HomeMy WebLinkAbout2009 Dels Flooring Contractors, Inc - Fire Station & City Yard Flooring-SECTION 00 13 00
AGREEMENT
THIS CONTRACT, by and between the City of La Quinta, herein referred to as "City"
and Del's Flooring, herein referred to as, "Prime Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Prime Contractor shall furnish all necessary labor, material, equipment,
transportation and services for Project No's 2008-03 and 2007-08, La Quinta Fire Station #32
and Phase 1 Corporate Yard Improvements, Package No. 11 described as Flooring in the City
of La Quinta, California pursuant to the Invitation to Bid, dated August 26, 2009, the project
Specifications, and Prime Contractor's Bid, all of which documents shall be considered a part
hereof as though fully set herein.
Should any provisions of Prime 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. Prime 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. Prime Contractor shall commence work after the issuance of a written Notice to
Proceed and agrees to have all work completed within the specified 300 consecutive calendar
days completion time period. Prime Contractor must adhere to Monthly Progress Master
Construction Schedule which is included as Exhibit "A" and made part of this Agreement.
5. In consideration of said work, City agrees to pay Prime Contractor such sums as
shall be approved by the City Engineer at lump sums and/or unit prices stated in the Prime
Contractor's Bid, the base consideration Seventy -Six Thousand, Five Hundred Ninety -Eight
Dollars ($76,598.00). 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 Prime Contractor acknowledges that this is a prevailing wage project.
7. Concurrently with the execution of this Contract, Prime 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 Prime Contractor.
8. Prime 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 Consultant, its officers, employees
and agents, which arise out of Consultant's negligent performance under this Agreement,
Agreement 0013 00-1
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, Consultant 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, Consultant shall be obligated to promptly pay any final judgment or portion
thereof rendered against the Indemnified Parties.
9. Except as otherwise required, Prime 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
Prime 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. Prime 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.In accepting this Contract, Prime 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.) Prime Contractor
agrees that a finding by the State Fair Employment Practices Commission that Prime
Contractor has engaged during the term of this Contract in any unlawful employment practice
shall be deemed a breach of this Contract and Prime Contractor shall pay to City $500.00
liquidated damages for each such breach committed under this contract.
11.This Contract shall not be assignable by Prime Contractor without the written
consent of City.
12.Prime Contractor shall notify the City Engineer lin writing) forthwith when the
Contract is deemed completed.
13.In accepting this Contract, Prime 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.
14.Prime Contractor certifies that it is the holder of any necessary California State
Prime Contractor's License and authorized to undertake the above work.
15.The City, or its authorized auditors or representatives, shall have access to and the
right to audit and reproduce any of the Prime 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 Prime Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
16.The Prime Contractor shall maintain and preserve all such records for a period of at
least three years after termination of the contract.
Agreement 00 /3 00-2
17.The Prime Contractor shall maintain all such records in the City of La Quinta. If not,
the Prime 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 lout of the City) expenses for
personnel, salaries, private auditors, travel, lodging, meals and overhead.
18.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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
"CITY"
Dated: lSG(il'i 2� Zoo
APPROVED S TO F RM-.
�—
M. Katherine Jer4dn, City Attorney
"PRIME CONTRACTOR"
Dated:
Dated:
B���
Thomas P. Genovese, City Manager
Dated: (/mil • 0�? 41'?
l
By: !
Name:
Title:
"PRIME CONTRACTOR"
(If corporation, affix seal)
Agreement 001300-3
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FgE AS 3 3
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EXECUTED IN DUPLICATE SECTION 00 13 10 BOND NO. 4361336
FAITHFUL PERFORMANCE POND PREMIUM: $1,915.00
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, hereinafter designated the City, has on 10l0 2009,
awarded to DEL'S FLOORING CONTRACTORS, INC., hereinafter designated asthePrincipal, aContract
for Project No's 2008-03 and 2007-08, La Quinta Fire Station #32 and Phase 1 Corporate Yard
Improvements, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for
the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and SURETEC INSURANCE COMPANY , as Surety,
are held and firmly bound unto the City In the just and full amount of SEVENTY-S I X THOUSAND F I VE HUNDRED
NINETY-EIGHT-- ($ 76,598---------,p0) lawful money ofthe United States, for the payment ofwhich
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 ail 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
there under 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 2W of the Civil Code of the State of California,
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their
seals this 26TH day of OCTOBER , 2009, 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.
Foilllral Perforolancc Baird 001 J 10-1
DEL'S FLOORING CONTRACTORS, INC.
(Seal)
Title of Signatory
SURETEC INSURANCE COMPANY
Surety
(Seal) r
I
Signature for Surety
TODD M. ROHM, ATTORNEY -IN -FACT
Title of Signatory
3033 5TH AVENUE, SUITE 300
SAN DIEGO, CA 92103
Address of Surety
1-619-400-4100
Phone # of Surety
DAVID MELMAN
Contact Person for Surety
Poo f d hrfnnnance Bond 001310.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
Countyof ORANGE
On OCTOBER 26, 2009 before me, CHERYL L. THOMAS NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared TODD M. ROHM
Narrate) of Signer(s)
CHERYL L. 56AS
COMM. #1827274 z
a Notary Public - California o
z Orarpe County
Comm. 7as Dec. 18 2012+
who proved to me on the basis of satisfactory evidence to
be the person(R) whose name*sg islaxxsubscribed to the
within instrument and acknowledged to me that heMa6tbnV
executed the same in hisAAMRi1NSti authorized capacityW,
and that by his/t niheir signatures on the instrument the
person(s), or the entity upon behalf of which the person(20
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 handandofficial seal.
Signature e,11 e t , i F ry-A L-
Place Notary Seal Above 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 form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: OCTOBER 26, 2009
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: TODD M. ROHM
❑ Individual
I , . Corporate Officer —Title(s):..-__
❑ Partner ---- ❑Limited General
V! Attorney in Fact
❑ Trustee
CI Guardian or Conservator
❑ Other:
Signer Is Representing:
SUR_ETECINSURANCE
NY
COMPA_.._ .._.. ...
PERFORMANCE BOND
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer -- Title(s):
I J Partner—.J Limited I.1 General
❑ Attorney in Fact
❑ Trustee
Cl Guardian or Conservator
IJ Other:
Signer Is Representing:
02007 Nw,t, al Notary A=_aeoiaMn• 9350 De Soo Are. P.O. Box 2402 Cmtlsxorlh, CA 91313-2402•.N4!ionalNalaryor, I1an#5907 Reorde, Call Toll -Free 1-800,816-682)
POA a: 510052
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duty organized and
existing under the laws of the State of Texas, and having its principal office in Houston, 1-lams County, Texas, does by these presents
make, constitute and appoint
Cynthia S. Wozney, D.J. Picard, Todd M. Rohm
of Orange, CA its true and lawful Attorney(s)-in-fact, with fill power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/l00 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seat of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/09 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall.be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behait'of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or (obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeling held nrr 30" ofdpril.
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
. AN,, RETEC I RANCE COMPANY
dRnNrr�
G X d
w m n R.J. %Kig,reside t
State of'fexas ss.
County of Harris'
On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument: that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
=AAVugustr'y27,
nny
0lic
Texas
Expkes Michelle Denny, Notary P` lie
008 My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a toile and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect. ,
Given under my hand and the seat of said Company at Houston, Texas this 26TH day _ 0 TOBER , 20 09 , A.D.
. Brent Bea sistant See tary
Any Instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
EXECUTED IN DUPLICATE BOND NO. 4361336
SECTION 00 13 20 PREMIUM CHARGED IS INCLUDED
PAYMENT BOND IN PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La O.uinta, hereinafter designated the City, has on (da, 2009
aW arded to DEL'S�FLOORING CONTRACTORS, INphereinafter designated as the Principal, a Contract
for Project No's 2008-03 and 2001.08, La Quinta Fire Station #32 and Phase 1 Corporate
Yard Improvements, and
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 sub Contractors 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 SURETEC INSURANCE COMPANY as
Surety, are held and firmly bound unto the City In the just and full amount of SEVENTY-SIX
THOUSAND FIVE HUD - --- - _ is 76 59&------ .OD) 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 there under 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.
Pawtrnl Rand MI.M1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
seals this _ 26TH _ day of OCTOBER _ _ , 2009, 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.
(Seal)
(Seal)
DEL'S FLOORING CONTRACTORS, INC.
Principal
net --,...,.. rincipal
Title of Signatory
SURETEC INSURANCE COMPANY
Surety
Signature for Surety
TODD M. ROHM, ATTORNEY -IN -FACT
Title of Signatory
3033 5TH AVENUE, SUITE 300
SAN DIEGO, CA 92103
Address of Surety
1-619-400-4100
Phone of Surety
DAVID MELMAN
Contact Person for Surety
Popunt Band mi.? 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:�c,�=xz�����i>�c'�,�c;�i>�i.�.rc:•cz:�c�;�crc�c�:�.�i>�.�t.�.�>�.�.��i��c>�ci,�c
STATE OF CALIFORNIA
County of ORANGE }
On OCTOBER 26, 2009 before me, CHERYL L. THOMAS, NOTARY PUBLIC
Date
personally appeared TODD M. ROHM
Here Insert Name and Title of the Officer
- — — - ---
Name(s) of Sports)
who proved to me on the basis of satisfactory evidence to
be the person(g) whose name{ S/axrsubscribed to the
CHERYL L. THOMAS
within instrument and acknowledged to me that hekhRitbmy
r COMM. pt 827274 Z
executed the same in hisAMX9 h authorized capacitypt6r3j,
a Notary Public - California o
and that by hislinamli2ea signature*4 on the instrument the
Z Orange County
person(s), or the entity upon behalf of which the person(20
Co m. Ex ifes Dec. 18, 2012 1
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.
Signature
Place Notary Seal Above
Signaturef Notary Public
OPTIONAL
Though the information below is not required bylaw it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
PAYMENT BOND
Document Date: _.._ OCTOBER 26, 2009
Number of Pages _- ...... ......
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name: TODD M. ROHM
❑ Individual
IJ Corporate Officer— Title(s):_._._._..-.___ _.
❑ Partner--- ❑ Limited 1. General
C 1 Attorney in Fact
❑ Trustee
Guardian or Conservator
E. Other:
Signer Is Representing:
SURETECINSURANCE
COMPANY
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):_
I.I Partner— IJ Limited I General
❑ Attorney in Fact
❑ Trustee
..) Guardian or Conservator
i..-1 Other:
Signer Is Representing:
�7c<���>�'r-c'"��c�v`�7�>�sec.�.`CiSCZ:�ic i1ei,`ci>��'�^�.'ci3�-�•�.`cr.'c2ici:�.�i7ci'�;. c
02007 National Notary Assodat,on- 9350 De Soto Ale.. PO. Box 2402- Chatsworth, CA 91313-2402 • www NationalNotarror9 Item #5907 Rioaden Call Toll -Free 1-800876-6821
Pot a; 510052
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Knot, All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duty organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint -
Cynthia S. Wozney, D.J. Picard, Todd M. Rohm
of Orange, CA its true and lawful Attorney(s)-in-fact, with fill power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver-- any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attonrey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/09 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretory shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attonney(s)-in-Pact to represent and act for and on
behalf of the Company subject to the following provisions: -
Attornev-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the Presidentand sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate hearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20"' of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
RETEC 1>141ARANCE COMPANY
4"
SVRArfpF%q..'C,)\ t
By:
m; v? R.J. Ki g, reside t
State of Texas ss: �'•, �"�`'' � t--"—'
County of Harris ,v
On this 20th day of June, A.D. 2005 before me personally came 111 King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURIA EC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seat of said Company; that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
Michelle Denny
Notary Public
• • ,State M Tex06- f tr t tvV i c�AJC� '✓t�%1�t
M COmtnhslon Ezptias Michelle Denny, Notary Ptl lic
AUgUSt 2J, 2008 My commission expires August 27, 2008
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given tinder my hand and the seal of said Company at Houston, Texas this 26TH day OC OBER , 20 09 , A.D.
Brent Beaty, ASsistant See tary
Any Instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
Client#: 37418
2DELSFLO
ACORD,N CERTIFICATE OF LIABILITY
INSURANCE
ATC Dnv7
11/O,log
PRODUCER
Willis Insurance Services of
California Inc License#0371719
18101 Von Kannan Ave Suite 600
Irvine CA 92612
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Del's Flooring Contractors, Inc.
42120 State Street
Palm Desert, CA 92211-5148
INSURER A: Travelers Indemnity Company of Ameri
25666
INSURER B: Travelers Prop & Casu Co of America
36161
INSURER G: Oak River Insurance Company
34630
INSURER D:
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
O
Sft
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE M DDIYY
POLICY EXPIRATION
DATE M
LWITB
A
Y
GENERALLIABIUTY
6801119N176
02/22/09
02122110
EACH OCCURRENCE
$1,000,000
DAMAGE TO RENTEDDmurranoel
$300 OOO
X COMMERCIAL GENERAL UABIUTY
CLAIMS MADE 51 OCCUR
MED EXP (Any one person)
$S 000
PERSONAL &ADV INJURY
$1 OOO 00D
GENERALAGGREGATE
s2,000,000
GENTAGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
s2000000
X POLICY PRO LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE UMIT
(E vctld.M)
L
BODILY INJURY
(Per person)
i
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per.mdent)
£
HIRED AUTOS
NON-OWNEDAUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHERTHAN EA ACC
E
ANY AUTO
E
AUTO ONLY: AGO
B
EXCESSIUMBRELLA
LIABILITY
CUP217OT845
02/22109
11102/09
EACH OCCURRENCE
E1000000
X
OCCUR CLAIMS MADE
AGGREGATE
$1 o0O 000
Each Occ
s3 000 000
11/02/09
02122/10
Aggregate
113,000,000
DEDUCTIBLE
f
X
RETENTION $1 O 000
C
WORKERS COMPENSATION AND
2200055539091
07/01/09
07/01/10
U
X WCRYC STATU- OER
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNETLEXECUTIVE
E.L. EACH CID ACENT
f1,000,OOD
E.L. DISEASE - EA EMPLOYEE
=1 000,000
OFHCERIMEMBER EXCLUDED?
If yas, desodbe under
SPECIAL PROVISIONS bebw
E.L. DISEASE -POLICY LIMB
1 $1 000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Firestation 32, Project 2008-03 & Phase 1 of the Corporate Yard
Project 2007-08
The City, and the City's officers, officials, employees, agents,
including, without limitation, the City Engineer are named Additional
(See Attached Descriptions)
City of La Quinta
78-495 Calle Tampico
La Quints, CA 92253
ACORD 25120011081 i r,f 3 fLgAS'kAAR/MRA'taal
ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURERWILL ENDEAVOR TO MAIL Rax DAYSWRRrEN
;E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
?MCI IR a ACORD CORPORATION 198E
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 255 (2001108) 2 of 3 #S6536661M653661
Dells Flooring Contractors, rue. POLICY NIIMBER: 6801119N176
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY— CONTRACTORS COVERAGE PART
1. WHO IS AN INSURED — (Section II) is amended
to include any person or organization you are re-
quired to include as an additional insured on this
policy by a written contract or written agreement
In effect during this policy period and signed and
executed by you prior to the loss for which cover-
age is sought. The person or organization does
not qualify as an additional insured with respect to
the independent acts or omissions of such person
or organization. The person or organization is
only an additional insured with respect to liability
caused by "your work" for that additional insured_
2. The insurance provided to the additional insured
is limited as follows:
a) In the event that the limits of liability stated in
the policy exceed the limits of liability required
by a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage Is sought, the insurance provided
by this endorsement shall be limited to the
limits of liability required by such contract or
agreement. This endorsement shall not in-
crease the limits stated in Section III — LIMITS
OF INSURANCE.
b) The insurance provided to the additional in-
sured does not apply to "bodily injury", "prop-
erty damage", "personal injury" or "advertising
injury" arising out of an architect's, engineer's
or surveyor's rendering of or failure to render
any professional services including:
I. The preparing, approving or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders, or drawings and specif(-
cations; and
11. Supervisory or inspection activities per-
formed as part of any related architectural
or engineering activities.
c) This Insurance does not apply to "bodily in-
jury" or "property damage" caused by "your
work" included in the "products -completed
operations hazard" unless you are required to
provide such coverage for the additional in-
sured by a written contract or written agree-
ment in effect during this policy period and
signed and executed by you prior to the loss
for which coverage is sought and then only
for the period of time required by such con-
tract or agreement and in no event beyond
the expiration date of the policy.
3. Subpart (1)(a) of the Pollution exclusion under
Paragraph 2., Exclusions of Bodily Injury and
Property Damage Liability Coverage (Section I —
Coverages) does not apply to you if the "bodily
injury" or "property damage" arises out of "your
work" performed on premises which are owned or
rented by the additional insured at the time "your
work" is performed.
4. Any coverage provided by this endorsement to an
additional insured shall be excess over any other
valid and collectible insurance available to the
additional insured whether primary, excess, con-
tingent or on any other basis unless a written
contract or written agreement In effect during this
policy period and signed and executed by you
prior to the loss for which coverage is sought
specifically requires that this insurance apply on a
primary or non-contributory basis. When this in-
surance is primary and there is other insurance
available to the additional insured from any
source, we will share with that other insurance by
the method described in the policy.
5. As a condition of coverage, each additional
insured must:
a.) Give us prompt written notice of any "occur-
rence" or offense which may result in a claim
and prompt written notice of "suit".
CG D2 4610 02 Copyright, The Travelers Indemnity Company, 2002 Page 1 of 2
Det°s Tto6ring Contractors, Inc. POLICY NUMBER: 6001119NI76
COMMERCIAL GENERAL LIABILITY
b.) Immediately forward all legal papers to us,
cooperate In the investigation or settlement of
the claim or defense against the "suit," and
otherwise comply with policy conditions.
c.) Tender the defense and indemnity of any
claim or "suit" to any other insurer which also
Insures against a loss we cover under this
endorsement. This includes, but is not limited
to, any insurer which has issued a policy of
insurance in which the additional insured
qualifies as an insured_ For purposes of this
requirement, the term 'Insures against' refers
to any self-insurance and to any insurer which
issued a policy of insurance that may provide
coverage for the loss, regardless of whether
the additional Insured has actually requested
that the insurer provide the additional insured
with a defense and/or indemnity under that
policy of insurance.
d.) Agree to make available any other insurance
that the additional insured has for a loss we
cover under this endorsement.
Page 2 of 2 Copyright, The Travelers Indemnity Company, 2002 CG D2 46 10 02
Client#: 37418
2DELSFLO
ACORD- CERTIFICATE OF LIABILITY
INSURANCE
DATE (MMIODM rr'
10/2612009
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis Insurance Services of
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
California Inc License#0371719
HOLDER. THIS CERTIFICATE- DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
18101 Von Karman Ave Ste 600
Irvine CA 92612
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A: Progressive Casualty Ins, Co-
24260
Delis Flooring Contractors, Inc.
42120 State Street
Palm Desert, CA 922115148
INSURER B:
INSURER G:
INSURER D:
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWH HSTAND W G
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T HIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1 B
LTR
NSR
TYPE OFINSURANCE
POLICY NUMBER
ECTIVE
PODATELICY MEFFM/00DATKIMMIDWC6
POLICY EXPIRATION
LIMITS
GENERALUAIMTY
EACH OCCURRENCE
$
COMMERCIALGENERALLIARILETY
AG
DAME TO RENTED
$
CLAIMSMADE ❑OCCUR
MED UP (Ay an a parson)
$
PERSONAL&ADVINJURY
$
GENERALAGGREGATE
$
GEML AGGREGATELIMITAPPLIES PER:
PRODUCTS-COMPIOPAGG
E
POLICY SECTPR0- LOC
A
AUTOMOBILE
L%BIUTY
ANY AUTO
21500508
05/22/09
11/22/09
COMBINED SINGLE LIMIT
w (Ea.U
__
$1,000,000
BODILY INJURY
(POrPmsan)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per�ddent)
$
X
X
HIREOAUTOS
NONAWNEIAUTOS
PROPERTYDAMAGE
(Pmucddanl)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHERTHAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGO
EXCESSIUMBRELLA DABIITPr
EACH OCCURRENCE
$
OCCUR �CLAIMS MADE
AGGREGATE
$
$
--
$
DEDUCTIBLE
$
RETENTION s
WORKERS COMPENSATION AND
TH-
WC STIM OaD
EMPLOYERS' UABILITY
ANY PROPRIETOMPARTNERIEXECUTIVE
EL.EACHACUDENT
$
EJ_DISEASE-EA EMPLOYEE
$
OFFICERIMEMSER EXCLUDED?
If y[s dasa@e under
SPEC IALPROVISIONSbelmY
ELDISEASE-POUCYDMR
s
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPEMAL PROVISIONS
RE: Firestation 32, Project 2008-03 & Phase I of the Corporate Yard
Project 2007-08
City of La Qulnta
PO Box1504
La QUlnta,CA 92247-1504
ACORD 25 (2001108) 1 of 2
ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
EREOP, THE ISSUING INSURER WILL ENDEAVORTO MAIL DAYSWRITTEN
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURETO DO SO SHALL
IMPOSE NO OBLIGATION OR LIARILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
2MSUR 0 ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endomement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25S (2001/08) 2 of 2
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 O Box 1504
La Quinta, CA 92247
DOC # 2010-0537676
11/09/2010 08:00A Fee:NC
Page 1 of 2
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
IIIIII IIIIIII 11111111111111111111111111111111111111111
S
R
U
PAGE
SIZE
DA
MISC
LONG RFD
COPY
a
M
A
L
466
426
PCOR
NCOR
SMF CHG
J�"M
O� V'
NII
T:
CTY NI
NOTICE OF COMPLETION
La Quinta Fire Station 32, Project No. 2008-03 and Phase I Corporate Yard,
Title of Document
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING
($3.00 Additional Recording Fee Applies)
No. 2007-08
U01
!1
TION
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
NOTICE IS HEREBY GIVEN:
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
1. 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 2nd day of November, 2010, a work of improvement on the real property herein
described was completed.
5. The public work improvement is described as follows: La Quinta Fire Station 32, Project 2008-03
and Phase 1 Corporate Yard, Project No. 2007-08.
6. The name of the contractors for said work of improvement were: Davis Reed Construction,
James A. Shirley Construction, TSJ Electric, Arrowhead Mechanical, JPI Development, Lozano
Caseworks, Kincaid Industries, Desert Concepts Construction, Del's Flooring, Mike Cox Electric
and Weaver Electric.
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: 78-111
Avenue 52.
DATED: November 3, 2010 CITY q# LA QUINTA, CALIFORNIA
r37i
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE 1
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.
VERONICA J.
City of La Qu
gTECINO, City Clerk
California