Skanska/Ave 58 Rehab 08SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
• corporation, herein referred to as "City," and Skanska USA Civil West California District
Inc., herein referred to as, "Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1 . Contractor shall furnish all necessary labor, material, equipment, transportation and
services for City Project No. 2007-18B, Avenue 58 Pavement Rehabilitation Improvements,
in the City of La Quinta, California pursuant to the Invitation to Bid, dated May, 2008, the
project Specifications, and Contractor's Bid, dated July 2, 2008, all of which documents
shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting
Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Bid shall be controlling, in that order of precedence. The time frame for
construction work shall be in accordance with that specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal
Code, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to Proceed
and agrees to have all work completed within 90 working days from the date of
Notification to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's
Bid, the base consideration Eight Hundred and Ninety Eight Thousand Dollars
($898,000.00). All payments shall be subject to approval by the City Engineer and shall
be in accordance with the terms, conditions, and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per
diem wages, as determined by the State of California Department of Industrial Relations
and referred to in the Invitation to Bid, to any workman employed for the work to be
performed under this contract; and the Contractor shall forfeit as a penalty to the City the
sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such
workman paid by him or by any subcontractor under him in violation of this provision
(Sections 1770-1777, Labor Code of California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of
a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost
of which shall be paid by Contractor.
1300-1
Agreement
A
8. Contractor shall defend, indemnify and hold harmless the City, its officers,
employees, representatives and agents ("Indemnified Parties"), from and against those
actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal
costs and attorneys' fees, for injury to or death of person(s), for damage to property
(including property owned by City) and for errors and omissions committed by Contractor,
its officers, employees and agents, which arise out of Contractor's negligent performance
under this Agreement, except to the extent of such loss as may be caused by City's own
negligence or that of its officers or employees. In the event the Indemnified Parties are
made a party to any action, lawsuit, or other adversarial proceeding in any way involving
such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's
option, reimburse the Indemnified Parties their costs of defense, including reasonable
attorney's fees, incurred in defense of such claim. In addition, Contractor shall be
obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties.
9. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the City satisfactory evidence of insurance of the kinds and in the
amounts provided in said Specifications. This insurance shall be kept in full force and
effect by Contractor during this entire contract and all premiums thereon shall be promptly
paid by it. Each policy shall further state that it cannot be canceled without 30 days
unconditional written notice to the City and shall name the City as an additional insured.
Contractor shall furnish evidence of having in effect, and shall maintain, Workers
Compensation Insurance coverage of not less than the statutory amount or otherwise
show a certificate of self-insurance, in accordance with the Workers Compensation laws of
the State of California. Failure to maintain the required amounts and types of coverage
throughout the duration of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer, workman, or mechanic is required or permitted to work at other
than a rate of pay provided by law for more than 8 hours in any one calendar day and 40
hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of
the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it
does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees
that a finding by the State Fair Employment Practices Commission that Contractor has
engaged during the term of this Contract in any unlawful employment practice shall be
deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated
damages for each such breach committed under this contract.
12. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an
approved program in a ratio established in the apprenticeship standards of the craft
involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who
willfully fail to comply will be denied the right to bid on public projects for a period of six
months in addition to other penalties provided by law.
Agreement 1300-2
13. This Contract shall not be assignable by Contractor without the written consent of
City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm
or corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the
right to audit and reproduce any of the Contractor records to the extent the City deems
necessary to insure it is receiving all money to which it is entitled under the contract
and/or is paying only the amounts to which Contractor is properly entitled under the
Contract or for other purposes relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least
three years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the
City for all reasonable and extra costs incurred in conducting the audit at a location other
than at City offices including, but not limited to, such additional (out of the City) expenses
for personnel, salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the
Contract Documents, each of which is by this reference made a part hereof.
DOCUMENT SIGNED IN COUNTERPART
Agreement 1300-3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated: /� C V d
"clm.
CITY OF LA QUINTA,
a California municipal corporation
By:
Thomas P. Genovese, City Manager
ATTE
Dated:
Veronica Montecino, City plbt
APPROVED AS TO FORM:
z Z4,J24-71
ity Attor hey
Dated: `' Q
"CONTRACTOR"
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
"CONTRACTOR"
(If corporation, affix seal)
Agreement 1300d
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
Dated: By:
ATTEST:
Veronica Montecino, City Clerk
APPROVED AS TO FORM:
City Attorney
Thomas P. Genovese, City Manager
"CONTRACTOR"
Skanska USA Civil West California District Inc.
AUG 0 6 2008 /� Q
By. ( �
Name: Chad Mathes
Title: Vice President -
AUG 0 6 2008
By:
Name: oseph M. No es
Title: Chief Financial Officer and Secretary/Treasurer
"CONTRACTOR"
(If corporation, affix sea[)
Agreement 1300-4
SKANSKA USA CIVIL WEST CALIFOR,�IJA DISTRICT INC.
CERTIFICATE AS TO INCUMBENCY AND AUTHORIZED SIGNATURES OF OFFICERS
The undersigned, Joseph M. Nogues, does hereby certify that he is the Sceretary/Ireasuuer of
Skanska USA Civil West California District Inc., a California corporation (the "Corporation"), and
further certifies in such capacity that:
1. The persons named below have been duly elected and qualified as, and as of the date hereof
are, officers of the Corporation, holding the respective offices set forth below, and the signatures set
forth opposite their names arc their genuine signatures:
OFFICE NAME
President Salvatore Mancini
Sr. Vice President Eric S. Taylor
Vice President Jacques S. Yeager, Jr.
Vice President Tony Baghcri
Vice President Chad A. Mathes
Chief Financial Officer and
SccrctarytTreastuer Joseph M. Nogues
2. Pursuant to the Corporation's Bylaws and certain resolutions adopted by-thb Corporation's
Board of Directors, the above officers (and any of them acting individually) have been given sufficient
authority to act on behalf of, and to bind, the Corporation and that upon execution by said person or
persons of bid documents, contracts and related documents, each such document will constitue a legally
binding and enforceable obligation of the Corporation.
3. Pursuant to the Corporation's Bylaws the undersigned has the power and authority to execute
this certificate on behalf of the Corporation and that he has so executed this certificate and set the seal of
the Corporation on this 29th day of December, 2006.
Jo p M. ogues
cre /Tre suer
Bond No. 105120672
Premium Amount: $6,466.00
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the
City, has, on July 15, 2008, awarded to Skanska USA Civil West California District Inc.,
hereinafter designated as the Principal, a Contract for City Project No. 2007-18B, Avenue
58 Pavement Rehabilitation Improvements, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a
bond for the faithful performance of said Contract:
Travelers Casualty and
NOW, THEREFORE, we, the Principal, and surecv comaaa., of America as
Surety, are held and firmly bound unto the City in the just and full amount of Eight
Hundred and Ninety Fight Thousand Dollars 1$896,000.00) lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and faithfully perform the covenants, conditions, and
agreements in the said contract and any alterations made as therein provided, on his or
their part to be kept and performed, at the time and in the manner therein specified, and in
all respects according to their true intent and meaning, and shall Indemnify and save
harmless, the City, its officers and agents as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and virtue.'
It is acknowledged that the Contract provides for one-year guarantee period, during
which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition to the terms of the Contract or to the
work to be performed thereunder or the specifications accompanying the same shall, in any
way, affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration, or addition to the terms of the Contract or to the
work or to the specifications. Said Surety hereby waives the provisions of Sections 2819
and 2845 of the Civil Code of the State of California.
Fala hd F'edon ae Bond 1310-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their Corporate seals this 1st
day of August , 2008, the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Skanska USA Civil West California District Inc.
Principal
(Seal)
Sign for Principal _
Chad Mathes, Vice President
Title of Signatory
Travelers Casualty and Surety Company of America
Surety
(Seal)
Signature for Surety
Matthew Kelly „ Attorney -in -Fact _
Title of Signatory
Construction Services, Travelers Bond & Financial Products One Tower Square, Hartford, CT 06183
Address of Surety
(860)277-0111
Phone # of Surety
Thomas Schlomann
Contact Person for Surety
FaBhhdPerfv m nce Bond 13f0-2
ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On August 6, 2008, before me,
Irene C. Rumbaugh Notary Public,
personally appeared Chad Mathes ,
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed
to the within instrument and acknowledged to me
IRENE C. RUMBAUGH
that he executed the same in his authorized capacity,
COMM. # 1751617
NOTARY PUBLIC - CALIFORNIAX
and that by his signature on the instrument the
SAN BERNARDINO COUNTY
person, or the entity upon behalf of which the person
My Comm. Expires June 18, 2011
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS
,myy`'hand and official seal..
SignaturefNo '
OPTIONAL
Though the information below is
not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
torm to another document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond
Document Date: August 1, 2008 Number
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Chad Mathes
❑ Individual
® Corporate Officer
Title(s): Vice President
Partner - ❑ Limited ❑ General
Attomey-in-Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Skanska USA Civil West
California District Inc.
RIGHT THUMEPROIT
OF SIGNER
TOP OF THUMB HERE
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
I
removal and reattachment of this
Partner - ❑ Limited ❑ General
Attomey-in-Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
TOP OF THUMB HERE
POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 219836 Certificate No. U O G 4 5 J O 8 3
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SC Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Michael Sheehan, Matthew Kelly, Ian McCormick, and Geoffrey R. Green
of the City of Fremont , State of California , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other wrings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Coman�$ have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of June „
Farmington Casualty Company _
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
23rd
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
24I.4UgllI $niFly ®r'(i�-�
sC""i
0.1=.1
�in �^rKIM=` �92%E AL jo L;QJ .P`r+ S vas
State of Connecticut
City of Hartford ss.
By:
Georg Thompson, emar we Resident
On this the 23rd day of June 2008 before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Memory Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
o.rEr
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011. f p��`ps
`n wk C . j ftwea� �S
Marie C. Tetreault, Notary Public
58440-5-07 Printed in U.S.A
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Cbmpany, l; iidelny
and Guaramy Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-m-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall he valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc , Seaboard Surety Company, St. Paul Fire and Marme Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety C' mpany.of America, and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a tine and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been
revoked. -
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Compames this 1ST day of ArtSrrSt , 20 08.
> - Kori M. JohansclulAssistant Secretary
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact as at www tmvelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
STATE OF CALIFORNIA
ss.
COUNTY OF ALAMEDA
On August 1, 2008, before me, Julia Grimes, Notary Public, personally
appeared Matthew Kelly, who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JULIA GRIMES
Camm1331on # 1713129
< ,-r Notary Public • California £
Alameda County
Comm. Dec 3f),2070
JuIL4 Grimes, N ary Public - alifornia
(Seal)
Description of Attached Document:
Skanska USA Civil West California District Inc.
City of La Quinta
City Project No. 2007-18B, Avenue 58 Pavement Rehabilitation
Improvements
Performance Bond
Bond No. 105120672
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the
City, has on July 15, 2008, awarded to Skanske USA Civil West California District Inc.,
hereinafter designated as the Principal, a Contract for City Project No. 2007-1813, Avenue
58 Pavement Rehabilitation Improvements.
WHEREAS, said Principal is required to furnish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay
for any materials, provisions, or other supplies used in, upon, for, or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, the
Surety of this bond will pay the same to -the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and ==a-==.=s C..u.J=r ,.a s====Y =o�.., of e21C8, as
Surety, are held and firmly bound unto the City in the just and full amount of Eight
Hundred and Ninety Fight Thousand Dollars ($898,000.00) lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators,. and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said, Principal, it or its
heirs, executors; administrators, successors, or assigns, shall fail to pay for any materials,
provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor thereon of any kind or for amount due
under the Unemployment Insurance Act with respect to such work or labor, or for any
amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation
Code of the State of California with respect to such work or labor, then said surety will
pay the same in or to an amount not exceeding the amount hereinabove set forth, and also
will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City
as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and
corporations named in Section 3181 of the Civil Code of the State of California so as to
give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition of the terms of the Contract or to the
work to be performed thereunder or the specifications accompanying the same shall, in any
way, affect its obligations of this bond, and it does hereby waive notice of any change,
extension of time, alteration, or addition to the terms of the contract or to the work or to
the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845
of the Civil Code of the State of California.
payment Bond 1320-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their _ Corporate seals this 1st
day of August 2008, the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Skanska USA Civil West California District Inc.
Principal
(Seal)
Signatu�cipal --
Chad Mathes, Vice President
Title of Signatory
Travelers Casualty and Surety Company of America
Surety
(Seal)
Signature orforf Surety
Matthew Kelly, Attorney -in -Fact
Title of Signatory
Construction Services, Travelers Bond & Financial Products
One Tower Square, Hartford, CT 06183
Address of Surety
(860)277-0111
Phone # of Surety
Thomas Schlomann
Contact Person for Surety
Peym t Bard r320-2
State of California
County of Riverside
On August 6, 2008, before me,
Irene C. Rumbaugh Notary Public,
personally appeared Chad Mathes ,
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed
to the within instrument and acknowledged to me
IRENE C. RUMBAUGH1
that he executed the same in his authorized capacity,
COMM. # 1751617 i
and that by his signature on the instrument the
NOTARY PUBLIC - CALIFORNUIC—
person, or the entity upon behalf of which the person
SAN BERNARDINO COUNTY
My Comm. Expires June 18, 2011,
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
u
Signature of Notary Public
OPTIONAL
Though the information below is
not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this
`orm to another document
Description of Attached Document
Title or Type of Document: Payment Bond
Document Date: August 1, 2008 Number of Pages: 2
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Chad Mathes
❑ Individual
® Corporate Officer
Title(s): Vice President
❑ Partner - ❑ Limited ❑ General
❑ Attorney -in -Fact
❑
Trustee
❑
Guardian or Conservator
❑
Other:
Signer is Representing:
Skanska USA Civil West
California District Inc
RIGHT THUMBPRINT
OF SIGNER
TOP OF TWAIN HERE
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
Partner - ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
RIGHT THUMBPRPNT
OF SIGNER
TOP OF THUMB HERE
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 219836
Certificate No. U 0 2 4 5 ,9 0 8 5
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Michael Sheehan, Matthew Kelly, Ian McCormick, and Geoffrey R. Green
of the City of Fremont , State of California , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recogmzances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of.guaranteemg the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IJ
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd
day of June 2008
Farmington Casualty Company
Fidelity and Guaranty Insurance'Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surely Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
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State of Connecticut
City of Hartford ss.
By
Georg Thompson, error me President
On this the 23rd day of June 2008 fore me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
p,TET
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 301h day of June, 2011. i Af1B�lps
`n&A;.4 C . j ftuVGu�
Mane C. Tetreault, Notary Public
58440-5-07 Printed in U.S A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-m-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizanees, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any put of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-m-Pact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Karr M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casually and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1ST day of August , 2p 08
Kan M Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF
STATE OF CALIFORNIA }
} ss.
COUNTY OF ALAMEDA }
}
On August 1, 2008, before me, Julia Grimes, Notary Public, personally
appeared Matthew Kelly, who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JULIA GRIMES
Commisalon # 1713129
-� Notary Public - California £
' • Alameda County
Comm. Dec3o.2010
Juli Grimes, No ry ublic - C fornia
(Seal) ,
Description of Attached Document:
Skanska USA Civil West California District Inc.
City of La Quinta
City Project No. 2007-18B, Avenue 58 Pavement Rehabilitation
Improvements
Payment Bond
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work
on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
nQ
Signat e
Chad Mathes, Vice President
Title
August 4, 2008
Date
Workers Compensation Insurance Certificate 1330-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, employees,
representatives and agents ("Indemnified Parties"), from and against those actions, suits,
proceedings, claims, demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person(s), for damage to property (including
property owned by City) and for errors and omissions committed by Contractor, its
officers, employees and agents, which arise out of Contractor's negligent performance
under this Agreement, except to the extent of such loss as may be caused by City's own
negligence or that of its officers or employees. In the event the Indemnified Parties are
made a party to any action, lawsuit, or other adversarial proceeding in any way involving
such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's
option, reimburse the Indemnified Parties their costs of defense, including reasonable
attorney's fees, incurred in defense of such claim. In addition, Contractor shall be
obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties..
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be
liable for any accident, loss, or damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the
insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit
coverage verification for review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the
Contractor shall not commence work, until such insurance has been approved by the City.
The Contractor shall not allow any subcontractors to commence work on its subcontract
until all similar insurance required of the subcontractor has been obtained and verified by
Contractor. Such insurance shall remain in full force and effect at all times during the
prosecution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance
as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial
General Liability Policy, on an occurrence basis, with a minimum limit of not less than One
Million Dollars ($1,O00,0OO) combined single limit for bodily injury.and property damage
for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate,
for all of the following:
Liability and Insurance Requirements 1340-1
a. Premises Operations, including Explosion, Collapse and Underground (X, C,
and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
C. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial
Business Auto Policy, on an occurrence basis, with a minimum amount of not less than
One Million Dollars ($1,000,000) combined single limit for bodily injury and property
damage, providing at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or
non -owned vehicles used in pursuit of any of the activities associated with this
Contract.
b. Any and all mobile equipment, including cranes, which is not covered under
said Commercial Business Auto Policy shall have said coverage provided for under
the Commercial General Liability Policy.
c. Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's
Compensation and Employers' Liability insurance providing coverage for any and all
employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation
(Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000)
Employers' Liability (Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described
in this Section hereof:
a. "The City, City employees and officers, the City Engineer, its consultants,
elected officials, agents, and sub -consultants are hereby added as additional insured
insofar as Work done under this Contract is concerned."
Liability and Insurance Requirements 1340-2
b. "This policy shall be considered primary insurance as respects any other valid
and collectible insurance, including self -insured retention, the City may possess, and
any other insurance the City does possess shall be considered excess insurance
only."
C. "This insurance shall act for each insured, and additional insured, as though
a separate policy had been written for each. This, however, will not act to increase
the limit of liability of the insuring company.
d. "Thirty (30) days prior written notice of cancellation shall be given to the
City. Such notice shall be sent to:
Thomas P. Genovese, City Manager
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247-1504
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms
and conditions and/or reduction in the coverage of any nature to the insurance policies.
The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements.
The Contractor shall be obligated to pay any extra premium for maintaining the insurance
requirements specified herein.
Liability and Insurance Requirements 1340-3
`mow 4 soQ.urw
Sheet 1 of 7
CONTRACT: Avenue 58 Pavement Rehabilitation Improvements PROJECT NO. 2007-18B
CONTRACTOR: Skanska USA Civil West California District Inc.
1995 Agua Mansa Road
Riverside, CA. 92509
CONTRACT CHANGE ORDER NO. 1
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
This Contract Change Order Allows for the traffic control for additional need asphalt removals not shown on the plan but encountered in the
field. Total $ 5,957.76
This Contract Change Order Allows for the adjustment of an additional 24 buried valves and 5 buried manholes not shown on the plan but
encountered in the field. Total $ 24,199.06
This Contract Change Order also allows for a Contract Quantity Adjustment between the Bid Quantities and the Actual Quantities Installed.
Total $ 48,945.19
Original Contract Amount
$ 898,000.00
Add This Change Order No. 1
$ 79,092.01
Revised Contract Total
$ 977,092.01
By reason of this contract change order the time of completion is adjusted as follows: -3- days added to contract time.
The revised contract completion date shall be: 01/23/09
Submitted By:
Approved
Mi
We, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will
provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above
specified work and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays
Accepted
Title: Fy- j eC'T Mq w:Y15t-'f—
Contractor: !—S15;: A-1JS K P* U"S 4 C 1 \/t I Date: I - 2V — D 9
T\ENGMEERING SERVICES DIVISION (CIP)\PROMCTS@ CONSTRUCTION\2007-I8B AVENGE 58 PAVEMENT RENABILITATIOMCONSTRUCTION\PROGRESS PAYMENTS&
CCO'S\CCO MI DOC
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
P 0 Box 1504
La Quinta, CA 92247
D009#a 09 20o 000061505
Rec C un page
Y opf"Cial Records
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NOTICE OF COMPLETION
Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-18B
Title of Document
THIS AREA FOR
RECORDER'S
USE ONLY
-18-M
053
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
43•00 Additional Recording Fee APPlies)
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, CMC, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
P. 0. Box 1504
La Quinta, CA 92247-1504 SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
That the interest or estate stated in paragraph 3 herein in the real property herein described is
owned by: The City of La Quinta, California, 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. That the nature of the life of the stated owner, or if more, than one owner, then of the stated
owner and co -owners is: In Fee.
4. That on the 3rtl day of February, 2009, a work of improvement on the real property herein
described was completed.
5. The public work improvement is described as follows: Avenue 58 Pavement Rehabilitation
6. The name of the contractor for said work of improvement was: SKANSKA USA Civic West
California District, Inc.
7. 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: Avenue 58
between Madison Street and Jefferson Street.
DATED: February 4, 2009 CITY OF LA QUINTTA, CALIFORNIA
TITLE: Deputy Cit Clerk il
STATE OF CALIFORNIA 1 '—
COUNTY OF RIVERSIDE 1
I hereby certify that I am the Deputy 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 February 4, 2009, at La Quinta, California.
PHYLLIS PANLEY, Depu y City Cl c
City of La Quinta, California