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Tri-Star Construction/Sewer Connections 02CITY OF LA QUINTA CONTRACT AGREEMENT FOR CONSTRUCTION SEWER HOOK-UP AND ABANDON OF EXISTING SEWAGE SYSTEM THIS AGREEMENT is made and entered into by and between the City of La Quinta, hereinafter called the "City", and, Tri Star Construction hereinafter called the "Contractor". RECITALS: A. The City desires to retain the services of the Contractor to provide services for the construction of certain sewer hook-ups and abandon existing disposal facilities within a special assessment district, Project 2002-02. B. The Contractor has represented to the City that it has the expertise, experience and qualifications to perform the services described in Paragraph A, above, and those services which are more fully described below. NOW THEREFORE, in consideration of the foregoing and the covenants and agreements set forth below, the City and the Contractor mutually agree as follows: The Contract Documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to bidders, Proposal, the Bidder's Declaration, the Bid Bond, the Designation of Subcontractors, the Construction Project Reference, the Affidavit of Non -Collusion by Contractor, the Bidder's Assurance, the Certificate of Non - Discrimination by Contractors, the Faithful Performance Bond, the Payment Bond, the Worker's Compensation Insurance Certificate, the Instruction for Signing Bids, Bonds and Contracts, General Conditions, Standard Specifications, Special Provisions, and all referenced specifications, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion is an acceptable manner. All of the provisions of said Contract Documents are made a part hereof as though fully set forth herein. The following is a general and abbreviated description of the works of improvement: "Sewer Hook -Up and Abandon of Existing Sewage System" CA-1 For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above -stated project in good and workmanlike manner under the direction and to the satisfaction of the City and pursuant to and in strict accordance with the Contract Documents and Specifications. The Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder, with the following additions: 1. All contractors awarded contracts with the City of La Quinta pursuant to the California Public Contract Code provisions, who demonstrate by documentation satisfactory to the City Manager that supplies or equipment utilized for performance of the contract were purchased in the City of La Quinta, shall be paid an additional amount to the contract award equal to one percent of the purchase price of said supplies or equipment for so long as the City is entitled to one percent of the sales tax imposed at the time of purchase. 2. Contractors employing lower income project area residents in compliance with Resolution No. 93-12, Section 4 on page NIB-4, shall be eligible for a rebate credit. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in this manner and time specified in the aforesaid Contract Documents; also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. The City hereby promises and agrees to employ, and does hereby employ, the contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same. The City hereby fixes the time for the commencement of said work to be within five (5) working days from the date of the Notice to Proceed. The Contractor will, within five (5) working days from the Notice to Proceed, complete the said work of CA-2 improvements at each location and turn same over to the City ready for use and free and discharged of all liens, claims and demands whatsoever. The total project shall be completed within one hundred twenty (120) days. The provisions of Title 1 (commencing with Section 4200), Chapter 3, Division 5 of the California Government Code, and further, the provisions of Title 15 (commencing with Section 3082), Part 4, Division 3 of the California Civil Code, are expressly made applicable to work done under this Contract. The Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the Contract. Such securities shall be deposited with the City, or a state or federally charted bank as escrow agent, who shall pay such monies to the contractor upon satisfactory completion of the contract. Such securities, if deposited, will be valued by the City, whose decision on valuation of the securities shall be final. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 and Government Code Section 4590. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City's attorney. As required by Sections 1770 et. seq. of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file in the office of the City Clerk of La Quinta, which copies shall be made available to any interested party on request. The City shall also cause a copy of the determination of the Director of the prevailing rate of per diem wages to be posted at each job site. None of the appointed or elected officials, officers, employees or agent, of the City shall be liable for any portion of the expense of work aforesaid, and such costs and expenses are limited obligation of the City, payable solely from the funds specifically described herein. It is agreed by the parties to the Contract that time is of the essence; and that in the case all of the work is not completed before or upon the expiration of the time limit set CA-3 forth, damages will be sustained by the City and it is, therefore, agreed that the Contractor will pay to the City as damages the amount of the actual damage, as determined, due to the failure to complete the work in the time agreed upon. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final inspection and preparation of the final estimate shall not be included in such charges. The expenses and damages described above shall be deducted from any money due the Contractor under this Contract; the Contractor and his sureties shall be liable for any such excess cost. The Contractor acknowledges the provisions of the California Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that Code, and certifies compliance with such provisions. Limits shall be not less that those specified in the insurance requirements contained in the General Conditions of the Contract Documents. With respect to performance of work under this Contract, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as required in the General Conditions of the Contract Documents. The Contractor shall comply with the indemnification requirements of the General Conditions of the Contract Documents. This Contract is not assignable nor is the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights or obligations of either party without the prior written consent of the other shall be void and of no force and effect. In any action brought to declare the rights granted herein or to enforce any of the terms of this Contract, the prevailing party shall be entitled to an award of reasonable attorney's fees in an amount determined by the court. CA-4 The Contractor shall not discriminate in the hiring of employees or in the employment of subcontractors on any basis prohibited by law. The Contractor is and shall at all times remain as to the City, a wholly independent contractor. Neither the city nor any of its agents shall have control of the conduct of the Contractor or any of the Contractor's employees, except as herein set forth. The Contractor shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. All notices and communications shall be sent to the parties at the following addresses: CITY: Building and Safety Department CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 CONTRACTOR: The Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein. This Contract supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the works of improvement described in paragraph A of the Recitals hereinabove. Each party to this Contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this Contract shall not be valid or binding. Any modification of this Contract will be effective only if signed by the party to be charged. CA-5 IN WITNESS WHEREOF the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JU . GREEK, City Clerk APPROVED AS TO FORM: r M. KATHERINE JENSON, y Attorney Dated: CITY OF LA QUINTA a California Municir)e By: Ira orporation , Mayor CONTRACTOR: T�1 SrAlz By• Signature Printed Name (O wLNIS Title (If a corporation, affix seal) CA-6 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta, hereinafter referred to as the "City", has awarded to T_9M — 5S719A Cc4v s'r�euc-t-/ur✓ hereinafter designated as the "Principal", a contractor for the construction of "Building Sewer Hook-ups and Abandon Existing Facilities"; AND WHEREAS, said Principal is required under the terms of said contract to furnish a bond guaranteeing the faithful performance of said Contract. NOW, THEREFORE, we, T2z s z C;� J lWa Ln vAJ as Principal, and are held firmly bound unto the City in the sum of as Surety, Dollars ($ ), this amount being not less than one hundred percent (100%) of the total contract price, lawful money of the United State of America, to be paid to the City, its successors and assigns, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said contract and any alternation thereof made as therein provided on its or their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, and agents, or therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to the "City" in an amount to be fixed by the court. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration or addition to said contract, and of any feature or item or items of performance required therein or thereunder, shall in any way affect its obligations on or under this bond, and said Surety does hereby waive notice of any such amendment, change, or extension of time, alteration or addition to said contract, and of any feature or item or items of performance required therein or thereunder. FPB-1 No premature payment by the City to said Principal shall exonerate and Surety unless the City Council of La Quinta shall have actual notice that such payment is premature at the time it is ordered by the City; and than only to the extent that such payment shall result in loss to such Surety, but in no event more than the amount of such premature payment. IN WITNE S WHEREOF, we have hereunto set our hands and seals on this day of , 200 2 n/et,_ sue" err. rincipal * BY. Surety* BY: * Provide PRINCIPAL/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Power of Attorney must be attached. Subscribed and sworn to this U day of 5�4nel�n b� , 20Q ;;k—. DEANMeRtJly; C"MkWM 1P i3o, sas Rim Courdy Comm X Zoos FPB-2 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta, hereinafter referred to as the "City", has awarded to jc2�� �®.J r �,S,�-, v� as Contractor, a contract for the construction of certain building sewer hook-ups and abandon existing facilities. AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialpersons and other persons, as provided by law; NOW THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns or subcontractors fails to pay for any materials, provisions, provender or other supplies, or teams, equipment, implements, trucks, machinery or power used in, upon for or about the performance of the work contracted to be done or shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13010 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to the plaintiffs) and City in an amount to be fixed by the court. This bond is executed pursuant to the provisions of Title 15 (commencing with Section 3082), Part 4, Division 3 of the California Civil Code and this bond shall insure to the benefit of any of the persons or their assigns in any suit brought upon this bond. No premature payment by the City to said Principal shall exonerate any Surety unless the City Council of La Quinta shall have actual notice that such payment is premature at the time it is ordered by the City; and then only to the extent that such payment shall result in loss to such surety, but in no event more than the amount of such premature payment. PB-1 Further, said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of said Contract, and of any feature or item or items of performance required therein or thereunder shall in any way affect its obligations on or under this bond, and said Surety does hereby waive notice of any such amendment change, extension of time, alteration or addition to said contract, and of any feature or item or items of performance required thereon or thereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 20 Principal* BY: Surety* BY: * Provide PRINCIPAL/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Power of Attorney must be attached. Subscribed and sworn to this day of 20 NOTARY PUBLIC PB-2 TO: CITY OF LA QUINTA RE: PERFORMANCE OF WORK FOR BUILDING SEWER HOOK-UPS AND ABANDON EXISTING FACILITIES I am aware of the provisions of Section 3700 of the labor code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commending the performance of the work of the Contract. DATE: R . 0 z- CONTRAC OR BY - Si l� gnat re (lU ),SEi, Title INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS CORPORATIONS Give the name of Corporation. Signatures: President or Vice -President and Secretary or Assistant Secretary Affix corporate seal and notary's acknowledgment. Others may sign for the corporation if a certified copy of a resolution of the corporate board of directors authorizing them to do so is furnished. PARTNERSHIP Signatures: All members of partnership. One may sign if copy of authorization is furnished. Affix notary's acknowledgment. JOINT VENTURES Give the names of the joint venturers. Signatures: All joint venturers. One may sign if copy of authorization is furnished. INDIVIDUALS Signatures: The individual. Affix notary's acknowledgment. Another may sign for the individual if certified power -of -attorney authorizing the other person to sign is furnished. FICTITIOUS NAMES Show fictitious names. Satisfy all pertinent requirements shown above. BONDS In addition to all pertinent requirements above, give signature of Attorney in Fact and apply Surety's seal. IFS-1 NOTICE TO CONTRACTOR TO ENTER INTO CONTRACT TO: lei STqg C_CNsT2U C"6A (NAME OF CONTRACTOR) YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you by the City of La Quinta (hereinafter referred to as the "City") for BUILDING SEWER HOOK-UPS AND ABANDON EXISTING FACILITIES in the CITY OF LA QUINTA, STATE OF CALIFORNIA. The Contract for said work is on file in the office of the City Clerk, and further, you are hereby required within five (5) working days after this Notice to enter into a Contract with said City for the doing of said work and to furnish therewith a Bond for Faithful Performance in a sum equal to one hundred 0 00%) of the Contract price, and also a Payment Bond, as required by law, in the sum of one hundred (100%) of the Contract price. DATED this day of , 20 CITY CLERK CITY OF LA QUINTA STATE OF CALIFORNIA NTC-1 GENERAL CONDITIONS BUILDING SEWER HOOK-UP AND ABANDON EXISTING FACILITIES 1. SPECIFICATIONS The Specifications for Building Sewer Hook-ups shall be the 1998 Edition of the California Plumbing Code for this project. All work shall conform to the C.P.C. Specifications, these General Conditions, the Special Provisions and Detailed Specifications which supplement or modify the Specifications. 2. DEFINITIONS "City of La Quinta", the "Contractor", and the "Contract Documents" are identified in the Contract. The "City of La Quinta" and the "Contractor" include their authorized representatives and are treated throughout as if each were singular in number and neuter in gender. "Contractor" includes its surety. Whenever in the Specifications and Contract Documents the following terms are used, they shall be understood to mean and refer to the following: (a) AGENCY The City of La Quinta, California and/or the City Of La Quinta Redevelopment Agency (b) BOARD The City Council of the City of La Quinta and/or the Directors of the City of La Quinta Redevelopment Agency (c) ENGINEER Refers to the Director of Public Works/City Engineer, or the Director of Building and Safety and includes his authorized representatives 3. ENGINEER The Engineer shall act as the City's representative during the construction period. He shall determine the amount, quality, acceptability and fitness of parts of the work and interpret the Contract Documents. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. No act or omission of the Engineer shall relieve the Contractor of the duty to proceed with the work in strict conformity with the Contract Documents. Upon request, the Engineer shall reduce to writing any oral order, objection, requirement or determination. Whenever the Engineer's approval is required, it shall be in writing only. All communications to the City by the Contractor shall be via the Engineer. GC-1 No work shall be performed on site other than during normal working hours without the knowledge and consent of the Engineer. The Contractor shall hand deliver written notification to the Engineer twenty-four (24) hours prior to any non -emergency overtime, weekend or holiday operations and obtain the Engineer's written authorization. The sum of the City inspector's pay for inspection of overtime weekend or holiday work performed will be deducted from any monies due to the Contractor. Overtime is defined as work in excess of 8 hours per day. The Contractor, and not the Engineer, will be responsible for the construction means, controls, techniques, sequences, procedures, and construction safety. 4. SITE INSPECTION - EFFECT OF OTHER IMPROVEMENTS SHOWN AND CONTRACT PROCEDURE Elsewhere in the Contract Documents reference may be made graphically, descriptively or both graphically and descriptively, to the existence or possible existence of other improvements affecting the ,site and the prosecution of the work such as surface and subsurface utilities, drainage ditches and courses, building, fencing, retaining walls, roadways, curbs, trees, shrubs, and similar matters. Such matters are included to be used by the Contractor to the extent it deems appropriate. However, it is expressly understood and agreed: A. Showing or describing such items does not mean that it is an exhaustive and complete presentation and that as to matters shown or described that they necessarily exist and no responsibility is assumed by the City as to their exact location. The Contractor shall be responsible for locating and protecting all utilities during the course of the work. The Contractor is to notify utility companies 48 hours prior to start of construction. B. All graphic presentations are schematic only unless the contrary is clearly set out elsewhere as to a particular matter. C. All improvements of the nature above described --whether elsewhere show or described or not --shall, unless the contrary is elsewhere specifically directed, remain in place, undisturbed and suitably protected during the course of the work. Whenever during the course of the work a subsurface improvement is discovered which the Contractor believes is unknown to the City, it shall immediately so inform the Engineer. Except as elsewhere provided, whenever in the course of the work it becomes apparent that the work cannot proceed without the destruction or relocation of any improvement, whether shown or described, the Contractor shall immediately cease work affecting such improvements and notify the Engineer as to such circumstances and await instructions as to how to proceed. GC-2 D. Prior to the start of any excavation, the Contractor shall coordinate its work with all utility companies having services in the area and shall request that they mark all their locations on the ground. The Contractor shall be required to cooperate fully with all utility forces or forces of other public agencies engaged in relocation, lowering, altering, or otherwise rearranging any facilities interfacing with the progress of work or installing any facilities thereon. The Contractor will also be required to cooperate fully with any city, county or state forces working on or near the project, or requiring access to the work in the performance of their duties. This paragraph will serve as notice to the Contractor that the other contractors will be working at the site. The Contractor shall afford other contractors reasonable opportunity for the delivery and storage of their materials and the execution of their work and shall properly coordinate his work with theirs. Should construction be underway by other forces or by other contractors within or adjacent to the limits of work or in the vicinity of the work to be done under this Contract, the Contractor shall so conduct his operations as to interfere to the least possible extent with the work of such other forces or contractors. Any differences or conflicts which may arise between the Contractor and any other forces or contractors, creating delays or hindrance to each other,, shall be adjusted as determined by the Engineer. 5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS At his expense the Contractor shall: A. Take every precaution against injuries to persons or damage to property. B. Comply with regulations governing the use of the property. The Contractor shall furnish the City with a copy of written permission from the property owner to the Contractor to use private property for any storage of materials, equipment or debris. C. Store and suitably protect its apparatus, equipment, materials, and supplies in an orderly fashion on site. D. Place on the work only such loads as are consistent with the safety of the work. E. Effect all cutting, fitting, or patching of its work required to make it conform to the Specifications and interrelated with other improvements but, except with the consent of the Engineer, shall not cut or otherwise alter existing improvements. GC-3 F. Protect and preserve established bench marks and monuments, make no changes in the location of such without the prior written approval of the City, replace and relocate any of them which may be lost or destroyed or which require shifting because of necessary changes in grades or locations. All replacement and relocation work shall be accomplished only after approval of the City and under the direct supervision and instructions of the Engineer. G. Before final payment remove all surplus material, false work, temporary structures, debris, and similar matters resulting from its operation from the site and to put the site in an orderly condition. H. Construct, operate and maintain all passageways, guard fences, lights, barricades and other facilities required for protection by state or municipal laws and regulations and local conditions during the course of Ithe work. I. Guard the City's property from injury or loss. J. Take all reasonable precautions for dust and noise control and generally conduct operations so as not to constitute a nuisance. K. The Contractor shall be responsible for the protection of existing signs, fences, asphalt pavement, concrete curb, and gutter and other highway facilities which may be encountered in the roadway. The replacement or repair of any facilities which the City deems necessary as a result of the Contractor's operations shall be done by the Contractor at its own expense and to the satisfaction of the City. 6. CHANGES IN THE WORK The City shall have the right to make any reasonable changes in the work determined to be necessary or expedient. In case such changes increase or diminish the work shown, the Contractor shall be paid for the work actually done at a mutually agreed upon adjustment to the Contract price, based upon the accepted Bid Proposal or according to the provisions of Paragraph 7. The Contractor shall not be entitled to extra payment, nor shall any claim be made on account of anticipated profits on the work that may be omitted. 7. CHANGES IN THE CONTRACT PRICES Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Engineer and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known' as work omitted. GC-4 The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways: (a) By agreed lump sum (b) By agreed unit prices (c) By Force Account If neither (a) nor (b) methods can be agreed upon and the Contractor receives a written order to make such changes, the Contractor shall be compensated by Force Account for his actual necessary costs, including labor, material, and equipment rental, as determined by the Engineer, plus a negotiated fixed fee for profit and such overhead items as home and branch office expenses, general expenses, general superintendence and superintendence, indirect labor, and licenses. The negotiated fixed fee shall not exceed fifteen percent (15%) of actual necessary direct costs. In addition to the actual cost of labor, the amount due the Contractor shall include the cost of compensation insurance, contributions made to the State as required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid the Federal Government, as required by the Social Security Act, approved August 14, 1935, as amended to date, plus other payments the Contractor must make to, or on behalf of, the workers. For the use of the equipment owned by the Contractor, the rental rates therefore shall be based upon the current prices prevailing in the locality, not to exceed the rates promulgated by the California (State) Department of Transportation in effect at the time the work was performed. It is understood that labor, materials, and equipment may be furnished by the Contractor, or by the subcontractor, or by others on behalf of the Contractor. When the work is performed by other than the Contractor's organization, the Contractor shall reach an agreement with such other forces as to the distribution of payments made for such, and no additional payment therefor will be made. When Force Account work is performed by a bona fide and approved subcontractor, the negotiated fixed fee markup is limited to ten percent (10%) for the subcontractor, and give percent (5%) for the prime Contractor, on the performing subcontractor's actual costs, and no markup will be allowed for any intermediary subcontractor between the performing subcontractor and the prime Contractor. All labor furnished on Force Account work shall be adjusted daily upon report sheets, furnished by the Contractor and signed by both parties, which daily report sheets shall thereafter be considered the true record of Force Account labor provided. GC-5 In order that a proper estimate may be made by the Engineer of the net cost of labor and materials entered into force account work, in accordance with the procedure hereinbefore stated, the Contract shall furnish weekly an itemized statement of materials and labor supplied together with the cost of such material and the wages paid, and shall furnish vouchers for quantities and prices of such labor, material, or work. In case the Contractor fails to comply with the above provisions, he shall have no claim for compensation. The City reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages for anticipated profits of any portions of work that may be awarded to others. When the Contractor considers that any changes ordered involve extra work which the Engineer has not recognized as such, he shall immediately notify the Engineer in writing as to when and where alleged extra work is to be performed. If the Engineer directs by written order that the alleged extra work be performed, the Contractor shall comply, and shall make claim for compensation therefor each month not later than the 20th day of the month during which the work claimed to be extra work was performed, and he shall submit a weekly complete statement of materials used and expenses incurred on account of extra work performed, showing allocation of all materials and expenses. All such claims shall state the date of the Engineer's written order. Unless such notification is made in writing and unless complete statements of materials used and expenses incurred on account of such alleged extra work are furnished as above required, the Contractor shall not be entitled to consideration for payment for alleged extra work, and any future claims for compensation for such alleged extra work shall be invalidated. 8. FINAL INSPECTION - NOTICE OF COMPLETION When the Work is ready for final inspection, the City will cause the work to be inspected and subject to such tests as are deemed required for the purpose of determining if the work is completed in every respect. Upon acceptance of the Work, the City shall issue a Notice of Acceptance to the Contractor and a Notice of Completion will be recorded. As between the parties, the recordation of the Notice of Completion, unless recorded because of a cessation of labor, means only that the time for final payment and the commencement of the guarantee period begins. 9. GUARANTEE The Contractor shall warrant and guarantee all materials and equipment GC-6 furnished and Work performed for a period of one (1) year from the date of Notice of Completion and that the completed project is free from all defects due to faulty materials or workmanship. The Contractor shall promptly make such corrections without cost to the City and in accordance with the Engineer's direction as may be necessary by reason of such defects including the repairs of any damage to other parts of the project resulting from such defects. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs or adjustments or perform other work that may be made necessary because of such defects, the City may make such repairs or adjustments or perform other work and charge the Contractor the cost thereby incurred. The Faithful Performance Bond shall remain in full force and effect through the guarantee period. 10. CITY'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT The City, without prejudice to such other right, remedy or relief it may be entitled to, may by giving a 24 hours notice to the Contractor, terminate the employment of the Contractor and its right to proceed, if: A. The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors. B. A receiver or liquidator is appointed for the Contractor or any of its property. C. The Contractor shall refuse or fail after Notice of Warning from the City by the Engineer to supply sufficient properly skilled workmen or suitable materials. D. The Contractor fails to prosecute the work with such diligence as will insure its completion within the stipulated time period. E. The Contractor shall fail to make payments to persons applying labor or materials for the work. F. The Contractor does not comply with applicable law or instructions of the Engineer. G. The Contractor is otherwise guilty of a substantial violation of any provision of the Contract Documents. The City's right to terminate may be for the entire work, or at the City's option, as to any portion thereof as to which delay shall have occurred or breach or miscompliance related, and may thereupon take possession Qf the entire Work or portion thereof. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance shall exceed the expense of completion, and other damage, expense or loss of the City occasioned by GC-7 the Contractor's failure to properly perform, such excess shall be paid by the Contractor. If such expense and damage exceeds the unpaid balance, the Contractor is liable to the City for the excess. If the City elects to proceed under this Section, it may take possession of and utilize in completing the work such materials, supplies, plant and equipment on site which may be necessary or convenient for the purpose of completing the work. The City is expressly granted the right --acting via an engineer or otherwise --to operate equipment and machinery on site for the purpose of determining whether it has a basis for proceeding under this Section. A decision by the City not to proceed under this Section does not constitute a waiver by the City of any right it might from time to time have against the Contractor under the Contract Documents. 11. PAYMENT AND MONTHLY ESTIMATES The Contractor shall begin work within 5 working days after the City issued the Notice to Proceed and once having started work, complete the work within 5 working days from the Notice to Proceed. The total project shall be completed within ONE HUNDRED TWENTY (120) days. The time allowed for completion includes an allowance for working time list due to legal holidays and normal inclement weather. At least ten (10) days before each progress payment falls due (but not more often than once a month), the Contractor will submit the Contractor covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. The Engineer will, within ten (10) days after receipt of each partial payment estimate either indicate in writing his approval of payment or present the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The City shall retain ten (10) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the Contract. Such securities shall be deposited with the City, or a state or federally chartered bank escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. Such securities, if deposited by the Contractor, shall be valued by the City whose decision on valuation of the securities shall be final. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 116430 or Government Code Section 4590. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City's attorney. GC-8 12. FAILURE TO COMPLETE THE WORK IN THE TIME AGREED UPON It is agreed by the parties to the Contract that time is of the essence; and that in the case all the work is not completed before or upon the expiration of the time limit set forth, damage will be sustained by the City and it is, therefore, agreed that the Contractor will pay to the City as damages the amount of the actual damage as determined, due to the failure to complete the work in the time agreed upon. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges. The expenses and damages described above shall be deducted from any money due the Contractor under this Contract; the Contractor and his sureties shall be liable for any such excess cost. The Contractor shall not be deemed in breach of its Contract and no forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, provbided the Contractor requests an extension of time in writing. Unforeseeable causes of delay beyond the control of Contractor shall include acts of God, acts of a public enemy, acts of the government, or acts of another contractor in the quarantine restrictions, strikes, freight embargoes, and weather, or delays causes by failure of the City or the owner of a utility to provide for removal or relocation of existing utility facilities. Delays causes by actions or neglect of the Contractor or its agents, servants, employees, officers, subcontractors, directors, or of any part contracting to perform part or all of the work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond Contractor's control) shall not entitle the Contractor to any additional compensation. The sole remedy of the contractor shall be to seek an extension of time. 13. FINAL PAYMENT Within thirty-five (35) days after the completion of the work and its acceptance by the City, the engineer will make a proposed final estimate in writing of the quantities of work done under the Contract and the value of such work and will submit such estimate to the Contractor. Within thirty-five (35) days thereafter, the Contractor shall submit to the Engineer its written approval of said proposed final estimate for written statement of all claims which it has for additional compensation claimed to be due under the Contract. On the Contractor's approval, or if it files no claims within said period of thirty five (35) days, the Engineer will issue a final written estimate as submitted to the Contractor and the City shall pay the sum found due thereon after deducting all prior payments and all amounts to be kept and investigate the Contractor's claims and GC-9 shall make such revisions in the said estimate as he may find to be due, and shall than make the amount so found due after deducting all previous payments and amount to be retained under the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final estimate shall be conclusive and binding against both parties to the Contract on all questions relating to the performance of the Contract and the amount of work done thereunder and compensation therefor, except in the case of gross error. Acceptance of final payment constitutes a release of the City by the Contractor from all claims which are undisputed relating to the work. Any payment, however, final or otherwise, shall not release the Contractor or his sureties from any obligation under the Contract Documents or the Faithful Performance Bond and Payment Bond. 14. CLAIMS The Contractor will indemnify and hold harmless the City and its consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of architects, engineers', attorneys, and other professionals and court and arbitration costs) the lawful demand of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment tools, and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the City's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the City may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the City to either the Contractor, its Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the City shall be considered as a payment made under the Contract Documents by the City to the Contractor and the City shall not be liable to the Contractor for any such payment made in good faith. 15. DOCUMENTS OF CONTRACTOR Upon demand, the Contractor shall make available to the City all documents in its possession relevant to the Work accomplished or to be accomplished or any demand or claim of the Contractor as to the City. This includes copies of GC-10 documents sent by the Contractor to others relevant to the Work. The Contractor shall further make available to the City conformed copies of all documents submitted to the sureties who executed indemnification made to such surety by others for such purpose. The Contractor shall maintain in its possession all documents relative to the work for three years after Notice of Completion. 16. PROJECT SAFETY AND RESPONSIBILITY OF CONTRACTOR TO ACT IN AN EMERGENCY The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: A. All employees on the work and all other persons and organization who may be affected thereby. B. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor of any of its subcontractors or sub -subcontractors. C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structure and utilities not designated for removal, relocation or replacement in the course of construction. D. Vehicular and pedestrian traffic on or near the project site. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall give all notice and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. Except where otherwise expressly required by applicable laws, the City shall not be responsible for monitoring the Contractor's compliance with any laws or regulations. The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. Full compensation for the work involved in carrying out the safety precautions shall be considered as included in the various items of work and no additional payment will be made therefor. In case of any emergency which threatens loss or injury to property or life, the Contractor shall act without previous instructions as the situation may warrant. The Contractor shall notify the Engineer immediately thereafter. Any compensation for emergency work claimed by the Contractor, together with substantiating documentation, shall be submitted to the City via the Engineer. GC-11 17. LABOR CODE Reference is made to Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). By this reference, said Chapter 1 is incorporated herein with like effect as if it were her set forth in full. The parties recognize that said Chapter 1 deals, among other things, with discrimination, penalties and forfeitures, their disposition and enforcement, wages, working hours, and securing workers' compensation insurance and Chapter 1 directly affects the method of prosecution of the work by the Contractor and subjects it under certain conditions to penalties and forfeitures. A. Eight -Hour Law: Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day. The Contractor shall forfeit to the City as a penalty, twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor, or by any subcontractor, for each calendar day during which such workman is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week without such compensation for overtime in violation of the provisions of said Labor Code. B. Prevailing Rates of Wages: As indicated in the Notice Inviting Bids, the City has obtained from the Director of the California Department of Industrial Relations and general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker needed to execute the Contract, a copy of which is hereby incorporated by reference. Copies of the prevailing rates of per diem wages are on file in City's office and are available to any interested party. The Contractor shall forfeit to the City, as a penalty, twenty-five dollars($25.00) for each calendar day, or a portion thereof, for each worker paid less than the per diem wage for any work done under the Contract by the Contractor or by a subcontractor under the Contractor in violation of the provisions of the California Labor Code. It is hereby stipulated by and between the City and the Contractor that the Contractor will comply with provisions of Section 1775 of the California Labor Code. The term "per diem wages" shall be deemed to include employer payments for health and welfare, pension, vacation, travel time and subsistence payment as provided for in Section 1773.8 of the California Labor Code, apprenticeship or other training programs authorized by Section 3093, and similar purposes to be paid to each worker performing work under the Contract. GC-12 The Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice or worker employed by the Contractor. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (a) A certified copy of an employee's payroll record shall be made available for inspection or furnished upon request to a representative of the City, for Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (b) A certified copy of all such payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (c) A certified copy of all such payroll records shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (b), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor. Each Contractor shall file a certified copy of such records with the entity that requested the records within 10 days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. The Contractor shall inform the City of the location of the records enumerated above including the street address, city and county, and shall, within 5 working days, provide a notice of a change of location and address. In the event of noncompliance with the requirements of this Section, the Contractor shall have 10 days in. which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Section. Should noncompliance still be evident after the 10-day period, the Contractor shall, as GC-13 a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon a request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Responsibility for compliance with these paragraphs lies with the Contractor. C. Mandatory Certification of the Contractor and Employment of Apprentices: This Contract shall not prevent the employment of properly registered apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as registered apprentices on the work performed hereunder solely on the grounds of race, religious creed, national origin, ancestry, color, age or sex, except as provided in Section 3077, of such employee. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed, and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Contract work, the Contractor and any subcontractor hereunder who employ workers in any apprenticeable craft or trade shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area of industry affected; provided however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. Upon issuance of this certificate, the Contractor and journeymen provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with this Section 18 and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with the Contractor hereunder. In accordance with the Labor Code Section 1773.3, the City will send notice of the award of this Contract to the Division of Apprenticeship Standards within five days after award, if the Contract is awarded to a General Contractor in the amount of at least $30,000 and involves at least twenty (20) working days, or the Contract is awarded to a Specialty Contractor in the amount of at least $2,000 and involves at least five (5) working days. 18. SUPERVISION BY CONTRACTOR The Contractor will supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. GC-14 The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. The Contractor will employ and maintain on the work site a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the work site at all times as required to perform adequate supervision and coordination of the Work. The Contractor shall not change job supervisor without written approval of the Engineer. Full compensation for conforming to the requirements of this Section shall be considered included in the Contract prices paid for the various items of work and no additional compensation shall be allowed therefor. 19. ALTERNATIVE METHODS OF CONSTRUCTION Whenever the Specifications and Special Provisions provide that more than one method of construction or more than one specified type of construction equipment may be used to perform portions of the work and such specifications or Special Provisions leave the selection of the method of construction or the type of equipment to be used up to the Contractor, it is understood that the City does not guarantee that every such method of construction or type of equipment can be successfully used throughout all or any part of any project. It shall be the Contractor's responsibility to select and use the alternative or alternatives which will satisfactorily perform the work under the conditions encountered. In the event some of the alternatives on any project or equipment specified cannot be utilized, the Contractor shall be responsible for completing the work in a satisfactory and workmanlike manner to provide the intended service and full compensation for any additional cost involved shall be considered as included in the Contract price paid for the item of work involved and no additional compensation will be allowed therefor. 20. PROJECT APPEARANCE The Contractor shall maintain a neat appearance of the work. In the area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. All compensation for conforming to the provisions in this Section not otherwise provided for shall be considered as included in prices paid for the various Contract items of work involved and no additional compensation will be allowed therefor. GC-15 21 . INSURANCE - HOLD HARMLESS The Contractor shall, before the commencement of work herein specified, procure and maintain in full force and effect during the life of the Contract, at its sole expense, insurance as described below: (a) Worker's compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. (b) Comprehensive general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and contractor's protective, blanked contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name the City, the Coachella Valley Water District and their appointed and elected officials, officers, employees, agents and Design Engineer as insureds; and-(b) by primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain standard cross liability provisions. (c) Comprehensive automobile liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Indemnity Provisions: Nothwithstanding the existence of insurance coverage required of the Contractor pursuant to this Contract, the Contractor shall save, keep, indemnify, hold harmless, and defend the City and the Coachella Valley Water District and their appointed and elected officials, officers, employees, agents and the Design Engineer, from every claim or demand made and every liability, loss, damage or expense of any nature whatsoever and all costs or expenses incurred in connection therewith, which arise at any time, by reason of damage to the property of, or personal injury to, any person, occurring or arising out of the performance of the Contractor, its officers, agents or employees, including but not limited to, its subcontractors (hereinafter collectively "Contractor"), of the work required pursuant to this Contract occasioned by any alleged or actual negligent or wrongful act or omission by the Contractor, including any such liability imposed by reason of any infringement or alleged infringement of rights of any person or persons, firm or corporation, in consequence of the use in the performance of the Contractor of the work hereunder of any article or material supplied or installed pursuant to this Contract. GC-16 1 . The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection herewith; 2. The Contractor will promptly pay any judgment rendered against the City, and/or the Coachella Valley Water District, their officers, employees, agents or Design Engineer for any such claims, damages, penalties, obligations or liabilities; and, 3. In the event the City, and/or the Coachella Valley Water District, their officers, employees, agents or Design Engineer is made a party to any action or proceeding filed or prosecuted against the Contractor for such damages or other claims arising out of or in connection with the sole negligence or wrongful acts of the Contractor hereunder, the Contractor agrees to pay the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, and/or the Coachella Valley Water District,' their officers, employees, agents or Design Engineer in such action or proceeding, including but not limited to, reasonable attorneys' fees. Evidence of Insurance: Properly executed Certificates of Insurance, or appropriate insurance binders, evidencing the above insurance coverage with a company acceptable to the City, shall be submitted to the City prior to execution of this Contract on behalf of the City. An endorsement to the policy or policies naming the City, and the Coachella Valley Water District, their appointed and elected officials, officers, employees and agents, including but not limited to, the Design Engineer, as insureds shall accompany the Certificates of Insurance. Notice to the City, Insurance Coverage Change: The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for non- payment of premiums or otherwise, without thirty (30) days prior written notice of amendment of cancellation to the City. In the event the said insurance is cancelled, the Contractor shall, prior to the cancellation date, submit to the City new evidence of insurance in the amounts heretofore established. The Contractor shall required and verify similar insurance on the part of its subcontractors. If the Contractor, for any reason, fails to maintain insurance coverage as is required, pursuant to the Contract, the same shall be deemed a material breach of contract. The City, at its sole option, may forthwith terminate the Contract and obtain damages from the Contractor resulting from said breach. Alternatively, the City may purchase such required insurance coverage and without further notice to the Contractor, the City may deduct from sums due to the Contractor any premium costs advanced by the City for such insurance. GC-17 22. EQUAL EMPLOYMENT OPPORTUNITY General: The Contractor shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical handicap, medical condition, or marital status in the performance of this Contract and shall comply with the provisions of the California Fair Employment and Housing Act (commencing with Section 12900 of the Government Code), Federal Executive Order No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant to said Acts and Order. See particularly 41 Code of Federal Regulation (CFR) Chapter 60. The Contractor shall require each of its subcontractors to comply with the preceding paragraph and shall include in each subcontract language similar to the preceding paragraph. Each bidder shall submit with the bid proposal a fully executed Certificate of Non -Discrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate. A. Transaction of $10,000 or Under 1. Contracts and subcontracts not exceeding $10,000 are exempt from the requirements of this clause. 2. No Contractor or subcontractor shall procure supplies and/or services in less than usual quantities to avoid applicability of the Equal Opportunity Clause. With respect to contracts and subcontracts for indefinite quantities, the Equal Opportunity Clause shall apply unless it is determined by the City that the amount to be ordered in any one year under such contract reasonably will be expected not to exceed $10,000. B. Transactions in Excess of $10,000, but less than $50,000 1. Each prime contractor shall certify that it has in effect an affirmative action plan and agrees to comply with all state and federal laws and regulations concerning Fair Employment Practices. 2. The Contractor shall maintain a written copy of its affirmative action plan and will furnish a copy to the City upon request by the City. The City reserves the right, during the life of this Contract, to require the Contractor to complete an affirmative action compliance report furnished by the City setting definite goals and timetables and indicating progress in meeting the goals. GC-18 C. Transactions of $50,000 or More 1. Each prime contractor who have fifty or more employees and a contract of $50,000 or more shall develop and submit to the City within thirty days of award a written affirmative action compliance program including definite goals and timetables with proposed dates of compliance. The prime contractor shall make, as a condition of its subcontract, the same requirement of each subcontract who has fifty or more employees and a subcontract of $50,000 or more. Each contractor shall include in its affirmative action compliance program a complete table of its employees' job classifications. This table must include, but need to be limited to, job titles, duties and rates of pay. D. The Contractor agrees that it will permit access to its records or employment advertisement, application forms and other pertinent data and records by the City or its designee and any state or federal agency having jurisdiction for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this Contract. E. The City shall have the right to assign an affirmative action representative to monitory the conduct of the Contractor and subcontractors under this Contract. The affirmative action representative shall have the right to enter the construction or manufacturing site for the purpose of obtaining information from persons performing work on the project, providing such inspection shall not in any way interfere with the progress of the work under the Contract. GC-19 SPECIAL PROVISIONS It is the intent of these Specifications that the provisions of all sections included, shall apply, unless otherwise specified in this section, in which case, the Special Provisions of this section shall have precedence over those specified in other parts of these Specifications. It is also the intent that the 1998 edition of the California Plumbing Code shall be the specification for the City of La Quinta. Each sewer hook-up and abandonment of existing facility in the Bidding Schedule will be awarded to the qualifying contractor with the lowest acceptable bid. (Except in the case of preferences per Resolution RA 93-12 page NIB-4) However, the City reserves the right to increase or decrease or totally delete any portion of the Work. Should the City elect to increase or decrease the scope of work, the unit prices of the remaining work to be awarded shall remain at the unit prices as submitted in the proposal. Such deletion or addition of work shall in no way effect the balance of the unit costs in the proposal. Timely completion of the work from the date that the work is started is of great importance. It is imperative that the work is completed in a workmanlike manner within the days allotted for each building sewer hook-up and abandoning the existing sewer disposal facility. No more than four (4) building sewer hook-up and abandonment of existing facilities shall be in process at any one time and taken through final completion before starting another by any one contractor. Any building shall not be without sanitary sewer service for more than two (2) hours in any one day period. The time schedule to complete one complete sewer hook-up and to abandon existing facilities from start to finish shall be 5 working days. The total project shall be completed within ONE HUNDRED TWENTY (120) days. A 48 hour notice must be given to each individual building owner and/or SP-1 tenant to coordinate the work to be done. On private property, construction operations shall be performed during the hours from 8:00 A.M. to 5:00 P.M., Monday through Friday. Work shall be prohibited any time on Sundays or City or Federal holidays. Other events which may restrict the working operation are: Bob Hope Desert Classic, La Quinta Jazz Festival and the La Quinta Arts Festival. - �61 d xZ1 None but competent foreman and workers shall be employed on work requiring special qualifications; and when required by the Engineer, the Contractor shall remove from the work any person who in the opinion of the Engineer is, disorderly, dangerous, insubordinate, incompetent or otherwise objectionable. Such removal shall not be the basis of any claim for compensation or damages against the Engineer, the City, or any of its officers or representatives. .1 -A- Work included in this item shall consist of furnishing all the labor and material for the complete installation of sanitary sewer hook-up and abandonment of existing disposal facilities, in accordance with the applicable provisions of the California Plumbing Code 1998 edition. It shall be the Contractor's responsibility to excavate, furnish and place Schedule 40 A.B.S. sewer pipe, wyes, clean -outs and fittings, locate and establish grade for the proper connection between to sewer lateral and the existing building drain, per Chapter 11 of the C.P.C. A two way clean -out shall be installed at the connection to the existing building drain and brought to the ground surface and capped. Special attention is directed to Section 409 of the C.P.C. requirements for backwater valve and access box shall be complied with when conditions so warrant. It shall be the contractor's responsibility to locate, excavate, pump, backfill and compact the existing sewage facilities, in accordance with Chapter 7, and Appendix K, Section K-1 1 "Abandoned Sewers and Sewage Disposal Facilities" of the C.P.C. the required material for backfilling shall be fill sand. All the above shall be done to the satisfaction of the Director of Building and Safety. SP-2 All trenches, excavation, disposal pits and septic tanks which are opened shall be backfilled at the end of each working day. Full compensation for complying with the requirement of these Specifications shall be at a price per each entire sewer hook-up and abandonment of existing sewage facility, indicated by parcel and street address. The Contractor shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements which are not designated for removal when damaged or removed as a result of this operation. Repairs and replacement shall be at least equal to existing improvements, and shall match them in finish and dimension. Trees, lawns, shrubbery, sprinklers, rock landscaping, walls, fences, gates, concrete driveways, brick, stone and asphalt improvements that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. C. Access The Contract shall provide and maintain reasonable access by individual property owners to their property. During the performance of all work under this Contract, the Contractor shall be responsible for dust contract and shall furnish all labor, equipment required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent his operations from producing dust damage and nuisance to persons and property. Any claims resulting from dust damage or nuisance shall be borne solely by the Contractor. The City will provide the location of the end of new sewer lateral at the property line. It will be the Contractor's responsibility to ascertain the location and depth of the existing building drain line and sewage disposal system. The Contractor will also be responsible for establishing the most effective line and proper grade to construct the building sewer line hook-up. SP- 3 11 1 •1111IRMTOMM The Contractor shall obtain permits for all work on private property from the Department of Building and Safety. The City Redevelopment Agency shall obtain necessary rits from Coachella Valley Water District. Any cost associated with such permits shall be included in the bid price and no additional payment shall be allowed. The Contractor shall obtain all necessary permits as required by the City Engineer, to haul, dump and/or provide fill of any materials generated from the work of this contract. In addition to the requirements of these provisions, permits may include conditions specific to the nature of the haul, dump or fill being permitted. Licenses - The Contractor shall obtain and pay all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor shall obtain a City of La Quinta Business Tax Registration valid for the life of the Contract; his subcontractors shall each obtain a Business Tax Registration valid for the time they are engaged in work. All surplus material shall become the property of the Contractor. It shall be disposed of at a legally acceptable disposal site furnished by the Contractor and hauled on a route approved by the Engineer. Payment for surplus materials shall be considered as included in the various contract items of work and no additional compensation will be made therefore. •� •�KWGT11-� Before the start of construction, the City will arrange to meet with the prime Contractor to discuss the requirements on such matters as project supervisions, on -site inspection, progress, schedules and reports, payments to Contractor, safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems. 1. Compaction tests will be provided by the City. The number of tests, the locations and depth shall be determined by the Engineer. The Contractor shall make all necessary excavations for compaction tests and shall refill and recompact the excavations. 2. Observation of the Work and field tests will be performed by the City to assist the Contractor in establishing a method of obtaining the required percent relative compaction and the proper moisture content. SP-4 r 3. Where a series of tests are performed on material compacted by the same method, satisfactory results are indicated when no more than one test of any consecutive three falls below the specified percent relative compaction and that test is not over four percentage points below. SP-5 IMPROVEMENTS AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) — Ua� F_� F I v Glln_N5 being first duly sworn, deposes and says: That he is i (insert "Sole Owner", "Partner", or other proper name) Tl o\j (insert name of bidder or other proper title) herewith to the City of La Quinta a Proposal: That all statements of fact in such Proposal are true; who submits That such Proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such Proposal is genuine and not collusive or sham; That such bidder has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of La Quinta, or of any other bidder or anyone else interested in the proposed Contract; and further, That prior to the public opening and reading of the Proposal, said bidder: a. Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham proposal. b. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal. C. Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, profit, or cost element of this proposal. P-8 d. Did not, directly, or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of La Quinta or to any person or persons who have partnership or other financial interest with said bidder in his business. e. That no councilmember, officer, agent or employee of the City of La Quinta, is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, had induced him to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms. Subscribed and sworn to me before me this YAday of OCAQ ��Y' 20 0_ INary Publ in and for said County d o JESSYANN PERRY 1D COMM. #1350A08 (� NOTARY PUBW CALlFORNIA —1 m My Comm+• &pI2 BY - (Title) BOND: 827405P PREMIUM: $1,044 _ EXECUTED IN DUPLICATE PRMPAISFMCOWROCTTERM FAITHFUL PERFORMAN F a SA�CONFIMLCAM J3,SU&jECT ONT�M TMENTT KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta, hereinafter referred to as the "City", has awarded to LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY hereinafter designated as the "Principal", a contractor for the construction of "Building Sewer Hook-ups and Abandon Existing Facilities"; AND WHEREAS, said Principal is required under the terms of said contract to furnish a bond guaranteeing the faithful performance of said Contract. NOW, THEREFORE, we, LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY INDEMNITY COMPANY OF CALIFORNIA , as Principal, and as Surety, are held firmly bound unto the City in the sum of FIFTY TWO THOUSAND TWO HUNDRED Dollars ($ 52,200.00 ) this amount being not less than one hundred percent (100%) of the total contract price, lawful money of the United State of America, to be paid to the City, its successors and assigns, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said contract and any alternation thereof made as therein provided on its or their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, and agents, or therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to the "City" in an amount to be fixed by the court. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration or addition to said contract, and of any feature or item or items of performance required therein or thereunder, shall in any way affect its obligations on or under this bond, and said Surety does hereby waive notice of any such amendment, change, or extension of time, alteration or addition to said contract, and of any feature or item or items of performance required therein or thereunder. FPB-1 No premature payment by the City to said Principal shall exonerate and Surety unless the City Council of La Quinta shall have actual notice that such payment is premature at the time it is ordered by the City; and than only to the extent that such payment shall result in loss to such Surety, but in no event more than the amount of such premature payment. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 18TH day of OCTOBER 2002 LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY Principal B INDEMNITY COMPANY OF CALIFORNIA Surety* 17780 FITCH, IRVINE, CA 92614 (800) 782- 1546 B S. �MITH&BO , ATTORNEY -I -FA 1 * Provide PRINCIPAL/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Power of Attorney must be attached. Ux� (�-A 3. bwey\5b Subscribed and sworn to this day of 20 b a . NOTARY PUBLIC =JESSYANINPERRYtD m FPB-2 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On I ® j V �— before me, PERSONALLYAPPEARED S. SMITH -BOWMAN SS. DANETTEJACOBS personally known to ma (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heIshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL �'`�`� OANETTE .iACOBB ] _ Commission f 1951a16 Notary Public - CaNfbmia San Diego Couety Aly Cortrn. Exiras Apr 16, 20111111111 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL l.a't'K--Y 07. � nn���b A' � ❑ CORPORATE OFFICER ,�1ySZUC Dl`i W - TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEES) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES 10,�1D�r_ DATE OF DOCUMENT OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT BOND: 827405P EXECUTED IN DUPLICATE PREMIUM: included in performance KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta, hereinafter referred to as the "City", has awarded to LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY as Contractor, a contract for the construction of certain building sewer hook-ups and abandon existing facilities. AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialpersons and other persons, as provided by law; NOW THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum Of FIFTY TWO THOUSAND TWO HUNDRED Dollars ($ 52,200.00 ) this amount being not less than one hundred percent (100%) of the total contract price, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns or subcontractors fails to pay for any materials, provisions, provender or other supplies, or teams, equipment, implements, trucks, machinery or power used in, upon for or about the performance of the work contracted to be done or shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13010 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to the plaintiffs) and City in an amount to be fixed by the court. This bond is executed pursuant to the provisions of Title 15 (commencing with Section 3082), Part 4, Division 3 of the California Civil Code and this bond shall insure to the benefit of any of the persons or their assigns in any suit brought upon this bond. No premature payment by the City to said Principal shall exonerate any Surety unless the City Council of La Quinta shall have actual notice that such payment is premature at the time it is ordered by the City; and then only to the extent that such payment shall result in loss to such surety, but in no event more than the amount of such premature payment. PB-1 Further, said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of said Contract, and of any feature or item or items of performance required therein or thereunder shall in any way affect its obligations on or under this bond, and said Surety does hereby waive notice of any such amendment change, extension of time, alteration or addition to said contract, and of any feature or item or items of performance required thereon or thereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 18TH day of OCTOBER , 2002 LARRY J. OWENS dba TRI STAR CONSTRUCTION COMPANY Principal* BY IT COMPANY OF CALIFORNIA ~ 17780 FITCH, IRVINE, CA 92614 (800) 782-1.546 Surety* By;� . S H-BOWMAN, TORNEY-IN-FACT * Provide PRINCIPAUSURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Power of Attorney must be attached. LA�( f � JSubscred and sworn to this day of DC, 20. NOTARY PUBLIdj"14 �T JESSYANN PERRY COMM.#1350408 NOTARY PUBLIC CALIROffi1A m RIVERSIDE COUNTY a1 My t,_, Expkes AprN 9. 2008 � PB-2 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ) before me, PERSONALLY APPEARED S. SMITH -BOWMAN SS. DANETTEJACOBS personally known to me (or proved to me on the basis of satisfactory evidence) to e t e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Whp"'� OPTIONAL NDA ET TE JACOBS Commission#13519111 Notary Public- CaN wft San Dipo Couift Illy Comm. Expires Mr 16, 2ooe This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT El',, INDIVIDUAL 4 I. W ms d%-. Ari S+P-p. ❑ CORPORATE OFFICER ejo�omo J CO . TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE ID-1232 (REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300 KNOW ALL MEN 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: ***Danette Jacobs, Rajan Patel, Steven R. Bonilla, S. Smith -Bowman, D. Kohl, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to he done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile• and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it 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 Executive Vice President and attested by their respective Secretary this 8ih day of January, 2(H)2. AN,.. ""' David H. Rhodes, Executive Vice President POR4� OPPOR,9 C CT 5 1 a E o w 1 936 � 1967 0 2 By.Walter A. Crowell, Secretary �O' %�OW P••'*�aa��,' c�Z/FOFra\P a\ STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersons acted. executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE ANTONIO ALVARADO p COMM. # 1300303 p Notary Public - California 3 ,r ORANGE COUNTY fl My Comm. Expires APRIL 10, 2005 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the I8Tx day of OCTOBER 2002 �• By _ 1 zcl= David G. Lane, Chief Operating Officer ID-1380 (01/02) Oct 15 02 10:14a Tri Star 7602515458 p.2 1 � s A rA O r LICENSE NUMBER BOND NUMBER i 41S515 s9558i TRI-STAR COVSTRUCT10fl COAPANY i ID EXPIRATION DATE 06130J2003 Slate of Cardomic t bin ACTIVE STATf LICENSE BOARD ACTIVE LICENSE 1imst gain 475515 E* INDIV i Ae mwo TRI-STAR CONSTRUCTION COMPANY �i rmrn*)A B HIC i [-*i-D*06/30i2003 Oct 15 02 10:14a Tri Star 7602515458 p.3 BUSINESS LICENSE CERTIFICATE NONTRANSFERABLE CITY OF LA QUINTA The Licensee named herein having paid to the City of La Oulnta all fees required, linen: a is herby granted said Licensee to transact the business herein set forth, for the period stated, in comforrnity wkh the Provisions of Or Rance No. 2 of this city. This License Is issued without verification that the licensee is subject la or exempt from Iicer sing by the State of California. NUMBER LOC: P.O. BOX 542 00762 CATHEDRAL CITY,CA 92234- BUSINESS LICENSE ID TYPE TRI-STAR CONSTRUCTION 1500 GENERAL CONTRACTOR UCENSEE: TRI-STAR CONSTRUCTION P.O. BOX 542 CATHEDRAL CITY, CA 92234- ISSUED EXPIRES 03/14/02 03/14/03 PLEASE POST IN A CONSPICUOUS PLACE CONTROL NO. 12899 F 1 > PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. 0. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 DOC N 200a.0841M, 02/04/2003 08:00A Fee:NC Page 1 of 3 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. 1 A I R L COPY LONG REFUND NCHG I EXAM SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION SEWER HOOK-UP & ABANDON OF EXISTING SEWAGE SYSTEM PROJECT NO. 2002-02 TITLE OF DOCUMENT THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 ADDITIONAL RECORDING FEE APPLIES) C:\MYDATA\WPDOCS\FORMS\Recorder.wpd 1 i DL I Return to: CITY CLERK City of La Quinta P.O. Box 1504 La Quinta, Ca. 92253 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of La Quinta, California, is 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. The address of the City of La Quinta is City Hall, 78-495 Calle Tampico, La Quinta, California (P.O. Box 1504, La Quinta, Calif. 92253. 4. The public work improvement - Assessment/Sewer Hook-up Subsidy Program - Project No. 2002-02, on the hereinafter referred to real property within the City was COMPLETED on the 21 " day of January, 2003. 5. The name of the contractor for such work of improvement was Tri-Star Construction. 6. The property on which said public work of improvement was completed is in the City of La Quinta, County of Riverside, State of California, and is described as follows: Sewer Hook-up and Abandon of Existing Sewage System. 7. The street address of said property is: Various addresses within the City (Exhibit "A"). DATED: January 21, 2003 CITY OF LA QUINTA, CALIFORNIA BY ,L) TITLE CITY CLERK STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I hereby certify that I am the City Clerk of the governing board of the City Council of the City of La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at La Quinta, California on January 22, 2003. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII e..e�2 of ee8<351196p t "L J U N RE'EK, CMC, City,. lk City of La Qyknta; 'Califorjqia:, / Pae 2 of 3 9 EXHIBIT "A" PROJECT NO. 2002-02 Location of Addresses ALVARADO, AVENIDA 53-685 CARRANZA, AVENIDA 51-120 ENSENADA, CALLE 77-885 GUATEMALA, CALLE 51-400 HERRERA, AVENIDA 51-865 HERRERA, AVENIDA 52-042 HERRERA, AVENIDA 53-635 JUAREZ, AVENIDA 52-390 MARTINEZ, AVENIDA 51-885 MARTINEZ, AVENIDA 52-145 MARTINEZ, AVENIDA 53-615 MENDOZA, AVENIDA 52-641 MENDOZA, AVENIDA 52-795 MENDOZA, AVENIDA 53-185 RAMIREZ, AVENIDA 52-175 RAMIREZ, AVENIDA 54-765 VALLEJO, AVENIDA 52-685 VALLEJO, AVENIDA 54-280 VELASCO, AVENIDA 51-125 VELASCO, AVENIDA 52-031 VILLA, AVENIDA 53-935 II III IIII II III III III IIII II 2@03-03 84151 �aa Page 3 of 3