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M.A.Y. Plumbing/ Foreclosure 52-681 Mendoza 11CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and M.A.Y. PLUMBING 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. Plumbing Remodel at 52-681 Avenida Mendoza, in the City of La Quinta, California pursuant to the attached proposal listed as Exhibit A. 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 Director of Building and Safety. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 30 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 Director of Building and Safety at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration of Seven Thousand Eight Hundred Thirty Three Dollars ($7,833.00). All payments shall be subject to approval by the Director of Building and Safety. 6. Prevailing Wage is not required for this project. 7. Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees and agents, which arise out of Contractor's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. the umbrella. 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. 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. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 9. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 10. This Contract shall not be assignable by Contractor without the written consent of City. 11. Contractor shall notify the Director of Building and Safety forthwith when the Contract is deemed completed. 12. 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. 13. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 14. 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. 15. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 16. 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 Contract 1300-3 City for. all reasonable and extra costs incurred in conducting the audit at 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below, "CITY" CITY OF LA QUINTA j a California municipal corporation I Dated: ,F��lr2�G 1. <l 2,--2 By: Thomas P. Genovese, City Manager APPROVED AS TO FORM d✓\_ Dated: / L City Attorney "CONTRACTOR" (if corporation, affix seal) i Dated: By: l //(Signature) ` Name: le)Nu?CG�4 (Please print Title: r Address: 77 & �� �n 1.-eiL Contract - 1300-4 EXHIBIT A M.A. Y PL UMBING 77618 CALLE COLIMA LA QUINTA, CA 92253 (760) 272-2691 Proposal 1'RUPO.SAI.,SUBM!'17L'i.) TO: NAAfIi: OlV ol7,a (hdnta Date: March 14, 2011 WORK 1'O BJi PlJtA'ORMIJ) A I': AIWRA;tiS: 52081 Mendoza La Quintu, Ca 92253 We hereby propose to furnish the mmerials and perform the labor necessary fbr the completion of Plumbing Remodel at the above (Adress, 1. Kitchen: 'Prim out kitchen supplylaucet, air gap, disposal, and hook up material. All other materials supplied by others. I )eisle washer & 1 Jrver honk up also lower kitchen drain and cooper, stub outs for water at kitchen sink. Including moving cook lop gas apprax a. feel. 2. Winer Heater Room: Re route T & P litre below water heater plut,lorm to stub out at exterior wall. 3. Rath Two: Replace and snrply water closet, Tuh & Shower, Rough valve, and trim. 4. Master Bath: Supply and install I'ub d, Shower, valve and trim, water closet, vanity, faucet, and hook up material. 5. Water Service" House side replace gate valve, wader regulator, and hose bib. 0, Relocate close Washer & Dger hook zip location to garage includes saw cut concrete, .luck hammer, «nd remove. Hall wuv by others, ALsn gas /inca Jronr meter lnc'aliun lu close dryer and vent io stuh outside wall near man door from main house into garage. All material is euaranteed to be as snecifted, and the above work to be performed lit accordance with the hrawineN and specilieadons submitted for above work and completed in a substantial workmanlike manner for the sum of Sewn Thousand 1.,7kht hundred thirty three dollars. Z 'af)vd Nd TZ:60 TTOZ'VT'xEAI Respectfully submitted by: M.A. Y Plumbing Per Marcos A. Yescas Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted/ You are authorized to do lite work as spec y7ed Date: .Signature: Print: aDVC1 Wd TZ:60 TTOZ'VT'XeDAI FROM (TUE)MAR 15 2011 10:42/ST.10:42/No,7521280377 P 1 � 'a 3•16•11 ,11. a CERTIFICATE OF LIABILITY INSURANCE B`� 3/15/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iae) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an ondorssment. A statement On this certificate does not confer rights to the certificate holder In lieu of such endorsemant(s). PRODUCER Dieda Weeks Insurance Services 27720 Jefferson Avenue, $Ult;e 21Q Temecula, CA 92590 David weeks �), 951.676.3161 A-Nnr. 951-676-3106 davidweeka7771Bverison.net Ink 04301 MSUIER(S) APFORDM COVeRAOE T-mm... r MSURED M A Y PLUMBING 77618 Calle Colima0: La Quinta, CA 92253 A: Navigatex0 Specialty Imuxanee Cc S: Ef E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TWIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY ReOUIREMENT, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IRON ADOL NAIR POLICY EA POLICYaP LTR I TWE DF PRIARAKE RR MP NLICV"MR unwo MYVY) (111IM& YM UNITS GENERAL UASE-nY ACH OCCURRENCE S $1,000,000.00 ✓ COMMERCIALGENEMLLIABCRY ALUOE TO RENTED REMISES Ee Praualm a $50,000.00 CLAIMS -UAW OCCUR a 05, 000.00 A ✓ 04-NO014110 10/12/2010 10/12/2011 _ ERaONALAaov MAlav S $1,000,000.00 G14GRALAGGREGATES a $2, 000, 000.00 ENIAGGREGATE LIMIT APPLIES PER' OOUCTS-COMP/OP ACG = $2,000,000,00 ✓ PRO PGLICY IJECT LOC a .urDNOeae LIAMLgY COMBINED SINGLE LIMIT la eMl S eODAYNUUIY(Pe P.) a AUTO ALL OWNED SCHEDULED AUT09 AUTOS OGLYVQ0RY(PE,AWee I) a PROPERTYDAMAGE a HIRED AUTOS NONOWNED AUTO$ UMBRELLALW OCCUR EACII OCCURRENCE AGGREGATE a EXCESS LIAR LAWS -MADE OEO I IRETENffMN 3a Re CONVERSATION OaMKOYMFUNRR'/ VIC BTAnL TMw6::1 a 1% ER . EACH ACCIDENT S YPRDPRIETO ARME�UT YIN FICERMEMBE0. EXCLWED9 NIA LOM;EABE.. EAEMKOYEE a MNddwyMI T..,aNmeeur o aDRFrnoNor oveFAnorae.a. ❑ i.DSEASE-PoucrLWn s OeSCRVTN)N OF OPERATIONS I LOCATIONS I VEHICLES (AnPrh ACORD 101, AddHb R—A-Schedule, H In" epee M MR~ Certificate Solder is named as Additional Insured per attached Blanket Endorsement form ARP-0S 043 (5/2006). Job Address: 52681 Mendoza, La Quinta, CA 92253 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City Of La Quints. E MILL BE DELIVERED IN THE EXPIRATION DATE THEREOF, ACCORDANCE WITH T E POLICY PROVISIONS. 78495 Calle Tampico La Quinta, CA 92253 Attn Diane T BED R�RESEH/T/A/T71VE Fax: 760-777-7011 0 79gg-2010 ACORD CORPORATION. All rights reserwed. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD FROM (TUE)MAR 15 2011 10:42/ST,10:42/No.7521280377 P 2 BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number 044N0014110 Endorsement Effective: 10/12/2010 12:01 a.m. Named Insured MARCOS YESCAS, DBA: MAY PLUMBING Countersigned By: - Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11— Who Is An Insured is amended to include as an insured the person or organization shown In the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another Contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your' refer to the Named Insured shown in the Declarations. D. 'Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary Wording 0 required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(&) shall be excess of the insurance afforded to the named insured and shall not contribute ID it. Waiver of Subrocation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for Injury or damage arising out of.your work" done under a contract with that person or organization. ANF- ES 043 (5/2006) FROM (TUE)MAR 15 2011 10:42/ST.10:42/No.7521280377 P 3 CERTHOLDER COPY Sul P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 ® CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-15-2011 GROUP.000238 POLICY NUMBER: 0014439-2010 CERTIFICATE ID: 2 CERTIFICATE EXPIRES: 11-01-2011 11-08-2010/1/-01-2011 THE CITY OF LA QUINTA Sul JOB:RESIDENTIAL DIANE 52881 MENDOZA 78485 CALLE TAMPICO LA QUINTA LA QUINTA CA 82253-2838 CA 82253 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon f0 days advance written notice t0 the employer. We will also give you 10 days advance notice should this Policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded bythe policy listed herein. Notwithstandino any requirement term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described harsin Is subject to all the teems, exclusions, and Conditions, of such policy- ' '•'.'� L Authori.ed Representative President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS, COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000.000 PER OCCURRENCE. EMPLOYER YESCAS, WARCOS ANTONIO 77818 CALLE COLIMA LA QUINTA CA 82253 :Tj [BIV,SP] aiEv.e•mtsl PRINTED : 03-15-2011 ACERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 90 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN, THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that N STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the fallowing Named Insured as shown below: NAMED INSURED: MARCOS YESCAS 77615 CALT-E COLIMA LA QU,T,NTA CA 92253 ADDRESS OF NAMED INSURED: POLICY NUMBER 200 0300-E12-55C EFFECTIVE DATE 1.1„-1.2-10 OF POLICY 05-12-1,1. 06 FORD F250 SD OF PICKDESCRIPTION FTSW21.R96EA22654 IFTSW2 VEHICLE (Including VIN) LIABILITY COVERAGE ® YES ❑ NO ® YES N NO 13 YES ❑ NO N YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person $ 1MM Each Accident $ 1MM b. Property Damage Each Accident $ 1MM c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES N YES ❑ NO N YES ❑ NO 0 YES ❑ NO ❑ YES ® NO a. Comprehensive $ 300-00 Deductible $ 500-00 Deductible $ 0.00 Deductible $ Deductible N YES ❑ NO EYES ❑ NO N YES ❑ NO ❑ YES ENO b. Collision $ 500.00 Deductible $ 500.00 Deductible $ 0.00 Deductible $ Deductible LOYERSNO.OWNED ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO CARLIABILITY COVERAGE CAR HIRED ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO COVERAGE FLEET -COVERAGE FOR ALL AND LICENSED ❑ YES I ❑ NO JOYES NO ❑ YES ❑ NO J ❑ YES ❑ NO rmoT R EHICLES ZU _ Name and Address of Certificate Holder FORD MOTOR CREDIT -LIEN INSURAb CENTER P.O. PDX 39091.0 MINNEAPOLIS MN 55439-0910 permanent Certificate of Insurarrm for liability coverage. 24 03/15/2011