Three Peaks / City Hall Misc. ADA 16 (Proj 2016-05A)SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and Three Peaks Corp, herein referred to as, "Contractor."
WI! NES4ETH•
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. 2016-05A, CDBQ Project 4.LQ.26-16, City Hall Miscellaneous
Exterior ADA Improvements, in the City of La Quinta, California pursuant to the Invitation to
Bid, dated December, 2016, 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 20 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 Ninety -Six Thousand, Three Hundred and Thirty -Two Dollars and
Zero Cents ($96,332'.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).
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 hito://www.dir.ca.gov.
Contract 1300.1
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.htmi.
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;
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.
contract 1300-2
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.
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.
Contract 1300-3
9. CONTRACTOR shall indemnify and hold harmless the County of Riverside, its
Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board
of Supervisors, elected and appointed officials, employees, agents and representatives
(individually and collectively hereinafter referred to as Indemnitees) from any liability
whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees,
subcontractors, agents or representatives arising out of or in any way relating to this Agreement,
including but not limited to property damage, bodily injury, or death or any other element of any
kind or nature whatsoever arising from the performance of CONTRACTOR, its officers,
employees, subcontractors, agents or representatives Indemnitors from this Agreement.
CONTRACTOR shall defend, at its sole expense, all costs and fees including, but not limited, to
attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any
claim or action based upon such alleged acts or omissions.
With respect to any action or claim subject to indemnification herein by CONTRACTOR,
CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and
shall have the right to adjust, settle, or compromise any such action or claim without the prior
consent of COUNTY; provided, however, that any such adjustment, settlement or compromise
in no manner whatsoever limits or circumscribes CONTRACTOR'S indemnification to
Indemnitees as set forth herein.
CONTRACTOR'S obligation hereunder shall be satisfied when CONTRACTOR has provided to
COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or
claim involved. The specified insurance limits required in this Agreement shall in no way limit or
circumscribe CONTRACTOR'S obligations to indemnify and hold harmless the Indemnitees
herein from third party claims. In the event there is conflict between this clause and California
Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such
interpretation shall not relieve the CONTRACTOR from indemnifying the Indemnitees to the
fullest extent allowed by law.
10. 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.
11. 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.
Contract 13004
12. 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.
13. 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.
14. Contractor and Owner do hereby acknowledge that this project will be partially or fully
funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore
subject to applicable Federal procurement, labor, environmental, equal opportunity, and other
regulations.
15. Contractor shall maintain and keep books and records on a current basis, recording all
transactions pertaining to this agreement in a form in accordance with generally acceptable
accounting principles. Said books and records shall be made available to the County, the State
of California, the Federal government, and to any authorized representative thereof for the
purposes of audit at all reasonable times and places. All such books and records shall be
retained for such periods of time as required by law, provided, however, notwithstanding any
shorter periods of retention, all books, records, and supporting detail shall be retained for a
period of at least four (4) years after the expiration of the term of this Agreement.
16. Contractor shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC a-276,
a-5) and the implementation regulations thereof. Contractor shall comply with the U.S.
Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD
4010). Contractor acknowledges that the applicable Wage Determination for this project is:
General Decision Number: CA 160036
Modification Number: 15
Date: 12-23-2016
17. Section 3 Compliance: The Contractor hereby acknowledges that this federally -funded
project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C.
1701 u and 24 CFR Part 135] and agrees to the following:
A. The work to be performed under this contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
Contract 1300-5
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part
135, which implement Section 3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of the
positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
coml2liande with regulations in 24 CFR L)art 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 CFR part
135. The contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to circumvent
the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self -Determination and Education Assistance
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference
in the award of contracts and subcontracts shall be given to Indian organizations and
Indian -owned Economic Enterprises. Parties to this contract that are subject to the
provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the
maximum extent feasible, but not in derogation of compliance with Section 7(b).
18. This Contract shall not be assignable by Contractor without the written consent of City.
19. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
Contract 1300-6
20. 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.
21. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
22. 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.
23. The Contractor shall maintain and preserve all such records for a period of least four (4)
years after termination of the contract.
24. 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.
25. 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.
Additional Federal Requirements:
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws
and regulations, including but not limited to the regulations pertaining to the Community
Development Block Grant Program (24 CFR Part 570) and 2 CFR Part 200. Contractor, sub-
contractors, Consultants, and sub -consultants agree to comply with, and are subjected to, all
applicable requirements as follows:
26. Equal Employment Opportunity - Compliance with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order
11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR
chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin. Contractor/Consultant
will ensure that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative
action to ensure that applicants are employed and the employees are treated during
employment, without regard to their race color, religion, sex, or national origin. Such actions
shall include, but are not limited to, the following: employment, up -grading, demotion, or
transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in
a conspicuous place, available to employees and applicants for employment, notices to be
provided by the County setting forth the provisions of this non -discriminating clause.
27. Copeland "Anti -Kickback" Act (18 U. S. C. 874 and 40 U. S. C. 276c: All contracts and
subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, . "Contractors and
Contact 1300-7
Subcontractors on public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient shall bo
prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he is otherwise
entitled. The recipient shall report all suspected or reported violations to HUD.
28. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal
program legislation, all construction contracts awarded by the recipients and subrecipients of
more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C.
276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor
Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted
Construction"). Under this Act, contractors shall be required to pay wages to laborers and
mechanics at a rate not less than the minimum wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than
once a week. The recipient shall place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. The recipient shall report all
suspected or reported violations to HUD.
29. Contract Work Hours and Safety Standards Act (40 US. C. 327 through 333: Where
applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and
in excess of $2500 for other contracts that involve the employment of mechanics or laborers
shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to
compute the wages of every mechanic and laborer on the basis of a standard workweek of 40
hours. Work in excess of the standard workweek is permissible provided that the worker is
compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in
excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work
and provides that no laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
30. Rights to Inventions Made Under a Contract or Agreement — Contracts or
agreements for the performance of experimental, developmental, or research work shall provide
for the rights of the Federal Government and the recipient in any resulting invention in
accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by HUD.
31. Rights to Data and Copyrights — Contractors and consultants agree to comply with all
applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4,
Federal Acquisition Regulations (FAR).
32. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), as amended —Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations
shall be reported to HUD and the Regional Office of the Environmental Protection Agency
(EPA).
Contract 1300-8
33. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for
an award of $100,000 or more shall file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
34. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to
parties listed on the General Services Administration's List of Parties Excluded from Federal
Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
Debarment and Suspension, as set forth at 24 CFR part 24. This list contains the names of
parties debarred, suspended, or otherwise excluded by agencies, and contractors declared
ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards
that exceed the small purchase threshold small provide the required certification regarding its
exclusion status and that of its principal employees.
35. Drug -Free Workplace Requirements -The Drug -Free Workplace Act of 1988 (42
U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of
being awarded a grant, to certify that they will provide drug -free workplaces. Each potential
recipient must certify that it will comply with drug -free workplace requirements in accordance
with the Act and with HUD`s rules at 24 CFR part 24, subpart F.
36. Access to Records and Records Retention: The Consultant or Contractor, and any
sub -consultants or sub -contractors, shall allow all duly authorized Federal, State, and/or County
officials or authorized representatives access to the work area, as well as all books, documents,
materials, papers, and records of the Consultant or Contractor, and any sub -consultants or sub-
contractors, that are directly pertinent to a specific program for the purpose of making audits,
examinations, excerpts, and transcriptions.
The Consultant or Contractor, and any sub -consultants or sub -contractors, further agree to
maintain and keep such books, documents, materials, papers, and records, on a current basis,
recording all transactions pertaining to this agreement in a form in accordance with generally
acceptable accounting principles. All such books and records shall be retained for such periods
of time as required by law, provided, however, notwithstanding any shorter periods of retention,
all books, records, and supporting detail shall be retained for a period of at least four (4) years
after the expiration of the term of this Agreement.
37. Federal Employee Benefit Clause: No member of or delegate to the congress of the
United States, and no Resident Commissioner shall be admitted to any share or part of this
agreement or to any benefit to arise from the same.
38. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which
are contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
Contract
1300-8
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
stated below.
Dated:
ATTEST:
"CITY"
CITY OF LA QUINTA
a California municipal corporation
Digitally signed by Frank J. Spevacek
DN: serialNumber=g8z17zo0v50w4d3x, c=US,
,,-California, I=La Quinta, o=Frank J.
B5pevacek, n Frank J.Spevacek
yDate: 2017.02.06 08:11:52 -08'00'
Frank J. Spevacek, City Manager
Digitally signed by Susan Maysels
DN: cn=Susan Maysels, o=City of La
Quinta, ou=Clerk's Office,
email=smaysels@la-quinta.org, c=US
Date: 2017.02.06 08:35:50-08'00'
Susan Maysels, City Clerk
APPROVED AS TO FORM:
Dated;
i►��: Dated:
City Attorney
"CONTRACTOR"
(If corporation, affix seal)
k
Dated:— /17 By;
signature
Name: —Erik cS I rnM dnS Title: P r2S 'den+
print name
Address:
I n25 Call mesa 151vd#Ly Calimesa CA g2320
street address city
Dated:
Name:
print name
Address:
state zip code
By:
signature
Title:
street address city state zip code
Contract 1300-10
SECTION 1330
WORKERS" COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior tp 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 perfor ance of the work of this contract."
Signat' re
Pres 1 dert
Title
A (Z�- 1
Date i
Workers Compensation Insurance Certificate 1330-1
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
1 /25/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED,
subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does
not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER OnPoint Underwriting Inc. CONTACT NAME: Steven McComb
8390 E Crescent Pkwy, Suite 200 PHONE (A/C, No Ext): (360) 828-0644 FAX (A/C, NO): (360) 828-0699
Greenwood Village, CO 80111 EMAIL ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: ACE American Insurance Company 22667
INSURED INSURER B:
Barrett Business Services, Inc. L/C/F INSURER C:
THREE PEAKS CORP. INSURER D:
P.O. BOX 101 INSURER E:
CALIMESA, CA 92320 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
POLICY EXP
LIMITS
LTR
INSR
WVD
(MM/DD/YYYY)
(MM/DD/YYYY)
GENERAL LIABILITY
EACH OCCURRENCE
$
DAMAGE TO RENTED PREMISES (Ea
occurence)
$
COMMERCIAL GENERAL LIABILITY
r�
CLAIMS -MADE I (OCCUR
fff���Jl}
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$
POLICY PROJ- LOG
$
ECT
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
ALL OWNED AUTOS AUTOS
BODILY INJURY (Per accident)
$
[]SCHEIIULED
HIRED AUTOS NON -OWNED AUTOS
PROPERTY DAMAGE
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
EXCESS LIAB
OCCUR
AGGREGATE
$
DED
RETENTION $
$
A
WORKERS COMPENSATION AND EMPLOYERS'
LIABILITY Y/N
RWC
C48821145
09/01/16
09/01/2017
�/
WC STATU-
TORY LIMITS
I
OTH-
ER
E.L. EACH ACCIDENT
$2,000,000
ANY PROPRIETOR/PARTNER/ EXECUTIVE y
OFFICER/MEMBER EXCLUDED?
N / A
Covered states:
E.L. DISEASE - EA EMPLOYEE
$2,000,000
(Mandatory in NH) If yes, describe under
DESCRIPTION OF OPERATIONS below
CA
E.L. DISEASE - POLICY LIMIT
$2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
In the event of any payment under this policy for a Loss for which the named insured has waived the right of recovery in a written contract entered into prior to
the Loss, insurer hereby agrees to also waive our right of recovery but only with respect to such Loss.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City Of La QUlnta
EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
78495 Calle Tampico
AUTHORIZED REPRESENTATIVE
La Quinta CA 92253,E
Richard Poling
c) 1988-2010 ACORD CORPORA I ION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD.
AGENCY CUSTOMER ID.
LOC: #:
4C"Rf> ww■.�.■w�■ ■ w��s w■iw ww■ ■mow■ ■■ ■�
%* y HUUI I IVIV/' L- Rr-1V1 ►Rn.7 QL#nCUIJLIC Page 2 of 2
AGENCY NAMEDINSURED
Barrett Business Services, Inc.
OnPoint Underwriting Inc. 8100 NE Parkway, Suite 200
POLICY NUMBER 'Vancouver WA 98662
RWC C48821145
CARRIER NAIC CODE
ACE American Insurance Company 22667 EFFECTIVE DATE: 09/01/16
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14)
CERTIFICATE HOLDER: City of La Quinta
ADDRESS: 78495 Calle Tampico La Quinta CA 92253
Blanket WOS WC 99 03 22 Included. Re: La Quinta City Hall ADA Improvements.
ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD.
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 foss
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
additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth here is
binding on the successors, assigns or heirs of Contractor and shall survive the
termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnified Parties may have under the law or under any other Contract
Documents or Agreements. In the event of any claim or demand made against
any party which is entitled to be indemnified hereunder, City may, in its sole
discretion, reserve, retain or apply any monies to the Contractor under this
Contract for the purpose of resolving such claims; provided, however, City may
release such funds if the Contractor provides City with reasonable assurance of
protection of the Indemnified Parties' interests. City shall, in its sole discretion,
determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor
or subcontractors from liability under Section 1340-1,0, Indemnification. The City
will not be liable for any accident, loss, or damage to the work prior to its
completion and acceptance.
Liability and Insurance Requirements 1340-2
2.0 INSURANCE REQUIREMENTS
2.1 General
Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or
hold the COUNTY harmless, CONTRACTOR shall procure and maintain or
cause to be maintained, at its sole cost and expense, the following insurance
coverage's during the term of this Agreement. As respects to the insurance
section only, the COUNTY herein refers to the County of Riverside, its Agencies,
Districts, Special Districts, and Departments, their respective directors, officers,
Board of Supervisors, employees, elected or appointed officials, agents or
representatives as Additional Insureds.
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If that
existing coverage does not meet the requirements set forth here, it will be
amended to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and
coverage required in this Contract and which is applicable to a given loss, will be
available to City.
Contractor, shall submit coverage verification for review and approval by the City
upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and
the Contractor shall not commence work, until such insurance has been
approved by the City. The Contractor shall not allow any subcontractors to
commence work on its subcontract until all similar insurance required of the
subcontractor has been obtained and verified by Contractor. Such insurance
shall remain in full force and effect at all times during the prosecution of the Work
and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such
insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
Contractor shall provide the following types and amounts of insurance:
2.2 Commercial General Liability Policy
Commercial General Liability insurance coverage, including but not limited
to, premises liability, unmodified contractual liability, products and
completed operations liability, personal and advertising injury, and cross
liability coverage, covering claims which may arise from or out of
CONTRACTOR'S performance of its obligations hereunder. Policy shall
name the COUNTY as Additional Insured. Policy's limit of liability shall not
be less than $1,000,000 per occurrence , combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to
this agreement or be no less than two (2) times the occurrence limit.
Liability and Insurance Requirements 1340-3
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, Collapse or Underground Hazard(X CU).
b. Products and Completed Operations.
C. Pollution liability.
d. Contractual liability.
Coverage shall be applicable to City for injury to employees of: contractors,
subcontractors or others involved in the project. Policy shall be endorsed to
provide a separate limit applicable to this project.
2.3 Workers' Compensation Insurance
If the CONTRACTOR has employees as defined by the State of California, the
CONTRACTOR shall maintain statutory Workers' Compensation Insurance
(Coverage A) as prescribed by the laws of the State of California. Policy shall
include Employers' Liability (Coverage B) including Occupational Disease with
limits not less than $1,000,000 per person per accident. The policy shall be
endorsed to waive subrogation in favor of The County of Riverside.
2.4 Business Auto Policy
If vehicles or mobile equipment are used in the performance of the obligations
under this Agreement, then CONTRACTOR shall maintain liability insurance for
all owned, non -owned or hired vehicles so used in an amount not less than
$1,000,000 per occurrence combined single limit. If such insurance contains a
general aggregate limit, it shall apply separately to this agreement or be no less
than two (2) times the occurrence limit. Policy shall name the COUNTY as
Additional Insureds.
2.5 Excess or Umbrella Liability Insurance
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the
underlying coverage. Any such coverage provided under an umbrella liability
policy shall include a drop down provision providing primary coverage for liability
not covered by primary but coverers by the umbrella. Self -insured retentions are
not permitted. Coverage shall be provided on a "pay on behalf' basis, with
defense costs payable in addition to policy limits. There shall be no cross liability
exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Contractor,
subcontractors or others involved in the Work. The scope of coverage provided
is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1,000,000 per
occurrence and aggregate.
Liability and Insurance Requirements 1340-4
Insurance procured pursuant to these requirements shall be written by insurers that are
authorized carriers in the state of California and with an A.M. Best rating of A- or better
and a minimum financial size of VII.
Contractor and City agree as follows:
Contractor agrees to endorse the third party Commercial General Liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, and County, its officials, employees and agents, using
standard ISO endorsement No. CG 2010 with an edition date of 1985 or
equivalent. Contractor also agrees to require all contractors, subcontractors, and
anyone else involved in any way with the project contemplated by this agreement
to do likewise.
2. Any waiver of subrogation express or implied on the part of City to any party
involved in this Contract or related documents applies only to the extent of
insurance proceeds actually paid.. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the project(s) contemplated by
this Contract, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to thi ► Contract shall be endorsed to delete the
subrogation condition as to City, or to specifically allow Contractors or others
providing insurance herein to waive subrogation prior to a loss. this
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance. coverage provided pursuant to this or any other Contract (express or
implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any Contract involving
City in relation to the project(s) contemplated by this Contract is intended to be
construed to limit the application of insurance coverage in any way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
Liability and Insurance Requirements 1310-5
7. Prof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, at the option of City,
shall be delivered to City at or prior to the execution of this Contract. In the event
such proof of any insurance is not delivered as required, or in the event such
insurance is canceled at any time and no replacement coverage is provided, City
has the right, but not the duty, to obtain any insurance it deems necessary to
protect its interests under this or any other agreement and to pay the premium.
Any premium so paid by City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance
provided pursuant to these requirements, to require written notice to City and the
appropriate tender prior to cancellation of such liability coverage and notice of
any material alteration of non -renewal of any such coverage, and to require
contractors, subcontractors, and any other party in any way involved with the
project contemplated by this Contract to do likewise.
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project that is brought onto or involved in the project by contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Contractor agrees not to self -insure or to use any self -insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this Contract to self -insure its obligations to City. If contractor's
existing coverage includes a deductible or self -insured retention, the deductible
or self -insured retention must be declared to the City. At that time the City shall
review options with the contractor, which may include reduction or elimination of
the deductible or self -insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City will negotiate additional
compensation proportional to the increased benefit to City.
Uab lty and Insurance Requirements 1340-6
13. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Contract.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until City executes a
written statement to that effect.
16. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the city, and to require all
subcontractors and any other person or entity involved in the project
contemplated by this Contract to do likewise.
17. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
18. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Contract and are intended by the parties here to be interpreted as such.
19. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Contract and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by City.
20. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Contract. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
21. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers, if any are working on this project through
Contractor. City shall determine the liability limit.
Liability and Insurance Requirements 1340-7
2.6 Additional Federal Insurance Provisions
a) Any insurance carrier providing insurance coverage hereunder shall bs
admitted to the State of California and have an A M BEST rating of not less than
A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk
Manager. If the County's Risk Manager waives a requirement for a particular
insurer such waiver is only valid for that specific insurer and only for one policy
term.
b) The Contractor's insurance carrier(s) must declare its insurance deductibles or
self -insured retentions. If such deductibles or self -insured retentions exceed
$500,000 per occurrence such deductibles and/or retentions shall have the prior
written consent of the County Risk Manager before the commencement of
operations under this Agreement. Upon notification of deductibles or self insured
retention's unacceptable to the County, and at the election of the Country's Risk
Manager, Contractor's carriers shall either; 1) reduce or eliminate such
deductibles or self -insured retention's as respects this Agreement with the
County, or 2) procure a bond which guarantees payment of losses and related
investigations, claims administration, and defense costs and expenses.
c) Contractor shall cause Contractor's insurance carrier(s) to furnish the County
of Riverside with either 1) a properly executed original Certificate(s) of Insurance
and certified original copies of Endorsements effecting coverage as required
herein, or 2) if requested to do so orally or in writing by the County Risk Manager,
provide original Certified copies of policies including all Endorsements and all
attachments thereto, showing such insurance is in full force and effect. Further,
said Certificate(s) and policies of insurance shall contain the covenant of the
insurance carrier(s) that thirty (30) days written notice shall be given to the
County of Riverside prior to any material modification, cancellation, expiration or
reduction in coverage of such insurance. In the event of a material modification,
cancellation, expiration, or reduction in coverage, this Agreement shall terminate
forthwith, unless the County of Riverside receives, prior to such effective date,
another properly executed original Certificate of Insurance and original copies of
endorsements or certified original policies, including all endorsements and
attachments thereto evidencing coverage's set .forth herein and the insurance
required herein is in full force and effect. Contractor shall not commence
operations until the County has been furnished original Certificate (s) of
Insurance and certified original copies of endorsements or policies of insurance
including all endorsements and any and all other attachments as required in this
Section. An individual authorized by the insurance carrier to do on its behalf shall
sign the original endorsements for each policy and the Certificate of Insurance.
d) It is understood and agreed to by the parties hereto and the insurance
company(s), that the Certificate(s) of Insurance and policies shall so covenant
and shall be construed as primary insurance, and the County's insurance and/or
deductibles and/or self -insured retention's or self -insured programs shall not be
construed as contributory.
Liability and Insurance Requirements 1340-8
e) The County's Reserved Rights --Insurance. If, during the term of this
Agreement or any extension thereof, there is a material change in the scope of
services; or, there is a material change in the equipment to be used in the
performance of the scope of work (such as the use of aircraft or watercraft) the
County reserves the right to adjust the types of insurance required under this
Agreement and the monetary limits of liability for the insurance coverage's
currently required herein, if; in the County Risk Manager's reasonable judgment,
the amount or type of insurance carried by the Contractor has become
inadequate.
f) Contractor shall pass down the insurance obligations contained herein to all
tiers of subcontractors working under this Agreement.
g) The insurance requirements contained in this agreement may be met with a
program(s) of self-insurance acceptable to the County.
2.7 Chan a in Terms
The Contractor shall provide immediate written notice to the City of any change in terms
and conditions and/or reduction in the coverage of any nature to the insurance policies.
The notice shall be seat to:
Frank J. Spevacek, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Liability and Insurance Requirements 1340.9
POST CONTRACT AWARD FORMS
Special Federal provisions 1550.63
EX11t111T PA-1
Bond No. 390533P
Premium: $2,408.00
Premium is for Contract Term and Subject
to Adjuslmerd Based orl Final Conlract Price
PERFORMANCE BOND
Recitals: 1. Three Peaks Corp.
has entered into an Agreement dated tC°'�trrckxt with City of La Quinta
ff r
Ciky Hall Miscellaneous Exterior ADA Improvements, Project 2016-05�, construction of public work known as
CDBG Project 4.LQ.26-16 (Prolev)
2 -
a
Developers Surety and Indemnity Company
corporation (Surety), is the Surety under this Bond
Agreement:
We, Contractor, as Principal, and Surety, jointly and severally agree, state, and are bound
unto Owner, as obligee, as follows:
1. The amount of the obligation of this Bond is 100% of the estimated contract price for
the project of $96,332,00• and insures to the benefit of Owner.
*Ninety Six Thousand Three Hundred and Thirty Two and 001100 Dollars
2. This Bond is exonerated by Contractor doing all things to be kept and performed by it in
strict conformance with the Contract Documents for the Project, otherwise it remains in full Force and
effect for the recovery of loss, damage and expense of Owner resulting from failure of Contractor to so
act. All of said Contract documents are incorporated herein.
3. This obligation is binding on our succgssors and assigns.
f
4. For value received. Surety stipulates and agrees that no change, time extension,
prepayment to Contractor, alteration of addition to the terms and requirements of the Contract
Document or the work to be performed thereunder shall affect its obligations hereunder and waives
notice as to such matters, ex� the total contract price cannot be increased by more than 10%n
without approval of Surety.
THIS BOND is executed as of January23, 2017
Three Peaks Corp.
By
By ll� IF
Title
Contractor
yl ers Surety and Indemnity Company
By ('
Type Name
:—::::
Its Attorney in Fact "Surety"
Note: This Bond must be executed by both parties with corporate seal affected. All signatures
must be acknowledged, (Attach acknowledgements)
Special Federal Provisions
155484
IA
Civil Code § 1189
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 JAN $ 31
Date
before me, Janice R. Martin
Insert Name of Notary exactly as it appears on the official seal
personally appeared Sarah Myers _
a Name(e) or Signers)
JA;CE R. MARTIN
r COMM. #2158852
v � NOTARY PUBUO-CALIFORNIA
SAN DIEGO COUNTY ..
r My commlatrion Expkes
_ JULY 29. 20,20
Place Notary Seal Above
, Notary Public,
who proved to me on the basis of satisfactory evidence to
be the person(W whose name( is/# # subscribed to the
within instrument and acknowledged to me that bY1shefW4V
executed the same in Wherli#yauthorized capacity(",
and that by 816/her117 & signaturef*) on the instrument the
person(Q, or the entity upon behalf of which the person(@
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.
Witnes and official seal.
Sign e
Sign re of oteryPubiic Janic R. Martin
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited [--]General
56 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly fmiled DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, dd each
hereby make, oorsNVe and appoint:
—Lawrence F. Mc Mahon, Sarah Myers, Maria Guise, James Baldassare Jr., jointly or severally —
as their U * and lawful Aftorney(s)-n-Fact, to make, execulo, delver and acknowledge, for and on behalf of said corporations, as sureties, bonds, underlakings and contracts d surely -
ship giving and granting unto said Attomey(s)-In-Fact fug power and 3LOAX ty b do and to- perfoma every act necessary, requisAe or proper to be done In connection Ihera'mttl ap earth of
said corporations cou!d do, but reserving b each of said corporations. full power of substitution and revocatiOrk acid all of the acts d said Attomey(S)-ii-Fact, pursuant to these presents,
are htmby ratified and confirmed.
This Power of Attorney is granted and is signed by lacsinlle under and by authority of ttse following resolutions. adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as d January 1st, 2008,
RESOLVED, Una1 a combination of any two of the Chairman of fixl Board, fie President„ Executive Vice-Presiden6 Senkx Vice -Presided a any Vie President d the
corporations be, and that each of them Ixoreby i;. authorized b oxoude 11t Power of Attorney, qualifying the attorney(s) named n the Power of Attorney to execute, on behalf d the
corporaWns, bonds, undertakigs and corkxts of swelyship: and that the Secretary or any Assistant Secretary d ellher of One corporations be, and each d ftm hereby is, authorized
b attest the execution of any such Powaf d Ali"F,,
RESOLVED, FURTHER. Thal the sfgnathres of such officers may be affixed to any such Power of Allomey or to any certificate rebtirg tlwelrs br facsimile, and any such
Power of Attorney or crsrttgcale bearing such racsinle signatures shall be valid and bind I ng upon the corporations when so affixed ar)d in the future with respect In any bond, undertaking
Of contract of suetyshra b wtroh i is attached
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this December 1, 2014.
4 AND
"7 .1id Young, Senior Vice-president �s� d By.
Mark J. Lansdon. Vice-president
State of California
County of Orange
N-----_-- Del emby- 414--- — beforeme,
—
Date
personally appeared _-
W III " W 11M&4Wharhl~,ft NEW k0
LUCILLE iiaat'MOND
Cotnrnbabn 0 20e1IM5
Notary PW* - caMfornla
z Orvgo Counly
Corry?1, Ey hs0ci # a 2018 h
Place Notary Seal Above
O10
$
=
OCT. 5
1 9 3 6
?
1967
�gCIFoFrC
�aW!, ..
�ynsbr'
?�
1.Jci1+_Rrrvrh�mrNoar,vp_kf —
Here Insert Name and Title of the Officer
Dahi4Yomoand_MakJLasdon
Name(s) of Signer(s)
Wttro proved ID me on the basis of satisfactory evidence to be the person(s) whose ram(s) is/are subscribed b
the wift ihstrumerri and acknowledged b me that helsheft hey executed the same in hisAherllher authorized
capacily(nes), and that by hislherlthe soviue(s) on the hhstrumenl the person(s), or the entity upon beha!t d
wtkh M person(&) acted, executed Lho instrument.
I certify under PENALTY OF PERJURY under the Laws of the Stale of California that the foregoing paragraph is
true and correct
WITNESS fry hand and official seal.
Signature
L cilf Raymond, Notary Public
CERTIFICATE
The undenslgned, rs Secretary orAssislanl Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
Mtify that the foregoing Power d Attorney remains in tut force and has not been revoked and, fufhemrore, Oral fie provisions of the resolutions of the respective Boards of Diecfors of
said caporal s set forth in the Power d Attorney are in tome as d Uie dale of this Certificate
This Certificate is executed in the City of Irvine, California, this 23rd day d January , 2017
_ y
By.
Cassie J Berrisfor , ssistant Secretary
ID-1380(Rev.12/14)
ACKNOWLEDGMENT
Faftached,yd,
otapublic or other officer completing this
ificate verifies only the identity of the individual
signed the document to which this certificate is
and not the truthfulness, accuracy, or
di of that document.
State of California
County of Riverside
On January 25, 2017 before me, Stacy L Holt, Notary Public
(insert name and title of the officer)
personally appeared Erik Simmons
who proved to me on the basis of satisfactory evidence to be the pe on Mhose name i re
s bscribed to the within instrument and acknowled ed to me thatshe they executed the same in
10heiFfteir authorized capacityW, and that by is erkheir signatures on the instrument the
person(; or the entity upon behalf of which the person ] 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.
STACY L. NOt
WITNESS my hand and official seal. commission # 2t2oz87
Notary PubOc - california
Riverside County
"l��r ',�."�,(Seal)lu Comm. kesAu ash 20tf1�
Signature ,� L j �` t)
Bond No.: 390533P
Premium is included in
PAYM IM BOND Performance Bond
(Public Work - Civil Code 3247 et seq.)
The makers of this Bond are Three Peaks Co
� as
Principal and Original Contractor and Developers Surety and Indemnity Company
,a
corporation, authorized to issue Surety Bonds in California, as Surety. and this Bond is issued in
conjunction with that certain public works contract dated
between Principal and City of La Quintal
public entity, as Owner; for the BOND is one hundied percent (1 Do%) of said sum. Said contract is
for public work generally consisting of CI Mall Miscellaneous Exterior ADA Improvements. Pfm� edt #2016-05A,
CDBG Projeet 4.L LT _1
The beneficiaries of this Bond are as is stated) in 3248 of Civil Code and the requirements and
conditions of this Bond are as is set forth in 324�, 3249, 3250 and 3252 of said Code. Without notice,
Surety consents to extension of time for performance, change in requirements, amount of
compensation, prepayment under said contract
Dated JanuaK 23, 2017 Three Peaks Go .
Developers Surety and Indemnity Company ey r 1 Cbrrtractor - Principal
By Title — f
Sarah My tto yin -Fact (Jr corporation - aFAx seal)
(Corporate Seal)
STATE OF CALIFORNIA
COUNTY OF SS SURETY'S ACKNOWLEDGMENT
On before me personally appeared _
known to me to be the person whose name is subscribed to the within the instrument as attorney in
fact of , a corporation, and acknowledged that
he subscribed the name of said corporation thereto, and his own name is its attorney in fact.
Riverside County Counsel Nolan Public (Seal)
Approved Form 1-9.74
Please see attached All -Purpose California Acknowledgment
Special Federal Provisions
1550-65
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code §
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 JAN 8 3 2017
Date
before me, Janice R. Martin
Insert Name of Notary exactly as it appears on the official seal
personally appeared Sarah Myers
Name{s} of S"rgner(sJ
JANICE R. MARTi fN
COMM. #2 1588 n
NOTARY PUBLIC-CALIFORNIA rn
8AN DIFOO COUNTY
My Commission Expires
JULY 29, 2,
1189
, Notary Public,
who proved to me on the basis of satisfactory evidence to
be the person(W whose name(Q isl#Y# subscribed to the
within instrument and acknowledged to me that Wlshelifty
executed the same in i91her/MW authorized capacity(+),
and that by ftlher/ t # signatureffi) on the instrument the
person(40, or the entity upon behalf of which the person(I0
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 nd and official seal.
Sign: ure
Place Notary Seal Above i®na a Noiary Public4lanicelk. Martin
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Tltle(s):_
❑ Partner ❑ Limited ❑ General
A Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer is Representing:
Top of thumb here
Number of Pages:
Signer's Name
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
""Lawrence F. Mc Mahon, Sarah Myers, Maria Guise, James Baldassare Jr., jointly or severally***
as that he and lawful Altorney(s)-infact, to make, execute, delver and acknowledge, for and on behalf of sad corporator, as "eties, bonds, undarlakngs and cnnlrads of surety-
ship giving aait granting unto said Alto( ne y(s}in-Fact fur power and authority b do and to perform every act necessary. requ6s le or proper b be done in connection Ilherowtth as each of
said cerporaliam could do, W reserving b each of said corporations fug power of subslltubon and revocation, and at of the acts of said Attomey(s)-n-Fact, pursuant to these presents,
are hereby ratified and confirmed
This Power of Attorney is granted and a sighed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of arty two of the Chairman of the Board the President, Executive ViceePresident, Senior Vice -President a any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the aftorney(s) named in the Pourer of Attorney b execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
b attest the execution of any such Power of Attorney,
RESOLVED, FURTHCIT, Uvt the , igwlaes of such officers nary be affixed b any such Power of Altonney or b any certificale rdatkV thwelo by fami le, and any such
Power of Attorney or certificale bearing such facsirrkla slgnatores shall be valid and binding upon the corporatiom when so affixed aril in the More with respect b"bond, undertaking
or contract of suretyship b which i is, attached
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severely caused these presents b be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this December 1, 2014,
=IDeV-,
Daniel Young, SeniorVke-Presdent 9yJ. ,a?.?OR4 ,E '-.Y ��O rifRR
a: ; OCT.
0
By: : w
sal
Mark J. Landon, Vice-Presidant p - 11936
State of California
County of Orange
On
—TRa?mbst. 14
Date
personally appeared
before me, Lic1I Rn wr1 jL l Nobr,w?kir.
Here Insert Name and Title of the Officer
LUCILLE RAYYII NE)
`
Comrift3lon * 20M1l115 f
Notary Pubk - C*orrh
�y
Ormp0
W Corti ii Exp felt Oc 113, 018
Place Notary Seal Above
nino�aod MakJLandon
Name(s) of Sigrw(s)
who proved id file on Ike basis Of S Waclofy awdence to be the pers*S) whose names) rslare sLOSaibed k7
the wdlhln instrument and acknowledged b me that helsheMwy executed tho sarm it hi fhcxflher authori2od
capacit&s), aid Ozat by Nshherlthoir Si nature(s) on the instrument the perzon(sk or the enity upon behalf of
which line prerscfi(s) acted, executed the nstrurnent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct
WITNESS rrry hand and offidal seal.9"
Signature _
CERTIFICATE VdIk Raymond, Notary Public
The undersigned, as Secretary or Assistant Set:etay of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA. does hereby
certify that Uhe foregoing Power d Altomey ranter in furl force anrd has not been revoked end, lurlhermao, 9*1 the provisions of the resotrli3ns d the respective Boards of Drmo,,s of
said corporations set forth in the Power of Attorney are in face as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 23rd day of January , 2017
Cassie J. Bwisfor , istanl Sec relary �
ID-1380(Rev.12114)
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 Riverside
On January 25, 2017 before me, Stacy L Holt, Notary Public
(insert name and title of the officer)
personally appeared Erik Simmons
who proved to me on the basis of satisfactory evidence to be the
subscribed to the within instrument and acknowledged to me thl
(61iAerlthimauthorized capacity�p , and that by�A# eir sig
personyoj? or the entity upon behalf of which the person(�cted,
Arson whose name i are-
hheAthey executed the same in
iatureWon the instrument the
executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. srAcr'to H0LT
CWM*Wm r 2120287
Notary Pub0c - Cworna
Riwrsta county
MYCOMM-ExplrosA 14.20161
Signatures ter ' ✓t" t-' (Seal)
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SECTION 3 SUMMARY REPORT EXHIBIT PA-5
ECONOMIC OPPORTUNITIES FOR LOW AND VERY LOW-INCOME PERSONS
PROJECT NAME: ` tq "tZ, DATE
CONTRACTOR:
SUBCONTRACTOR:
JOB CATEGORY
NUMBER OF
NEW HIRES
NUMBER OF NEW
HIRES THAT ARE
SECTION 3 RESIDENTS
% OF AGGREGATE NUMBER
OF STAFF HOURS OF NEW
HIRES THAT ARE SECTION 3
% OF TOTAL STAFF
HOURS FOR SECTION 3
EMPLOYEES
PROFESSIONALS
TECHNICIANS
OFFICE 1 CLERICAL
CONSTRUCTION BY TRADE
TRADE
TRADE
TRADE
TRADE
TRADE
TRADE
OTHERS
TOTAL
NAME OF PERSON COMPLETING F9RM:
SIGNATURE:
Section 3 "New Hires" refers to a person who is not on the Contractor's payroll for employment at the time of
Contract award.
Recipients and contractors subject to Section 3 requirements must maintain appropriate documentation to
establish that HUD financial assistance for CDBG-funded projects was directed to low-income and very
low-income persons. Low-income persons means families (including single people) whose incomes do
not exceed 80% of the area median household income, as established by HUD, with adjustments for
family size. Very low-income persons means families ( including single people) whose incomes do not
exceed 50% of the area median household income, as established by HUD, with adjustments for family
size.
Special Federal Provisions 155489
E - IBIJ PA-6
r'
CDBG PROJECT LABOR CLASSIFICATION SURVEY
PROJECT NAME: b-hA HaII MAIme. CONTRACTOR: 71wee PeOKs COKP
PROJECT NUMBER: 201 Lo - 0 5A SUBCONTRACTOR:
BRICKLAYER
CARPENTERS
CEMENT MASONS
DRYWALL HANGERS
ELECTRICIANS
IRON WORKERS
y-
PAINTERS
PLUMBERS
ROOFERS
SHEET METAL WORKERS
SOFT FLOOR LAYERS
TILE LAYERS
LANDSCAPE / IRRIGATION
FITTERS
LABORERS - STRIPPING
C
PLASTERER
OTHERS
CLASSIFICATIONS
LABORERS: GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP5
POWER EQUIPMENT OPERATORS
GROUPS I - 21 iC
TRUCK DRIVERS
GROUPS 1-I I
ADDITIONAL CLASSIFICATIONS
(Must be approved by HUD and DOL)
CLASSIFICATIONS
Special Federal Provisions 1550.70
PA-6 ^.uTi-timed)
PROJECT NAME: .
bill Nall MISC /FDA Cm vfl-vje*j-f-S
WAGE DECISION NUMBERIMODIFICATION NUMBER:
00,; , �—
PROJECT NUMBER: 20 ` �- 0 5A
PROJECT COUNTY: �; UerS I e
WORK CLASSIFICATION
BASIC HOURLY
RATE BH
FRINGE
BENEFITS
TOTAL HOURLY
WAGE RATE
LABORERS
FRINGE BENEFITS:
$
Bdckla ers
$
GROUP #
BHR
TOTAL WAGE
Ca enters
$
$
Cement Masons
'
Z� lob
SSlogo
$
Drywall Hangers
S
$
Electricians
$
$
Iron Workers
1
Zj `i" 75"
Z y, gbs
s 55
s
Painters
$
OPERATORS
FRINGE BENEFITS:
$
Plumbers
$
GROUP #
BHR
TOTAL WAGE
Roofers
$
1
+Z' (O$
$ z
Sheet Metal Workers
$
$
Soft Floor Layers
$
$
Ta rs
$
$
Tile Setters
$
TRUCK DRIVERS
FRINGE BENEFITS:
$
OTHER CLASSIFICATIONS
GROUP $
BHR
TOTAL WAGE
abnrz -
32.54
19,74
52.09 $
$
s
s
$
$
AD ITiONAL CLASSIFICATIONS' HUD Fame 4230-
WORK CLASSIFICATION
BASIC HOURLY
RATE
FRINGE
BENEFITS
TOTAL HOURLY
WAGE RATE
DATE OF HUD
SUBMISSION TO
DOL
DATE OF DOL
APPROVAL
s
$
s
s
Speclel Federal Provisions 1550-71
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
8/8/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED,
subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does
not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER OnPoint Underwriting Inc.
8390 E Crescent Pkwy, Suite 200
Greenwood Village, CO 80111
INSURED
Barrett Business Services, Inc. L/C/F
THREE PEAKS CORP.
13046 BURNS LANE
REDLANDS, CA 92376
COVERAGES CERTIFICATE NUMBER:
CONTACT NAME: Steven McComb
PHONE (A/C, No Ext): (360) 828-0644 FAX (A/C, NO): (360) 828-0899
EMAIL ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: ACE American Insurance Company 22667
INSURER B.:
INSURER C:
INSURER D:
INSURER E`
INSURER F;
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
IPOUCY EFF
(MM/DD/YYYY)
POLICY EXP
(MMIDD/YYYY)
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
S
DAMAGE TO RENTED PREMISES (Ea
occurence)
$
COMMERCIAL GENERAL LIABILITY
CLAIMS-MMAOE D OCCUR
MED EXP (Any one person)
S
14=
PERSONAL & ADV INJURY
$
GEN'LAGGREGATE LIMITAPPLIESPER:
GENERAL AGGREGATE
$
PRODUCTS - COMP/OPAGG
$
POLICY PROJ- LOC
$
ECT
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Es accident)
$
BODILY INJURY (Per person)
$
ALt. OWNED AUTOS SCHEDULED AUTOS
BODILY INJURY (Per accident)
$
HIRED AUTOS NON -OWNED AUTOS
PROPERTY DAMAGE
S
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
EXCESS LIAB
OCCUR
AGGREGATE
$
DIED
RETENTION $
$
A
WORKERS COMPENSATION AND EMPLOYERS'
RWC
09/01/16
09/01/2017
WC STATU-
OTH.
LIABILITY YIN
C48821145
�/
TORY LIMITS
JER
E.L. EACH ACCIDENT
$2.000.D00
ANY PROPRIETOR/PARTNER/ EXECUTIVE Y
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) 0 yea, describe under
N / A
Covered States:
CA
E.L. DISEASE - EA EMPLOYEE
$2,000,000
E.L. DISEASE- POLICY LIMIT
$2,000,D00
DESCRIPTION OF OPERATIONS below
J
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101. Additional Remarks Schedule, if more space is required)
In the event of any payment under this policy for a Loss for which the named insured has waived the right of recovery in a written contract entered Into prior to
the Loss, insurer hereby agrees to also waive our right of recovery but only with respect to such Loss.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of La Quinta
EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
POLICY PROVISIONS.
WITH THE
78495 Calle Tampico
AUTHORIZED REPRESENTATIVE
La Quinta CA 92253
Richard Poling
ACORD 25 (2010/05)
c) 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD.
AGENCY CUSTOMER ID:
L110I01I
AC
kll�� ADDITIONAL REMARKS SCHEDULE
AGENCY NAMEDINSURED
Barrett Business Services, Inc.
OnPoint Underwriting Inc. 8100 NE Parkway, Suite 200
POLICY NUMBER Vancouver WA 98662
RWC C48821145
CARRIER
.ACE American Insurance Company
ADDITIONAL REMARKS
NAIC CODE
22667 EFFECTIVE DATE: 09/01/16
'THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14)
CERTIFICATE HOLDER: City of La Quinta
ADDRESS: 78495 Gallo Tampico La Quinta CA 92253
TWOS in favor of the City of La Quinta, its officials, officers, agents, employees and
volunteers. Re: La Quinta Park Restroom Project 2013-12
ACORD 101 (2008101) c)1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD.
2 of 2
CERTIFICATE OF LIABILITY INSURANCE DATE (BMIDDIr Y)
0112312017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on
this cortiflcate does not corder rf hts to the cortlficate holder In lieu of such endorsements .
PRODUCER MAW!Rachel Silva
Whitney Oaks Insurance Services Inc. PMNe 111412 918 15.1930 F 91 15.1931
1221 Pleasant Grove Blvd., Ste. 180 L hltn vakainsurance.cem
Roseville, CA 95678
License #: OF74432 INSURE t COVERAGE AFFORDING NAI s
.. I URERA; James River InsuranwGDmom
.INSURED — %A#--& A —_..I__.. 1— Annn
Three Peaks Corp
PO Box 101
Callmesa, CA 92320
COVERAneS CKRTIFICATF IUIIMRFR- nnnnnnn&A 13EVnfQ1nhJ Mllhm Ca. 4
THIS 19 TO CERTIFY THAT THE POUQES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
(NDICATEO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIRCAT'E MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL T14E TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
TYPE OF INSURANCE
POLICY ER
aug&
P
03/10/2017
UMITe
A
X
COM ERCIALGENERALLWaatrr
CLAMS -MADE M OCCUR
000659951
03/1012010
FACHOCCURRENCE
$ 1,000,000
S
; ,y}Q 000
MED E%P one psmnj
$ 1,000
PERSONAL A ADV INJURY
S 11000,000
GFX'LAGGREGATE LIMIT APPLIES PER,
POLICY 0 ECT LOC
OTHER,
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - GOMP/OP AGO
S 2,000, 000
$
B
AUTONOBILJI
x
LIABILITYBAA56649887
ANYAUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED -OWND
AUTOS ONLY AUTOS ONLY
06/17/2016
W1712017
ED10) S E L
: 1 000 00
BODILY INJURY (Per Person)
S
BODILY INJURY Perecddent
( I
P
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UMBRELLA LIAR OCCUR
EXCESS UAB CLAIMS -MADE
27303654
03110/2016
03/1012017
EACH OCCURRENCE
S 2,000,000
AGGREGATE
S 2,000,000
OED RETENTION
_
S
WORKERS COMPENSAnoN
AND EMPLOYERS' LIABILITY Y I N
ANYPROMETORIPAATNEfLEX CLUE
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ELDISENSE-FAEMPLOYEE
E.L. DISEASE - POLICY UMrr
i
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, AdditionalMaurits Schedule, maybe attached s mm apace la required)
City of Le Quinta Is named additional Insured.
Project Location: City Hall - Project No. 2016-05A
City of La Qulnta
78.495 Calle Tampico
La Qulnta, CA 92253
l tLLA
SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTNORDMD
5 AC n ceRanRATlnN_ All rinMa maor .
ACORD 23 (2016103) The ACORD name and logo are registered marks of ACORD
Printed by RJS on January 23, 2017 at 11:36AM
POLICY NUMBER; 1 000659951
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS -
APARTMENTS AND ALL CONSTRUCTION OTHER
THAN RESIDENTIAL DEVELOPMENT- SCHEDULED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
SCHEDULE
Name OF Additional Insured Person(s)
Or Organlzation(s):
Covered Completed Operations
Where required by written contract or written
All non-residential construction projects of the
agreement.
Named Insured.
Information re uired to complete this Schedule
If not shown above vvili be shown in the Declarations.
A. SECTION It — Who Is An Insured is amended to Include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property
damage" caused, In whole or in part, by "your work", as described in the schedule of this endorsement
performed for that additional Insured and included in the "products -completed operations hazard" as
described In the Covered Completed Operations, schedule above.
B. The insurance provided to the additional insured under this endorsement is limited as follows;
Covered Completed Operations shown in the schedule above shall not include "residential
development" of any description.
C. For the purposes of this endorsement, the following is added to the Other Insurance Condition and
supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to the
additional insured designated in the Schedule, provided that:
(1) The additional insured is a Named Insured under such other insurance; and
(2) You have agreed In writing Ina contractor agreement that this Insurance would be primary and
would not seek contribution from any other insurance available to the additional insured.
D. The following definitions are added to SECTION V — DEFINITIONS of this Policy:
"Residential development" means a structure or structures, Including the land upon which it is situated,
designed or intended for occupancy in whole or in part as a residence by any person or persons.
"Residentiai development" does not include "apartments" or "apartment buildings."
i
'Apartments" means one or more rooms of a building used as a dwelling unit separate from others in
the building and which are rented from others by those dwelling in them,
'Apartments building" means a structure containing two or more separate "apartments,"
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
Includes copyrighted material of Insurance Services Office, Inc., with Its
permission.
MC2037US 09-12 Page 2 of 2
POLICY NUMBER: 000659951
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - SPECIFIED
RESIDENTIAL HOUSING
Name Of Additional Insured Person(s)
Or D anization s :
Description and Location
"residential housing" location($):
Where required by written contract or written
All 'residenttal housing' projects of the Named
agreement,
Insured.
SECTION 11-- Who Is An Insured is amended to include any person or organization you are
required to Include as an additional insured oil this policy by written contract or written agreement
in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or
"property damage."
The insurance provided to the additional insured under this endorsement is limited as follows:
1. The person or organization scheduled above is only an additional Insured with respect to
liability which is imputed to such additional insured arising solely out of :
a. "your work" or "your product", and
b, with respect to "residential housing."
2. In the event that the Limits of Insurance provided by this policy exceed the Limits of
Insurance required by the written contract or written agreement, the insurance provided by
this endorsement shall be limited to the Limits of Insurance required by the written contract or
written agreement. This endorsement shell not increase the Limits of Insurance stated in the
Declarations.
3, This insurance does not apply to "bodily injury" or "property damage" arising out of "your
work" or "your product" included in the "products - completed operations hazard" unless you
are required to provide such coverage by written contract or written agreement but only for
the period of time required by the written contract or written agreement and only for "bodily
injury" or "property damage" that occurs during the policy period arising out of "your work" or
"your product".
4. Any coverage provided by this endorsement to an additional insured shall be excess over
any other valid and collectible insurance available to the additional insured whether primary,
excess, oontingent or on any other basis,
5. Where no coverage under this policy shall apply for the Named Insured, no coverage or
defense shall be afforded to the additional insured,
6. This insurance does not apply to 'bodily injury" or "property damage" arising out of the sole
negligence of the additional insured,
AP2209US O4-10 Page 1 of
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I
The following definitions are added to SECTION V — DEFINITIONS of this policy:
t
'Residential housing" means a structure or structures, including the land upon which it is situated,
designed or intended for occupancy in whole or in part as a residence by any person or persons.
"Residential housing" does not Include "apartments" or "apartment buildings,"
"Apartments" means one or more rooms of a building used as a dwelling unit separate from
others In the building and which are rented from others by those dwelling in them, j
"Apartments building" means a structure containing two or more separate 'apartments,"
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
i
1
AP2209US O4-10 Page 2 of 2
POLICY NUMBER: 000659951
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFEULLY.
WAIVER OF SUBROGATION AS REQUIRED BY {
CONTRACT
This endorsement modifies Insurance provided under the following:
ALL COVERAGE PARTS
The Company agrees to waive any right of recovery against any person or organization, es j
required by written connect, because of payments we make for injury or damage which is limited
to liability directly caused by "your work" which Is Imputed to such person or organization.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. f
AP5004US 11-06 Page 1 of 1
POLICY NUMBER, BAA56649887
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT (CA) INCLUDES:
Broad Form Insured
Covers, with limitations, all legally incorporated entities of which you own more
---e_
khan a 50% interest,
impioyees as Insureds
Provides excess liability coverage to cover the individual liability of employees
using then' own autos in your business.
Blanket .Additional Insured
When req aired by contract.
u lemen�n Pa ,rnents
Increases ball bonds to $3000 and loss of earnings to $500 per day,
Amended Fellow Employee Exclusion
Amends the Fellow Employee Exclusion to extend to Bodily Injury resulting
from the use of a covered auto.
Hired Auto Physical Damage
Provides coverage up to $50,000 if at least one owned vehicle is covered for
comprehensive and collision and hired auto liability is included. Up to $1000 per
`accident' for the actual loss of use of the hired auto if it results from an
accident, you are le all liable and the lessor incurs an actual financial loss
rowing and Labor
rovides towing and -labor up to $50 per disablement for private passenger autos
nd Ii it wei ht trucks; up to $150 er drsablement for medium weight trucks.
Physical Damage Additional
crease coverage for temporary transportation expense up to $50 per day
tans ortation Expense Coverage
$1500 total) if a covered auto is stolen.
Rental Reimbursement
provides up to $75 per day for rental reimbursement because of an accident or
oss to an auto with Physical Damage coverage and up to $500 for expenses
incurred to remove and replace tools and a ui tsnent from the: covered auto.
xtra Expense - Broadened Coverage
Dyers u to $1000 for the expense of returnnin to you a stolen covered auto.
Personal Effects Coverage
Provides coverage up to $600 far ersonal effects if stolen with a covered aute.
,Accidental Anbag Deployment
Provides Excess Coverage to reset or replace an airbag that Mates accidentally
if the auto is covered for com rehensive or collision coverage.
Audio, Visual and Data Electronic ^oVers permanently installed electronic equipment that receives or transmits
Equipment Coverage
udio, visual or data signals. $100 deductible applies to equipment or accessories
used with this a ui ment.
lLoan/Lease Gap Coverage JPays the outstanding balance of a ler=.se, if it exceeds the actual cash value of the
uto and the loss is a total loss.
lass Re air - Waiver of Deductible
awes the deductible if the lass is re aired instead of replaced.
aiked Auto Collision Coverage
he Collision Deductible doesn't apply to private passenger autos or light tE ticks
aiver of Deductible)
hlle in the charge of an insured, legally arred and unoccupied.
wo or More Deductibles
on two or more deductibles apply to the same claim the smaller deductible
ill be waived if all coverage is provided by a member of the Liberty Mutual
Unintentional Failure to Disclose larifies that the insured's failure to disclose all hazards or exposures will not
axards ralffect coverage unless the failure was intentional.
ended Duties in the Event of larifes that the insured's duty to notify us of a loss does not begin until the loss
ccident, Clalin Suit or Loss ris known to the insured.
ire Auto Covers e Territory farrito for autos hired 30 da s or less is extended to anywhere in the world.
Bodily minty R etined Pedefines bodilX.jnjury to include mental anguish.
Waiver of Transfer of Rights of if any person or organization to or for whom we make payment has
ecoveryAgainstOtherstoUsawed their rights of recovery before an accident or loss, our tights are waived
rlarifies
so,
Extended Cancellation Condition rovides at least 60 days' time in which to replace coverage if cancellation is for
_--- _ rXaxy reason other than nonuavment.
* This summary contains highlights only acid is subject to change. The specific terms of coverage, exclusions, and limitations are
contained in the Insurance Policy.
Workers' Compensation and Employers' Liability Policy
Named Insured
Endorsement Number
BARRETT BUSINESS SERVICES, INC. L/C/F
THREE PEAKS CORP.
Policy Number
8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662
Symbol: RWC Number: C48821145
Policy Period
Effective Date of Endorsement
09-01-2016 TO 09-01-2017
09-01-2016
Issued By (Name of Insurance Company)
ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of
the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect
to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract
to obtain this waiver from us.
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
Schedule
1. ( ) Specific Waiver
Name of person or organization:
( X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this
waiver.
2. Operations:
ALL CALIFORNIA OPERATIONS
3. Premium:
The premium charge for this endorsement shall be 2.0 percent of the California premium developed
on payroll in connection with work performed for the above person(s) or organization(s) arising out of the
operations described.
4. Minimum Premium: $ 0
5:5:�
— Authorized Agent
WC 99 03 22
BUSINESS LOCATION
OUTSIDE CITY LIMITS
BUSINESS NAME. THREE PEAKS CORP
BUSINESS ADDRESS, PO BOX 101
CALIMESA, CA 92320
By Crnf
FINANCE DIRECTOR
78-495 Calle Tampico La Cluinta, Cal#fornfa 922S3
(760) 777-7000 i
CERTIFICATE 'ff
NON -TRANSFERABLE f
uslness Owne
Please be aware that Issuance of t business license by the City dries not auth�rtte you to
corxiutt business In a building or tenant space that has not been approved f orxupancy
by the atilldine and Sdmy Department. ff you have any questlons regarding 1s issue,
Of if you are not sure If a Certtficate of Occupancy has been Issued for your p ce of
business, please contact Building and Safety at I7601777-7012.
The Licensee namedhereln having paid to the City of La Qulnta all fees requirod, license
is hereby granted said licensee to transact the business herein set forth, for tl7�
staled, in conforrtrdtywIththe ProvNionsof Ordinance No. 2 of this City. Thlsit.icenuw Is
Issued without yerffcatlon that the licensee is subject to or exemptfrom llce4ng by the
State of California. i
BUSINESS LIC NO: LIC-0111037
CLASSINCATION: GENERAL CONTRACTOR
irXPIRATION DATE; 3/31/2017
tev 0"fra
— GEM ofthe DESERT —
TO: Frank J. Spevacek, City Manager
FROM: Leonard R. St. Sauver, Construction Manager/Inspection Supervisor
VIA: 1S Tim Jonasson, P.E., Design and Development Director/City Engineer
Ed Wimmer, P.E., Engineering Services Principal Engineer
Susan Maysels, City Clerk
DATE: February 2, 2017
RE: City Hall Miscellaneous Exterior ADA Improvements
Project No. 2016-05A, CDBG Project 4. LQ.26-16
Attached for your signature is the agreement with Three Peaks Corp for City Hall
Miscellaneous Exterior ADA Improvements.
Please sign the attached agreement and return it to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate.
X Contract payments will be charged to account number: 401-0000-60188-201-605-CT
X Amount of Agreement, Amendment, Change Order, etc.: $96.332.00
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 th is agreement is base.on:
X Approved by the City Council on January 17.2017
N/A City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less
N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to theagreement:
X Insurance certificates as required by the agreement 02/02/17: Approved by Pam N ieto
X Performance bonds as required by the agreement (originals)
X City of La Quinta Business License No. 00111037; Expires: 3/31/17
include License copy; or list License No. and Exp. date above
X Purchase Order number 093
78-495 Calle Tampico La Quinta, CA 92253 760.777.7000
t(V QW�t r(4j
GEM nftk, D ESF:RT
TO: Susan Maysels, City Clerk
FROM: Leonard R. St. Souver, Public Works Construction Manager L s
Via: fiat Jonasson, P.E., Design and Development Director/City Engineer
Ed Wimmer, P.E., Engineering Services Principal Engineer
DATE: February 24, 2017
RE: Contract Change Order No. 1
City Hall Miscellaneous Exterior ADA Improvements
Project No. Project No. 2016-05A
Attached for your signatures is one (1) original Contract Change Order No. 1 between Three
Peaks Corp and the City of La Quints for the project referenced above.
This Contract Change Order allows for the removal and replacement of four (4) non -compliant
ADA Access Ramps.
Please sign and return the original to the City Clerk for final distribution.
REQUESTING DEPARTMENT TO CHECK THE ITEMS BELOW AS APPROPRIATE:
Authority to execute this agreement is based upon:
X Department Director's signature authority provided under Contract Change Order Policy Contracts
under $15,000.00
The following Budget Summary is provided:
Construction and Contingency Amount
$ 118,634
Original Contract Amount
($ 96,332)
Contract Change Order No.1
7,434)
Construction and Contingency Balance Remaining
$ 14,868
As indicated, adequate funding is available.
., �-� -
78-495 Calle Tampico La Quinta, CA 92253 760.777.7000
1GFM (f^de DES�12"f
Sheet 1 of 2
CONTRACT: City Hall Miscellaneous Exterior ADA Improvements
PROJECT NO. Project No. 2016-05A
CONTRACTOR: Three Peaks Corp.
1025 Calimesa Blvd. #6
Calimesa, CA 92320
CONTRACT CHANGE ORDER NO. 1
********************************************************************************************
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.
********************************************************************************************
DESCRIPTION OF CHANGE
This Contract Change Order allows for the removal & replacement of 4 additional ramps.
Total.$ 7,433.42
********************************************************************************************
Original Contract Amount $ 96,332,00
Add This Change Order $ 7,433.42
Revised Contract Total $ 103,765.42
By reason of this contract change order the time of completion is adjusted as follows: -2- days added to
contract time.
The revised contract completion date shall be: 03/17/17
********************************************************************************************
Submitted By: -�
Approved By:
Date:-
Dater IL J 2? 7�
We, the undersigned Contractor, have given careful consideration to the change proposed 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 accept as full
payment the amount shown eAwh° ncl es all direct and indirect overhead expenses for any delays.
Accepted By: Tale:
s'
Contractor. T aF CUE? Date:--,? Z
78-495 Calle Tampico La Quinta, CA 92253 760.777.7000
THREE PEAKS CORP.
Three Peaks Corp.
PO BOX Ioi
Calimesa, Ca 92320
909.522.22I9
§d ElthreepeakscorD.com
City of La Quinta
Dept. of Public Works
78-495 Cal le Tampico
La Quinta, Ca 92253
DATE February23,2or7
COR
SALESPERSON JOB
PAYMENrTERMS
DUE DATE
ES
4 addel ramps
Due upon receipt
QUANTITY DESCREMON
UNIT PRICE
LINE TOTAL
I.00
Demo Concrete and haul away
$ 2,010.49
$ 2,010.49
1.00
Form Labor
$227.60
$227.6o
I.00
Concrete labor
$I,147.04
$4147.04
1.00
Concrete
$560.26
$560.26
1.00
Pavers
$1,056.88
$1,056.88
1.00
Thinset
$142.32
$142.32
1.00
paver labor
$I,049.93
$I,049.93
SUBTOTAL
$ 6,194.52
P, O & S
1,238.90
TOTAL
S 7,493.42
Quotation prepared by: Erik Simmons
This is a quotation on the goods named, subject to the conditions noted above. The person accepting this quotation on behalf of an entity
represents and warrants that he/she has been duly authorized to accept this quotation on behalf of such entity, and that such entity is fully
bound.
To accept this quotation, sign here and
t(V Qu' frcu
-- 6h,M #1ibr U1tSCRT --
Sheet 1 of 2
CONTRACT: City Hall Miscellaneous Exterior ADA Improvements
PROJECT NO. Project No. 2016-05A, CDBG Project 4.LQ.26-16
CONTRACTOR: Three Peaks Corp.
1025 Calimesa Blvd. #6
Calimesa, CA 92320
CONTRACT CHANGE ORDER NO.2
Pursuont 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 olC work shall conform to the terms, general conditions, and
special provisions of the original Contract.
**,r****Y**Y***+r*+e+r+►****+�**w**,�*********�e*++r***,.,ear****Yx****�***,.*******»*+*�********�«�***�
p
This Contract Change Order allows for a Contract Quantity Adjustment between the Bid Quantities and
Actual Quantities Installed. Total $ 1,114.90
YFYM*Y***** R*1k1k#*'k*******11**#* 7�rM�fY#,t*/e!►MF#V1*'*7t�k**R*!CR'k*�t11tMt'k1��t#Yik�ktlk9ltlY9e*71'ktk**lhfr�l^krF1FA*k.Nt* ***!r*fl'*1M
Through Contract Change Order No. 1 _ $ 103,765.42
Add This Change order Na. 2 $ 1,114.90
Revised Contract Total $104,884.32
By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to
contract time.
The revised contract completion date shall be; 03/17/17
Submitted By.
Approved By:---..
PP—r--
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this
proposal is approved, that we will provide all equipment, furnish ail materials, perform old tabor, except as may be
noted above, and perform all services necessary to complete the above specified work, and hereby accept as full
payment the amount show ve, Wh) cf de direct and indirect overhead expenses for any delays.
Accepted By: Title:
Contractor: � Date:
78-495 Calle Tampico Lo Quinto, CA 92253 760.777.7000
CITY OF LA QUINTA
City Hall Miscellaneous ADA Improvements
Project No. 2016.06A, CDBG Project 4.1-0.26-16
Final Quantity Adjustment Comparison
Base Bid Area No. 1
Actual Quantl Installed
Sia ❑uanti
Item No, Description Unit Bid 0 Unit Price
I uantil New Total
Unit Price Extended Price
Cost Difference
1
Mobilization
LS
1
$ 2.000.00
1
$2 000.00
$2.000.00
$2 000.00
$0.00
2
Dust Control
LS
1
$ 2.000.00
1
$2 000.00
$2 000.00
$2,000.00
$0.00
3
Traffic Control
LS
1
$ 4.000.00
1
$4.000.00
$4,000.00
$4,000.00
$0.00
4
Remove Existing Concrete Sidewalk and Rams
SF
1.675
$ 5.00
1,898
$9,490.00
$5.00
$8,375.00
$1,115.00
5
Remove Handrails
LS
1
$ 2 500.00
1
$2 500.00
$2.500.00
$2,500.00
$0.00
6
Remove Existing Curb and Curb k Gutter
LF
67
$ 20.00
58
$1,160.00
$20.00
$1 340.00
-$180.00
7
Remove and Relocate Existing Trash Can and
Construct Concrete Pad
EA
1
$ 500.00
1
$500.00
$500.00
$500.00
$0.00
8
Remove and Salvage Existing Cigarette Bin to City
1 Yard
EA
1
$ 200.00
1
$200.00
$200.00
$200.00
$0.00
9
Grind Existing Concrete Flush
LF
14
$ 50.00
7
$360.00
$50.00
$700.00
4350.00
10
Construct Sidewalk per Ci of La Quints STD 240
SF
1,396
$ 10.00
1.445
$14.450.00
$1Q00
$13.960.00
$490.00
11
Curb Rams per City of La Quaita STD 250 Case A
EA
1
$ 2.800.00
1
$2,800.00
$2.800.00
$2,800.00
$0.00
12
Curb Rams per Ci of La quinta STD 250 Case E
EA
2
$ 2.650.00
2
$5 300.00
$2.650,00
$5,300,00
$0,00
13
Curb Rams per City of La Quinta STD 250 Case F
EA
2
$ 2 550,00
2
$5 100.00
$2 550.00
$5.100.00
$0.00
14
Construct Truncated Domes per City of La Quints.
STD 250
SF
56
$ 50,00
56
$2,800.00
$50,00
$2 800.00
$0.00
15
Construct Handrails
LF
373
$ 30,00
373
$11.190,00
$30.00
$11,190.00
$0.00
16
Prep, Prime and Paint Existin Handrails
LF
46
$ 25.00
46
$1150.00
$25.00
$1,150,00
$0.00
17
Construct Curb and Gutter
LF
55
$ 58.00
58
$3,364.00
$58,00
$3 190,00
$174.00
18
Crack Seal and Construct Guard Top ( 2 coats )
over existing avin
SF
17,630
$ 0.90
17,481
$15 732.90
$0.90
$15.867.00
-$134.10
19
Si ning and Striping
LS
1
$ 8,860.00
1
$8 860.00
$8,860.00
$8.860.00
$0.00
20
Modify Existing Landscaping and Irrigation and
Electrical As Needed
LS
1
$ 4.500.00
1
$4,500.00
$4 500.00
$4,500.00
$0.00
21
Item
$0.00
0
$0.00
$0.00
$0.00
$0.00
22
Item
$0.00
0
$0,00
$0.00
$0.00
$0.00
23
Item
$0.00
0
$0.00
$0.00
$0.00
$0.00
24
Item
$0.00
0
$0.00
$0.00
$0.00
$0.00
25
Item
$0.00
0
$0.00
$0.00
$0.00
$0.00
Total
$97 446.90
$98 332.00
$1.114.90
ta Qtrcv
-- GEM nf'tbr DESERT —
TO: Susan Maysels, City Clerk
FROM: Leonard R. St. Sauver, Public Works Construction Manager
Via: Tim Jonasson, P.E., Design and Development Director/City Engineer
Ed Wimmer, P.E., Engineering Services Principal Engineer
DATE: March 13, 2017
RE: Contract Change Order No. 2
City Hall Miscellaneous Exterior ADA Improvements
Project No. Project No. 2016-05A
Attached for your signatures is one (1) original Contract Change Order No. 1 between Three
Peaks Corp and the City of La Quinta for the project referenced above.
This Contract Change Order allows for a Contract Quantity Adjustment between the Bid
Quantities and Actual Quantities Installed.
Please sign and return the original to the City Clerk for final distribution.
REQUESTING DEPARTMENT TO CHECK THE ITEMS BELOW AS APPROPRIATE:
Authority to execute this agreement is based upon:
X Department Directors signature authority provided under Contract Change Order Policy Contracts
under $15,000.00
The following Budget Summary is provided:
Construction and Contingency Amount
$ 118,634
Original Contract Amount
($ 96,332)
Contract Change Order No.1
7,434)
Pending Contract Change Order No.2
1,115)
Construction and Contingency Balance Remaining
$ 13,753
As indicated, adequate funding is available.
78-495 Calle Tampico La Quinta, CA 92253 760.777.7000
Document-3 067975 -Page-1
Page 1 of 1
DOC # 2017-0138039
04/06/2017 11:31 AM Fees: $0.00
Page 1 of 2
Recorded in Official Records
County of Riverside
Peter
PLEASE COMPLETE THS INFORMATION
Assessor -County Clerk -Recorder
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
"'This document was electronically submitted
to the County of Riverside for recording—
Attn: City Clerk
Receipted by: MARIA VICTORIA #411
78-495 Calle Tampico
La Quinta, CA 92253
SPACE ABOVE FOR RECORDER'S USL ONLY
NOTICE OF COMPLETION
CITY HALL MISCELLANEOUS EXTERIOR ADA IMPROVEMENTS
CITY PROJECT NO. 2016-05A
CONTRACTOR: Three Peaks Corp.
Title of Document
THIS AREA FOR
RECORDERS
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Exempt Recording Fees per Government Code Sections 6103 and Z7383
about:blank 4/10/2017
NOTICE OF COMPLETION
FILED BY THE CITY OF LA QUINTA, CALIFORNIA
NOTICE IS HEREBY GIVEN:
1 . That the interest or estate stated in paragraph 3 herein in the real property herein
described is owned by: The City of La Quinta, California, a Municipal Corporation,
organized and incorporated pursuant to the laws of the State of California.
2. The City Clerk of the City of La Quinta is authorized and directed to execute, on behalf
of said City, any and all Notices of Completion.
3. That the nature of the life of the stated owner, or if more than one owner, then of the
stated owner and co -owners is: In Fee.
4. That on the 13T" day of March 2017, a work of improvement on the real property
herein described was completed.
5. The public work improvement is described as follows: City Hall Miscellaneous exterior
ADA Improvements, City Project No. 201 fr05A.
6. The name of the contractor for said work of improvement was: Three Peaks Corp.
7. The property on which said public work of improvement was completed is in the City of
La Quinta, County of Riverside, State of California, and is described as follows: 78495
Calle Tampico.
DATED: April 5, 2017 CITY OF LA QUINTA, CALIFORNIA
BY:
TITLE: Susan Maysels, City Jerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
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.
W#Vi4----
SUSAN MAYSELS, Citf Clerk
City of La Quinta, California