Pro Tech Engineering/Eisenhower-Tampico Signal Interconnect 11SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein
referred to as "City," and Pro Tech Engineering, Corp., 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 Eisenhower Signal Interconnect, City Project No. 2009-22, Federal Aid Project No. CIVIL
5433(011), in the City of La Quinta, California pursuant to the Invitation to Bid, dated October 27,
2010 the project Specifications, and Contractor's Bid, dated December 1, 2010, 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 45 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 Two
Hundred and Thirty Five Thousand, Six Hundred and Fifty Six Dollars and Zero Cents ($235,656.00).
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.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter
defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties'
option), indemnify, protect and hold harmless City and its ProjectConsultants, and Engineers,
officers, agents, and employees ("Indemnified Parties") from and against any and all claims,
charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including
counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever,
which may be sustained or suffered by or secured against the Indemnified Parties arising out of or
encountered in connection with this Contract or the performance of the Work including, but not
limited to, death of or bodily or personal injury to persons or damage to property, including property
1300-7
Contract
owned by or under the care and custody of City, and for civil fines and penalties, that may arise
from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its
officers, agents, employees or Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of
any nature whatsoever, which may exist by reason of any act, omission, neglect, or any
use or occupation of the premises by Contractor, its officers, agents, employees, or
subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by Contractor,
its officers, agents, employees, or subcontractors under or pursuant to the provisions of
this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or .
Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with any of the
terms or conditions of this Contract or any applicable federal, state, regional, or
municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to
in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the
use or occupation by Contractor on any other premises in the care, custody and control
of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City and
loss of City revenue from any source, caused by or arising out of the conditions, operations, uses,
occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim, charge,
damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or
penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without
affecting the rights of City under any provision of this Contract, Contractor shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence of City, provided
such active negligence is determined by Contract between the parties or by the findings of a court
of competent jurisdiction. In instances where City is shown to have been actively negligent and
where City's active negligence accounts for only a percentage of the liability involved, the obligation
of Contractor will be for that entire portion or percentage of liability not attributable to the active
negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set
forth here in this section from each and every subcontractor or any other person or entity involved
by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor
fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on
City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and
defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall
survive the termination,of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity
is in addition to any other rights or remedies that the Indemnified Parties may have under the law or
under any other Contract Documents or Agreements. In the event of any claim or demand made
against any party which is entitled to be indemnified hereunder, City may, in its sole discretion,
reserve, retain or apply any monies to the. Contractor under this Contract for the purpose of
resolving such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its
sole discretion, determine whether such assurances are reasonable.
1300-2
Contract
i
Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors
from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be
liable for any accident, loss, or damage to the work prior to its completion and acceptance.
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, Section 1340-2.0, Insurance Requirements. 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, at 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.
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.
1300-3
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.
7300-4
Contract
below.
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated
Dated:
"CITY"
CITY OF LA QUINTA
a(C/al/if�o�rnia municipal corporatioril
` Thomas P. Genovese, City Manager
ATTE
Dated: 6�1&, /Z
Veronica J. M tecino, CMC, City Clerk
APPROVEiey
S TO FORM:
City Atto
Dated: 2 — ,), — J j 11
"CONTRACTOR"
(If corporation, affix seal)
Dated: I ($
Name: aI,lloG
print name
Address:
street address
Dated:
print name
Address:
street address
By: O,iw r
signature "
Title:�I
cite state zip
By:
signature
Title:
state
zip code
contract
1300-5
THE FINAL PREMIUM 4 SECTION 1310
PREDICATED ON THI
FINAL CONTRACT PRICE FAITHFUL PEttFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
Bond No. CTR-3000323
Premium: $4,535.00
(] of 2 Originals)
THAT the City of La Quints, a municipal corporation, hereinafter designated the City, has,
on January 4, 2011, ,awarded to Pro Tech Engineering, Corp*, hereinafter. designated as the
Principal, a Contract for Eisenhower Signal Interconnect, City Project No. 2009-22, Federal Aid
Project No. CML 5433(011), and:
* oration dba Pro Tech Electric
WHEREAS, said Principal isrequired under the terms of said Contract to furnish a bond for
the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and Aegis Security Insurance Company , as
Surety, are 'held and firmly 'bound unto the City in the just and full amount of Two Hundred and
Thirty Five Thousand, Six Hundred and Fifty Six Dollars and Zero dents ($235,656,00) 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 Suretyr 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 2846 of, the Civil Code of the State.of
California.
Fafrhfal Performance Bond
r310-r
A
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
seals this loth day of January 2011, 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.
Pro Tech Engineering Corporation
dba Pro Tech Electric
(Seal)
Principal
_ .
SignkuWMr Principal
•Title ;of, Signatory
Aegis Security Insurance Company
-(SeAll- ? %�
- Signature for- SC
Attorney -In -Fact, Matthew R. Dobyns
Title of Signatory
P.O. Box 350, Hartland, WI '53029-0350
Address of Surety
312=V718-0670
Phone # of Surety;
Steve Cade
i
Contact Person For Surety
z
.Fefrhful Performance Solid
1370.2
FOND NUMBER CTR-3000323
AEGIS SECURITY INSURANCE CONIPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY does hereby make, constitute and
appoint: Matthew R. Dobyns
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf surety bonds, undertaking and other instruments of similar
nature as follows: $2.5 Million
This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
the Company on the 4th day of February 1993.
"Resolved, That the President, any Vice President, the Secretary and any Assistant Secretary appointed for that purpose by the officer in
:charge of surety operations shall each have authority to appoint individuals as Attorneyin-Fact or under other appropriate titles with
r authority to execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in
the course ofits business. .On any instrument making or evidencing such an appointment, the signatures may be affixed by facsimile. On
any instrument conferring such authority or on any bond or undertaking of the Company, the seal or facsimile thereof may by imposed or
fixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or
undertaking."
"Resolved, That the signature of each of the following officers; President, Vice President, any Assistant Vice President, any Secretary or
- 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 the purpose only of executing and attesting
bonds and undertaking and other writings upon the Company and any such power required 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 undertaking to which it is attached.®
IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these
presents to be signed by its President this 30th day of January, 2008.
Commonwealth of Pennsylvania }
} s.s.: Harrisburg
County of Dauphin }
AEGIS SECURITY INSURANCE COMPANY
BY �y tNSUq�
ti
DARLEEN J. FRITZ of 1977 0
President
On this 30th day of January, 2008, before me personally came Darleen J. Fritz to me known, who being by me duly sworn, did depose and
say that she is President of AEGIS SECURITY INSURANCE COMPANY, the corporation described herein and which executed the
- above instrument; that she knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it
was so affixed by order of the Board of Directors of said corporation and that she signedhername
thereto by like order.
4vGGAON
`4
¢ OF S Pt
'
REBECCA LIDDICK •I'� �'O
Notary Public o
My Commission Expires July 25, 2013 rlpy P
I, the undersigned, Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pennsylvania corporation, DO HEREBY
CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the
Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force.
Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania, dated this 1 Cth day of >Jariuery 2011
05PelutE7 R�
DEBORAH A. GOOD - u ' no
Secretary
. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
Of
On MU "A k before me ERIKA GUIDO NOTARY PUBLIC,
personally appeared MATTHEW R. DOBYNS
® who proved to me on the basis of satisfactory evidence to be the personw
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/sMe/they executed the same in his/hef/t-heir
authorized capacity (ies), and that by his/bef/theif signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
ERI IDOn California that the foregoing paragraph is true and correct.
COMM.11 ig43737
TARyPUBUCCALIFORNIA p WITNESS ,... m
my hind and official seal.
ORANGE COUNTY "u' / l .- nims Mav 5.2013 1[ r—\ 'ice /1
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Bond No. CTR-3000323
Premium: included on
Performance Bond.
SECTION 1320 (.1 of 2 Originals)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City df La Quints, a municipal corporation, hereinafter designated the City, has,
onJan.4tP201101 awarded io Pro tech Engineering, Corp *, hereinafter designated as the Principal,
a Contract for Eisenhower Signal Interoonnect, City Project No. 2009-22, Federal Aid .Project No.
CML 5433(011). * oration dba Pro Tech Electric
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:
Com an
NOW, THEREFORE, .we, the Principal, and Aegis Security Insurance P , .�'s Surety,
are held and firmly bound unto the. City in the just and full amount of Two Hundred and Thirty Five
Thousand, Six Hundred. and Fifty Six Dollars and zero Cents' ($235,666.00) 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
dther 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 Celifornia'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 $181 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,
slteration; 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
seals this loth day of January , 2011, 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.
Pro Tech Engineering Corporation
dba'Pro Tech Electric
Principal
(Sean_.__ _
Signatuhl�r Principal
Title of Signatory
-,
Aegis Security Insurance Company
Surety
(See
a
!) -
A/
Signature for S ety
Attorney -In -Fact, Matthew R. Dobyns
Title of Signatory
P.O. Box 350, Hartland, WI 53029-0350
Address of Surety
312-718-0670
Phone # of Surety
Steve Cade
Contact Person For Surety
Psyment Bond 1320.2
BOND NUMBER CTR-3000323
dantiacr s 2011
AEGIS SECURITY INSURANCE CONIPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY does hereby make, constitute and
appoint: Matthew R. Dobyns
its true and lawful Attomey-in-Fact, to make, execute and deliver on its behalf surety bonds, undertaking and other instruments of similar
nature as follows:
$2.5 Million
This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
the Company on the 4th day of February 1993.
"Resolved, That the President, any Vice President, the Secretary and any Assistant Secretary appointed for that purpose by the officer in
charge of surety operations shall each have authority to appoint individuals as Attorney -in -Fact or under other appropriate titles with
. authority to execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in
the course of its business. On any instrument making or evidencing such an appointment, the signatures may be affixed by facsimile. On
any instrument conferring such authority or on any bond or undertaking of the Company, the seal or facsimile thereof may by imposed or
fixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or
undertaking."
"Resolved, That the signature of each of the following officers; President, Vice President, any Assistant Vice President, any Secretary or
- . 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 the purpose only of executing and attesting
bonds and undertaking and other writings upon the Company and any such power required 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 undertaking to which it is attached.@
IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these
presents to be signed by its President this 30th day of January, 2008.
Commonwealth of Pennsylvania }
} s.s.: Harrisburg
County of Dauphin }
AEGIS SECURITY INSURANCE COMPANY
BY 1kWSUq,
ti
J�dpturt cR+
DARLEEN J. FRITZ W
1977 n
0
President
On this 30th day of January, 2008, before me personally came Darlem J. Fritz to me known, who being by me duly swom, did depose and
say that she is President of AEGIS SECURITY INSURANCE COMPANY, the corporation described herein and which executed the
above instrument; that she knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it
was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order.
W CF�z'
REBECCA LIDDICK
Notary Public or1gY P
My Commission Expires July 25, 2013
I, the undersigned, Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pennsylvania corporation, DO HEREBY
CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the
Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force.
Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania, dated this 10th'day of
DEBORAH A. GOOD
Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
of
On WWO U 1 1 before me, ERIKA GUIDO, NOTARY PUBLIC,
personally appeared MATTHEW R. DOBYNS
® who proved to me on the basis of satisfactory evidence to be the person(s)
whose names) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/theif
authorized capacity (ies), and that by his/her/theif signature(s) on the
instrument the person(, or the entity upon behalf of which the person(s)
acted, executed the instrument.
_ � �, I certify under PENALTY OF PERJURY under the laws of the State of
ERIKA QUIDOCalifornia that the foregoing paragraph is true and correct.
COMM. A 1843731
+oTnO E� r1w N WITNESS my Fj�nd and official seal.
TY
OWIN mmm. expires WM 5.2013 / I n (—*IV,
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
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."
i
Title
I /I ?, I
Date
Workers' Compensation Insurance Certiricate 1330-1
1.0
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined),
the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option),
indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents,
and employees ("Indemnified Parties") from and against any and all claims, charges, damages,
demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees),
judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be
sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in
connection with this Contract or the performance of the Work including, but not limited to, death of or
bodily or personal injury to persons or damage to property, including property owned by or under the
care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole
or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any
nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or
occupation of the premises by Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractors under or pursuant to the provisions of this
contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or
Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or
conditions of this Contract or any applicable federal, state, regional, or municipal law,
ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -
subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or
occupation by Contractor on any other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including
but not limited to damage to or loss of City property, to the extent not insured by City and loss of City
revenue from any source, caused by or arising out of the conditions, operations, uses, occupations,
acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5)•
Contractor's obligations under this Section apply regardless of whether or not such claim, charge,
damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty,
or liability was caused in part or contributed to by an Indemnified Party. However, without affecting
the rights of City under any provision of this Contract, Contractor shall not be required to indemnify
and hold harmless City for liability attributable to the active negligence of City, provided such active
negligence is determined by Contract between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where City's active
negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be
for that entire portion or percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth
here in this section from each and every subcontractor or any other person or entity involved by, for,
with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to
obtain such indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend
1340-1
Liability & insurance Requirements
City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the
termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is
in addition to any other rights or remedies that the Indemnified Parties may have under the law or
under any other Contract Documents or Agreements. In the event of any claim or demand made
against any party which is entitled to be indemnified hereunder, City may, in its sole discretion,
reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides City with
reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole
discretion, determine whether such assurances are reasonable.
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
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in
conformance with the requirements set forth below. Contractor will use existing coverage to comply
with these requirements. If that existing coverage does not meet the requirements set forth here, it
will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set
forth in this section constitute the minimum amount of coverage required. Any insurance proceeds
available to City in excess of the limits and coverage required in this Contract and which is applicable
to a given loss, will be available to City.
Contractor 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.
Contractor shall provide the following types and amounts of insurance:
2.2 Commercial General Liability Policy
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability"
policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. There shall
be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less
than Two Million Dollars ($2,000,000) per occurrence for all covered losses and no less than Four
Million Dollars ($4,000,000) general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy
coverage grant for any of the following:
a. Explosion, Collapse or Underground Hazard(X CU)•
b. Products and Completed Operations.
7340-2
Liability & Insurance Requirements
Pollution liability.
d. Contractual liability.
Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others
involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project.
2.3 Workers' Compensation Insurance
Workers' Compensation on a state -approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 per accident for all covered losses.
2.4 Business Auto Policy
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol
(Any Auto) or the equivalent. Limits shall be no less than $1,000,000 per accident, combined
single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned
auto endorsement to the general liability policy described above.
2.5 Excess or Umbrella Liability Insurance
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverage. Any such coverage provided under
an umbrella liability policy shall include a drop down provisions providing primary coverage for liability
not covered by primary but covered by the umbrella. Self -insured retentions are not permissible.
Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to
policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of Contractor,
subcontractors or others involved in the Work. The scope of coverage provided is subject to approval
of City following receipt of proof of insurance as required herein. Limits are subject to review but in no
event less than $1,000,000 per occurrence and aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the
state of California and with an A.M. Best rating of A- or better and a minimum financial size of VII.
Contractor and City agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required herein to include as
additional insureds both City, its officials, employees and agents, and County, its officials, employees
and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985 or equivalent.
Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way
with the project contemplated by this agreement to do likewise.
2. Any waiver of subrogation express or implied on the part of City to any party involved in this Contract
or related documents applies only to the extent of insurance proceeds actually paid. City, having
required that it be named as an additional insured to all insurance coverage required herein, expressly
retains the right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors, subcontractors or others involved in any way with
the project(s) contemplated by this Contract, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by Contractor
pursuant to this Contract shall be endorsed to delete the subrogation condition as to City, or to
specifically allow Contractors or others providing insurance herein to waive subrogation prior to a loss.
This endorsement shall be obtained regardless of existing policy wording that may appear to allow
such waivers.
1340-3
Liability & Insurance Requirements
4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not
intended by any party to be limited to providing coverage for the vicarious liability of City, or to the
supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Contract
(express or implied) in any way relating to City is intended to apply to the full extent of the policies
involved. Nothing referred to here or contained in any Contract involving City in relation to the
project(s) contemplated by this Contract is intended to be construed to limit the application of
insurance coverage in any way.
5. None of the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and additional requirements
by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may affect City's protection
without City's prior written consent.
Proof of compliance with these insurance requirements, consisting of binders of coverage, or
endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to
the execution of this Contract. In the event such proof of any insurance is not delivered as required, or
in the event such insurance is canceled at any time and no replacement coverage is provided, City has
the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Contractor or deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to
these requirements, to require thirty (30) days notice to City and the appropriate tender prior to
cancellation of such liability coverage and notice of any material alteration of non -renewal of any such
coverage, and to require contractors, subcontractors, and any other party in any involved with the
project contemplated by this Contract to do likewise.
9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided
by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is
brought onto or involved in the project by contractor, provide the same minimum insurance coverage
required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion
of the insurance required herein and further agrees that it will not allow any contractor, subcontractor,
Architect, Engineer or other entity or person in any way involved in the performance of work on the
project contemplated by this Contract to self -insure its obligations to City. If contractor's existing
coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the contractor, which may include
reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or
other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the Contractor, the City will negotiate
additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed
to be executed when finalized and any activity commences in furtherance of performance under this
Contract.
Liability & Insurance Requirements 1340-4
14, Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its employees or agents face
an exposure from operations of any type pursuant to this Contract. This obligation applies whether or
not the Contract is canceled or terminated for any reason. The insurance shall include but not be
limited to products and completed operations and discontinued operations, where applicable.
Termination of this obligation is not effective until City executes a written statement to that effect.
16. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar
statute, in relation to the city, and to require all subcontractors and any other person or entity involved
in the project contemplated by this Contract to do likewise.
17. Requirements of specific coverage features are not intended as limitations on other requirements or as
a waiver of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended
by any party or insured to be all-inclusive.
18. Any provision in any of the construction documents dealing with the insurance coverage provided
pursuant to these requirements is subordinate to and superseded by the requirements contained herein.
These insurance requirements are intended to be separate and distinct from any other provision in this
Contract and are intended by the parties here to be interpreted as such.
19. All liability coverage provided according to these requirements must be endorsed to provide a separate
aggregate limit for the project that is the subject of this Contract and evidencing products and
completed operations coverage for not less than two years after issuance of a final certificate of
occupancy by all appropriate government agencies or acceptance of the completed work by City.
20. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Contractor for the cost of additional insurance
coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is
not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect
thereto.
21. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects
or Engineers working on this project through Contractor. City shall determine the liability limit.
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:
Thomas P. Genovese, City Manager
City of La Quints
P.O. Box 1504
La Quints, CA 92247
1340-5
Liabirty &insurance Requirements
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Policy Number:160H003343 Effective Date:04/01/2010
Expiration Date: 04/01/2011
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADITIONAL INSURED- DESIGNATED PERSON OR ORGANI7ATION
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This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL IdABIL,ITY COVERAGE PART:
SCHEDULE
Name of Person or Organization:
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495 Calle Tampico
La Quinta, CA 92253
Name of Additional Insured Person(s) or Organization(s):
City of La Quinta, its officers, officials, employees, agents and volunteers.
W130 rS AN rNMED (Section II) is amended to inelude a$ an insured the person or organization shown in the
Schedule, but only with respect to liability for "bodily injury of "prope
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Sheet 1 of 3
CONTRACT: Eisenhower Drive Signal Interconnect
PROJECT NO. 2009-22
CONTRACTOR: Pro Tech Engineering Corp.
CONTRACT CHANGE ORDER NO.1
Pursuant to the terns 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 installation of conduit to the revised Verizon Point of Connection. Total 3,945.7
This Contract Change Order allows for additional potholing of Utilities not indicated on the project location diagram. Total $ 36.300.00
This Contract Change Order allows for a Contract Quantity Adjustment between Bid Quantities and Actual Quantities. Total $ 10.794.00
Original Contract Amount $ 235,656.00
Add This Change Order No. I S 51,039.76
Revised Contract Total $ 286,695.76
By reason of this contract change order the timeof completion is adjusted as follows: -23- working days added to contract time.
The revised contract completion date shall be: 07/01/11
Submitted
Approved
we, the undersigned Contractor, haregivea careful consideration to the changepmposed and hereby agree, if this proposal a approved, that we will
provide all equipment, furnish all materials, perform all labor, except as may be noted above, andperform all services necessary to complete the above
specified work and hereby accept w full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted
Contractor: inn �S/'f/ 4AZCZ=z,.,t6T Date;
T:IENOrNEERINO SERVICES INWSION(CIP)\PROrEMSV OONSTRUCnON000 nEISENHOWE.RMYE SIGNAL. INTMW0NhB.CIK.'ONSTRUCT1 N ROORESS PAYMENTS&
ccawcoelDoc -
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: CITY CLERK DEPT
P 0 Box 1504
La Quinta, CA 92247
DOC # 2011-0471691
10/26/2011 08:00p Fee:NC
Page 1 of 2
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION ,I MI
City Project 2009-22 !.__J
Contractor: Pro Tech Engineering Corp.
Title of Document
THIS AREA FOR
RECORDERS
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Exempt Recording Fees per Government Code Sections 6103 and 27383
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, CMC, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: City Clerk Department
P. 0. Box 1504
La Quinta, CA 92247-1504 SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
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--- Compl-etion.
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 201" day of September 2011, a work of improvement on the real property herein
described was completed.
5. The public work improvement is described as follows: Construction of the Eisenhower Drive
and Calle Tampico Signal Interconnect - City Project No. 2009-22, Federal Aid Project No. CML
5433 (011).
6. The name of the contractor for said work of improvement was: Pro Tech Engineering, Corp.
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: on Eisenhower
Drive between Avenida Fernando and Calle Tampico, and on Calle Tampico from Eisenhower Drive
to Washington Street.
DATED: September 21, 2011 CITY OF LA QUINTA, CALIFORNIA
- BY: A�
TITLE: De uty CA& Clerk
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 at La Quinta, California.
sss-"� W `
Susan Maysels, Deputy ty Clerk
City of La Quinta, California