Loading...
2014 Pacific West Industries - Maint. Improv & City Hall HVAC Project 2013-13BSECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Pacific West Industries, Inc.,. herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for City Project No. 2013-13B, Citywide Preventative Maintenance Improvements, City Hall Building HVAC System 1 and 2 Replacement, in the City of La Quinta, California pursuant to the Invitation to Bid, dated January 2014, the project Specifications, and Contractor's Bid, dated February 2014, 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 30 Calendar Days from the date of the Notice to Proceed. 5. In. consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or. unit prices stated in the Contractor's Bid', the base consideration (Ninety -Eight Thousand Dollars and Zero Cents) ($ 98,000.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. 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. 7. 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, Contract 1300-1 J 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 agreement 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 1300-2 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. 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. 8. 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 written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. 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. 9. 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. 10. 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 Contract 1300-3 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. 11. This Contract shall not be assignable by Contractor without the written consent of City. 12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 13. 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. 14. Contractor certifies that it is the holder of any necessary California State 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 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. 16. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 17. 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. 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. ***The remainder of this page is left intentionally blank*** Contract 1300-4 t IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California municipal corporation D. - 1 21111 _ 11 X `. ATTEST: S�4� Dated: ZO1 Susan Maysels, City ark Dated: "CONTRACTOR" (If corporation, affix seal) Dated: NI'71oltJ4 By: sigre Name: &VI IV Ot4UAU)t Title: print name Address: -6 CJ street address city state zip code Dated:l Name: print name By: Titl Address: L/ Dg 6. L4�"o4 l W �W 7 street address city state zip code Contract 1300-5 Bond 4PB11510701500 SECTION 1310 Premium: $3,675.00 FAITHFUL PERFORMANCE BOND Final pPGiY11UlY1 mount is based upon actual final KNOW ALL MEN BY THESE PRESENTS: contract price THAT the City of La Quinta, a municipal corporation,, hereinafter designated the City, has, oil March 4, 2014, awarded to. Pacific West Industries, Inc., hereinafter designated as the Principal, a Contract for City Project No. 201.3-13.6, Citywide Preventative Maintenance Improvements, City Hall Building HVAC System 1 and 2 Replacement and.: WHEREAS, :said Principal is requited" u der -the terms of said Contract to furnish a bond for the faithful. performance .of said Contract: NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity Insurance Company , as Surety, are held and firmly bound unto the City in the just and full amount of Ninety -Eight Thousand pollars :and Zero Cents 09$ Oo0.001 Lawful ,money of the United States., for the payment of which sum well and. truly to be. made,: we bind :oursel:ves, 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 performthe 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 thetime 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 stipula"ted,. then this obligation shall become null and: void.; otherwise. it shall be. and re:main.;in full 'force and virtue.. It is acknowledged that the Contract 'provides for one-year guarantee period, during which .time this bond remains in full force and effort. And the said Surety; for value received; hereby .stipulates: and agrees that no change, extension of time, alteration, or addition to the: terms of. the Contract or to the work to be performed thereunder or th:especifications. accompanying the same shall,:in any way, affect its -obligations on this bond, and itdoes hereby 'Waive notice .of any such change, extension of time, alteration, .or .addition to the terms of the.:Cantract or to the work or to the specifications. :Said Surety hereby` waives the provisions of Sections 281.9 and 2845 of the Civil Code of the State of California. Falthful Performance Bond 1.3 f o- l y IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their Corporate -seals this 17th day of March , 2014, 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.. Pacific West Industries, Inc. Principal (Seal) Signat r for Principal Title of • a Philadelphia Indemnity Insurance Company Surety (Sea`T Signa or :Su ty Steven A. Swartz, Attorney -in -Fact Title of Signatory 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 Address :of .Surety 626-639-1321 Phone # of Surety Priscilla Yamakawa Contact Person for Surety Faithful Performance. Bond 7310=2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 18, 2014 before me, Lorie Mandel, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Robyn Marquardt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(m) is/1AY&subscribed to the within instrument and acknowledged to me that ho/she/t ey executed the same in his/her/their authorized capacity(i, LORIE MANDEL and that by his/her/ftk signature(g) on the instrument the person(f&), or the entity upon behalf of which the person(g) Comm# 1914673 instrument. ln v! NOTARY MUG-CAUf0RNIA acted, executed the Nly MYCat°t� EXP DBc .20114of 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 girld official sea Signature Place Notary Seal Above Sign. ure of Notary Public 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: Faithful Performance Bond #PB11510701500 Document Date: March 17, 2014 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual 2 Corporate Officer —Title(s): Corporate Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Pacific West Industries, Inc. Signer's.Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-600-376-6&<.7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2014 before me, Lorie Mandel, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Steven A. Swartz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is/'AM subscribed to the within instrument and acknowledged to me that he/gI49149V executed the same in his/)4VMXauthorized capacity(kxs , MANDEL and that by his/Dt194Ksignature(X) on the instrument the person(g), or the entity upon behalf of which the person(&) CoMIF 1914573 LeLORIE NOTARY PUBLIC-CALIFORNA 01 acted, executed the instrument. ORANY comet. EExr D10 8 ,1014 ~ i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hW and official sea[ Signature Place Notary Seal Above Signature of Notary Public 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: Faithful Performance Bond #PB11510701500 _ Document Date: March 17, 2014 Number of Pages: Signer(s) Other Than Named Above: None _ Capacity(ies) Claimed by Signer(s) Signer's Name: Steven A. Swartz ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner — ❑ Limited ❑ General C Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Philadelphia Indemnity Insurance Company Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: :J�JC(i`�.-�`_ti�-`�`ti'`�:�'`-r'�G`.t%G'�rt').`�"�'%C:��v^E=!`�>��^�`i=%�i"��£5�.n`�i'Z`�E.."��?�G��i`u'_`C+.'�__`�V`l�;sZ`��_'`_ n"C+}c..'�'�_v`�l�` ?L`• CeD 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 2981 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St, Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint I Kevin R. Cathcart, Steven A. Swartz, Kelly Specht, Lorie Mandel, and Nicki Swartz, Michael Herranen and Thomas C. Buckner of the City of San Clemente, State of California I its true and lawful Attomey(s) in fact with full authority to execute on its bebalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceedS5,000,000.00 j This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority.given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimhle seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7"' DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this Th day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. MNlOtiW 6N. OF PENN81fL�rAMA NOTAR1AtiS! DANIM E PORATH Notary��PuuCblo -r Lovm .Mon T1.20 ca16 rI i0 /l! Notary Public: residing at: Bala Cynwyd PA (Notary Seal) My commission expires: March 22 2016 L Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 4- �= day of I 1. i Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary ` PHILADELPHIA INDEMNITY INSURANCE COMPANY Bond #PB11510701500 Premium: Included SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a .municipal corporation, hereinafter designated the City, has on March 4, .2014, awarded to Pacific West Industries, Inc., hereinafter designated as the Principal, a Contract for City Project Na. 2013-1311, Citywide Preventative Maintenance Improvements, City Hall Building HVAC System 1 and 2 Replacement. 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 One, ,or f.or,: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, th-e Princlpal', and Philadelphia Indemnity Insurance Company as Surety.;, are held and `firmly bound unto the City in the just: and: full amount of Ninety -Eight Thousand Dollars and: Zero Cents i$98,000:oU}. I;awful :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 CQNb1TION` OF THIS OBLIGATION IS. SUCH, that if said Principal, it or its heirs; executors, .administrators, successors,: or assigns, shalt 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 Uneinpl.oyment Insurance Actwith respect to::such work or labor, or for any amounts due, or to be. withheld pursuant to Sections 1.8806 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 flees 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 31.81 :of the Civil Code of the State. of, California so as :to give a right of action to them, or their assigns in any suit brought upon this bond. -And the said :Surety, for value received,, hereby stipulates. and agrees that. no change; extension of time, alteration, or addition. -of the terms of the Contract or to the, Work . to be performed thereunder'.or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of :any change, extension of time, alteration, or addition to the terms of .the 'contract or to.the work or to, the specifications:: Said Surety .hereby waives the provisions. of Sections 2819and .2845 of the Civil Code of the State .of California. Payment Bond 13204 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their Corporate seals this 17th .day of March 2014, 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. Pacific West Industries, Inc. Principal (SeaO Signat . e for .Principal Title of Signatory Philadelphia Indemnity Insurance Company Surety .(Seal) Signa re for Surety Steven A. Swartz, Attorney -in -Fact Title -of Signatory 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Phone # of Surety Priscilla Yamakawa Contact Person. for Surety Payment Rond I aw- . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On March 18, 2014 before me, Lorie Mandel, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Robyn Marquardt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is/XW subscribed to the, within instrument and acknowledged to me that he/she/t w4 executed the same in his/her/their authorized capacity(, and that by has/her/ftk signature(g) on the instrument the LORIE MANDEL person(k), or the entity upon behalf of which the person() �) No omml 91A45a733 acted, executed the instrument. TAWORANGE COUNTY *,MY Comm. UP. QEc. 24, 2014 I certify under PENALTY OF PERJURY under the laws of ^�^ the State of California that the foregoing paragraph is true and correct. Witness my ha an official seal. Signature Place Notary Seal Above Signature of Notary ublic 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: Payment Bond #P131-1510701500 _ Document Date: March 17, 2014 Number of Pages: Signer(s) Other Than Named Above: None _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual 2 Corporate Officer — Title(s): Corporate Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Pacific West Industries, Inc. Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item ##5907 Reorder: Call Toll -Free 1-800-876-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On March 17, 2014 before me, Lorie Mandel, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Steven A. Swartz Name(s) of Signer(s) LORIE MINE v/ AYPBCRNO ULICALWONIA W ORANGE COUNTY MY COMM. EXP. DEC. 24, 2014 who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) isAiM subscribed to the within instrument and acknowledged to me that he%ba kJa y executed the same in his/I%X/1Wxauthorized capacity(k", and that by his/h?9WW)tsignature(tf) on the instrument the person(,k), or the entity upon behalf of which the person(A) 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 han and official seal. • Signature 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: Payment Bond #PB11510701500 _ Document Date: March 17, 2014 Number of Pages: Signer(s) Other Than Named Above: None _ Capacity(ies) Claimed by Signer(s) Signer's Name: Steven A. Swartz ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General 2 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is. Representing: Philadelphia Indemnity Insurance Company Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s) _ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Solo Ave., P.O.1:3ox 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-8766827 2982 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St, Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint I Kevin R. Cathcart, Steven A. Swartz, Kelly Specht, Lorie Mandel, and Nick! Swartz, Michael Herranen and Thomas C. Buckner of the City of San Clemente, State of California I its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed ,,$5,000,000.00 j This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given, And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFDtid D BY ITS AUTHORIZED OFFICE THIS 77" DAY OF FEBRUARY 2013. r (Seal) ,,'... „<.<.:. � o Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7 s day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. CAM OtdN16Al. .0.MWW-%VLVAWA NOTARIAL: SEAL= ... DANIELLEPORATH. NafaryPublic LoymmeticnT ,m Ccu� Corn iat reaMet� 20t6 Notary Public: residing at: Bala Cynwyd. PA (Notary Seal) My commission expires: March 22, 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power ofAttorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day off YvTriT''* I, ''. Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary_ x 1.92..i PHILADELPHIA INDEMNITY INSURANCE COMPANY g a >•k 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." ��rpwjtt k� Title a 1 Date Workers Compensation Insurance Certificate 1330-7 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION 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, Liability and Insurance Requirements 1340-1 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 requirementsimposes 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. 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 Liability and Insurance Requirements 1340-2 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.. Limits shall be no less than One Million Dollars ($1;000,000) per occurrence for all covered losses and no less than Two Million Dollars ($2,000,000) general aggregate. Liability and Insurance Requirements 1340-3 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. C. 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 1 (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 provision providing primary coverage for liability not covered by primary but covered by the umbrella. 'Self -insured retentions are not permitted. 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. Liability and Insurance Requirements 7340-4 Insurance procured pursuant to these requirements shall -be written by insurers that are authorized 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 Commercial General Liability coverage required herein to include as additional insureds City, 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 Contract 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. 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 Liability and Insurance Requirements 7340-5 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. 7. 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 written 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 way 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 Liability and Insurance Requirements 1340-6 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. 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 Liability and Insurance Requirements 1340-7 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, if any are 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: Frank J. Spevacek, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Liability and Insurance Requirements 1340-8 10VV g­10' AC.O,r�,O® �� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 11/0712o13 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 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) roust be endorsed. 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). PRODUCER Pynn insurance Agency, LLC 42103 Rio NedD Unit 107 Temecula CA 92590 CONTACT Mari Drewry PHONE FAX E <I), (951) 239-0038 L/C tic. (951) 296-9929 nooREss: Mad@pynil nstiranceagency.com IirSURER(5) AFFORDING COVERAGE HAIC it INSURER A:AmTrusl International Underwriters, Ltd. INSURED PACIFIC WEST INDUSTRIES, INC 4085 E LA PALMA AVE STE B ANAHEIM CA 92807-1702 INSURER B : INSURERc- National Union Fire Ins. Co. of Pittsburgh, PA. INSURERD: INSURER E: 1 INSURERF., COVFR41117S CFRTIFiCATE NUMBER: REVISION NUMBER: THIS 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 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE L AUUILTR )i POLICY EFF MMIDDIYYYY POLICY EXP rAMIDOIYYYY LIMITS A GENERALUABILITY X COMMERCIAL GENERAL LiAB CLAIMS.MADE OCCUR Y Y XN193207301 11101/2013 11101/2014 EACH OCCURRENCE S 1,000,000 -DAWAGE'UREFTI'M PREMISES 100,000ILITY S MED EXP (Any ano person) S 5,000 PERSONAL& ADV INJURY S 1,000,000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X1 POLICY ngwi El tooI PRODUCTS -COMPIOPAGO S 2,000,000 S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTNOROWNED _ HIREDAUTOS AUTOS COrABINEO SINGLE LIMIT IEnncctderA) S BODILY INJURY (Por parson) S BODILY INJURY (Par occkleni) S PPRoOPERTY D AGE 5 S C X UMBRELLALIAB EXCEssUAB OCCUR CLAIMS -MADE EBU-023518230 1110112013 11/0112014 EACH OCCURRENCE S 1,000,000 AGGREGATE S 1,000,000 DED RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIE'TOFWARTNERIEXECUTNE ❑ OFFICEMMEMBER EXCLUDED? (Mandatory in NH) U yos, describe under DESCRIPTION OF OPERATIONS below NIA WC5TATU• OTH- lMJIS E.L. EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE- POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Allach ACORO101,Addillonal Ramarks Schoduto,lrmoroepacnieraqulrad) City of La Quinta Is named Additional Insured per the attached endorsement *130 Day Notice of Cancellation shall be afforded the Certificate Holder" City of La Quinta P.O. Box 1604 La Quinta, CA 92247 25 (20101051 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c.Y OAa C 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 112/12/2013 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ROTHSTEIN INSURANCE AGENCY 1833 Portola Road Ste A2 Ventura, CA 93003 PHONE KC, No Ext: 805 648-6595 FAX No): (805) 435-1599 ADDRESS: barry@ rinsurance . net INSURER(S) AFFORDING COVERAGE NAICS License#:OE68747 INSURER A: Hartford Casualty Ins. Co. INSURER B: INSURED Kevin Marquardt Pacific West Industries, Inc. INSURER C: 4085 E . La Palma Ave . , Suite B INSURER D: Anaheim, CA 92807 714 630-4440 1 INSURER E: INSURER F: -----"-"'--"' rNCVIJIIJIV IVUn/IDr—M. THIS 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 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL S lJaR LTR INSR WVD POLICY NUMBER (MM/DDIYYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS -MADE D OCCUR MED EXP (Anyone person) $ PERSONAL BADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOG $ AUTOMOBILE LIABILITY Ea accident $ ANYAUTO BODILY INJURY (Per person) $ ALLOWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND WC STATU OTH- X EMPLOYERS' LIABILITY Y/N TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER N/A 72WECEQ3302 1/17/2013 1/17/2014 EXCLUDED? (Mandatory in NH) If yes, describe under E.L. DISEASE- EA EMPLOYEE $ 1,000,000 DISEASE -POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS below IE.L. IT DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (AftachACORD 101,Additional Remarks Schedule, if morespaceis required) Proof of Insurance City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY,: PROVISIONS AUTHORIZED REPRESENTATIVE (9 1988-2010 ACORD CORPORATION. All rights reserved. ACORD25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: XN103207301 COMMERCIAL GENERAL LIABILITY NXGL1890511 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. D. The following are added to SECTION V — DEFINITIONS: "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. E. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. 2. Waiver of Subrogation 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 "you work" done under a contract with that person or organization. NX GL 189 05 11 Page 2 of 2 Includes copyrighted material.of Insurance Services Office, Inc., with its permission -mai-1a 14.1.2i34p PA CERTIFICATE OF INSURANCE. SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE: HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE •TERMINATED: WITHOUT GIVING W 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 COVERA'G'E PROVIDED BY ANY POLICY DESCRIBED BELOW: _ This certifies that; STATEFARM MUTUALAUTOMOBILE INSURANCE'COMPANY of Bloomington, Illinois - STATE FARM FIRE AND.OASUALTY COMPANY'of gh ...gtort. Illinois [] STATE FARM COUNTY MUTUALINSURANCE COMPANY OF TEXAS of Dallas, Texas or STATE FARM INDEMNITY COMPANY -of Bloomington, lllinois has coverage in force for the following Named Insured -as shown below: NAMED INSURED Pacific West- industries INC_. ADDRESSOFNAMED.1'NSURED:, 4085 E. La: Palma .Ave S.te,33 Anaheim, CA 92807. POLICYNUMBER 245 8088-F01-55 :. 234:6785 F01.55 EFFECTIVE DATE, OF POLICY _. 12/01f 13.-06/0_/14 11/01/13-05/01/`14 :. 77 DESCRIPTION OF 11 Che-,t Silver"ad: 08 Chevy Express VEHICLE (Including VIN). 1GB0CVCG4BF158d34 1GCGC-25Rk81229=.62 LIABILITY COVERAGE . ®:YES : ❑ NO :. ®-YES ❑; NO ❑. YES ❑ NO: E] YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each. Person, $100000.0 $100.000 Each Accident s000.000 $1000000 b: Property Damage - Each Accident $ og0o;0o S1000000. c. Bo.dily Injury & Property Damage Single Limit: . Each.Accident - PHYSICAL DAMAGE YES - ❑ NO ® YES ❑ NO ❑ YES ❑ NO ❑YES ❑! NO COVERAGES a. Corn rehenslve. $' 10oo Deductible. $ 1000 Deductible $ ;:Deductible $ Deductible Z'YES ❑ ND YES ❑ NO ❑YES ❑ NO ❑:YES [].NO b. Collision $.:1p00. _ Deductible $ 1000 Deductible:: $ Deductible $ Deductible EMPLOYERS NON -OWNED CAR LIABILITY COVERAGE. YES ❑ 1V0 ® YES [:]NO.. . ❑ YES ❑ NO ❑'YES. ❑ NO HIRED CAR LIABILITY COVERAGE YES . ❑ NO YES ❑` NO ElYES ElNO- DYES ❑ NO FLEET -COVERAGE'FOR ALL OWNED AND LICENSED YES:.❑❑ NO C] YES ❑ NO .. ❑,YES ❑ NO E1,YES _ El NO MOTOR.VEHICLES. 114 AGENT 55 8317 03/184 Signature of Authorize.' Representative Title Agent s Code. Number Date Name and Address of Certificate Holder Name and Address of Agent: - Citv of La Quirita Sz:-Le Fare insurance �"�ea Kea 7$N�5 1�f1�(�G 1 QIW��Cn7 Marty Mi_1er La QLir_ta, CFI 442 �-_-• - 2567 Camino.Lel:Fio S.o.4 1L2 -. 2263 San:Diego, Ca 92308 INTERNAL STATE FARM USE ON..LY, . ❑:Request permanent Certificate oF,Insurance::fo*r. Iia i b .ityi.coverage. . . . d `1224N.2 Rev: 0&t0-2004 'Request Cerbficate.Holderao be added as an Additional Insure a