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Valley Slurry Seal/Slurry & Restriping 09SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Valley Slurry Seal Company, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. 2008-11, FY 08/09 Slurry Seal and Restriping Program, in the City of La Quinta, California pursuant to the Invitation to Bid, dated June 22, 2009, the project Specifications, and Contractor's Bid, dated , June 19, 2009, 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 the specified 30 working days completion time period. 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 one million nine thousand four hundred sixty two dollars and one cent ($1,009,462.01). 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. 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. 7. 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 Consultant, its officers, employees and agents, which arise out of Consultant'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, Consultant 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, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 8. 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 Agreement I300-I 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. 9. 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. 10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 11. 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. 12. This Contract shall not be assignable by Contractor without the written consent of City. 13. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 14. 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. 15. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 16. 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. 17. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 18. 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. 19. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Agreement 1300-2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF LA QUINTA, a California municipal corporation Dated: �/� �/ BBy: Thoma�,X Genovese, City Manager P ATTE _ Dated: Veronica J. tecino,.CMC, City Clerk APPROVED AS TO FORM: T J i v Dated: V ✓'/ oC UCH 1 q ity Attorney "CONTRACTOR" By: J Na Alan S. Berger Title: Vice President Dated: By: Name: DIANE M. MINOR SECRETARY Title: "CONTRACTOR" (If corporation, affix sea]) Agreement 1300-3 ACKNOWLEDGMENT State of California County of Yolo On July 13, 2009 before me, Jamie Davis -Holtz, Notary Public (insert name and title of the officer) personally appeared Alan S. Berger who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. AMI@ ion # HOLE Y �mpelon • 1733060 Notory�oC tounty torNo WCWM 21,2011 Signature (Seal) DEW State of California County of Yolo On July 13, 2009 ACKNOWLEDGMENT before me, Jamie Davis -Holtz, Notary Public (insert name and title of the officer) personally appeared Diane M. Minor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JAMIE IDAVIIII-HOLTZ WITNESS my hand and official seal. Commlalon t Notary PUbIIC - California Yolo County WCamn.EeaApr21,2011 Signature � (Seal) 1 SECTION 1310 FAITHFUL PERFORMANCE BOND Bond No: 92948 4334 KNOW ALL MEN BY THESE PRESENTS THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on July 7, 2009, awarded to Valley Slurry Seal Company, hereinafter designated as the Principal, a Contract for Project No. 2008-11, FY 08/09 Slurry Seal and Restriping Program, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and Western Surety Company as Surety, are held and firmly bound unto the City in the just and full amount of one million nine thousand four hundred sixty two dollars and one cent ($1,009,462,01) lawfid 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 there under 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 tie provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Faithful Performance Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 1 Oth day of July , 2009, the name and corporate seat of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Valley Slurry Seal C p ny Principal (Seal) By: Alan S. Berger Signature for Principal Vice P SideM DI AN MINOR Title of Signatory SECRETARY Western Surety Company Surely (Seal) P.A. Gouker Attorney -in -Fact 2210 Plaza Drive, Suite 150, Rocklin, CA 95765 Address of Surety (877)589-6952 Phone # of Surety James Reuter, Branch Manager/Director Contact Person For Surety Faithful Performance Bond 1310-2 ACKNOWLEDGMENT State of California County of Yolo On July 13, 2009 before me, Jamie Davis -Holtz, Notary Public (insert name and title of the officer) personally appeared Alan S. Berger who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) JAMIE OAV 6•NOLTZ Commlafon 11733669 Notary Public - Callfornlo Voio County MVCcmm 8VI;MApr21,2011 State of California County of Yolo On July 13, 2009 before me, Jamie Davis -Holtz, Notary Public (insert name and title of the officer) personally appeared Diane M. Minor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JAMIE DAVIS-HOLTZ Commission # 1733659 s Notary Public - California Yolo County MVCamm. B0WApr21,2011 Signature (Seal) ACKNOWLEDGMENT State of California County of SACRAMENTO ) on July 10, 2009 before me, Rosalie A. Miszkiel, Notary Public (insert name and title of the officer) personally appeared P.A. Gouker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an official seal. ROSALIEA. MISZKIELY d .-.. COMM. 41818581 m m Notary Pub0o.©bilfornia o� SACFIAMENTO® 6U' MyComm, 4: NOV.16, z012 Signature (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas R Hueik, Jo Anne Hueik, Rosalie A Miszkiel, P A Gouker, Individually of Folsom, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are bereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vim President and its corporate seal to be hereto affixed on this 3rd day of November, 2006. C,E WESTERN SURETY COMPANY - Paul .Bmfla; Senior Vice President State of South Dakota l County of Minnehaha 3 ss On this 3rd day of November, 2006, before me personally came Paul T. Bmfla; to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires a + D. KRELL + November 30, 2012 + Narwry Pui3uc� + + SFat ISOUTH IMROTANvyw* P...... ..........Y\\Y4\\ CERTIFICATE Aa D. Kmll,NoTiry Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my time and affixed the seal of the said corporation this I Othday of July, 20.09 suarrye WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-09-06 SECTION 1320 PAYMENT BOND Bond No: 92948 4334 KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on July 7, 2009 awarded to Valley Slurry Seal Company, hereinafter designated as the Principal, a Contract for Project No. 2008- 11, FY O8/09 Slurry Seal and Restriping Program, and 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 Western Surety Company as Surety, are held and firmly bound unto the City in the just and full amount of one million nine thousand four hundred sixty two dollars and one cent ($1,009,462.01) lawful money of the United States, for the payment of which stun 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 there under or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of ally 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 seals this I Oth day of July , 2009, 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. (Seal) Alan S. Bergly Signature for ANE M. MINOR SECRETARY Western Surety Company _ s-- Surety (Seal) By: ,. P.A. Gouker gnature for Surety - Title of Signatory 2210 Plaza Drive, Suite 150, Rocklin, CA 95765 (877) 589-6952 Address of Surety Phone James Reuter, Branch Manager/Director Contact Person For Surety Poynxnl Bond 1320-2 ACKNOWLEDGMENT State of California County of Yolo ) On July 13, 2009 before me, Jamie Davis -Holtz, Notary Public (insert name and title of the officer) personally appeared Alan S. Berger who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JAMIE DAVInOILTZ WITNESS my hand and official seal. COMMISSIOn * 1733"9 Notary public • Collfomlo Yolo County OWCOMMBONAW21,20111 Signature (Seal) ACKNOWLEDGMENT State of California County of Yolo On July 13, 2009 before me, Jamie Davis -Holtz, Notary Public (insert name and title of the officer) personally appeared Diane M. Minor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LTZ WITNESS m hand and official seal. JAmis ion ir•I7 336 Y Commlaalon ♦ 17JJ669 w Notary Public • California Yolo County wCann BgiaaApr 21, 2a11 Signature (Seal) ACKNOWLEDGMENT State of California County of SACRAMENTO ) On July 10, 2009 before me, Rosalie A. Miszkiel, Notary Public (insert name and title of the officer) personally appeared P.A. Gouker , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROSALIE A. MISZKIEL WITNESS my hand and official seal. a COMM. 01818581 m �® m Notary Public -California a SACRAMENTO COUNTY My Comm. Exp. Nov.15, 2012 Signature (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas R Hucik, Jo Anne Hueik, Rosalie A Miszkiel, P A Gouker, Individually of Folsom, CA, its true and lawful Attomey(s}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 3rd day of November, 2006. , WESTERN SURETY COMPANY 0 wQ��Pnl1,M i' '�fLsc Paul . Bmflat, Senior Vice President State of South Dakota l JI ss County of Minnehaha On this 3rd day of November, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires • + D. KRELL + November 30, 2012 �^„ NOTARY PUBLIC PUf ♦ SODBLIC RA D. Krell, NoTlhy Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in fora, and further certify, that the By -Law of the corporation printed on the reverse hereof is still in force. in testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 Othday of July, 20.09 ps?"r'}oo WESTERN SURETY COMPANY ,WQ O�.POggJ eij �4'M ourt°� L. Nelson, Assistant Secretary Form F4290-09-06 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: Title Date "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." ature Alan S. Berger Vice President Workers' Compensation Insurance 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION The Contractor shall indemnify, hold harmless and assume the defense of the City, its elected officials, officers, agents, and employees from all damages, costs, or expenses in law or equity that may at any time arise to cause damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract. 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. I"1I] 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 Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Four Million Dollar ($4,000,000) annual project aggregate, for all of the following: 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 Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: Liability & Insurance Requirements 1340-1 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." 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 92253 2.6 Chan2e 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 & Insurance Requirements 1340-2 https://w �w2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp " i r All • 1 r r Met r �. r. r e• • e r Contractor's License Detail - License # 293727 L9isS DISCLAIIVER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. "' CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. -y Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply vdth the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. 1 of 2 https://w.Lw2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp License Number: Business Information: Entity: Issue Date: Expire Date: License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR Classifications: B GENERAL.BUILDING_CONTRACTGR C12 EARTHWORK AND PAVING CONTRACTOR'S BOND This license filed Contractor's Bond number 929111068 in the amount of $12,500 with the bonding company WESTERN SURETY COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) JEFFREY RANDOLPH REED certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 05/07/2002 BQI's Bonding History This license has workers compensation insurance with the DEPARTMENT OF INDUSTRIAL RELATIONS Workers'Compensation: Policy Number:2106C Effective Date: 08/01/1988 Expire Date: None Personnel listed on this license (current or disassociated) are listed on other licenses. 293727 Extract Date: 07/16/2009 VALLEY SLURRY SEAL COMPANY PO BOX 981330 WEST SACRAMENTO, CA 95768 Business.Phone Number: (916) 373-1500 Corporation 05/09/1974 03/31 /2011 Conditions of Use I Privacy Policy Copyright © 2009 State of California 2 of 2 ;TATE OF CALIFORNIA DEPARTMENT OF INDUNJ SELF-INSURANCE PLANS 2265 Watt Avenue, Suite I SacramennisCA 95825 Phone No. (916) 574-0300 . PAX (916) 483-1535 Arnold Schwarzenegger, GOvemer CERTIFICATION OF SELF-INSURANCE OF WORKERS' COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self -Insure No. 2106-C was issued by the Director of Industrial Relations to: Valley Slurry Seal Company under the provisions of Section 3700, Labor Code of California with an effective date of August 1,1988. The certificate is currently in full force and effective. Dated at Sacramento, California This day the 02nd of July 2009 C 0 M M, W, W James A. Ware, Chief CC: Racine Martin Director of Human Resources Basic Resources Inc. 928 12th St Ste 700 Modesto,CA 95353-3191 ORIG: Jamie Davis Valley Slurry Seal Company 3785 Channel Drive West Sacramento, Ca 95691 0 . ... .Lu \ � t! \ LLI \ I ƒ7% .Q )\\) : }/( /W.;� / LLI .lu Z m \ ƒ . m. ) o :A)) cdoi Wz o ° ) � ( �z0 � \ 0 >cc:7% U pm $ \ � \2f2 �• \]\ � § ul �Q \ j \ § �� \ VALLEY SLURRY SEAL SELF-INSURANCE COVERAGE AND ADMINISTRATION OF WC BENEFITS PLAN CERTIFICATE NUMBER 2106 - C ISSUED BY THE DIRECTOR OF INDUSTRIAL RELATIONS CALIFORNIA (ATTACHED HERETO) SELF INSURED CORPORATION: VALLEY SLURRY SEAL P. O.. BOX 9Sd 330 WEST SACRAMENTO, CA 95793 MASTER CERTIFICATE HOLDER: 13ASIC RESOURCES, INC. 928 12TH STREET. SUITE 700 MODESTO, CA 95354 THIRD PARTY ADMINISTRATOR PEGASUS SECONDARY OVERFLOW INSURANCE: PREVAILING CALIFORNIA LABOR CODE 3700. Every employer except me state shall secure the payment of comperlsaa ton in we or more of the fallowing ways: (a) Sy being insured against liability to pay compensation by one or more insurars duly authorized to write compensation insurance in this state. (b) Sy secl:rng tram the Di2etor,of indushiai Relations a cetlitcafoof cuosent to wolf -insure Nther as an individual employer, or as one employer in a group of employers, whiu'(l may be given upon fu, dishing proof satisfactory to the Director of Industrial_ Relations of ablilly to saff-insma and to pay arty compansatfon'that may became due to his or her employees. 3700.1, As. used In this article: - (a)'Urccto," means the Director of Indust, sal Heladona. (b) "Private self -insurer means a private employe, which has secured the payment of compereadw, pursuant to Section 3701. Ic) "Insolvent seiNnsuref" means a private self-Insurerwho has failed to pay compensalon and whose security depuait has bee, called by 0w dlreaw pursuant to Section 3701.5. (d) "Funcr means the Sclf Insurers' Security Fund established pursuant to Section, 3742. (a)'inistees' means the 8omd of Trustees of the Selfdr,surers Security Fund. - (f)Wembe.? mearni a prate self-irnnoar which participates in the Sell -Insurers' Security 1"m1d. (g) "Incurred fiabilibes for the payment of compensation' means The sum of an estknete of f thde compensation. as compensation is defined by Section 3207. rids an estimate of the amountnecessary to provide for the admhUtmliun. of elaires, Including legal costs. adrninistralive and legal owls relating to or arising from the employers sdf-insuring. 3701. (a) Each year ave, y private seli-Inauring employer shall suture Incurred flahiliiles for the payni of compensation and the perlomance of the obllgalinns of employers imposed under this chapier by renewing the prior years security deposit or by mnong a new depositof security. I I a new deposit is made, it shall be posted wiinfn 00 days of the filing at the self -insured employer's annual report with the dveclar, but in no event later than May 1. (b) The minimum deposit shalt he 125 perrenl of the private self -insurer's estimated future lishility for compensation to saaue paymentut compensation plus 10 percent of the private self-Ineursrs estimated future dutzlily for cnmpersation la secure paygient of at administrable and legal costs relating to of arising fart the employees safiNnxuring. 3701.5. (a) If g,e director determines that a private self -Insured employer has laded to pay worheri oompersadad as required by this division, the sewriry deposit shall be utsiced la ndminater and pay the empioyef`* compersiation obligations, ACORD CERTIFICATE OF LIABILITY INSURANCE OPID I 1 TE DA 07 /13n09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Andreini G Company -San Mateo ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 0208825 HOLDER. THIS CERTIFICATE DOES NOT AM END, EXTEND OR 220 West 20th Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Mateo CA 94403 Phone:650-573-1111 Fax:650-378-4361 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A'. national III Fir* w Co PA 19445 INSURER B. AM Best Rating: A, XV INSURER c 2rvaalar$ eraparty Casualty 25658 Valle4 Slurry Seal Company 3785 Channel Drive West Sacramento CA 95691 INSURER D- AM Best Rating: A, XV INSURER E: Cvaxaat national Insurance Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON Off ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 13SU ED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN Is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMT$ SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMiDDIYY DATE (MMIDDIVY LIMITS GENERAL LIABILITY EACH OCCURRENCE $2000000 A X X COMMERCIAL GENERAL LIABILITY 0919520 03/01/09 03/01/10 PREMISES (Ea Omumnce) $ 100000 CIAIMSMADE OCCUR MED EKE(An, One person) $1DD00 PERSONAL a ADV INXRY s2000000 A X Deduc $1,000,000 GENERAL AGGREGATE $ 4000000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGO $4000000 POLICY X JECT F7 TOO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2000000 A X X ANYAUTO 8263243 03/01/09 03/01/10 (Ea accid.H) BODILY IN,URY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIREDAUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ A X Deduc $1,000,000 X MCS90 Included A (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHER THAN EA ACC $ ANYAUTO $ AUTO ONLY'. AGO EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ 5000000 E X OCCUR CLAIMSMADE 71C7000257091 03/01/09 03/01/10 AGGREGATE $5000000 $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORYLIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EJXECUTIVE PC1n1I6SIF1LY SRIF InseRm E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERNEMBER EXCLUDED? CMMFICARR #2106 FOR CA I yes, daecrbe Under SPECIAL PROVISIONS LeIory EL.DISEASE - POLICY LIMIT $ OTHER C Leased/Rented Equi QT6607444L337TIL09 03/01/09 03/01/10 Blkt Limi 750000 A Work Comp -Nevada 1 7184596 1 03/01/09 03/01/10 Stat Limi 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: VSS Sob#:09-050; Sob Name: FY 08/09 Slurry Seal and Restriping Program, Project No. 2008-11; The City of La Quinta, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub -consultants are included as additional insured as respects to General Liability per attached endorsements #001 S 002. SEE NOTES »»» CERTIFICATE HOLDER CANCELLATION CITLQUI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILLXnMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of La Quinta MM 78-495 Calle Tampico X31➢X AUTOO EPRESENTgTIVE, La Quinta CA 92253 ACORD 25 (2001/08) tD ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. The City of La Quinta, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub -consultants are included as additional insured as respects to Auto Liability per the attached form #:CA 20 98 02 99. Primary wording applies as respects to General Liability per the attached form #:90533 (3/06). The CANCELLATION notice herein is amended to read 10 DAYS as respects any cancellation due to non payment of premium. ENDORSEMENT #001 This endorsement, effective 12:01 A.M. 03101 /2009 forms a part of Policy No. GL 091-95-20 issued to: Valley Slurry Seal Company By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED.- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of La Quinta, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub -consultants (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to Include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. B. With respect to the additional insureds, added: 2. Exclusions insurance afforded to these the following exclusion is This insurance does not apply to "bodily in- jury' or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. maw Xid, &Sz 1. Authorized Representative ENDORSEMENT #002 This endorsement, effective 12:01 A.M. 03/01 /2009 forms a part of Policy No. GL 091-95-20 issued to: Valley Slurry Seal Company By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of La Quinta, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub -consultants Location And Description of Completed Operations: FY 08/09 Slurry Seal and Restriping Program, Program Project No. 2008-11 Additional Premium: INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11— Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products - completed operations hazard". Authorized Representative POLICY NUMBER: CA 826-32-43 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided bythis endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effectiveon the inception date of the policy unless another date is indicated below. Endorsement Effective: 03/01/2009 Countersigned By: /�„/ 0/A`� � ' / Kl1LTiti Named Insured: Valley Slurry Seal Company (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): The City of La Quinta, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub -consultants IIf no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section If of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc„ 1998 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 3/1/2009 'forms a part of policy Nq• 0919520 - issued fo VALLEY SLURRY SEAL COMPANY byMAT IONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS -OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION 11 - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with Insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for theadditional insureds and included in the "products -completed operations hazard': WHERE REQUIRED BY AN "INSURED CONTRACT" This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance, We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This Insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or an any other basis, if it is not primary as defined In the paragraph above. All other terms and conditions of the policy are the same. 90533 (3106) AUtho�rad�Re resentativeor Counterslgnature (in States Where Applicable) Page 1 of 1 http://w�v w3.a ,best.com/ratings/FullProfile.asp?BI=O&AMBNunt=974&AItSrc=l&AltNwn=&URATINGID=1588607&Ext User=&Ext_Misc= s: Financlal Strwath Issuer Creft Securities Advanced Search other Web Centers: Select Ona 1 of 3 http://www3.ambest.com/ratings/FLdlProfile.asp?BIB&AMBNu ny=974&AItSrc=1&AItNtlnr—&URATfNGIIk1588607&Ext_User—&Ext_Misc= Western Surety Company Q Print this page (a member of CN4 Fsurance Connanie=_I This rating is assigned to I 9s gm Rising; AN.Besl x: 00974 fill e: 10188 FEIN a: M204900 companies that have, in our ability to L6EST Address: P,O. Box 5077 Phone: 605-336-0850 opinion, an excellent meet their ongoing obligations _ A Blcell9rlt Sioux Falls, SD 57117-5077 Fax 605-330-7416 to policyholders. web: www.cnasurety.com Best's Ratings Financial Strength Ratings view Definitions Issuer Credit Ratings view Definitions Rating: A (Excellent) Lang -Term: a Affiliation Code: g (Group) Outlook: Stable Financial Size Category: X ($500 Million to $750 Million) Action: Affirmed Outlook: Stable Date: December 16, 2008 Action: Affirmed Effective Date: December 16, 2008 * Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional (Unabridged) formerly known as Best's Company Report) - includes - Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed �.- ;r business overview and key financial data. Report Revision Date: 05/13/2009 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional (Unabridged) Archive. C�"—n Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2009 Best's Statement File - P/C, US. Contains data compiled as of 7/14/2009 (Quality Cross Checked). • Single Company - five years of financial data specifically on this company. • Comparison - side -by -side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. 0pMB Credit Report - Business Professional - provides three years of key financial data presented with , colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 7/14/2009 (Quality Cross Checked). Best's Key Rating Guide Presentation Report- includes Best's Financial Strength Rating and financial data ��nas provided in Best's Key Rating Guide products. Data Status: 2007 Financial Data (Quality Crass Checked). Financial and Analytical Products Best's PropertWCasualty Center- Premium Data & Reports Best's Key Rating Guide - P/C US & Canada Best's Statement File - P/C. US Best's Statement File - Global Best's Insurance Reports - P/C US & Canada Best's State Line - P/C. US Best's Insurance Expense Exhibit (IEE) - P/C US Best's Schedule F (Reinsurance) - P/C US Basi's Schedule D (Municipal Bonds) - US Best's Schedule D (Common Stocks) - US Best's Corporate Changes and Retirements - P/C US/CN Best's Schedule P (Loss Reserves) - P/C US Best's Schedule D (Corporate Bonds) - US Best's Insurance Reports Online Property / Casualty Customer Service I Product Support I Member Center I Contact Into I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing 2 of 3 http://www3.ambest.com/ratings/FullProfile.asp?BI=O&AMBNunT=974&A1tSrc=1 &A1tNum=&URATINGIlD= I588607&Ext_User—&Ext_Misc= Copyright© 2009 A.M. Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Otdvvick, New Jersey, 08858, U.S.A. 3 of 3 I • � CONTRACT 'FY'08109`Slurry SestUand Aestriptgg Program CONTRACTOR: Valley Slurry Seal'Comlfmny P:0.13ox 981330 West Sacramento, CA 95798 Sheet 1 of PROJECT NO. CIP 200841 CONTRACT CHANGE ORDER NO. 1. kawwk**k**aa;��apAaaa**iawwaaeakaaa*aaa,�r�a*wkaka�i4waakk**�.Y*wka*,ewkwa**kakk*aaaw*ka***a**kaa Pumboat tothatermsoftlteoriginalContmetAgreemdnt, younre hereby div ctedto make the heroin described changesbrdo the fbllowing #xn.Fni! apwx.FrtxxxFxFAxxxxxxxRNxxx.]ixxxxxxxiCxxifIIxxxxxxxxxxxl.rtxnrtxx.Fw xxwFnn nnnnn nn ------------ This Cbntaot Change Order allows for the additional grind/overlayand repair of additionalareas that were not originally included in the project, but loneed oftepair. Total $ 55,93,3.50 *Akaw*kkk*aw*k*kakk*kk*ak*kkkak*kk**'*k*wkakkww*****k*wkkak*#rkteklrkk**ak*k****kk**kir**a*k*.** Ohi inarcontractAmount Si 009462.01 Add ThIs Change Order No. I S 55 933.50 Revised Contract Total $1065;395:51 4 - days added to contract time 'k*+Irk�4*ka**+4*i�kkaka#k*kkk******kkkk*ir*k ON Approved Bys Coutractart: V i.i " , L� —,Date-. '617 tb SOi[YIC'aSDM$ION(CIP]NA771FCISN CONSTa3KT10Hft-0OB-II MMY SPA=NS1RWrTW,PA0MMS PAMMM& CWB WRI:MC h CONTRACT: FY 08109 Slurry Seal and Restrlping Program CONTRACTOR: Valley Slurry Seal Company P.O. Box 981330 West Sacramento, CA 95798 Sheet I of3 PROJECT NO. CIP 2008-11 CONTRACT CHANGE ORDER NO.2 Pursuant to the terns of the original Contract Agreement, you are hereby directed to make die 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, genera( conditions, and special provisions of the original Contract. I)ESCRIPTION OF CHANGE This Contact Change Order allows for the removal of existing striping and pavement legends, which were not originally included in the project, but in need of removal Total $ 7,520.00 This Contract Change Order also allows for the Contract Quantity Adjustment between the original Bid Quantities and Actual Quantities installed. Total $ 37.097.06 This Contract Change Order also allows for a credit for the striping removals not performed as required Total $ (5,009.00) This Contract Change Order also allows for a credit for the rubber tire rolling of the slurry seal as required Total $ (5 000 00) This Contract Change Order also allows for an assessment of Liquidated damages of 8 days at $500 / day Total S (4,000,00) - Previous Contract Amount throw b CCO 91 $ 1065 395.51 Add This Change Order No. 2 S 30 617.06 Revised Contract Total s1,096 012.57 By reason of this contract change order the time of completion is adjusted as follows: - 8 - days added to contract time. The revised contract completion date shall be: 09f23/09 Submitted Approved hVe, the undersigned Contractor, have gi ven careful consideration to the change proposed and hereby agree, ff this proposal is approved, that we will provide all equipment.furnish all materials, perform all labor, except as may be'nolad above, andperform all services necessary to complete the above specified work, and hereby accept as fidl payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. TzNotaMotosex,acas DIVISION(Cn,)VRolaCfda CGNSTRDa(OIWM.II SLURRY SEAL ONSMUCrIOMPaOGRESS PAYS/ENiB* CCCSKCo X2 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 DOC # 2010-0012691 01/12/2010 08:00A Fee:NC Page t of 2 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 S R U PAGE I SIZE DA I MISC I LONG I RFD COPY M A L 466 426 POORLNCOR SMFEM O(!� /1 ^ 96�& CG T:CTY NOTICE OF COMPLETION Fiscal Year 2008/2009 Slurry Seal and Restriping Program - Project No. 2008-11 Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (53.00 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: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of LaQuinta 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 5'h day of January 2010, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: Fiscal Year 2008/2009 Slurry Seal and Restriping Program, Project No. 2008-11. 6. The name of the contractor for said work of improvement was: Valley Slurry Seal. 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: Citywide. DATED: January 6, 2010 CITYzOF LA QUINTA, CALIFORNIA B 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. VERONICA ,1irMONTECINO, City Clerk City of La Quinta, California