Tri-Star Construction/Sewer Connections 02CITY OF LA QUINTA
CONTRACT AGREEMENT
FOR CONSTRUCTION
SEWER HOOK-UP AND ABANDON OF EXISTING SEWAGE SYSTEM
THIS AGREEMENT is made and entered into by and between the City of La Quinta,
hereinafter called the "City", and, Tri Star Construction hereinafter called the
"Contractor".
RECITALS:
A. The City desires to retain the services of the Contractor to provide services for
the construction of certain sewer hook-ups and abandon existing disposal
facilities within a special assessment district, Project 2002-02.
B. The Contractor has represented to the City that it has the expertise, experience
and qualifications to perform the services described in Paragraph A, above, and
those services which are more fully described below.
NOW THEREFORE, in consideration of the foregoing and the covenants and
agreements set forth below, the City and the Contractor mutually agree as follows:
The Contract Documents for the aforesaid project shall consist of the Notice Inviting
Bids, Instructions to bidders, Proposal, the Bidder's Declaration, the Bid Bond, the
Designation of Subcontractors, the Construction Project Reference, the Affidavit of
Non -Collusion by Contractor, the Bidder's Assurance, the Certificate of Non -
Discrimination by Contractors, the Faithful Performance Bond, the Payment Bond, the
Worker's Compensation Insurance Certificate, the Instruction for Signing Bids, Bonds
and Contracts, General Conditions, Standard Specifications, Special Provisions, and
all referenced specifications, and appendices; together with this Contract Agreement
and all required bonds, insurance certificates, permits, notices, and affidavits; and also
including any and all addenda or supplemental agreements clarifying, amending, or
extending the work contemplated as may be required to insure its completion is an
acceptable manner. All of the provisions of said Contract Documents are made a part
hereof as though fully set forth herein.
The following is a general and abbreviated description of the works of improvement:
"Sewer Hook -Up and Abandon of Existing Sewage System"
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For and in consideration of the payments and agreements to be made and performed
by the City, the Contractor agrees to furnish all materials and perform all work required
for the above -stated project in good and workmanlike manner under the direction and
to the satisfaction of the City and pursuant to and in strict accordance with the
Contract Documents and Specifications. The Contractor agrees to receive and accept
the prices set forth in the Proposal as full compensation for furnishing all materials,
performing all work, and fulfilling all obligations hereunder, with the following
additions:
1. All contractors awarded contracts with the City of La Quinta pursuant to
the California Public Contract Code provisions, who demonstrate by
documentation satisfactory to the City Manager that supplies or
equipment utilized for performance of the contract were purchased in the
City of La Quinta, shall be paid an additional amount to the contract
award equal to one percent of the purchase price of said supplies or
equipment for so long as the City is entitled to one percent of the sales
tax imposed at the time of purchase.
2. Contractors employing lower income project area residents in compliance
with Resolution No. 93-12, Section 4 on page NIB-4, shall be eligible for
a rebate credit.
Said compensation shall cover all expenses, losses, damages, and consequences
arising out of the nature of the work during its progress or prior to its acceptance
including those for well and faithfully completing the work and the whole thereof in
this manner and time specified in the aforesaid Contract Documents; also including
those arising from actions of the elements, unforeseen difficulties or obstructions
encountered in the prosecution of the work, suspension or discontinuance of the work,
and all other unknowns or risks of any description connected with the work.
The City hereby promises and agrees to employ, and does hereby employ, the
contractor to provide the materials, do the work, and fulfill the obligations according
to the terms and conditions herein contained and referred to, for the prices aforesaid,
and hereby contracts to pay the same.
The City hereby fixes the time for the commencement of said work to be within five
(5) working days from the date of the Notice to Proceed. The Contractor will, within
five (5) working days from the Notice to Proceed, complete the said work of
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improvements at each location and turn same over to the City ready for use and free
and discharged of all liens, claims and demands whatsoever. The total project shall
be completed within one hundred twenty (120) days. The provisions of Title 1
(commencing with Section 4200), Chapter 3, Division 5 of the California Government
Code, and further, the provisions of Title 15 (commencing with Section 3082), Part
4, Division 3 of the California Civil Code, are expressly made applicable to work done
under this Contract.
The Contractor may, at Contractor's sole cost and expense, substitute securities
equivalent to any monies withheld by the City to insure performance under the
Contract. Such securities shall be deposited with the City, or a state or federally
charted bank as escrow agent, who shall pay such monies to the contractor upon
satisfactory completion of the contract. Such securities, if deposited, will be valued
by the City, whose decision on valuation of the securities shall be final. The
Contractor shall be the beneficial owner of any securities substituted for monies
withheld and shall receive any accrued interest thereon. Securities eligible for
investment shall include those listed in Government Code Section 16430 and
Government Code Section 4590. No such substitution shall be accepted until the
escrow agreement, letter of credit, form of security and any other document related
to said substitution is reviewed and found acceptable by the City's attorney.
As required by Sections 1770 et. seq. of the California Labor Code, the Contractor
shall pay not less than the prevailing rate of per diem wages as determined by the
Director of the California Department of Industrial Relations. Copies of such prevailing
rate of per diem wages are on file in the office of the City Clerk of La Quinta, which
copies shall be made available to any interested party on request. The City shall also
cause a copy of the determination of the Director of the prevailing rate of per diem
wages to be posted at each job site.
None of the appointed or elected officials, officers, employees or agent, of the City
shall be liable for any portion of the expense of work aforesaid, and such costs and
expenses are limited obligation of the City, payable solely from the funds specifically
described herein.
It is agreed by the parties to the Contract that time is of the essence; and that in the
case all of the work is not completed before or upon the expiration of the time limit set
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forth, damages will be sustained by the City and it is, therefore, agreed that the
Contractor will pay to the City as damages the amount of the actual damage, as
determined, due to the failure to complete the work in the time agreed upon. In
addition, the City shall have the right to charge to the Contractor and to deduct from
payments for the work the actual cost to the City of inspection, superintendence, and
other overhead expenses, which are directly chargeable to the Contract and which
accrue during the period of such delay, except that the cost of final inspection and
preparation of the final estimate shall not be included in such charges. The expenses
and damages described above shall be deducted from any money due the Contractor
under this Contract; the Contractor and his sureties shall be liable for any such excess
cost.
The Contractor acknowledges the provisions of the California Labor Code requiring
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 certifies
compliance with such provisions. Limits shall be not less that those specified in the
insurance requirements contained in the General Conditions of the Contract
Documents.
With respect to performance of work under this Contract, the Contractor shall maintain
and shall require all of its subcontractors to maintain insurance as required in the
General Conditions of the Contract Documents.
The Contractor shall comply with the indemnification requirements of the General
Conditions of the Contract Documents.
This Contract is not assignable nor is the performance of either party's duties
delegable without the prior written consent of the other party. Any attempted or
purported assignment or delegation of any of the rights or obligations of either party
without the prior written consent of the other shall be void and of no force and effect.
In any action brought to declare the rights granted herein or to enforce any of the
terms of this Contract, the prevailing party shall be entitled to an award of reasonable
attorney's fees in an amount determined by the court.
CA-4
The Contractor shall not discriminate in the hiring of employees or in the employment
of subcontractors on any basis prohibited by law.
The Contractor is and shall at all times remain as to the City, a wholly independent
contractor. Neither the city nor any of its agents shall have control of the conduct of
the Contractor or any of the Contractor's employees, except as herein set forth. The
Contractor shall not at any time or in any manner represent that it or any of its agents
or employees are in any manner agents or employees of the City.
All notices and communications shall be sent to the parties at the following addresses:
CITY:
Building and Safety Department
CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, California 92253
CONTRACTOR:
The Contractor affirms that the signatures, titles, and seals set forth hereinafter in
execution of this Contract Agreement represent all individuals, firm members, partners,
joint venturers, and/or corporate officers having a principal interest herein.
This Contract supersedes any and all other agreements, either oral or written, between
the parties and contains all of the covenants and agreements between the parties
pertaining to the works of improvement described in paragraph A of the Recitals
hereinabove. Each party to this Contract acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any
party or anyone acting on behalf of any party, which are not embodied herein, and that
any other agreement, statements or promise not contained in this Contract shall not
be valid or binding. Any modification of this Contract will be effective only if signed
by the party to be charged.
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IN WITNESS WHEREOF the parties have executed this Agreement as of the dates
stated below.
Dated:
ATTEST:
JU . GREEK, City Clerk
APPROVED AS TO FORM:
r
M. KATHERINE JENSON, y Attorney
Dated:
CITY OF LA QUINTA
a California Municir)e
By:
Ira
orporation
, Mayor
CONTRACTOR: T�1 SrAlz
By•
Signature
Printed Name
(O wLNIS
Title
(If a corporation, affix seal)
CA-6
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of La Quinta, hereinafter referred to as the "City", has
awarded to T_9M — 5S719A Cc4v s'r�euc-t-/ur✓
hereinafter designated as the "Principal", a contractor for the construction of "Building
Sewer Hook-ups and Abandon Existing Facilities";
AND WHEREAS, said Principal is required under the terms of said contract to furnish
a bond guaranteeing the faithful performance of said Contract.
NOW, THEREFORE, we, T2z s z C;� J lWa Ln vAJ
as Principal, and
are held firmly bound unto the City in the sum of as Surety,
Dollars ($ ),
this amount being not less than one hundred percent (100%) of the total contract
price, lawful money of the United State of America, to be paid to the City, its
successors and assigns, for payment of which sum well and truly to be made we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded
Principal, its heirs, executors, administrators, 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 alternation thereof
made as therein provided on its 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 shall indemnify and save harmless the City, its officers, and agents, or
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, the said
Surety will pay a reasonable attorney's fee to the "City" in an amount to be fixed by
the court.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
amendment, change, extension of time, alteration or addition to said contract, and of
any feature or item or items of performance required therein or thereunder, shall in any
way affect its obligations on or under this bond, and said Surety does hereby waive
notice of any such amendment, change, or extension of time, alteration or addition to
said contract, and of any feature or item or items of performance required therein or
thereunder.
FPB-1
No premature payment by the City to said Principal shall exonerate and Surety unless
the City Council of La Quinta shall have actual notice that such payment is premature
at the time it is ordered by the City; and than only to the extent that such payment
shall result in loss to such Surety, but in no event more than the amount of such
premature payment.
IN WITNE S WHEREOF, we have hereunto set our hands and seals on this
day of , 200 2
n/et,_ sue" err.
rincipal *
BY.
Surety*
BY:
* Provide PRINCIPAL/SURETY name, address and telephone number and the name,
title, address and telephone number for authorized representative. Power of Attorney
must be attached.
Subscribed and sworn to this U day of 5�4nel�n
b� ,
20Q ;;k—.
DEANMeRtJly;
C"MkWM 1P i3o, sas
Rim Courdy
Comm X Zoos
FPB-2
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of La Quinta, hereinafter referred to as the "City", has
awarded to jc2�� �®.J r �,S,�-, v�
as Contractor, a contract for the construction of certain building sewer hook-ups and
abandon existing facilities.
AND WHEREAS, said Contractor is required to furnish a bond in connection with
said contract, to secure the payment of claims of laborers, mechanics, materialpersons
and other persons, as provided by law;
NOW THEREFORE, we, the undersigned Contractor and Surety, are held firmly
bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred
percent (100%) of the total contract price, lawful money of the United States of
America, for payment of which sum 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 said Contractor, its
heirs, executors, administrators, successors, assigns or subcontractors fails to pay for
any materials, provisions, provender or other supplies, or teams, equipment,
implements, trucks, machinery or power used in, upon for or about the performance
of the work contracted to be done or shall fail to pay any of the persons named in Civil
Code Section 3181, or amounts due under the Unemployment Insurance Code with
respect to work or labor performed by any such claimant under the contract, or any
amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the Contractor and its
subcontractors pursuant to Section 13010 of the Unemployment Insurance Code, with
respect to such work and labor, then the Surety or Sureties herein will pay for the
same in an amount not exceeding the sum specified in this bond, otherwise the above
obligation shall be void. In case suit is brought upon this bond, the said Surety will
pay a reasonable attorney's fee to the plaintiffs) and City in an amount to be fixed by
the court.
This bond is executed pursuant to the provisions of Title 15 (commencing with
Section 3082), Part 4, Division 3 of the California Civil Code and this bond shall insure
to the benefit of any of the persons or their assigns in any suit brought upon this bond.
No premature payment by the City to said Principal shall exonerate any Surety unless
the City Council of La Quinta shall have actual notice that such payment is premature
at the time it is ordered by the City; and then only to the extent that such payment
shall result in loss to such surety, but in no event more than the amount of such
premature payment.
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Further, said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or modification of said Contract, and of any feature or
item or items of performance required therein or thereunder shall in any way affect its
obligations on or under this bond, and said Surety does hereby waive notice of any
such amendment change, extension of time, alteration or addition to said contract, and
of any feature or item or items of performance required thereon or thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this
day of , 20
Principal*
BY:
Surety*
BY:
* Provide PRINCIPAL/SURETY name, address and telephone number and the name,
title, address and telephone number for authorized representative. Power of Attorney
must be attached.
Subscribed and sworn to this day of
20
NOTARY PUBLIC
PB-2
TO: CITY OF LA QUINTA
RE: PERFORMANCE OF WORK FOR BUILDING SEWER HOOK-UPS AND ABANDON
EXISTING FACILITIES
I am aware of the provisions of Section 3700 of the labor code which requires
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that Code, and I
will comply with such provisions before commending the performance of the
work of the Contract.
DATE: R . 0 z-
CONTRAC OR
BY -
Si l�
gnat re
(lU ),SEi,
Title
INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS
CORPORATIONS
Give the name of Corporation.
Signatures: President or Vice -President and Secretary or
Assistant Secretary
Affix corporate seal and notary's acknowledgment.
Others may sign for the corporation if a certified copy of a resolution of the
corporate board of directors authorizing them to do so is furnished.
PARTNERSHIP
Signatures: All members of partnership. One may sign if copy of authorization
is furnished.
Affix notary's acknowledgment.
JOINT VENTURES
Give the names of the joint venturers.
Signatures: All joint venturers. One may sign if copy of authorization is
furnished.
INDIVIDUALS
Signatures: The individual.
Affix notary's acknowledgment.
Another may sign for the individual if certified power -of -attorney authorizing the
other person to sign is furnished.
FICTITIOUS NAMES
Show fictitious names.
Satisfy all pertinent requirements shown above.
BONDS
In addition to all pertinent requirements above, give signature of Attorney in Fact
and apply Surety's seal.
IFS-1
NOTICE TO CONTRACTOR TO ENTER INTO CONTRACT
TO: lei STqg C_CNsT2U C"6A
(NAME OF CONTRACTOR)
YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you by the City of
La Quinta (hereinafter referred to as the "City") for
BUILDING SEWER HOOK-UPS AND ABANDON EXISTING FACILITIES
in the CITY OF LA QUINTA, STATE OF CALIFORNIA. The Contract for said work is
on file in the office of the City Clerk, and further, you are hereby required within five
(5) working days after this Notice to enter into a Contract with said City for the doing
of said work and to furnish therewith a Bond for Faithful Performance in a sum equal
to one hundred 0 00%) of the Contract price, and also a Payment Bond, as required
by law, in the sum of one hundred (100%) of the Contract price.
DATED this day of , 20
CITY CLERK
CITY OF LA QUINTA
STATE OF CALIFORNIA
NTC-1
GENERAL CONDITIONS
BUILDING SEWER HOOK-UP AND ABANDON EXISTING FACILITIES
1. SPECIFICATIONS
The Specifications for Building Sewer Hook-ups shall be the 1998 Edition of the
California Plumbing Code for this project. All work shall conform to the C.P.C.
Specifications, these General Conditions, the Special Provisions and Detailed
Specifications which supplement or modify the Specifications.
2. DEFINITIONS
"City of La Quinta", the "Contractor", and the "Contract Documents" are
identified in the Contract. The "City of La Quinta" and the "Contractor" include their
authorized representatives and are treated throughout as if each were singular in
number and neuter in gender. "Contractor" includes its surety. Whenever in the
Specifications and Contract Documents the following terms are used, they shall be
understood to mean and refer to the following:
(a) AGENCY The City of La Quinta, California and/or the City
Of La Quinta Redevelopment Agency
(b) BOARD The City Council of the City of La Quinta and/or the
Directors of the City of La Quinta Redevelopment Agency
(c) ENGINEER Refers to the Director of Public Works/City Engineer, or the
Director of Building and Safety and includes his authorized
representatives
3. ENGINEER
The Engineer shall act as the City's representative during the construction
period. He shall determine the amount, quality, acceptability and fitness of parts of
the work and interpret the Contract Documents. The Engineer will make visits to the
site and determine if the work is proceeding in accordance with the Contract
Documents. No act or omission of the Engineer shall relieve the Contractor of the duty
to proceed with the work in strict conformity with the Contract Documents.
Upon request, the Engineer shall reduce to writing any oral order, objection,
requirement or determination. Whenever the Engineer's approval is required, it shall
be in writing only.
All communications to the City by the Contractor shall be via the Engineer.
GC-1
No work shall be performed on site other than during normal working hours
without the knowledge and consent of the Engineer. The Contractor shall hand deliver
written notification to the Engineer twenty-four (24) hours prior to any non -emergency
overtime, weekend or holiday operations and obtain the Engineer's written
authorization. The sum of the City inspector's pay for inspection of overtime weekend
or holiday work performed will be deducted from any monies due to the Contractor.
Overtime is defined as work in excess of 8 hours per day.
The Contractor, and not the Engineer, will be responsible for the construction
means, controls, techniques, sequences, procedures, and construction safety.
4. SITE INSPECTION - EFFECT OF OTHER IMPROVEMENTS SHOWN AND
CONTRACT PROCEDURE
Elsewhere in the Contract Documents reference may be made graphically,
descriptively or both graphically and descriptively, to the existence or possible
existence of other improvements affecting the ,site and the prosecution of the work
such as surface and subsurface utilities, drainage ditches and courses, building,
fencing, retaining walls, roadways, curbs, trees, shrubs, and similar matters. Such
matters are included to be used by the Contractor to the extent it deems appropriate.
However, it is expressly understood and agreed:
A. Showing or describing such items does not mean that it is an exhaustive
and complete presentation and that as to matters shown or described that they
necessarily exist and no responsibility is assumed by the City as to their exact location.
The Contractor shall be responsible for locating and protecting all utilities during the
course of the work. The Contractor is to notify utility companies 48 hours prior to
start of construction.
B. All graphic presentations are schematic only unless the contrary is clearly
set out elsewhere as to a particular matter.
C. All improvements of the nature above described --whether elsewhere show
or described or not --shall, unless the contrary is elsewhere specifically directed, remain
in place, undisturbed and suitably protected during the course of the work.
Whenever during the course of the work a subsurface improvement is
discovered which the Contractor believes is unknown to the City, it shall immediately
so inform the Engineer. Except as elsewhere provided, whenever in the course of the
work it becomes apparent that the work cannot proceed without the destruction or
relocation of any improvement, whether shown or described, the Contractor shall
immediately cease work affecting such improvements and notify the Engineer as to
such circumstances and await instructions as to how to proceed.
GC-2
D. Prior to the start of any excavation, the Contractor shall coordinate its
work with all utility companies having services in the area and shall request that they
mark all their locations on the ground. The Contractor shall be required to cooperate
fully with all utility forces or forces of other public agencies engaged in relocation,
lowering, altering, or otherwise rearranging any facilities interfacing with the progress
of work or installing any facilities thereon.
The Contractor will also be required to cooperate fully with any city, county or
state forces working on or near the project, or requiring access to the work in the
performance of their duties.
This paragraph will serve as notice to the Contractor that the other contractors
will be working at the site. The Contractor shall afford other contractors reasonable
opportunity for the delivery and storage of their materials and the execution of their
work and shall properly coordinate his work with theirs.
Should construction be underway by other forces or by other contractors within
or adjacent to the limits of work or in the vicinity of the work to be done under this
Contract, the Contractor shall so conduct his operations as to interfere to the least
possible extent with the work of such other forces or contractors.
Any differences or conflicts which may arise between the Contractor and any
other forces or contractors, creating delays or hindrance to each other,, shall be
adjusted as determined by the Engineer.
5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS
At his expense the Contractor shall:
A. Take every precaution against injuries to persons or damage to property.
B. Comply with regulations governing the use of the property. The
Contractor shall furnish the City with a copy of written permission from the property
owner to the Contractor to use private property for any storage of materials,
equipment or debris.
C. Store and suitably protect its apparatus, equipment, materials, and
supplies in an orderly fashion on site.
D. Place on the work only such loads as are consistent with the safety of the
work.
E. Effect all cutting, fitting, or patching of its work required to make it
conform to the Specifications and interrelated with other improvements but, except
with the consent of the Engineer, shall not cut or otherwise alter existing
improvements.
GC-3
F. Protect and preserve established bench marks and monuments, make no
changes in the location of such without the prior written approval of the City, replace
and relocate any of them which may be lost or destroyed or which require shifting
because of necessary changes in grades or locations. All replacement and relocation
work shall be accomplished only after approval of the City and under the direct
supervision and instructions of the Engineer.
G. Before final payment remove all surplus material, false work, temporary
structures, debris, and similar matters resulting from its operation from the site and to
put the site in an orderly condition.
H. Construct, operate and maintain all passageways, guard fences, lights,
barricades and other facilities required for protection by state or municipal laws and
regulations and local conditions during the course of Ithe work.
I. Guard the City's property from injury or loss.
J. Take all reasonable precautions for dust and noise control and generally
conduct operations so as not to constitute a nuisance.
K. The Contractor shall be responsible for the protection of existing signs,
fences, asphalt pavement, concrete curb, and gutter and other highway facilities which
may be encountered in the roadway. The replacement or repair of any facilities which
the City deems necessary as a result of the Contractor's operations shall be done by
the Contractor at its own expense and to the satisfaction of the City.
6. CHANGES IN THE WORK
The City shall have the right to make any reasonable changes in the work
determined to be necessary or expedient. In case such changes increase or diminish
the work shown, the Contractor shall be paid for the work actually done at a mutually
agreed upon adjustment to the Contract price, based upon the accepted Bid Proposal
or according to the provisions of Paragraph 7. The Contractor shall not be entitled to
extra payment, nor shall any claim be made on account of anticipated profits on the
work that may be omitted.
7. CHANGES IN THE CONTRACT PRICES
Whenever corrections, alterations, or modifications of the work under this
Contract are ordered by the Engineer and approved by the City and increase the
amount of work to be done, such added work shall be known as extra work; and when
such corrections, alterations, or modifications decrease the amount of work to be
done, such subtracted work shall be known' as work omitted.
GC-4
The difference in cost of the work affected by such change will be added
to or deducted from the amount of said Contract price, as the case may be, by a fair
and reasonable valuation, which shall be determined in one or more of the following
ways:
(a)
By agreed lump sum
(b)
By agreed unit prices
(c)
By Force Account
If neither (a) nor (b) methods can be agreed upon and the Contractor receives
a written order to make such changes, the Contractor shall be compensated by Force
Account for his actual necessary costs, including labor, material, and equipment rental,
as determined by the Engineer, plus a negotiated fixed fee for profit and such overhead
items as home and branch office expenses, general expenses, general superintendence
and superintendence, indirect labor, and licenses. The negotiated fixed fee shall not
exceed fifteen percent (15%) of actual necessary direct costs.
In addition to the actual cost of labor, the amount due the Contractor shall
include the cost of compensation insurance, contributions made to the State as
required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes
of 1935, as amended; and for taxes paid the Federal Government, as required by the
Social Security Act, approved August 14, 1935, as amended to date, plus other
payments the Contractor must make to, or on behalf of, the workers.
For the use of the equipment owned by the Contractor, the rental rates therefore
shall be based upon the current prices prevailing in the locality, not to exceed the rates
promulgated by the California (State) Department of Transportation in effect at the
time the work was performed.
It is understood that labor, materials, and equipment may be furnished by the
Contractor, or by the subcontractor, or by others on behalf of the Contractor. When
the work is performed by other than the Contractor's organization, the Contractor shall
reach an agreement with such other forces as to the distribution of payments made
for such, and no additional payment therefor will be made.
When Force Account work is performed by a bona fide and approved
subcontractor, the negotiated fixed fee markup is limited to ten percent (10%) for the
subcontractor, and give percent (5%) for the prime Contractor, on the performing
subcontractor's actual costs, and no markup will be allowed for any intermediary
subcontractor between the performing subcontractor and the prime Contractor.
All labor furnished on Force Account work shall be adjusted daily upon report
sheets, furnished by the Contractor and signed by both parties, which daily report
sheets shall thereafter be considered the true record of Force Account labor provided.
GC-5
In order that a proper estimate may be made by the Engineer of the net cost of
labor and materials entered into force account work, in accordance with the procedure
hereinbefore stated, the Contract shall furnish weekly an itemized statement of
materials and labor supplied together with the cost of such material and the wages
paid, and shall furnish vouchers for quantities and prices of such labor, material, or
work. In case the Contractor fails to comply with the above provisions, he shall have
no claim for compensation.
The City reserves the right to contract with any person or firm other than the
Contractor for any or all extra work. The Contractor's attention is especially called to
the fact that he shall be entitled to no claim for damages for anticipated profits of any
portions of work that may be awarded to others.
When the Contractor considers that any changes ordered involve extra work
which the Engineer has not recognized as such, he shall immediately notify the
Engineer in writing as to when and where alleged extra work is to be performed. If the
Engineer directs by written order that the alleged extra work be performed, the
Contractor shall comply, and shall make claim for compensation therefor each month
not later than the 20th day of the month during which the work claimed to be extra
work was performed, and he shall submit a weekly complete statement of materials
used and expenses incurred on account of extra work performed, showing allocation
of all materials and expenses. All such claims shall state the date of the Engineer's
written order.
Unless such notification is made in writing and unless complete statements of
materials used and expenses incurred on account of such alleged extra work are
furnished as above required, the Contractor shall not be entitled to consideration for
payment for alleged extra work, and any future claims for compensation for such
alleged extra work shall be invalidated.
8. FINAL INSPECTION - NOTICE OF COMPLETION
When the Work is ready for final inspection, the City will cause the work
to be inspected and subject to such tests as are deemed required for the purpose of
determining if the work is completed in every respect.
Upon acceptance of the Work, the City shall issue a Notice of Acceptance
to the Contractor and a Notice of Completion will be recorded.
As between the parties, the recordation of the Notice of Completion,
unless recorded because of a cessation of labor, means only that the time for final
payment and the commencement of the guarantee period begins.
9. GUARANTEE
The Contractor shall warrant and guarantee all materials and equipment
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furnished and Work performed for a period of one (1) year from the date of Notice of
Completion and that the completed project is free from all defects due to faulty
materials or workmanship. The Contractor shall promptly make such corrections
without cost to the City and in accordance with the Engineer's direction as may be
necessary by reason of such defects including the repairs of any damage to other parts
of the project resulting from such defects. The City will give notice of observed
defects with reasonable promptness. In the event that the Contractor should fail to
make such repairs or adjustments or perform other work that may be made necessary
because of such defects, the City may make such repairs or adjustments or perform
other work and charge the Contractor the cost thereby incurred. The Faithful
Performance Bond shall remain in full force and effect through the guarantee period.
10. CITY'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT
The City, without prejudice to such other right, remedy or relief it may be
entitled to, may by giving a 24 hours notice to the Contractor, terminate the
employment of the Contractor and its right to proceed, if:
A. The Contractor shall be adjudged bankrupt or make an assignment for the
benefit of creditors.
B. A receiver or liquidator is appointed for the Contractor or any of its
property.
C. The Contractor shall refuse or fail after Notice of Warning from the City
by the Engineer to supply sufficient properly skilled workmen or suitable materials.
D. The Contractor fails to prosecute the work with such diligence as will
insure its completion within the stipulated time period.
E. The Contractor shall fail to make payments to persons applying labor or
materials for the work.
F. The Contractor does not comply with applicable law or instructions of the
Engineer.
G. The Contractor is otherwise guilty of a substantial violation of any
provision of the Contract Documents.
The City's right to terminate may be for the entire work, or at the City's
option, as to any portion thereof as to which delay shall have occurred or breach or
miscompliance related, and may thereupon take possession Qf the entire Work or
portion thereof. In such case, the Contractor shall not be entitled to receive any
further payment until the work is finished. If the unpaid balance shall exceed the
expense of completion, and other damage, expense or loss of the City occasioned by
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the Contractor's failure to properly perform, such excess shall be paid by the
Contractor. If such expense and damage exceeds the unpaid balance, the Contractor
is liable to the City for the excess. If the City elects to proceed under this Section, it
may take possession of and utilize in completing the work such materials, supplies,
plant and equipment on site which may be necessary or convenient for the purpose of
completing the work. The City is expressly granted the right --acting via an engineer
or otherwise --to operate equipment and machinery on site for the purpose of
determining whether it has a basis for proceeding under this Section.
A decision by the City not to proceed under this Section does not constitute a
waiver by the City of any right it might from time to time have against the Contractor
under the Contract Documents.
11. PAYMENT AND MONTHLY ESTIMATES
The Contractor shall begin work within 5 working days after the City
issued the Notice to Proceed and once having started work, complete the work within
5 working days from the Notice to Proceed. The total project shall be completed
within ONE HUNDRED TWENTY (120) days. The time allowed for completion includes
an allowance for working time list due to legal holidays and normal inclement weather.
At least ten (10) days before each progress payment falls due (but not
more often than once a month), the Contractor will submit the Contractor covering the
work performed during the period covered by the partial payment estimate and
supported by such data as the Engineer may reasonably require. The Engineer will,
within ten (10) days after receipt of each partial payment estimate either indicate in
writing his approval of payment or present the partial payment estimate to the
Contractor indicating in writing his reasons for refusing to approve payment. In the
latter case, the Contractor may make the necessary corrections and resubmit the
partial payment estimate. The City shall retain ten (10) percent of the amount of each
payment until final completion and acceptance of all work covered by the Contract
Documents.
The Contractor may, at Contractor's sole cost and expense, substitute securities
equivalent to any monies withheld by the City to insure performance under the
Contract. Such securities shall be deposited with the City, or a state or federally
chartered bank escrow agent, who shall pay such monies to the Contractor upon
satisfactory completion of the Contract. Such securities, if deposited by the
Contractor, shall be valued by the City whose decision on valuation of the securities
shall be final. The Contractor shall be the beneficial owner of any securities
substituted for monies withheld and shall receive any accrued interest thereon.
Securities eligible for investment shall include those listed in Government Code Section
116430 or Government Code Section 4590. No such substitution shall be accepted
until the escrow agreement, letter of credit, form of security and any other document
related to said substitution is reviewed and found acceptable by the City's attorney.
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12. FAILURE TO COMPLETE THE WORK IN THE TIME AGREED UPON
It is agreed by the parties to the Contract that time is of the essence; and
that in the case all the work is not completed before or upon the expiration of the time
limit set forth, damage will be sustained by the City and it is, therefore, agreed that
the Contractor will pay to the City as damages the amount of the actual damage as
determined, due to the failure to complete the work in the time agreed upon. In
addition, the City shall have the right to charge to the Contractor and to deduct from
payments for the work the actual cost to the City of engineering, inspection,
superintendence, and other overhead expenses, which are directly chargeable to the
Contract and which accrue during the period of such delay, except that the cost of
final surveys and preparation of the final estimate shall not be included in such
charges. The expenses and damages described above shall be deducted from any
money due the Contractor under this Contract; the Contractor and his sureties shall
be liable for any such excess cost.
The Contractor shall not be deemed in breach of its Contract and no forfeiture
due to delay shall be made because of any delays in the completion of the work due
to unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, provbided the Contractor requests an extension of time in writing.
Unforeseeable causes of delay beyond the control of Contractor shall include acts of
God, acts of a public enemy, acts of the government, or acts of another contractor in
the quarantine restrictions, strikes, freight embargoes, and weather, or delays causes
by failure of the City or the owner of a utility to provide for removal or relocation of
existing utility facilities. Delays causes by actions or neglect of the Contractor or its
agents, servants, employees, officers, subcontractors, directors, or of any part
contracting to perform part or all of the work or to supply any equipment or materials
shall not be excusable delays. Excusable delays (those beyond Contractor's control)
shall not entitle the Contractor to any additional compensation. The sole remedy of
the contractor shall be to seek an extension of time.
13. FINAL PAYMENT
Within thirty-five (35) days after the completion of the work and its
acceptance by the City, the engineer will make a proposed final estimate in writing of
the quantities of work done under the Contract and the value of such work and will
submit such estimate to the Contractor. Within thirty-five (35) days thereafter, the
Contractor shall submit to the Engineer its written approval of said proposed final
estimate for written statement of all claims which it has for additional compensation
claimed to be due under the Contract.
On the Contractor's approval, or if it files no claims within said period of
thirty five (35) days, the Engineer will issue a final written estimate as submitted to
the Contractor and the City shall pay the sum found due thereon after deducting all
prior payments and all amounts to be kept and investigate the Contractor's claims and
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shall make such revisions in the said estimate as he may find to be due, and shall than
make the amount so found due after deducting all previous payments and amount to
be retained under the Contract.
All prior partial estimates and payments shall be subject to correction in
the final estimate and payment.
The final estimate shall be conclusive and binding against both parties to
the Contract on all questions relating to the performance of the Contract and the
amount of work done thereunder and compensation therefor, except in the case of
gross error. Acceptance of final payment constitutes a release of the City by the
Contractor from all claims which are undisputed relating to the work.
Any payment, however, final or otherwise, shall not release the
Contractor or his sureties from any obligation under the Contract Documents or the
Faithful Performance Bond and Payment Bond.
14. CLAIMS
The Contractor will indemnify and hold harmless the City and its
consultants, agents and employees from and against all claims, damages, losses and
expenses, direct, indirect or consequential (including but not limited to fees and
charges of architects, engineers', attorneys, and other professionals and court and
arbitration costs) the lawful demand of subcontractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment tools, and
supplies, incurred in the furtherance of the performance of the work. The Contractor
shall, at the City's request, furnish satisfactory evidence that all obligations of the
nature designated above have been paid, discharged, or waived. If the Contractor fails
to do so, the City may, after having notified the Contractor, either pay unpaid bills or
withhold from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until satisfactory evidence
is furnished that all liabilities have been fully discharged, whereupon payment to the
Contractor shall be resumed, in accordance with the terms of the Contract Documents,
but in no event shall the provisions of this sentence be constructed to impose any
obligations upon the City to either the Contractor, its Surety, or any third party. In
paying any unpaid bills of the Contractor, any payment so made by the City shall be
considered as a payment made under the Contract Documents by the City to the
Contractor and the City shall not be liable to the Contractor for any such payment
made in good faith.
15. DOCUMENTS OF CONTRACTOR
Upon demand, the Contractor shall make available to the City all
documents in its possession relevant to the Work accomplished or to be accomplished
or any demand or claim of the Contractor as to the City. This includes copies of
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documents sent by the Contractor to others relevant to the Work. The Contractor
shall further make available to the City conformed copies of all documents submitted
to the sureties who executed indemnification made to such surety by others for such
purpose. The Contractor shall maintain in its possession all documents relative to the
work for three years after Notice of Completion.
16. PROJECT SAFETY AND RESPONSIBILITY OF CONTRACTOR TO ACT IN
AN EMERGENCY
The Contractor shall take all responsible precautions for the safety of, and
shall provide all reasonable protection to prevent damage, injury or loss to:
A. All employees on the work and all other persons and organization who
may be affected thereby.
B. All the work and all materials and equipment to be incorporated therein,
whether in storage on or off the site, under the care, custody or control of the
Contractor of any of its subcontractors or sub -subcontractors.
C. Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structure and utilities not designated for removal,
relocation or replacement in the course of construction.
D. Vehicular and pedestrian traffic on or near the project site. These
requirements shall apply continuously and not be limited to normal working hours.
The Contractor shall give all notice and comply with all applicable laws,
ordinances, rules, regulations and lawful orders of any public authority bearing on the
safety of persons or property or their protection from damage, injury or loss. Except
where otherwise expressly required by applicable laws, the City shall not be
responsible for monitoring the Contractor's compliance with any laws or regulations.
The Contractor shall erect and maintain, as required by existing conditions
and progress of the Work, all reasonable safeguards for safety and protection,
including posting danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent utilities.
Full compensation for the work involved in carrying out the safety
precautions shall be considered as included in the various items of work and no
additional payment will be made therefor.
In case of any emergency which threatens loss or injury to property or
life, the Contractor shall act without previous instructions as the situation may
warrant. The Contractor shall notify the Engineer immediately thereafter. Any
compensation for emergency work claimed by the Contractor, together with
substantiating documentation, shall be submitted to the City via the Engineer.
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17. LABOR CODE
Reference is made to Chapter 1, Part 7, Division 2 of the California Labor
Code (commencing with Section 1720). By this reference, said Chapter 1 is
incorporated herein with like effect as if it were her set forth in full. The parties
recognize that said Chapter 1 deals, among other things, with discrimination, penalties
and forfeitures, their disposition and enforcement, wages, working hours, and securing
workers' compensation insurance and Chapter 1 directly affects the method of
prosecution of the work by the Contractor and subjects it under certain conditions to
penalties and forfeitures.
A. Eight -Hour Law: Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day's work, and the time of service
of any worker employed on the work shall be limited and restricted to eight hours
during any one calendar day, and forty hours in any one calendar week, except when
payment for overtime is made at not less than one and one-half the basic rate for all
hours worked in excess of eight hours per day. The Contractor shall forfeit to the City
as a penalty, twenty-five dollars ($25) for each worker employed in the execution of
the Contract by the Contractor, or by any subcontractor, for each calendar day during
which such workman is required or permitted to work more than eight hours in any
one calendar day and forty hours in any one calendar week without such compensation
for overtime in violation of the provisions of said Labor Code.
B. Prevailing Rates of Wages: As indicated in the Notice Inviting Bids,
the City has obtained from the Director of the California Department of Industrial
Relations and general prevailing rate of per diem wages and the general prevailing rate
for holiday and overtime work in the locality in which the work is to be performed for
each craft, classification, or type of worker needed to execute the Contract, a copy
of which is hereby incorporated by reference. Copies of the prevailing rates of per
diem wages are on file in City's office and are available to any interested party.
The Contractor shall forfeit to the City, as a penalty, twenty-five
dollars($25.00) for each calendar day, or a portion thereof, for each worker paid less
than the per diem wage for any work done under the Contract by the Contractor or by
a subcontractor under the Contractor in violation of the provisions of the California
Labor Code. It is hereby stipulated by and between the City and the Contractor that
the Contractor will comply with provisions of Section 1775 of the California Labor
Code. The term "per diem wages" shall be deemed to include employer payments for
health and welfare, pension, vacation, travel time and subsistence payment as
provided for in Section 1773.8 of the California Labor Code, apprenticeship or other
training programs authorized by Section 3093, and similar purposes to be paid to each
worker performing work under the Contract.
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The Contractor and each subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week and the actual per diem
wages paid to each journeyman, apprentice or worker employed by the Contractor.
Such payroll records shall be certified and shall be available for inspection at all
reasonable hours at the principal office of the Contractor on the following basis:
(a) A certified copy of an employee's payroll record shall be made available
for inspection or furnished upon request to a representative of the City, for Division of
Labor Standards Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations.
(b) A certified copy of all such payroll records shall be made available for
inspection or furnished upon request to a representative of the City, the Division of
Labor Standards Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations.
(c) A certified copy of all such payroll records shall be made available upon
request by the public for inspection or copies thereof made; provided, however, that
a request by the public shall be made through either the City, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the
requested payroll records have not been provided pursuant to paragraph (b), the
requesting party shall, prior to being provided the records, reimburse the costs of
preparation by the Contractor, subcontractors, and the entity through which the
request was made. The public shall not be given access to the records at the principal
office of the Contractor.
Each Contractor shall file a certified copy of such records with the entity
that requested the records within 10 days after receipt of a written request.
Any copy of records made available for inspection as copies and furnished
upon request to the public or any public agency by the City, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be
marked or obliterated in such a manner as to prevent disclosure of an individual's
name, address, and social security number. The name and address of the Contractor
awarded the Contract or performing the Contract shall not be marked or obliterated.
The Contractor shall inform the City of the location of the records
enumerated above including the street address, city and county, and shall, within 5
working days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this Section, the
Contractor shall have 10 days in. which to comply subsequent to receipt of written
notice specifying in what respects the Contractor must comply with this Section.
Should noncompliance still be evident after the 10-day period, the Contractor shall, as
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a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon a request
of the Division of Apprenticeship Standards or the Division of Labor Standards
Enforcement, these penalties shall be withheld from progress payments then due.
Responsibility for compliance with these paragraphs lies with the Contractor.
C. Mandatory Certification of the Contractor and Employment of
Apprentices: This Contract shall not prevent the employment of properly registered
apprentices in accordance with the California Labor Code, and no employer or labor
union shall refuse to accept otherwise qualified employees as registered apprentices
on the work performed hereunder solely on the grounds of race, religious creed,
national origin, ancestry, color, age or sex, except as provided in Section 3077, of
such employee. Every qualified apprentice shall be paid the standard wage paid to
apprentices under the regulations of the craft or trade in which he or she is employed,
and shall be employed only in the craft or trade to which he or she is registered.
If California Labor Code Section 1777.5 applies to the Contract work, the
Contractor and any subcontractor hereunder who employ workers in any
apprenticeable craft or trade shall apply to the joint apprenticeship committee
administering the apprenticeship standards of the craft or trade in the area of the site
of the work for a certificate approving the Contractor or subcontractor under the
apprenticeship standards for the employment and training of apprentices in the area
of industry affected; provided however, that the approval as established by the joint
apprenticeship committee or committees shall be subject to the approval of the
Administrator of Apprenticeship. Upon issuance of this certificate, the Contractor and
journeymen provided for therein, as well as contribute to the fund to administer the
apprenticeship program in each craft or trade in the area of the work hereunder.
The parties expressly understand that the responsibility for compliance
with this Section 18 and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with the Contractor
hereunder.
In accordance with the Labor Code Section 1773.3, the City will send
notice of the award of this Contract to the Division of Apprenticeship Standards within
five days after award, if the Contract is awarded to a General Contractor in the amount
of at least $30,000 and involves at least twenty (20) working days, or the Contract
is awarded to a Specialty Contractor in the amount of at least $2,000 and involves at
least five (5) working days.
18. SUPERVISION BY CONTRACTOR
The Contractor will supervise and direct the work competently and
efficiently, devoting such attention thereto and applying such skills and expertise as
may be necessary to perform the work in accordance with the Contract Documents.
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The Contractor will be solely responsible for the means, methods, techniques,
sequences and procedures of construction. The Contractor shall be responsible to see
that the finished Work complies accurately with the Contract Documents. The
Contractor will employ and maintain on the work site a qualified supervisor or
superintendent who shall have been designated in writing by the Contractor as the
Contractor's representative at the site. The supervisor shall have full authority to act
on behalf of the Contractor and all communications given to the supervisor shall be as
binding as if given to the Contractor. The supervisor shall be present on the work site
at all times as required to perform adequate supervision and coordination of the Work.
The Contractor shall not change job supervisor without written approval of the
Engineer. Full compensation for conforming to the requirements of this Section shall
be considered included in the Contract prices paid for the various items of work and
no additional compensation shall be allowed therefor.
19. ALTERNATIVE METHODS OF CONSTRUCTION
Whenever the Specifications and Special Provisions provide that more
than one method of construction or more than one specified type of construction
equipment may be used to perform portions of the work and such specifications or
Special Provisions leave the selection of the method of construction or the type of
equipment to be used up to the Contractor, it is understood that the City does not
guarantee that every such method of construction or type of equipment can be
successfully used throughout all or any part of any project. It shall be the Contractor's
responsibility to select and use the alternative or alternatives which will satisfactorily
perform the work under the conditions encountered. In the event some of the
alternatives on any project or equipment specified cannot be utilized, the Contractor
shall be responsible for completing the work in a satisfactory and workmanlike manner
to provide the intended service and full compensation for any additional cost involved
shall be considered as included in the Contract price paid for the item of work involved
and no additional compensation will be allowed therefor.
20. PROJECT APPEARANCE
The Contractor shall maintain a neat appearance of the work.
In the area visible to the public, the following shall apply:
When practicable, broken concrete and debris developed during clearing
and grubbing shall be disposed of concurrently with its removal.
All compensation for conforming to the provisions in this Section not
otherwise provided for shall be considered as included in prices paid for the various
Contract items of work involved and no additional compensation will be allowed
therefor.
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21 . INSURANCE - HOLD HARMLESS
The Contractor shall, before the commencement of work herein specified,
procure and maintain in full force and effect during the life of the Contract, at its sole
expense, insurance as described below:
(a) Worker's compensation insurance with statutory limits, and
employer's liability insurance with limits of not less than $1,000,000 per accident.
(b) Comprehensive general liability insurance with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
products/completed operations liability, owner's and contractor's protective, blanked
contractual liability, personal injury liability, broad form property damage coverage and
explosion, collapse and underground hazard coverage. Such insurance shall (a) name
the City, the Coachella Valley Water District and their appointed and elected officials,
officers, employees, agents and Design Engineer as insureds; and-(b) by primary with
respect to any insurance or self-insurance programs maintained by the City; and (c)
contain standard cross liability provisions.
(c) Comprehensive automobile liability insurance with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
Indemnity Provisions: Nothwithstanding the existence of insurance coverage
required of the Contractor pursuant to this Contract, the Contractor shall save, keep,
indemnify, hold harmless, and defend the City and the Coachella Valley Water District
and their appointed and elected officials, officers, employees, agents and the Design
Engineer, from every claim or demand made and every liability, loss, damage or
expense of any nature whatsoever and all costs or expenses incurred in connection
therewith, which arise at any time, by reason of damage to the property of, or
personal injury to, any person, occurring or arising out of the performance of the
Contractor, its officers, agents or employees, including but not limited to, its
subcontractors (hereinafter collectively "Contractor"), of the work required pursuant
to this Contract occasioned by any alleged or actual negligent or wrongful act or
omission by the Contractor, including any such liability imposed by reason of any
infringement or alleged infringement of rights of any person or persons, firm or
corporation, in consequence of the use in the performance of the Contractor of the
work hereunder of any article or material supplied or installed pursuant to this
Contract.
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1 . The Contractor will defend any action or actions filed in connection with
any of said claims, damages, penalties, obligations or liabilities and will pay all costs
and expenses, including attorney's fees incurred in connection herewith;
2. The Contractor will promptly pay any judgment rendered against the City,
and/or the Coachella Valley Water District, their officers, employees, agents or Design
Engineer for any such claims, damages, penalties, obligations or liabilities; and,
3. In the event the City, and/or the Coachella Valley Water District, their
officers, employees, agents or Design Engineer is made a party to any action or
proceeding filed or prosecuted against the Contractor for such damages or other claims
arising out of or in connection with the sole negligence or wrongful acts of the
Contractor hereunder, the Contractor agrees to pay the City, its officers, agents, or
employees, any and all costs and expenses incurred by the City, and/or the Coachella
Valley Water District,' their officers, employees, agents or Design Engineer in such
action or proceeding, including but not limited to, reasonable attorneys' fees.
Evidence of Insurance: Properly executed Certificates of Insurance, or
appropriate insurance binders, evidencing the above insurance coverage with a
company acceptable to the City, shall be submitted to the City prior to execution of
this Contract on behalf of the City. An endorsement to the policy or policies naming
the City, and the Coachella Valley Water District, their appointed and elected officials,
officers, employees and agents, including but not limited to, the Design Engineer, as
insureds shall accompany the Certificates of Insurance.
Notice to the City, Insurance Coverage Change: The terms of the
insurance policy or policies issued to provide the above insurance coverage shall
provide that said insurance may not be amended or cancelled by the carrier, for non-
payment of premiums or otherwise, without thirty (30) days prior written notice of
amendment of cancellation to the City. In the event the said insurance is cancelled,
the Contractor shall, prior to the cancellation date, submit to the City new evidence
of insurance in the amounts heretofore established.
The Contractor shall required and verify similar insurance on the part of
its subcontractors.
If the Contractor, for any reason, fails to maintain insurance coverage as
is required, pursuant to the Contract, the same shall be deemed a material breach of
contract. The City, at its sole option, may forthwith terminate the Contract and obtain
damages from the Contractor resulting from said breach. Alternatively, the City may
purchase such required insurance coverage and without further notice to the
Contractor, the City may deduct from sums due to the Contractor any premium costs
advanced by the City for such insurance.
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22. EQUAL EMPLOYMENT OPPORTUNITY
General: The Contractor shall not discriminate in its recruiting, hiring,
promotion, demotion or termination practices on the basis of race, religious creed,
color, national origin, ancestry, sex, age, physical handicap, medical condition, or
marital status in the performance of this Contract and shall comply with the provisions
of the California Fair Employment and Housing Act (commencing with Section 12900
of the Government Code), Federal Executive Order No. 11246 (30 Federal Register
12319), as amended, and all administrative rules and regulations issued pursuant to
said Acts and Order. See particularly 41 Code of Federal Regulation (CFR) Chapter 60.
The Contractor shall require each of its subcontractors to comply with the
preceding paragraph and shall include in each subcontract language similar to the
preceding paragraph.
Each bidder shall submit with the bid proposal a fully executed Certificate
of Non -Discrimination by Contractors. Bids will not be considered unless accompanied
by the completed Certificate.
A. Transaction of $10,000 or Under
1. Contracts and subcontracts not exceeding $10,000 are exempt
from the requirements of this clause.
2. No Contractor or subcontractor shall procure supplies and/or
services in less than usual quantities to avoid applicability of the Equal Opportunity
Clause. With respect to contracts and subcontracts for indefinite quantities, the Equal
Opportunity Clause shall apply unless it is determined by the City that the amount to
be ordered in any one year under such contract reasonably will be expected not to
exceed $10,000.
B. Transactions in Excess of $10,000, but less than $50,000
1. Each prime contractor shall certify that it has in effect an
affirmative action plan and agrees to comply with all state and federal laws and
regulations concerning Fair Employment Practices.
2. The Contractor shall maintain a written copy of its affirmative
action plan and will furnish a copy to the City upon request by the City. The City
reserves the right, during the life of this Contract, to require the Contractor to
complete an affirmative action compliance report furnished by the City setting definite
goals and timetables and indicating progress in meeting the goals.
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C. Transactions of $50,000 or More
1. Each prime contractor who have fifty or more employees and a
contract of $50,000 or more shall develop and submit to the City within thirty days
of award a written affirmative action compliance program including definite goals and
timetables with proposed dates of compliance. The prime contractor shall make, as
a condition of its subcontract, the same requirement of each subcontract who has fifty
or more employees and a subcontract of $50,000 or more. Each contractor shall
include in its affirmative action compliance program a complete table of its employees'
job classifications. This table must include, but need to be limited to, job titles, duties
and rates of pay.
D. The Contractor agrees that it will permit access to its records or
employment advertisement, application forms and other pertinent data and records by
the City or its designee and any state or federal agency having jurisdiction for the
purposes of investigation to ascertain compliance with the Fair Employment Practices
section of this Contract.
E. The City shall have the right to assign an affirmative action representative
to monitory the conduct of the Contractor and subcontractors under this Contract.
The affirmative action representative shall have the right to enter the construction or
manufacturing site for the purpose of obtaining information from persons performing
work on the project, providing such inspection shall not in any way interfere with the
progress of the work under the Contract.
GC-19
SPECIAL PROVISIONS
It is the intent of these Specifications that the provisions of all sections
included, shall apply, unless otherwise specified in this section, in which case, the
Special Provisions of this section shall have precedence over those specified in other
parts of these Specifications. It is also the intent that the 1998 edition of the
California Plumbing Code shall be the specification for the City of La Quinta.
Each sewer hook-up and abandonment of existing facility in the Bidding
Schedule will be awarded to the qualifying contractor with the lowest acceptable bid.
(Except in the case of preferences per Resolution RA 93-12 page NIB-4)
However, the City reserves the right to increase or decrease or totally
delete any portion of the Work.
Should the City elect to increase or decrease the scope of work, the unit
prices of the remaining work to be awarded shall remain at the unit prices as submitted
in the proposal. Such deletion or addition of work shall in no way effect the balance
of the unit costs in the proposal.
Timely completion of the work from the date that the work is started is
of great importance. It is imperative that the work is completed in a workmanlike
manner within the days allotted for each building sewer hook-up and abandoning the
existing sewer disposal facility.
No more than four (4) building sewer hook-up and abandonment of
existing facilities shall be in process at any one time and taken through final
completion before starting another by any one contractor.
Any building shall not be without sanitary sewer service for more than
two (2) hours in any one day period.
The time schedule to complete one complete sewer hook-up and to
abandon existing facilities from start to finish shall be 5 working days. The total
project shall be completed within ONE HUNDRED TWENTY (120) days.
A 48 hour notice must be given to each individual building owner and/or
SP-1
tenant to coordinate the work to be done.
On private property, construction operations shall be performed during the
hours from 8:00 A.M. to 5:00 P.M., Monday through Friday.
Work shall be prohibited any time on Sundays or City or Federal holidays.
Other events which may restrict the working operation are: Bob Hope Desert Classic,
La Quinta Jazz Festival and the La Quinta Arts Festival.
- �61 d xZ1
None but competent foreman and workers shall be employed on work
requiring special qualifications; and when required by the Engineer, the Contractor shall
remove from the work any person who in the opinion of the Engineer is, disorderly,
dangerous, insubordinate, incompetent or otherwise objectionable. Such removal shall
not be the basis of any claim for compensation or damages against the Engineer, the
City, or any of its officers or representatives.
.1 -A-
Work included in this item shall consist of furnishing all the labor and
material for the complete installation of sanitary sewer hook-up and abandonment of
existing disposal facilities, in accordance with the applicable provisions of the
California Plumbing Code 1998 edition.
It shall be the Contractor's responsibility to excavate, furnish and place
Schedule 40 A.B.S. sewer pipe, wyes, clean -outs and fittings, locate and establish
grade for the proper connection between to sewer lateral and the existing building
drain, per Chapter 11 of the C.P.C.
A two way clean -out shall be installed at the connection to the existing
building drain and brought to the ground surface and capped. Special attention is
directed to Section 409 of the C.P.C. requirements for backwater valve and access
box shall be complied with when conditions so warrant.
It shall be the contractor's responsibility to locate, excavate, pump,
backfill and compact the existing sewage facilities, in accordance with Chapter 7, and
Appendix K, Section K-1 1 "Abandoned Sewers and Sewage Disposal Facilities" of the
C.P.C. the required material for backfilling shall be fill sand. All the above shall be
done to the satisfaction of the Director of Building and Safety.
SP-2
All trenches, excavation, disposal pits and septic tanks which are opened
shall be backfilled at the end of each working day.
Full compensation for complying with the requirement of these
Specifications shall be at a price per each entire sewer hook-up and abandonment of
existing sewage facility, indicated by parcel and street address.
The Contractor shall be responsible for the protection of public and private
property adjacent to the work and shall exercise due caution to avoid damage to such
property. The Contractor shall repair or replace all existing improvements which are
not designated for removal when damaged or removed as a result of this operation.
Repairs and replacement shall be at least equal to existing improvements, and shall
match them in finish and dimension.
Trees, lawns, shrubbery, sprinklers, rock landscaping, walls, fences,
gates, concrete driveways, brick, stone and asphalt improvements that are not to be
removed shall be protected from damage or injury. If damaged or removed because
of the Contractor's operations, they shall be restored or replaced in as nearly the
original condition and location as is reasonably possible.
C. Access
The Contract shall provide and maintain reasonable access by individual
property owners to their property.
During the performance of all work under this Contract, the Contractor
shall be responsible for dust contract and shall furnish all labor, equipment required to
carry out proper and efficient measures wherever and whenever dust control is
necessary to prevent his operations from producing dust damage and nuisance to
persons and property. Any claims resulting from dust damage or nuisance shall be
borne solely by the Contractor.
The City will provide the location of the end of new sewer lateral at the
property line. It will be the Contractor's responsibility to ascertain the location and
depth of the existing building drain line and sewage disposal system. The Contractor
will also be responsible for establishing the most effective line and proper grade to
construct the building sewer line hook-up.
SP- 3
11 1 •1111IRMTOMM
The Contractor shall obtain permits for all work on private property from
the Department of Building and Safety. The City Redevelopment Agency shall obtain
necessary rits from Coachella Valley Water District. Any cost associated with
such permits shall be included in the bid price and no additional payment shall be
allowed.
The Contractor shall obtain all necessary permits as required by the City
Engineer, to haul, dump and/or provide fill of any materials generated from the work
of this contract. In addition to the requirements of these provisions, permits may
include conditions specific to the nature of the haul, dump or fill being permitted.
Licenses - The Contractor shall obtain and pay all costs incurred for
licenses necessitated by his operations. Prior to starting any work, the Contractor
shall obtain a City of La Quinta Business Tax Registration valid for the life of the
Contract; his subcontractors shall each obtain a Business Tax Registration valid for the
time they are engaged in work.
All surplus material shall become the property of the Contractor. It shall
be disposed of at a legally acceptable disposal site furnished by the Contractor and
hauled on a route approved by the Engineer. Payment for surplus materials shall be
considered as included in the various contract items of work and no additional
compensation will be made therefore.
•� •�KWGT11-�
Before the start of construction, the City will arrange to meet with the
prime Contractor to discuss the requirements on such matters as project supervisions,
on -site inspection, progress, schedules and reports, payments to Contractor, safety
and other items pertinent to the project. At this conference, all parties should be
prepared to discuss any anticipated problems.
1. Compaction tests will be provided by the City. The number of
tests, the locations and depth shall be determined by the Engineer. The Contractor
shall make all necessary excavations for compaction tests and shall refill and
recompact the excavations.
2. Observation of the Work and field tests will be performed by the
City to assist the Contractor in establishing a method of obtaining the required percent
relative compaction and the proper moisture content.
SP-4
r
3. Where a series of tests are performed on material compacted by
the same method, satisfactory results are indicated when no more than one test of any
consecutive three falls below the specified percent relative compaction and that test
is not over four percentage points below.
SP-5
IMPROVEMENTS
AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
— Ua� F_� F I v Glln_N5 being first duly sworn, deposes and says:
That he is
i
(insert "Sole Owner", "Partner", or other proper name)
Tl o\j
(insert name of bidder or other proper title)
herewith to the City of La Quinta a Proposal:
That all statements of fact in such Proposal are true;
who submits
That such Proposal was not made in the interest of or on behalf of any undisclosed
person, partnership, company, association or corporation;
That such Proposal is genuine and not collusive or sham;
That such bidder has not, directly or indirectly, by agreement, communication or
conference with anyone attempted to induce action prejudicial to the interest of the
City of La Quinta, or of any other bidder or anyone else interested in the proposed
Contract; and further,
That prior to the public opening and reading of the Proposal, said bidder:
a. Did not, directly or indirectly, induce or solicit anyone else to submit a false or
sham proposal.
b. Did not, directly or indirectly, collude, conspire, connive or agree with anyone
else that said bidder or anyone else would submit a false or sham proposal, or
that anyone should refrain from bidding or withdraw his proposal.
C. Did not, in any manner, directly or indirectly, seek by agreements,
communications, or conference with anyone to raise or fix any overhead, profit,
or cost element of this proposal.
P-8
d. Did not, directly, or indirectly, submit his proposal price or any breakdown
thereof, or the contents thereof, or divulge information or data relative thereto,
to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, or to any individual or group of
individuals, except to the City of La Quinta or to any person or persons who
have partnership or other financial interest with said bidder in his business.
e. That no councilmember, officer, agent or employee of the City of La Quinta, is
personally interested, directly or indirectly, in this Contract, or the compensation
to be paid hereunder; that no representation, oral or in writing, of the City
Council, its officers, agents or employees, had induced him to enter into this
Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms.
Subscribed and sworn to me before me this YAday of OCAQ ��Y'
20 0_
INary Publ in and for said County d
o
JESSYANN PERRY
1D COMM. #1350A08 (�
NOTARY PUBW CALlFORNIA —1
m My Comm+• &pI2
BY -
(Title)
BOND: 827405P
PREMIUM: $1,044 _
EXECUTED IN DUPLICATE PRMPAISFMCOWROCTTERM
FAITHFUL PERFORMAN F a SA�CONFIMLCAM J3,SU&jECT ONT�M TMENTT
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of La Quinta, hereinafter referred to as the "City", has
awarded to LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY
hereinafter designated as the "Principal", a contractor for the construction of "Building
Sewer Hook-ups and Abandon Existing Facilities";
AND WHEREAS, said Principal is required under the terms of said contract to furnish
a bond guaranteeing the faithful performance of said Contract.
NOW, THEREFORE, we,
LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY
INDEMNITY COMPANY OF CALIFORNIA
, as Principal, and
as Surety,
are held firmly bound unto the City in the sum of FIFTY TWO THOUSAND TWO HUNDRED
Dollars ($ 52,200.00 )
this amount being not less than one hundred percent (100%) of the total contract
price, lawful money of the United State of America, to be paid to the City, its
successors and assigns, for payment of which sum well and truly to be made we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded
Principal, its heirs, executors, administrators, 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 alternation thereof
made as therein provided on its 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 shall indemnify and save harmless the City, its officers, and agents, or
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, the said
Surety will pay a reasonable attorney's fee to the "City" in an amount to be fixed by
the court.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
amendment, change, extension of time, alteration or addition to said contract, and of
any feature or item or items of performance required therein or thereunder, shall in any
way affect its obligations on or under this bond, and said Surety does hereby waive
notice of any such amendment, change, or extension of time, alteration or addition to
said contract, and of any feature or item or items of performance required therein or
thereunder.
FPB-1
No premature payment by the City to said Principal shall exonerate and Surety unless
the City Council of La Quinta shall have actual notice that such payment is premature
at the time it is ordered by the City; and than only to the extent that such payment
shall result in loss to such Surety, but in no event more than the amount of such
premature payment.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 18TH
day of OCTOBER 2002
LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY
Principal
B
INDEMNITY COMPANY OF CALIFORNIA
Surety* 17780 FITCH, IRVINE, CA 92614 (800) 782-
1546
B
S. �MITH&BO , ATTORNEY -I -FA 1
* Provide PRINCIPAL/SURETY name, address and telephone number and the name,
title, address and telephone number for authorized representative. Power of Attorney
must be attached.
Ux� (�-A 3. bwey\5b
Subscribed and sworn to this day of
20 b a .
NOTARY PUBLIC
=JESSYANINPERRYtD m
FPB-2
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On I ® j V �— before me,
PERSONALLYAPPEARED S. SMITH -BOWMAN
SS.
DANETTEJACOBS
personally known to ma (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that heIshe/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
�'`�`� OANETTE .iACOBB
] _ Commission f 1951a16
Notary Public - CaNfbmia
San Diego Couety
Aly Cortrn. Exiras Apr 16, 20111111111
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL l.a't'K--Y 07. � nn���b A' �
❑ CORPORATE OFFICER ,�1ySZUC Dl`i W -
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEES)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
NUMBER OF PAGES
10,�1D�r_
DATE OF DOCUMENT
OTHER THAN NAMED ABOVE
ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT
BOND: 827405P
EXECUTED IN DUPLICATE PREMIUM: included in performance
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of La Quinta, hereinafter referred to as the "City", has
awarded to LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY
as Contractor, a contract for the construction of certain building sewer hook-ups and
abandon existing facilities.
AND WHEREAS, said Contractor is required to furnish a bond in connection with
said contract, to secure the payment of claims of laborers, mechanics, materialpersons
and other persons, as provided by law;
NOW THEREFORE, we, the undersigned Contractor and Surety, are held firmly
bound unto the City in the sum Of FIFTY TWO THOUSAND TWO HUNDRED
Dollars ($ 52,200.00 ) this amount being not less than one hundred
percent (100%) of the total contract price, lawful money of the United States of
America, for payment of which sum 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 said Contractor, its
heirs, executors, administrators, successors, assigns or subcontractors fails to pay for
any materials, provisions, provender or other supplies, or teams, equipment,
implements, trucks, machinery or power used in, upon for or about the performance
of the work contracted to be done or shall fail to pay any of the persons named in Civil
Code Section 3181, or amounts due under the Unemployment Insurance Code with
respect to work or labor performed by any such claimant under the contract, or any
amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the Contractor and its
subcontractors pursuant to Section 13010 of the Unemployment Insurance Code, with
respect to such work and labor, then the Surety or Sureties herein will pay for the
same in an amount not exceeding the sum specified in this bond, otherwise the above
obligation shall be void. In case suit is brought upon this bond, the said Surety will
pay a reasonable attorney's fee to the plaintiffs) and City in an amount to be fixed by
the court.
This bond is executed pursuant to the provisions of Title 15 (commencing with
Section 3082), Part 4, Division 3 of the California Civil Code and this bond shall insure
to the benefit of any of the persons or their assigns in any suit brought upon this bond.
No premature payment by the City to said Principal shall exonerate any Surety unless
the City Council of La Quinta shall have actual notice that such payment is premature
at the time it is ordered by the City; and then only to the extent that such payment
shall result in loss to such surety, but in no event more than the amount of such
premature payment.
PB-1
Further, said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or modification of said Contract, and of any feature or
item or items of performance required therein or thereunder shall in any way affect its
obligations on or under this bond, and said Surety does hereby waive notice of any
such amendment change, extension of time, alteration or addition to said contract, and
of any feature or item or items of performance required thereon or thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 18TH
day of OCTOBER , 2002
LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY
Principal*
BY
IT COMPANY OF CALIFORNIA ~
17780 FITCH, IRVINE, CA 92614 (800) 782-1.546
Surety*
By;�
. S H-BOWMAN, TORNEY-IN-FACT
* Provide PRINCIPAUSURETY name, address and telephone number and the name,
title, address and telephone number for authorized representative. Power of Attorney
must be attached.
LA�( f � JSubscred and sworn to this day of DC,
20.
NOTARY PUBLIdj"14 �T
JESSYANN PERRY
COMM.#1350408
NOTARY PUBLIC CALIROffi1A
m RIVERSIDE COUNTY a1
My t,_, Expkes AprN 9. 2008
�
PB-2
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ) before me,
PERSONALLY APPEARED S. SMITH -BOWMAN
SS.
DANETTEJACOBS
personally known to me (or proved to me on the basis of satisfactory
evidence) to e t e person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature Whp"'�
OPTIONAL
NDA ET TE JACOBS
Commission#13519111
Notary Public- CaN wft
San Dipo Couift
Illy Comm. Expires Mr 16, 2ooe
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El',,
INDIVIDUAL 4 I. W ms d%-. Ari S+P-p.
❑ CORPORATE OFFICER ejo�omo J CO .
TITLE OF TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER THAN NAMED ABOVE
ID-1232 (REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Danette Jacobs, Rajan Patel, Steven R. Bonilla, S. Smith -Bowman, D. Kohl, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to he done in
connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said
Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute
Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship:
and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney:
RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile• and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8ih day of January, 2(H)2.
AN,.. ""'
David H. Rhodes, Executive Vice President POR4� OPPOR,9 C
CT 5
1 a E o
w
1 936 � 1967
0 2
By.Walter A. Crowell, Secretary �O' %�OW P••'*�aa��,' c�Z/FOFra\P a\
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January 8, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersons acted. executed the instrument.
WITNESS my hand and official seal.
Signature
CERTIFICATE
ANTONIO ALVARADO
p COMM. # 1300303
p
Notary Public - California
3 ,r
ORANGE COUNTY
fl
My Comm. Expires APRIL 10, 2005
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the I8Tx day of OCTOBER 2002
�•
By _ 1 zcl=
David G. Lane, Chief Operating Officer
ID-1380 (01/02)
Oct 15 02 10:14a Tri Star
7602515458 p.2
1 � s A
rA O r
LICENSE NUMBER BOND NUMBER
i 41S515 s9558i
TRI-STAR COVSTRUCT10fl COAPANY
i ID EXPIRATION DATE 06130J2003
Slate of Cardomic
t bin ACTIVE
STATf LICENSE BOARD
ACTIVE LICENSE
1imst gain 475515 E* INDIV
i Ae mwo TRI-STAR CONSTRUCTION COMPANY
�i
rmrn*)A B HIC
i [-*i-D*06/30i2003
Oct 15 02 10:14a Tri Star
7602515458 p.3
BUSINESS LICENSE CERTIFICATE NONTRANSFERABLE
CITY OF LA QUINTA
The Licensee named herein having paid to the City of La Oulnta all fees required, linen: a is herby granted said Licensee to transact the
business herein set forth, for the period stated, in comforrnity wkh the Provisions of Or Rance No. 2 of this city. This License Is issued
without verification that the licensee is subject la or exempt from Iicer sing by the State of California. NUMBER
LOC: P.O. BOX 542 00762
CATHEDRAL CITY,CA 92234-
BUSINESS LICENSE ID TYPE
TRI-STAR CONSTRUCTION 1500
GENERAL CONTRACTOR
UCENSEE: TRI-STAR CONSTRUCTION
P.O. BOX 542
CATHEDRAL CITY, CA 92234-
ISSUED EXPIRES
03/14/02 03/14/03
PLEASE POST IN A
CONSPICUOUS PLACE
CONTROL NO. 12899
F 1 >
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
JUNE S. GREEK, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: June Greek
P. 0. Box 1504
78-495 Calle Tampico
La Quinta, CA 92253
DOC N 200a.0841M,
02/04/2003 08:00A Fee:NC
Page 1 of 3
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk & Recorder
1111111111111111111111111111111111111111111111111111111
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NOCOR
SMF
MISC.
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LONG
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NCHG
I EXAM
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
SEWER HOOK-UP & ABANDON OF EXISTING SEWAGE SYSTEM
PROJECT NO. 2002-02
TITLE OF DOCUMENT
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 ADDITIONAL RECORDING FEE APPLIES)
C:\MYDATA\WPDOCS\FORMS\Recorder.wpd
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DL I
Return to:
CITY CLERK
City of La Quinta
P.O. Box 1504
La Quinta, Ca. 92253
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of La Quinta, California, is a municipal corporation, organized and incorporated
pursuant to the laws of the State of California.
2. The City Clerk of the City of La Quinta is authorized and directed to execute, on behalf of
said City, any and all notices of completion.
3. The address of the City of La Quinta is City Hall, 78-495 Calle Tampico, La Quinta, California
(P.O. Box 1504, La Quinta, Calif. 92253.
4. The public work improvement - Assessment/Sewer Hook-up Subsidy Program - Project No.
2002-02, on the hereinafter referred to real property within the City was COMPLETED on the
21 " day of January, 2003.
5. The name of the contractor for such work of improvement was Tri-Star Construction.
6. The property on which said public work of improvement was completed is in the City of La
Quinta, County of Riverside, State of California, and is described as follows: Sewer Hook-up
and Abandon of Existing Sewage System.
7. The street address of said property is: Various addresses within the City (Exhibit "A").
DATED: January 21, 2003 CITY OF LA QUINTA, CALIFORNIA
BY ,L)
TITLE CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
I hereby certify that I am the City Clerk of the governing board of the City Council of the City
of La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I
make this verification; that I have read said notice, know its contents, and that the same is true.
I certify under penalty of perjury that the foregoing is true and correct.
Executed at La Quinta, California on January 22, 2003.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII e..e�2 of ee8<351196p
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J U N RE'EK, CMC, City,. lk
City of La Qyknta; 'Califorjqia:, /
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9
EXHIBIT "A"
PROJECT NO. 2002-02
Location of Addresses
ALVARADO, AVENIDA
53-685
CARRANZA, AVENIDA
51-120
ENSENADA, CALLE
77-885
GUATEMALA, CALLE
51-400
HERRERA, AVENIDA
51-865
HERRERA, AVENIDA
52-042
HERRERA, AVENIDA
53-635
JUAREZ, AVENIDA
52-390
MARTINEZ, AVENIDA
51-885
MARTINEZ, AVENIDA
52-145
MARTINEZ, AVENIDA
53-615
MENDOZA, AVENIDA
52-641
MENDOZA, AVENIDA
52-795
MENDOZA, AVENIDA
53-185
RAMIREZ, AVENIDA
52-175
RAMIREZ, AVENIDA
54-765
VALLEJO, AVENIDA
52-685
VALLEJO, AVENIDA
54-280
VELASCO, AVENIDA
51-125
VELASCO, AVENIDA
52-031
VILLA, AVENIDA
53-935
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