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Skanska/Ave 58 Rehab 08SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal • corporation, herein referred to as "City," and Skanska USA Civil West California District Inc., herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1 . Contractor shall furnish all necessary labor, material, equipment, transportation and services for City Project No. 2007-18B, Avenue 58 Pavement Rehabilitation Improvements, in the City of La Quinta, California pursuant to the Invitation to Bid, dated May, 2008, the project Specifications, and Contractor's Bid, dated July 2, 2008, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 90 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration Eight Hundred and Ninety Eight Thousand Dollars ($898,000.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 1300-1 Agreement A 8. Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees and agents, which arise out of Contractor's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. Agreement 1300-2 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. DOCUMENT SIGNED IN COUNTERPART Agreement 1300-3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: /� C V d "clm. CITY OF LA QUINTA, a California municipal corporation By: Thomas P. Genovese, City Manager ATTE Dated: Veronica Montecino, City plbt APPROVED AS TO FORM: z Z4,J24-71 ity Attor hey Dated: `' Q "CONTRACTOR" Dated: By: Name: Title: Dated: By: Name: Title: "CONTRACTOR" (If corporation, affix seal) Agreement 1300d IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF LA QUINTA, a California municipal corporation Dated: By: ATTEST: Veronica Montecino, City Clerk APPROVED AS TO FORM: City Attorney Thomas P. Genovese, City Manager "CONTRACTOR" Skanska USA Civil West California District Inc. AUG 0 6 2008 /� Q By. ( � Name: Chad Mathes Title: Vice President - AUG 0 6 2008 By: Name: oseph M. No es Title: Chief Financial Officer and Secretary/Treasurer "CONTRACTOR" (If corporation, affix sea[) Agreement 1300-4 SKANSKA USA CIVIL WEST CALIFOR,�IJA DISTRICT INC. CERTIFICATE AS TO INCUMBENCY AND AUTHORIZED SIGNATURES OF OFFICERS The undersigned, Joseph M. Nogues, does hereby certify that he is the Sceretary/Ireasuuer of Skanska USA Civil West California District Inc., a California corporation (the "Corporation"), and further certifies in such capacity that: 1. The persons named below have been duly elected and qualified as, and as of the date hereof are, officers of the Corporation, holding the respective offices set forth below, and the signatures set forth opposite their names arc their genuine signatures: OFFICE NAME President Salvatore Mancini Sr. Vice President Eric S. Taylor Vice President Jacques S. Yeager, Jr. Vice President Tony Baghcri Vice President Chad A. Mathes Chief Financial Officer and SccrctarytTreastuer Joseph M. Nogues 2. Pursuant to the Corporation's Bylaws and certain resolutions adopted by-thb Corporation's Board of Directors, the above officers (and any of them acting individually) have been given sufficient authority to act on behalf of, and to bind, the Corporation and that upon execution by said person or persons of bid documents, contracts and related documents, each such document will constitue a legally binding and enforceable obligation of the Corporation. 3. Pursuant to the Corporation's Bylaws the undersigned has the power and authority to execute this certificate on behalf of the Corporation and that he has so executed this certificate and set the seal of the Corporation on this 29th day of December, 2006. Jo p M. ogues cre /Tre suer Bond No. 105120672 Premium Amount: $6,466.00 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on July 15, 2008, awarded to Skanska USA Civil West California District Inc., hereinafter designated as the Principal, a Contract for City Project No. 2007-18B, Avenue 58 Pavement Rehabilitation Improvements, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: Travelers Casualty and NOW, THEREFORE, we, the Principal, and surecv comaaa., of America as Surety, are held and firmly bound unto the City in the just and full amount of Eight Hundred and Ninety Fight Thousand Dollars 1$896,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall Indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.' It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Fala hd F'edon ae Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their Corporate seals this 1st day of August , 2008, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Skanska USA Civil West California District Inc. Principal (Seal) Sign for Principal _ Chad Mathes, Vice President Title of Signatory Travelers Casualty and Surety Company of America Surety (Seal) Signature for Surety Matthew Kelly „ Attorney -in -Fact _ Title of Signatory Construction Services, Travelers Bond & Financial Products One Tower Square, Hartford, CT 06183 Address of Surety (860)277-0111 Phone # of Surety Thomas Schlomann Contact Person for Surety FaBhhdPerfv m nce Bond 13f0-2 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On August 6, 2008, before me, Irene C. Rumbaugh Notary Public, personally appeared Chad Mathes , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me IRENE C. RUMBAUGH that he executed the same in his authorized capacity, COMM. # 1751617 NOTARY PUBLIC - CALIFORNIAX and that by his signature on the instrument the SAN BERNARDINO COUNTY person, or the entity upon behalf of which the person My Comm. Expires June 18, 2011 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS ,myy`'hand and official seal.. SignaturefNo ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent torm to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: August 1, 2008 Number Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Chad Mathes ❑ Individual ® Corporate Officer Title(s): Vice President Partner - ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer is Representing: Skanska USA Civil West California District Inc. RIGHT THUMEPROIT OF SIGNER TOP OF THUMB HERE Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): I removal and reattachment of this Partner - ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER TOP OF THUMB HERE POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219836 Certificate No. U O G 4 5 J O 8 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SC Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael Sheehan, Matthew Kelly, Ian McCormick, and Geoffrey R. Green of the City of Fremont , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other wrings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Coman�$ have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of June „ Farmington Casualty Company _ Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 23rd St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 24I.4UgllI $niFly ®r'(i�-� sC""i 0.1=.1 �in �^rKIM=` �92%E AL jo L;QJ .P`r+ S vas State of Connecticut City of Hartford ss. By: Georg Thompson, emar we Resident On this the 23rd day of June 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Memory Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. o.rEr In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. f p��`ps `n wk C . j ftwea� �S Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Cbmpany, l; iidelny and Guaramy Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-m-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall he valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc , Seaboard Surety Company, St. Paul Fire and Marme Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety C' mpany.of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a tine and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. - IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Compames this 1ST day of ArtSrrSt , 20 08. > - Kori M. JohansclulAssistant Secretary r, I.54.E moo, Ey X41YS IXS4ga J.rY MHO EMEWEJY .rf�r"V O= .0 FL ` * `i' ` %f0 N1 W�'wpVON9TE. = CCNNINRIFC� t sir � 6e • arm s9192 ®* �:SE ALilo' S81LL:z 0 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact as at www tmvelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. STATE OF CALIFORNIA ss. COUNTY OF ALAMEDA On August 1, 2008, before me, Julia Grimes, Notary Public, personally appeared Matthew Kelly, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JULIA GRIMES Camm1331on # 1713129 < ,-r Notary Public • California £ Alameda County Comm. Dec 3f),2070 JuIL4 Grimes, N ary Public - alifornia (Seal) Description of Attached Document: Skanska USA Civil West California District Inc. City of La Quinta City Project No. 2007-18B, Avenue 58 Pavement Rehabilitation Improvements Performance Bond Bond No. 105120672 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on July 15, 2008, awarded to Skanske USA Civil West California District Inc., hereinafter designated as the Principal, a Contract for City Project No. 2007-1813, Avenue 58 Pavement Rehabilitation Improvements. WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to -the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and ==a-==.=s C..u.J=r ,.a s====Y =o�.., of e21C8, as Surety, are held and firmly bound unto the City in the just and full amount of Eight Hundred and Ninety Fight Thousand Dollars ($898,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,. and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said, Principal, it or its heirs, executors; administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. payment Bond 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their _ Corporate seals this 1st day of August 2008, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Skanska USA Civil West California District Inc. Principal (Seal) Signatu�cipal -- Chad Mathes, Vice President Title of Signatory Travelers Casualty and Surety Company of America Surety (Seal) Signature orforf Surety Matthew Kelly, Attorney -in -Fact Title of Signatory Construction Services, Travelers Bond & Financial Products One Tower Square, Hartford, CT 06183 Address of Surety (860)277-0111 Phone # of Surety Thomas Schlomann Contact Person for Surety Peym t Bard r320-2 State of California County of Riverside On August 6, 2008, before me, Irene C. Rumbaugh Notary Public, personally appeared Chad Mathes , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me IRENE C. RUMBAUGH1 that he executed the same in his authorized capacity, COMM. # 1751617 i and that by his signature on the instrument the NOTARY PUBLIC - CALIFORNUIC— person, or the entity upon behalf of which the person SAN BERNARDINO COUNTY My Comm. Expires June 18, 2011, acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. u Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this `orm to another document Description of Attached Document Title or Type of Document: Payment Bond Document Date: August 1, 2008 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Chad Mathes ❑ Individual ® Corporate Officer Title(s): Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Skanska USA Civil West California District Inc RIGHT THUMBPRINT OF SIGNER TOP OF TWAIN HERE Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner - ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: RIGHT THUMBPRPNT OF SIGNER TOP OF THUMB HERE WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219836 Certificate No. U 0 2 4 5 ,9 0 8 5 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael Sheehan, Matthew Kelly, Ian McCormick, and Geoffrey R. Green of the City of Fremont , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recogmzances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of.guaranteemg the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IJ IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of June 2008 Farmington Casualty Company Fidelity and Guaranty Insurance'Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surely Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company °L60q� ` eNEry °` PL s ' o((xM..!MS4q Rx.,xsaga 0 nix xo J^ORnr �,�}ty,yp �? ♦ e P °xaan n' 9S]�r C' 114914A i A96 S3 O 19 g Rn01 927 e Lxn $ pOtN, �`m i666 q *kcf" ; N'$' 1951 N'f N' �sBa[Jc �saxL.'z° 9b OFM1fW IS.... A. M✓ }R ...... � 1 , xN YF b J,a17i` State of Connecticut City of Hartford ss. By Georg Thompson, error me President On this the 23rd day of June 2008 fore me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 301h day of June, 2011. i Af1B�lps `n&A;.4 C . j ftuVGu� Mane C. Tetreault, Notary Public 58440-5-07 Printed in U.S A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-m-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizanees, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any put of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-m-Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Karr M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casually and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1ST day of August , 2p 08 Kan M Johans Assistant Secretary �xsuarr SIIFEry xea. OxP..ixspq api:xsoq syuxse �s/p'myn,� Y4tb Jto•>oxarE: W:w^vos.?�^t w`/ tl p,% 1963 0 192% `si — +: n HUrtrgO, inRrtd0.3 IB96 �''°"'6 � lsn t ;O; 1951 N• ® ,;seal.a J �I v a of coxa. 2 7 y` ra a�, ♦ m g a......../<' itSBAL:p >• to" p r.. OFnEN nxcE 15.rxx >Yr.........'ra : .�. 1✓TrI AMtA'" To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF STATE OF CALIFORNIA } } ss. COUNTY OF ALAMEDA } } On August 1, 2008, before me, Julia Grimes, Notary Public, personally appeared Matthew Kelly, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JULIA GRIMES Commisalon # 1713129 -� Notary Public - California £ ' • Alameda County Comm. Dec3o.2010 Juli Grimes, No ry ublic - C fornia (Seal) , Description of Attached Document: Skanska USA Civil West California District Inc. City of La Quinta City Project No. 2007-18B, Avenue 58 Pavement Rehabilitation Improvements Payment Bond SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." nQ Signat e Chad Mathes, Vice President Title August 4, 2008 Date Workers Compensation Insurance Certificate 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees and agents, which arise out of Contractor's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties.. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. 2.2 Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,O00,0OO) combined single limit for bodily injury.and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following: Liability and Insurance Requirements 1340-1 a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. b. Completed Operations/Products, including X, C, and U Coverage. C. Independent Contractors. d. Blanket Contractual. e. Deductible shall not exceed One Thousand Dollars ($1,000). 2.3 Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: a. Coverage shall be applicable to any and all leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated with this Contract. b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. c. Deductible shall not exceed One Thousand Dollars ($1,000). 2.4 Workers' Compensation Insurance The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor: a. The required policy shall provide coverage for Workers' Compensation (Coverage A). b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B). 2.5 Endorsements All of the following endorsements are required to be made a part of the policies described in this Section hereof: a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub -consultants are hereby added as additional insured insofar as Work done under this Contract is concerned." Liability and Insurance Requirements 1340-2 b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self -insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only." C. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to: Thomas P. Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 2.6 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. Liability and Insurance Requirements 1340-3 `mow 4 soQ.urw Sheet 1 of 7 CONTRACT: Avenue 58 Pavement Rehabilitation Improvements PROJECT NO. 2007-18B CONTRACTOR: Skanska USA Civil West California District Inc. 1995 Agua Mansa Road Riverside, CA. 92509 CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order Allows for the traffic control for additional need asphalt removals not shown on the plan but encountered in the field. Total $ 5,957.76 This Contract Change Order Allows for the adjustment of an additional 24 buried valves and 5 buried manholes not shown on the plan but encountered in the field. Total $ 24,199.06 This Contract Change Order also allows for a Contract Quantity Adjustment between the Bid Quantities and the Actual Quantities Installed. Total $ 48,945.19 Original Contract Amount $ 898,000.00 Add This Change Order No. 1 $ 79,092.01 Revised Contract Total $ 977,092.01 By reason of this contract change order the time of completion is adjusted as follows: -3- days added to contract time. The revised contract completion date shall be: 01/23/09 Submitted By: Approved Mi We, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays Accepted Title: Fy- j eC'T Mq w:Y15t-'f— Contractor: !—S15;: A-1JS K P* U"S 4 C 1 \/t I Date: I - 2V — D 9 T\ENGMEERING SERVICES DIVISION (CIP)\PROMCTS@ CONSTRUCTION\2007-I8B AVENGE 58 PAVEMENT RENABILITATIOMCONSTRUCTION\PROGRESS PAYMENTS& CCO'S\CCO MI DOC PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P 0 Box 1504 La Quinta, CA 92247 D009#a 09 20o 000061505 Rec C un page Y opf"Cial Records Lerr RIversi de IIIIIIIIIIII�IIIIIIIIIIIIY Clerk & Recorder IIIII'lllll'IIIIIIIIIIII'l0 S R U I PAGE SIZE DA MISC LONG RFD COPY IT'A L 466 1 426 PCOR NCOR SMF NCH exAM ryQ* Gt/ T: I CTY UNI NOTICE OF COMPLETION Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-18B Title of Document THIS AREA FOR RECORDER'S USE ONLY -18-M 053 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 43•00 Additional Recording Fee APPlies) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, CMC, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P. 0. Box 1504 La Quinta, CA 92247-1504 SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of La Quinta is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. That the nature of the life of the stated owner, or if more, than one owner, then of the stated owner and co -owners is: In Fee. 4. That on the 3rtl day of February, 2009, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: Avenue 58 Pavement Rehabilitation 6. The name of the contractor for said work of improvement was: SKANSKA USA Civic West California District, Inc. 7. The property on which said public work of improvement was completed is in the City of La Quinta, County of Riverside, State of California, and is described as follows: Avenue 58 between Madison Street and Jefferson Street. DATED: February 4, 2009 CITY OF LA QUINTTA, CALIFORNIA TITLE: Deputy Cit Clerk il STATE OF CALIFORNIA 1 '— COUNTY OF RIVERSIDE 1 I hereby certify that I am the Deputy 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 February 4, 2009, at La Quinta, California. PHYLLIS PANLEY, Depu y City Cl c City of La Quinta, California