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Paul Gardner/Washington & Hwy 111 95SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City, and Paul Gardner Corporation, herein referred to as, "Contractor". WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall tarnish all necessary labor, material, equipment, transportation and services for PROJECT NO. 95-08, WASHINGTON STREET/HIGHWAY 111 INTERIM IMPROVEMENTS, in the City of La Quinta, California pursuant to the Invitation to Bid, dated November 6, 1995, the project Specifications, and Contractor's Bid, dated , 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 frames for construction work shall be in accordance with those specified in the Contractor's 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 eighty-four (84) consecutive 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 of $ One Hundred Fifty Thousand, Nine Hundred Seventeen dollars and 20/100 ($150,917.20), plus such additional amounts for adjustments to the estimated quantities contained in the Bidder's Schedule and for extra work covered by approved Change Orders, if any, as are provided for in the Specifications, which combined amount shall not exceed $150,917.20 without prior approval of the City Council and written amendment to this Contract. All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision .(Sections 1770-1777, Labor Code of California). 7. Conewrently 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. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or gperation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. The is agreement to indemnity includes, but is not limited to, personal injury (including death at any time) and damage to property (including, 1300-1 Agreemeat but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 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. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self- insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, 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 $500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 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 Quints. 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. Agreement 1300-2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, / / / a Califo is municipal cotpo�n f Dated: �7a 17` �S BY Glenda Bangerter, yor "CITY" ATT undra Juhola, City Clerk APPROVED AS TO FORM: City Attorney I *17ZULCZ L;;7 Ti 11,)Dated: BY:NamAtZD&l9Z Title: MFt5I17C'7UT Dated: BY Name: I'` M NOfsL� Title: S&i�—Zc3i''AIN "CONTRACTOR" (If corporation, affix seal) Agr eat 1300-3 SECTION 1330 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." PAUL- �A217MeZ CtIFZPMA7ipn� Name of Contractor M-1C Title 12-zz-95'' Date Worken' Compeasatioa ►nsurawe 1300-8 BOND NUMBER B1828561 PREMIUM: $1,811.00 EXECUTED IN TRIPLICATE SECTION 1310 I Will VIII i �iLL t t"I KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on December 5, 1995, awarded to Paul Gardner Corporation , hereinafter designated as the Principal, a Contract for PROJECT NO. 95-08,WASHINGTON STREETMIGHWAY 111 INTERIM 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 RELIANCE INSURANCE COMPANY , as Surety, are held and firmly bound unto the City in the just and full amount of One hundred fifty thousand, nine hundred seventeen and 201100 dollars ($150,917.20) 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 timer 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 terns 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. Faithfd Performance Bond - .1300.4 STATE OF CALIFORNIA l } SS. COUNTY OF RIVERSIDE J On DECEMBER 14, 1995 before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or 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 acknowl- edged 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. WITNESS my hand and official seal. Signature OPTIONAL ROSEMARY STANDLEY•= colaNlustoN #967459 O - Notary Public - C6111 mi _ ' ®! RIVERSIDE COUNTY C My Commi E>tpi 7. rw p DUNE ), 1996 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE($) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYaES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT IN WITNESS WHEREOF, the Principal and Surety have executed this instnanent under their seals this 14th day of DECEMBER 1995 , the name and corporate seal of each cotporate patty being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PAUL GA NER CORPOR N _ cipal (Seal) Signature for Principal r'AUL FZ &--AJ27j Ij?VZ J2 (Seal) P&PS i 1767JT Title of Signatory RELIANCE INSURANCE COMPANY ATTORNEY —IN —FACT Title of Signatory Faithful Performance Bond 1900.5 BOND NUMBER B1828561 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN TRIPLICATE SECTION 1320 KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on December 5 , 1995, awarded to Paul Gardner Corporation, hereinafter designated as the Principal, a Contract for PROJECT NO.95-08, WASHINGTON STREET/HIGHWAY 1111NTERIM IMPROVEMENTS, and WHEREAS, said Principal is required to famish 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 RELIANCE INSURANCE COMPANY , as Surety, are held and firmly bound unto the City in the just and full amount of One Hundred Fidty Thousand, Nine Hundred Seventeen and 20/100 dollars ($150,917.20) 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 1300-6 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE M DECEMBER 14, 1995 , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or 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 acknowl- edged 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. WITNESS my hand and official seal. Ik J&MAMM'"M —AZ"'WXYMA9 AA, K, ! !& OTM Y STANDLEY•=ION 7i967459 3uaic - CelitdnrSIOE COUNTY �irdseroR E�PvwNE 7, 1986 OPTIONAL This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-097 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 14th day of DECEMBER 1 19 95 , 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. PAUL GYNNER CORPOR P al (Seal) Signature for Principal P 4UL rZ A-nYZDNCeL �2 (Seal) M051rL-A51 Title of Signatory RELIANCE INSURANCE COMPANY Surety ATTORNEY —IN —FACT Title of Signatory Payment Bond 600-7 RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Michael D. Stong, Individually, of Riverside, California, its true and lawful Attorneylsl-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneylsl-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and lb) to remove any such Attorney(s)-in-fact at any time and revoke the power and authority given to them. 2. Attorneylsl-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certifiedby facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 30 day of September, 1993 W Ta STATE OF Washington COUNTY OF King Jss. On this 30 day of September, 1993 personally appeared to me known to be the Vice President of the RELIANCE INSURANtc"-1 4 foregoing instrument and affixed the seal of said corporaY ort Company,and the Resolution, set forth therein, are still in f= NOTARY a.,¢ pue 40 ,_3.16-07 , RELIANCE INSURANCE COMPANY Vice President Lawrence W. Cadstrom VY, and acknowledged that he executed and attested the l,that Article VII, Section 1, 2, and 3 of the By -Laws of said Notary Public in and for State of Washington Residing at Sumner I, Robyn Layng, Assistant Secretary of the RELIANCE IN �C� A do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIA A OMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 14th day of DECEMBER 1995 .xeus.wci� p, Assistant Secretary e aoa-1431 ta. 3re3 CERTIFICATE OF INSURANCE KLEND 00993 ISSUE DATE (MMIDDPr) 12 14 95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ?RIIS & COMPANY, INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3435 14TH STREET IIVERSIDE CA 92501 COMPANIES AFFORDING COVERAGE COMPANY A RELIANCE INSURANCE COMPANY LETTER COMPANY B NATIONAL CASUALTY COMPANY LETTER INSURED ?AUL GARDNER CORPORATION COMPANY C 301 SOUTH SULTANA AVENUE LETTER ?. 0. BOX 3730 COMPANY D **ISSUED IN 3 COUNTERPARTS** )NTARIO, CA 91761 LETTER COMPANY E LETTER .COVERAGES 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 HAVE BEEN REDUCED BYSPAID CLLAIMSEIN IS SUBJECT TO ALL THE TERMS, 3 LIMITS INSURANCE AFFORDED EXCLUSIIONS AND CONDITIONS OF SUCH POLNLrITHE :O ,TR TYPE OF INSURANCE POUCYNUMBER POUCYEFFECTIVE DATE (MMIDD/YY) POUCYEXPIRATION DATE (MMIDDNY) UNITS k GENERAL LIABILITY SJ2672092 6/30/95 6/30/96 GENERAL AGGREGATE S 2,000,00 PRODUCTS—COMP/OP AGO. S 2,000,00 OMMERCIAL GENERAL UABILLLY LAIMS MADE OOCCUR. PERSONAL S ADV. INJURY $ 1 Q O Q Q Q OWNERS 8 CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,00( CONTRACTUAL; FIRE DAMAGE (Any one fire) $ 50,00( XCU MED.EXP.(Anyone Penon) S 5,0001 3 AUTOMOBILE UABIUTY CA051754 6/30/95 6/30/96 COMBINED SINGLE ANY AUTO LIMIT $ 11000,000 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per Person) $ BODILY INJURY HIRED AUTOS NON—OWNEDAUTOS (Per..W.nq $ PROPERLY DAMAGE S GARAGE UABlUTY EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE S UMBRELLA FORM OTHER THAN UMBRELLA FORM STANDBY UMDS WORKER'S COMPENSATION S EACH ACCIDENT AND DISEASE —POLICY UMR S EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE IS OTHER DESCRIPTION OF OPERATIONS&OCATIONS/VEHICLES/SPECIAL ITEMS 2E: PGC95325; PROJECT #95-08, WASHINGTON STREET/HIGHWAY 111 INTERIM IMPROVEMENTS; FORM AIPRIMGC(10-95), CG2503(11-85), 2G2243 11-85 & CROSS SEV 10-95 ATTACHED HERETO CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOEPNOR 0- CITY OF LA QUINTA MAIL_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE THOMAS P GENOVESE, C/MGR LEFT, P O BOX 1504 r L eeM LA QUINTA CA 92253 \ ACORD 25•S(7/90) `' A"� ,ORU!ED REPRESENTATIVE _ I ��������fRA NT990 POLICY NUMBER: SJ2672092 COMMERCIAL GENERAL LIABILITY NAMED INSURED: PAUL GARDNER CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF LA QUINTA, CITY EMPLOYEES & OFFICERS, THE CITY ENGINEER, ITS CONSULTANTS, ELECTED OFFICIALS, AGENTS, & SUBCONSULTANTS INSOFARAS WORK DONE UNDER CONTRACT FOR PROJECT #95-08 IS CONCERNED RE: PGC95325; PROJECT 95-08, WASHINGTON STREET/HIGHWAY 111 INTERIM IMPROVEMENTS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. This insurance is primary with respect to the additional insured. Any other insurance available to that person or organization is excess and noncontributing. AIPRIMGC (10-95) POLICY NUMBER: SJ2672092 COMMERCIAL GENERAL LIABILITY NAMED INSURED: PAUL GARDNER CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. Name of Person or Organization: CITY OF LA QUINTA, CITY EMPLOYEES & OFFICERS, THE CITY ENGINEER, ITS CONSULTANTS, ELECTED OFFICIALS, AGENTS & SUBCONSULTANTS INSOFAR AS WORK DONE UNDER CONTRACT FOR PROJECT #95-08 IS CONCERNED RE: PGC95325; PROJECT #95-08, WASHINGTON STREET/HIGHWAY 111 INTERIM IMPROVEMENTS CG2503 (11-85) Copyright, Insurance Services Office, Inc. 1984 POLICY NUMBER: SJ2672092 COMMERCIAL GENERAL LIABILITY NAMED INSURED: PAUL GARDNER CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to "bodily injury", "property damage", "personal injury", or "advertising injury" arising out of the rendering or failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and 2. Supervisory, inspection, or engineering services. Name of Owner, Lessee or Contractor: CITY OF LA QUINTA, CITY EMPLOYEES & OFFICERS, THE CITY ENGINEER, ITS CONSULTANTS, ELECTED OFFICIALS, AGENTS & SUBCONSULTANTS INSOFAR AS WORK DONE UNDER CONTRACT FOR PROJECT #95-08 IS CONCERNED RE: PGC95325; PROJECT #95-08, WASHINGTON STREET/HIGHWAY 111 INTERIM IMPROVEMENTS Name of Engineer, Architects or Surveyors: CITY ENGINEER CG2243 (11-85) Copyright, Insurance Services Office, Inc. 1984, 1992 POLICY NUMBER: SJ2672092 COMMERCIAL GENERAL LIABILITY NAMED INSURED: PAUL GARDNER CORPORATION COMMERCIAL GENERAL LIABILITY FORM - CONTRACTORS (CG0001 ED.11-88) CROSS LIABILITY/SEVERABILITY OF INTEREST SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insured's b. Claims made or "suits" brought; or C. Persons or organization making claims or bringing "suits" (This clause is found on Page 7 of Form CG0001) (11-88) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 7. SEPARATIONS OF INSUREDS: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. (This clause is found on Page 9 of Form CG0001) (11-85) SCHEDULE Name of Person or Organization: CITY OF LA QUINTA, CITY EMPLOYEES & OFFICERS, THE CITY ENGINEER, ITS CONSULTANTS, ELECTED OFFICIALS, AGENTS & SUBCONSULTANTS INSOFAR AS WORK DONE UNDER CONTRACT FOR PROJECT #95-08 IS CONCERNED RE: PGC95325; PROJECT #95-08; WASHINGTON STREET/HIGHWAY I I I INTERIM IMPROVEMENTS CG2010 (11-85) Copyright, Insurance Services Office, Inc., 1984 CROSS/SEV (10-95) L�� P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION 1 N'S U R AN CIE FUND DECEME=R 19 I — CITY CIF LA GUI' P.O* fOX 15C4.'; LA ©UINTA CA`` 995 UN i T 0060051 JOE: IbTERIM.2111PROVE"RITS-= PROJECT 95-08 L PfiC 8953Z5. This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below forthe policy -period indicated. This policy is not subject to cancellation by the Fund except upon days' advance'written notice to the employer. 3C We will also give you AN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverageafforded by the policies listed herein. Notwithstanding any requirement, :term, or condition of any contract or other document with respect to which this certificate of insurance 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. PRESIDENT': EMFLOYfR•S LIMILI7Y LIMIT INCLUDING DEFENSE CGSTS: SIPOM000 PER OCCIIRBEAFCE ENDORSFMENT #005 ENTITLED ADDITIONAL INSURED EMPLGYER EFFECTIVE 12119155 IS ATTACHED TC AND FORMS A FAST OFTHISPCLICY. NA*PE,OF ADDITICNAL IMSURED: CITY Of LA'CUIRTA ENDORSEMENT A2C55 ENTITLED CERTIFICATE HOLDERS` AOTICE"EFFECTIVE 07101195 IS ATTACHED TC ANC FORMS A FART OF THIS PCLIC'Y. r PAUL CAR" EP CORPCRATIO# 9C1 S SULZAkA AVE#UE/P.C. BOX 373{ ONTARIO CA 91761 S A E CO t,4 P r-N SAT I ON I IV Scc U''Ra. N CE u P I `4�ty L.-a _ MOmE OFFICE SAN FRANCISCO •LL EFFECTIVE DATES ARE T 12:01 AM PACIFIC TANDARD TIME OR THE 'I.!E INDICATED AT ACIFIC STANDARD TI6:E I- DI_TONAL iNSURED EML?LOY-F - ENDORSEYENT AGREEN1ENT 20-00-35, E=::OBIT E F\:!riNG IN --IS POLICY TO THE CO2TP" `;OT�IIT:ST ?;D':; IT IS AGD ED T-r_-_T (N_ 2,-. OF _-.E•DITI02;:-L I\SU3BD E`L'LO c3• IS F.E_.E3Y Ni =D AS `; ADD_TION_? INS:y.._D _:? O —_- 0' _=._S FOLTCY BUT O`;TY __S P`SP=CTS E:[PLOYEESV-:JSE N.'=S E __ 0'; T-HE PAYROLL F.ECO?JS 0= (POLICY N:') (HEP._.I`i CALLED _-.? P; T"'�Y INSUR=) 4:3ILE THOSE E'•?LO'_==S ARE E`iC!.GBD IN 4i0? UNDER THE SliiuLi=_\EC S Di?�ECTIO`; :_:D CONTROL OF THE F 1___3Y INSU2ED P\D THE :_DDI-ION..-? 12;5__-'=7) IT TS FURTHER =-GP=_D T -.T THE P?_Y?_N OS T'r.? FU=L DUB AivD PP.YP_3LB U\DEH THIS POLICY SJ-ALL R T c'=L PESPONSIBILITY OF THB FHI`:?.P,Y INSURZD. y V 07HIN'G IN THIS ENDOF,SE: tE::T CONTAINED SHALL EE HE LO TO VARY. ALT E.-, WAIVE OR EXTEND ANY OF THE TERl.tS. CONDITIONS, AGR EE7'EP:Tj, OR LIaITAT10:;S O: THIS POLICY n-„cR Tv.1. AS n"=STa-"n.t:ol v'•'G cc��vco= V'rui ",I Iry _1 SP SHAll 6E HELD��.4Y, lj-j�" V. 1--'DR L`'T HE7?a_ CC�`I I1 O:: fOnU::I- -TATIQ,,S�THI ELF RSt`.i. `I : \\ll 1 0015 COUNTEP.SIGNED r::�Jl_ UE SAIN FIR -15 D c�lT-n=ncn=�a=c-r:cATIVE ( PRESID°NT CONTRACT: CONTRACTOR: Washington Street/ Highway 111 Interim Improvements Paul Gardner Corporation 901 South Sultana Avenue P.O. Boa 3730 Ontario, CA 91761 Sheet 1 of 36 PROJECT NO. 95-08 CONTRACT CHANGE ORDER NO. 01 kk***RRRR**Rk**kk**RRR*kk**k*RR*kk*k****kkX***kk*k***kk*X*k****k*kX**kk**k***R**kXkk**k*** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated, all work shall conform to the terms, general conditions, and special provisions of the original Contract. **k*kk*k*RRRRRRRkk*k*kkRRk*k*kk*RR*k*k*k*******RR***kkk***kk***kXXk**kk*****kk**k***k*k*k* DESCRIPTION OF CHANGE The contractor shall furnish all labor, equipment and material to preform the Time and Materials Work as follows: Install 35 LF of 1.5" PVC conduit on the north west comer per WDC No.2. Cut and remove 4 LF of 8" IID's conduit and plug ends of remaining conduits at signal pole `B' on the southwest comer per WDC No.3. Relocation and modification of signal pole `F' foundation per WDC No. 4. Relocate and modify signal pole foundation and install 2 each No. 6T Pull Boxes in lieu of 6E Pull boxes per WDC No.413. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED $6,438.98 *kkkk**RRRRkkkkkk*k*kR*X*kk*****k*kkk*k**k*kkkkXkk*k****kk*kkkk*****kXkXk*kkk**kXkk*Rkkkkk Previous Contract Amt. Through Change Order No. 0 $ 150,917.20 Add this Change Order $ 6,438.98 Revised Contract Total $ 157,356.18 By reason of this contract change order the time of completion is adjusted as follows: -8- days added to contract time. The revised contract completion date shall be: 4123 /96 RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR***RXkX*kk***h*k***kkk****R*kk***RR*k**kRRkR* Submitted Appraved By: Late: i kR***k**k*RRkR*Rkk*k****Rk**kkk***R**k*k*k*kk*****k*X**hk**k*****X*k******kk*k***kk**k**R* We, the undersigned Contractor, have given careful consideration to the changeproposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby o&c"s full payment the amount shown above. Accepted Date: G:\P W DEPT,PROJECTS\9508\CCOl.WPD S Return to: CITY CLERK R ry ` `=d City of La Quinta 7 nr)� 3 F(9 12 'i� P.O. Box 1504 La Quinta, Ca. 92253„ v Y %LEEK NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: RECEIVED 2197ORD AT 8:00 O'CLOCK FEB 131997 Rec ws, in O�liaal RacaE4 of RaeraiEe Counry.Cahbmia FiBCOR�ef �Feea $ 1. The City of La Quinta, California, is a municipal corporation, organized and incor orated pursuant to the laws of the State of California. A w 2. The City Clerk of the City of La Quinta is authorized and directed to execute, on be of said City, any and all notices of completion. 3. The address of the City of La Quinta is City Hall, 78-495 Calle Tampico, La Quinta, California (P.O. Box 1504, La Quinta, Calif. 92253. 4. The public work improvement- PROJECT NO. 95-08 - on the hereinafter referred to real property within the City was COMPLETED on the 4" day of February, 1997. 5. The name of the contractor for such work of improvement was PAUL GARDNER CORPORATION 6. The property on which said public work of improvement was completed is in the City of La Quinta, County of Riverside, State of California, and is described as follows: Intersection of Highway 111/Washington Street 7. The street address of said property is: Intersection of Highway 111/Washington Street. DATED: February 5. 1997 `r"Molm• • - TITLE CITY CLERK STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I hereby certify that I am the City Clerk of the governing board of the City Council of the City of La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at La Quinta, California on February 5, 1997 AUNDRA L. UHOLA, City Clerk City of La Quinta, California PAO 0