVONNE M. REICH
R'y PUBLIC OFF pj;yj 1ERSEj BRIEV1LLL, PA. 75077
ff EMPIRES APRIL 5,
TELEPHONE: 4,72-227-1300
1/28/91 FC-13 F2847B12
GranularActCarbon Div
ALL SIGNATURES MUST BE NOTARIZED
AGENT FOR SERVICE OF PROCESS:
NAME: FREDERICK L. ZINGER
FIRM: HENDERSON BROTHERS, INC.
ADDRESS: 304 HICV4AN STREET
P.O. BOX #368
BRIDGEVILLE, PA. 15017
TELEPHONE: 412-221-1300
NOTICE
No substitution or revision to the above Certificate form will be accepted.
If the insurance called for is provided by more than one insurance company, a
separate Certificate in the exact above form shall be provided for each
insurance company.
Insurers must be authorized to do business and have an agent for service of
process in California. The Insurers must also have an "A" policyholder' s
rating and a financial rating of at least Class VII in accordance with the
most current Best's Insurance Rating.
END OF FORMAL CONTRACT
1/28/91 FC-14 F2847B12
GranujarActCarbon Div
` I� +�`�.-•;'7 _ € r'ti :,R '1, ISSUE DATE(?.R Fv?r D,;'.
� ':i;..!.s_1-. �„ +: 1 �:.—_� _ =_gra _
IT
r9; / /
PRODUCER THIS CERTIFICATE IS ISSUED AS A MA _R OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE.CERTIFICATE HOLIER, THIS CERTIFICATE
Henderson Brothers, Inc. ROES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
304 Hickman Street
Bridgeville, PA. 15017 COMPANIES AFFORDING COVERAGE
COMPANv A
LETTER United States FidelitU & Guaranty
_ --- —,— v COMPANY B
'INSURED LETTER
COMPANY C
Adsorption Systems, Inc. LEVER
10 East Willow Avenue COMPANY D
P.O. Box #387 LETTER ---"-- ---- -- --
Millburn, NJ 07041 COMPANv E
LETTER
'fir:..:,n�•},i,•.rrc '1 - t.�t. �'F 4~ 1'rtFi .�..L•-' i:; i-f1�~• f �''I_.+:�.':ill =
��- THIS IS TO CERTIFY THAT rt_ OF INSURANCE LISTED BELOW HAVE BEEN ISSUER TO THE;NSIJRED NAVED ASrb�F(DR THE PC;L:CY PERIOD
INDiCATE13,NOTWITHSTANDI G-AN V REQUIREMENT.TERM OR CONIAT!ON OF ANY CONtRACT OR OTHER DOC FN' �'ESPECT TO'NHICH TRIS
CERTIFICATE MAY BE ISSUED CP ,,IA PERtAIN, THE INSURANCE AT FORDED BY THE POLICIES DESCRIBED _ _�__CT TO ALL THE TERMSEXCLUSIONS AND CONDITiON-S OF SI,L,-i POLICIES.
c'FFECTIYE POLT
.LTR TYPE OE INSURANCE POLICY NUMBER ICY EXPIRAtOt3DATE tMMfDDfYY} DATE(N0AiD6 4Yt LIMITS
}
GENERAL LIABILITY I gODiL aNJF. CCC S
X COMPREHENSIVE FORM B00!0 NJ-JP' rG $
X I PHFMISESEOPERATfON`1 PROP __l D m E JCC. $ -- ---
UNDERGROUND f PROPER � C.t -AC'E AGO. $
EXPLOSION&COLLAPSE-' RD � --__--
X (PRODUCrSfCOMPLETE[3 a-�_ Bl8 PL, _'11E3,.EC SCC $ --
g�� CONTRAcruAL SMP103851836 3123191 3123192 ---R' P�cC`'R_"ED C
J X�INDEPENDENT CONTRAC,- �_ C (PER .AL t•`l; l A- 1,000,000,
-
&'B4ALi FORM PRUPERIY CiA:,.ACE
X I PERSONAL INJURY
AUTOMOBILE LIABILITY �
XXJI ANY AUTO
ALL OWNED AU70S{Pri ,_
tttFF4 ALL OWNED AUTO, t Ot e ',_^ !per
A HIRED A1AB30028639300 3/23/91 3/23/92 -- -� —�—-"""
AUTOS
PROPEP•iY'_AM`:G--E 3
X NON-OWNED AUTOS
t i BODILY
GARAGE LlAB!_TY
PROPERTY_,AMACS a 1,000,000.
COMBI-NED
EXCESS LIABILITY EACH OCCURRENCE ° s 2 A COQ
JMBRELLA FORM RGGRE AEE $ 000,000,
A X
OTHER 1'NAN UMBRELLA Ort! SMP103851836 3/23/91 3/23/91
S'AF,;TURLiWTS
WORKER'S COMPENSATION
G EACH ACC' ENI S
AND — — —---
6
EMPLOYERS*LIABILITY
� �3tSE.x--Ea _aPt.C•�'EIFI$ -- -
OTHER
DESCRIPTION OF OPERATIONS;LOCA TION&',ESICLEStSPECIAL ITEMS
Certificate holder is included as additional insured.
- - •is• .�.��•;._ U `i.i- - � • - --..i
— -�:- 4_- ;r..V I iT �' —•1 _ -- _ _ _ ,�- � _ �'_- , }' 'II�I.�.'l.:Ill _ - _—_ __ — -- -
- -- -•-• -- SHO'JL D A£NY WJE T=HE ABOVE DESCCRIBEO - ---�ES dP 'AINCCFLLED BEFC>RF
City of Redlands EXPIRATION GATE THEREOF, THE [SSE _ E,,DEAVOi'. TC.
Municipal Utilities Dept. 'M,A�L 30 DAYS;Ira€TTEN NOTICF T_ THE _ N TLUER NAMED TC:THE
2 East Citrus, P.O. BOX #3005 LEFT" BUT FAILURE FO MA'L SUCH N(_17IC.F S- POST NO OBLIGA.T=,3N OR
Redlands, California 92373 LSABU ITY OF ANY KIND UPON THE OR REPF4E�,;�NTAT!VES.
AtiTH,'S.RiZEII .fir{'1 4 TATWE
1
i�' orr
STATE P-0. BOX 807,SAN FRAN CISIC0. CA 94101-0807
COMPENSATION
I NSUR A,NICE
FUND CERTIFICATE OF E ° COMPENSATION INSURANCE
APRIL 5, 1991 POLICY BE 1245546-91
CERTIFICATE EXPIRES: 4/41/92
CITY OF THE REDLANDS
MUNICIPAL UTILITIES DEPT
2 EASIT CITRUS
1`0 BOX 3005
REDLANDS, CA 92373
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer narned below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon Adays'advance written notice to the employer,
0 X
We will also give you AON days'advance notice should this policy be cancelled prior to its normal expiration.
XXX
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein, Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance 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,
PRESIDENT
w
C j
0ilu
ENOORSEMENT #2065 ENTITLE-01 CERTIFICATE HOLDER'S NOTIGt EFFECTIVE 4/4/91
1S ATTACHED TO AND FORMS A PART OF THIS POLICY.
ET NDORSEMENT #0015 ENTITLED ADDiTIONAL INSURED EMPLOYER EFFECTIVE 4/4/91
IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTTTIED WAIVER EFFECTIVE VER OF SUBROGATION VE 4/4/91
I L i L I
IS ATTACHED TO AND FORMS A PART OF THIS FOL DCY.
THIRD PAkTY NAME: CTTY OF THE REDLANDS,
EMPLOYER IT,
It
ADSORPTION SYSTEMS, INC
PO BOX 387
MILBURN, NJ 0-1041
Sc 1 F 10262 (R EV, 0-86) OLD 262A
STATE P.O. BOX 807,SAN FRANCISCO,CA 94101-0807
COMPENSATION
INSURANCE
LIJI N ILEN) CERTIFICATE OF WORKS RS' COMPENSATION INSURANCE
APRIL 4, 190/1 POLICY NUMBER: 12415546-91
CERTIFICATE EXPIRES: 4/5/91-4/5/92
CITY OF REDLANDS
MUNICIPAL UTTLITIES DEPT
2 EAST, CITRUS
PO BOX 3005
L REDLANDS, CA 92373
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the empioyer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer,
We will also give you TEN days`advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein- Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance 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,
PRESIDENT
N
-T,
EMPLOYER
ADSORP-T ON SYSTEMS, INC
10 EAST WILLOW AVENUE
PO BOX 387
MTLBURN, NJ 07041
L
SCIF 10262(REV10-86) OLD 262A