2019 Benold Construction Co, Inc - Tampico Guard Rail Improv Project 2019-14ta Qa�fra
— GEM of rbr DESERT —
MEMORANDUM
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Management Assistant
DATE: October 15, 2019
RE: Calle Tampico at Park Avenue Guard Rail Improvements, Project No.
2019-14
Attached for your signature is the agreement with Benold Construction Co., Inc. for
the above -mentioned project.
Please sign the attached agreement(s) and return to the City Clerk for processing
and distribution.
Reguesting_department shall check and attach the items below as
appro riate•
X Contract payments will be charged to account number: 401-0000-601 1914-CT
X Amount of Agreement, Amendment, Change Order, etc.: $31,000
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is
attached with
no reportable interests in LQ or reportable interests
N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this
Consultant does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is Lased upon:
N/A Approved by the City Council on
X City Manager's signature authority provided under Resolution No. 2019-021 for budgeted
expenditures of $50,000 or less. This expenditure is $31,000 and authorized by Director
CInitial to certify that 3 written informal bids or proposals were received and considered in
selection
The #ollowina required documents are attached to the agreement.
X Insurance ce tifi tes as required by the agreement (approved by Risk Manager on
date)
X Performance bonds as required by the agreement (originals)
City of La Quinta Business License number
X A requisition for a Purchase Order has been prepared (amounts over $5,000)
X A copy of this Cover Memo has been emailed to Finance
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and BENOLD CONSTRUCTION CO., 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 Project No. 2019-14, Calle Tampico at Park
Avenue Guard Rail Improvements in the City of La Quinta, California pursuant
to the Invitation to Bid, dated August 2019, the project Specifications, and
Contractor's Bid, 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 10 working days from the
date of Notification to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as
shall be approved by the City Engineer at lump sums and/or unit prices stated in
the Contractor's Bid, the base consideration Thirty -One Thousand Dollars and
Zero Cents ($31,000.00). All payments shall be subject to approval by the City
Engineer and shall be in accordance with the terms, conditions, and procedures
provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate
for per diem wages, as determined by the State of California Department of
Industrial Relations and referred to in the Invitation to Bid, to any workman
employed for the work to be performed under this contract; and the Contractor
shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for
each calendar day, or fraction thereof, for such workman paid by him or by any
subcontractor under him in violation of this provision (Sections 1770-1777, Labor
Code of California).
Contract 1300-1
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful
bidder shall pay not less than the prevailing rate of per diem wages as determined
by the Director of the California Department of Industrial Relations. These wage
rates are available from the California Department of Industrial Relations' Internet
website at htto:llwww.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or
subcontractor may be awarded a contract for public work on a public works project
unless registered with the Department of Industrial Relations at the time the
contract is awarded. Contractors and subcontractors may find additional
information for registering at the Department of Industrial Relations website at
http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be
listed on a bid proposal for a public works project submitted on or after March 1,
2015 unless registered with the Department of Industrial Relations. Furthermore,
all bidders and contractors are hereby notified that no contractor or subcontractor
may be awarded, on or after April 1, 2015, a contract for public work on a public
works project unless registered with the Department of Industrial Relations.
Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this
project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
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 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;
Contract 1300-2
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. 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.
Contract 1300-3
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.
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 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.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer,
workman, or mechanic employed in the execution of this Contract by said
Contractor, or any subcontractor under it, upon any of the work herein mentioned,
for each calendar day during which such laborer, workman, or mechanic is required
or permitted to work at other than a rate of pay provided by law for more than 8
hours in any one calendar day and 40 hours in any one calendar week, in violation
of the provisions of Sections 1810-1815 of the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its
business it does not deny the right of any individual to seek, obtain and hold
employment without discrimination because of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, sex or age as
provided in the California Fair Employment Practice Act (Government Code Sections
12900, et seq.) Contractor agrees that a finding by the State Fair Employment
Practices Commission that Contractor has engaged during the term of this Contract
in any unlawful employment practice shall be deemed a breach of this Contract and
Contractor shall pay to City $1,607.00 liquidated damages for each such breach
committed under this contract.
Contract 1300-4
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.
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.
Contract 1300-5
IN WITNESS WHEREOF, the parties have executed this Contract as of
the dates stated below.
Dated: W q
"CITY"
CITY OF LA QUINTA
a California municipal corporation
By: _ ~
KARLA ROMERO, Acting City Manager
City of La Quinta, California
ATTEST:
Dated:
Monika Radeva, City ClerV
APPROVED AS TO FORM:
r �7
ed: d
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
"CONTRACTOR"
(If corporation, affix
Dated: C, �1 B
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Name: 6 4C Titl /�
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Dated: /G 11 C) 1 G
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City State Zip Code
Street Address City
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Title:
State
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Contract 1300-6
Bond No. 5275912
Premium: $775.00
Premium is for contract term and subject to
adjustment based on final contract amount
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated
the City, has, on September 12, 2019, awarded to Benold Construction Co., Inc.,
hereinafter designated as the Principal, a Contract for Project No. 2019-14, Calle
Tampico at Park Avenue Guard Rail Improvements and:
WHEREAS, said Principal is required under the terms of said Contract to
furnish a bond for the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and SureTec Insurance Company, as
Surety, are held and firmly bound unto the City in the just and full amount of
Thirty -One Thousand Dollars and Zero Cents ($31,000.00) lawful money of
the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or
its heirs, executors, administrators, successors, or assigns, shall in all things stand
to and abide by, and well and truly keep and faithfully perform the covenants,
conditions, and agreements in the said contract and any alterations made as
therein provided, on his or their part to be kept and performed, at the time and in
the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless, the City, its officers and agents
as therein stipulated, then this obligation shall become null and void; otherwise it
shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for one-year guarantee period,
during which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition to the terms of the Contract or to
the work to be performed thereunder or the specifications accompanying the same
shall, in any way, affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration, or addition to the terms of
the Contract or to the work or to the specifications. Said Surety hereby waives the
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
Faithful Performance Bond 1310-1
Bond No. 5275912
IN WITNESS WHEREOF, the Principal and Surety have executed this
instrument under their hands and seals this 1st day of October, 2019, 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.
Benold Construction Co., Inc.
Principal
(Seal)
B
Sig re for Principal
C69U
QIle"of Signatory
(Seal)
B 1
Signature for Sure Brooke Lafrenz
Attorney -in -fact
Title of Signatory
3131 Camino del Rio North, #1450, San Diego, CA 92108
Address of Surety
619-400-4031
Phone # of Surety
Evan Debow
Contact Person for Surety
Faithful Performance Bond 1310-2
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On 01 October 2019
before me, Audrey Rodriguez, Nota!y Public ,
( ere insert name and titletle officer)
personally appeared Brooke Lafrenz
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their 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 California that
the foregoing paragraph is true and correct.
WITNESS m hand and official seal.
Notary Publi ignat (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
f] Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version wvAu.NotaryClasses.com 800-873-9865
AUDREY RODRIGUEZ
Notary Public - California Z
San Diego County a
Commission p 2252940
My Comm. Expires Sep 2, 2022
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknohsedgents from
other states may be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California notary law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
lie/she/Eke�-- is /aie ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document,
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
POA #, 510143
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Audrey Rodriguez
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Fifteen Million and 00/100 Dollars ($15,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`t' of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 15th day of May , A.D. 2018 .
.I SURETEC(!!' CE ANY
RANc.Q.
r x 19 . t By:
cc ' aF John Kr Jr., C
State of Texas ss_ :• t �.: _
County of Harris
On this 15th day of May , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say,
that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
XENIA CHA.VEZ
NotaryPublic, State of Texas
Ccmn . Expires 09-10-2020 4{
^{,��,� Notary ID 129117659 lY
Xe avez, Notary Public
JW commission expires September 1 , 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
ST
Given under my hand and the seal of said Company at Houston, Texas this 1 day of OBER 2019A.D.
. SrehtBeaty, Assۤtans Secrets
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 6:00 pm CST.
Bond No. 5275912
Premium: Included in Performance Bond
Premium
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 September 12, 2019, awarded to Benold Construction Co., Inc.,
hereinafter designated as the Principal, a Contract for Project No. 2019-14, Calle
Tampico at Park Avenue Guard Rail Improvements.
WHEREAS, said Principal is required to furnish a bond in connection and with
said Contract, providing that if said Principal, or any of it or its subcontractors shall
fail to pay for any materials, provisions, or other supplies used in, upon, for, or
about the performance of the work contracted to be done, or for any work or labor
done thereon of any kind, the Surety of this bond will pay the same to the extent
hereinafter set forth:
NOW, THEREFORE, we, the Principal, and SureTec Insurance Company, as
Surety, are held and firmly bound unto the City in the just and full amount of
Thirty -One Thousand Dollars and Zero Cents ($31,000.00) lawful money of
the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or
its heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the
performance of the work contracted to be done, or for any work or labor thereon of
any kind or for amount due under the Unemployment Insurance Act with respect to
such work or labor, or for any amounts due, or to be withheld pursuant to Sections
18806 of the Revenue and Taxation Code of the State of California with respect to
such work or labor, then said surety will pay the same in or to an amount not
exceeding the amount hereinabove set forth, and also will pay in case suit is
brought upon this bond, such reasonable attorney's fees to the City as shall be
fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and
corporations named in Section 3181 of the Civil Code of the State of California so as
to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition of the terms of the Contract or to
the work to be performed thereunder or the specifications accompanying the same
shall, in any way, affect its obligations of this bond, and it does hereby waive notice
of any change, extension of time, alteration, or addition to the terms of the contract
or to the work or to the specifications. Said Surety hereby waives the provisions of
Sections 2819 and 2845 of the Civil Code of the State of California.
Payment Bond 1320-1
Bond No. 5275912
IN WITNESS WHEREOF, the Principal and Surety have executed this
instrument under their hands and seals this 1st day of September, 2019, 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.
Benold Construction Co., Inc.
Principal
r (Seal)
Y�
5 n ture for Principal
SureTec Insurance Compan
Surety
(Seal)
B
Signature for Surety Brooke Lafrenz
Attorney -in -fact
Title of Signatory
3131 Camino del Rio North, #1450, San Diego, CA 92108
Address of Surety
619-400-4031
Phone # of Surety
Evan Debow
Contact Person for Surety
Payment Bond 1320-2
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On 01 October 2019
before me, Audrey_Rodriguez, Notary Public ,
I ara Insert napnE and hpe at the officer)
personally appeared Brooke Lafrenz
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their 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 California that
the foregoing paragraph is true and correct.
AUDREY RODRIGUEZ
,+ '.4
V11[TN SS my h CI and official seal. Notary Pubec Califyrnia =
Z `J San Diego Count D
Z 0�i uY� Commission q 2252940
My Comm. Expires Sep 1, 2022
Notary Public Sig1ture
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
121 Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version wvm.NotaryCIasses, corn 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknohvedgenis from
other states may be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California notary Imv.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization
• Indicate the correct singular or plural forms by crossing off incorrect forms (Le.
lie/she/4iey- is /afe ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date,
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary),
• Securely attach this document to the signed document with a staple.
POAV: 510143
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents
make, constitute and appoint
Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Audrey Rodriguez
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Fifteen Million and 00/100 Dollars ($15,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'j' of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 15th day of May , A.D. 2018 .
�UIRAA(
SURETEC CE ANY
tier. . o
By:
w nl John Kr Jr., C
sc : g z1 9
State of Texas ss: ass
County of Harris--•••�'
On this 15th day of May , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say,
that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
XEMA
9.
. :• „� tJotary Public, State of Texas
/ Y Ccmn1. Expires 09-10-2020
Notary iD 129117659
A
avez, Notary Public
commission expires September I , 2020
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
ST
Given under my hand and the seal of said Company at Houston, Texas this 1 day ofOBERs 209 A.D.
. BrdhttUeaty, AsAitaut Secrete
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 6:00 pm CST.
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."
Sig ature
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Workers Compensation Insurance Certificate 1330-1
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, occupations, acts,
omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and
(5).
Liability and Insurance Requirements 1340-1
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
.. A.J:&.:.. ..1 .. L.I: .. �:.. !`:4. ..� .II .�c+- — - .-k,— nF �-- ri�hf-r
allUILlonal obligations on Lily and will iII iw vYay a1.L aJ a vvaIvc1 vi idly IiyIiLO
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 to the work prior to its
completion and acceptance.
Liability and Insurance Requirements 1340-2
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 Insurance
Prior to the beginning of and throughout the duration of this Agreement, the
following policies shall be maintained and kept in full force and effect providing
insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$5,000,000 (per occurrence)
$5,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Liability and Insurance Requirements 1340-3
Personal Auto Declaration Page if applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability
insurance against all claims for injuries against persons or damages to property
resulting from Contracting Party's acts or omissions rising out of or related to
Contracting Party's performance under this Agreement. The insurance policy
shall contain a severability of interest clause providing that the coverage shall
be primary for losses arising out of Contracting Party's performance hereunder
and neither City nor its insurers shall be required to contribute to any such
loss. An endorsement evidencing the foregoing and naming the City and its
officers and employees as additional insured (on the Commercial General
Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services
hereunder.
Contracting ] liability ;nt llemm- of&Irvvv,merlU raty shall carry automobile iviiL 111ouiu11�- F vvv F' accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Contracting Party, its officers, any
person directly or indirectly employed by Contracting Party, any subcontractor
or agent, or anyone for whose acts any of them may be liable, arising directly
or indirectly out of or related to Contracting Party's performance under this
Agreement. If Contracting Party or Contracting Party's employees will use
personal autos in any way on this project, Contracting Party shall provide
evidence of personal auto liability coverage for each such person. The term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or
semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage
shall be primary for losses arising out of Contracting Party's performance
hereunder and neither City nor its insurers shall be required to contribute to
such loss.
Liability and Insurance Requirements 1340-4
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against
acts, errors or omissions of the Contracting Party and "Covered Professional
Services" as designated in the policy must specifically include work performed
under this agreement. The policy limit shall be no less than $1,000,000 per
claim and in the aggregate. The policy must "pay on behalf of" the insured
and must include a provision establishing the insurer's duty to defend. The
policy retroactive date shall be on or before the effective date of this
agreement.
Contracting Party shall carry Workers' Compensation Insurance in accordance
with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits
of any of the required polices are reduced; or (3) the deductible or self -insured
retention is increased. In the event any of said policies of insurance are
cancelled, Contracting Party shall, prior to the cancellation date, submit new
evidence of insurance in conformance with this Exhibit to the Contract Officer.
The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
2.3 Remedies
In addition to any other remedies City may have if Contracting Party fails to
provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Liability and Insurance Requirements 1340-5
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies
for Contracting Party's failure to maintain or secure appropriate policies or
endorsements. Nothing herein contained shall be construed as limiting in any
way the extent to which Contracting Party may be held responsible for
payments of damages to persons or property resulting from Contracting Party's
or its subcontractors' performance of work under this Agreement.
2.4 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party
1. Contracting Party agrees to have its insurer endorse the third -party 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 prior to 1992. Contracting Party also agrees to require
all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from
waiving the right of subrogation prior to a loss. Contracting Party agrees to
waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do
likewise.
3. All insurance coverage and limits provided by Contracting Party and available
or applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating
to City or its operations limits the application of such insurance coverage.
4. 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.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises.
Contracting Party 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.
Liability and Insurance Requirements 1340-6
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Contracting Party's general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. 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 Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contracting Party 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 City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Contracting Party, provide the same minimum insurance coverage required of
Contracting Party. Contracting Party 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. Contracting Party
agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured retentions
or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) 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 agreement to self -insure its obligations to City. If
Contracting Party'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 Contracting Party, which
may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting
Party ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contracting Party, the City will
negotiate additional compensation proportional to the increased benefit to
City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
Liability and Insurance Requirements 1340-7
13. Contracting Party acknowledges and agrees that any actual or alleged failure
on the part of City to inform Contracting Party 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.
14. Contracting Party 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 agreement. This obligation applies whether or not the agreement is
canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A coverage
binder or letter from Contracting Party's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured endorsement
as required in these specifications applicable to the renewing or new coverage
must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party
expressly agrees not to use any statutory immunity defenses under such laws
with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section
are not intended as limitations on coverage, limits or other requirements nor
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
limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to
be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with
or impairs the provisions of this Exhibit.
20. Contracting Party 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 Contracting Party for the cost of additional insurance coverage required
by this agreement. 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.
Liability and Insurance Requirements 1340-8