Sierra Pacific Elec/Traffic Sig Hwy 111 10CE_ffc
FEB - 8
SECTION 1300
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and Sierra Pacific Electrical Contracting, 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. 2008-16, Highway 111 Traffic Signal
Interconnect and Control Equipment Replacement, Federal Aid Project No. CIVIL 5433 (009)
in the City of La Quinta, California pursuant to the Invitation to Bid, dated January 11,
2010 , the project Specifications, and Contractor's Bid, dated January 2010, 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 45 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 Two Hundred and Ten Thousand, Four Hundred
and Nineteen Dollars and Zero Cents ($210,419.00). 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
Agreement 1300-1
(Sections 1770-1777, Labor Code of California). The project is partially funded with
Congestion Management Air Quality (CMAQ) funds. As such, the Contractor and Sub -
Contractors shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC a-276 a-
5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and
any amendments thereof.
7. Concurrently with the execution of this Contract, Contractor shall furnish
bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to
Bid, the cost of which shall be paid by Contractor.
8. 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
Agreement 1300-2
Contractor has engaged during the term of this Contract in any unlawful employment
practice shall be deemed a breach of this Contract and Contractor shall pay to City
$500.00 liquidated• damages for each such breach committed under this contract.
12. Contractor also agrees that for contracts in excess of $30,000 and more
than 20 calendar days duration, that apprentices will be employed without discrimination in
an approved program in a ratio established in the apprenticeship standards of the craft
involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who
willfully fail to comply will be denied the right to bid on public projects for a period of six
months in addition to other penalties provided by law.
13. This Contract shall not be assignable by Contractor without the written
consent of City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the
Contract is deemed completed.
15. In accepting this Contract, Contractor certifies that no member or officer of
the firm or corporation is an officer or employee of the City except to the extent permitted
by law.
16. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to
and the right to audit and reproduce any of the Contractor records to the extent the City
deems necessary to insure it is receiving all money to which it is entitled under the
contract and/or is paying only the amounts to which Contractor is properly entitled under
the Contract or for other purposes relating to the Contract.
18. The Contractor, shall maintain and preserve all such records for a period of at
least three years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La 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.
Agreement 1300-3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
Dated
-319710
ATTEST:
Veronica J. tecno, CMC, City Clerk
APPROVED AS TO FORM:
C y Attorne *
"CONTRACTOR"
Dated:
Dated: d111�1'/1v
CITY OF LA QUINTA,
a California municipal corporation
gy.ta�
Thomas P. Genovese, City Manager
Dated: _ io
Dated: 1&,.,4 t� Aelo
By: Z
Name: &- UDet �- 4 Lc op
Title: U P
By: �-1=
Name: J,ao /C.
C F.
"CONTRACTOR"
(If corporation, affix seal)
Agreement
1300-4
Bond #58659429
Premium $1,515.
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 February 2,2010, awarded to Sierra Pacific Electrical Contracting, hereinafter
designated as the Principal, a Contract for Project No. 2008-16, Highway 111 Traffic
Signal Interconnect and Control Equipment Replacement, Federal Aid Project No. CIVIL
5433 (009) 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 Two
Hundred and Ten Thousand, Four Hundred and Nineteen Dollars and Zero Cents
($210,419.00) 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 2845of the Civil Code of the State of California.
Falffiful oarformance Bond - 1310-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this llth day of Febrixary 2010, 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.
Sierra Pacific Electrical Contracting.
Principal' , (Seal)
Sig re for P • cipal
Title of Signatory
(Seal)
Attorney -in Fact
Title of Signatory
cInnI ram.., ncro 8iisn w. Woodland Hills CA 91361
Address of Surety
(818) 713-2032
Phone t of Surety
Peter. Riehl
Contact Person For Surety
Faithful Performance Bond
1310.2
California All Purpose Acknowledgment
State of California
County of Riverside
On February 12, 2010 before me, Earl Smith, Notary Public, personally appeared Judy K.
Loop, 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 she executed
the same in her authorized capacity, and that by her 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.
Earl Smith, Notary Public
Optional
--------------------
EARL SMITH
" Commission # 1748861
® Notary Public • California
Riverside County
My Comm. Expires Jul 1, 2011
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) other then named
Number of Pages _
Signers Name: Judy K. Loop
❑ Individual
❑ Corporate Officer — Title: Asst. Secretary/CFO
❑ Partner
❑ Other
Signer is Representing: Sierra Pacific Electrical Contracting
CALIFORNIA ALL PURPOS AC@ , WLEDGMENiT
State of California
County of Orange
On February 11, 2010 before me,
personally appeared _ J.W. Johnson
NAME OF SIGNER
SUZAN M. MARTINE2
Commission # 1794545 IL
.'® Notary Public - California
-'' Orange County
Cmm. Mar29,2012
Suzan M. Martinez, Notary Public
NAME
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.
WITNE S my hand and official seal.
(SIGNATURE OF NOTAR
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑
LIMITED
GENERAL
❑ ATTORNEY -IN -FACT
TRUSTEE(S)
❑ GUARDIAN/ CONSERVATOR
❑ OTHER/E
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
UUl UMtN 1
PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED ABOVE
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 Slate of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
J W Johnson, Susan J Sampson, Jay Hurt, Anthony J D'Asaro, Individually
of Irvine, 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 13th day of March, 2009.
ayuvrrro WESTERN SURETY COMPANY
.—w
Paul . Bmflat, Senior Vice President
State of South Dakota County of Minnehaha
I ss
On this 13th day of March, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, 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 name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires+^^•••^•M1••••^4••+M1u\4•♦
` D. KRELL i
November 30, 2012 +�NOfAgY PUBLIC +
L SOUTH DAKOTA SEAL i
r
4\4M1444\L+LLLM1L\4+444\+\
CERTIFICATE D. Krell, No ary Public
I, 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 name and affixed the seal of the said corporation this 11 th day of February —. 2010
WESTERN SURETY COMPANY
♦ * ,C
Ma1*10
A'q�e1 >
1
Zf�sf A�a�•p `/ 1 lL �i
Parm F4280-09-06 L. Nelson, Assistant Secretary
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
Bond #58659429
Premium Included
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 February 2, 2010, awarded.to Sierra Pacific Electrical' Contracting,
hereinafter designated as the Principal, a Contract for Project No. 2008-16, Highway 111
Traffic Signal Interconnect and Control Equipment Replacement, Federal Aid Project No.
CIVIL 5433 (009).
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 Two Hundred
and Ten Thousand, Four Hundred and Nineteen Dollars and Zero Cents ($210,419.00)
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 Califomia 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 seals this llth day of February 2010, 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)
(Seal)
Sierra Pacific Electrical Contracting
Principal
Signature f&f'Princip5l
Title of Signatory
Attorney -in -Fact
Title of Signatory
6300 Canoga Ave. #1150 W, Woodland Hills CA 91367
Address of Surety
(818) 713-2032
Phone # of Surety
Peter Riehl
Contact Person For Surety
Payment Bond 1320.2
California All Purpose Acknowledgment
State of California
County of Riverside
On February 12, 2010 before me, Earl Smith, Notary Public, personally appeared Judy K.
Loop, 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 she executed
the same in her authorized capacity, and that by her 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.
Earl Smith, Notary Public
EARL SMITH
Commission # 1748861
o Notary Public • California £
= Riverside County
My Comm. Expires Jul 1. 2011
Optional
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) other then named
Signers Name: Judy K. Loop
❑ Individual
❑ Corporate Officer — Title
❑ Partner
❑ Other
Number of Pages
Asst. Secretary/CFO
Signer is Representing: Siena Pacific Electrical Contractins
CA&IFORNIAA'Lt#jPURPOSErAC*KNOWL DC,MENif
State of California
County of Orange
On February 11, 2010 before me, Suzan M. Martinez, Notary Public
personally appeared _ J.W. Johnson
NAME OF SIGNER
Y
SUZAN M. MARTINEZ
Commisslon # 1794545
Notary Publle • California €
' Orange County
Comm. Mar29,2012
NAME
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.
WITNVSS my hand and official seal.
(SIGNATURr- OF
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACTi'
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
/ DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) -.--------------------------
SIGNER OTHER THAN NAMED ABOVE
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
J W Johnson, Susan J Sampson, Jay Hurt, Anthony J D'Asaro, Individually
of Irvine, 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 13th day of March, 2009.
E,r WESTERN SURETY COMPANY
\Sf A�J •� / Paul
lul Bmtlat, Senior Vice President
State of South Dakota l
County of Minnehaha
3 ss
On this 13th day of March, 2009, before me personally came Paul T. BruBat, 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 name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires (•44M1M1M14444M1M1^4M14444444444 e
D. KRELL i
November 30, 2012 ;wNOTARY PUBLIC SEAL
UWSOUTH DAKOTA It
r
e4M144444M14444M144M144M1M14M1M1+
CERTIFICATE D. Krell, No ary 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 inform In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the said corporation this 11 th day of February _ _ 2010
WESTERN SURETY COMPANY
^?o�rongi`oe
«.0 riz
��
Form F4280-09-06 L. Nelson, Assistant Secretary
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
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."
Signature v
Title
Date
Workers' Compensation Insurance 1330-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from
and against any and all claims, charges, damages, demands, actions, proceedings, losses,
stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties,
liabilities of any kind or nature whatsoever, which may be sustained or suffered by or
secured against the Indemnified Parties arising out of or encountered in connection with
this Contract or the performance of the Work including, but not limited to, death of or
bodily or personal injury to persons or damage to property, including property owned by or
under the care and custody of City, and for civil fines and penalties, that may arise from or
be caused, in whole or in part, by any negligent or other act, or omission of Contractor, its
officers, agents, employees or Subcontractors including, but not limited to, liability arising
from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor,
its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or
pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with
any of the terms or conditions of this Contract or any applicable federal,
state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations,, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted
upon or arising from the use or occupation by Contractor on any other
premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages. or loss suffered by
City including but not limited to damage to or loss of City property, to the extent not
insured by City and loss of City revenue from any source, caused by or arising out of the
conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -
subsections (1), (2), (3), (4) and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnified
Party. However, without affecting the rights of City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is determined
Liability & Insurance Requirements 1340-1
►+
by agreement between the parties or by the findings of a court of competent jurisdiction.
In instances where City is shown to have been actively negligent and where City's active
negligence accounts for only a percentage of the liability involved, the obligation of
Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subcontractor or any other person
or entity involved by, for, with or on behalf of Contractor in the performance of this
agreement. In the event Contractor fails to obtain such indemnity obligations from others
as required here, Contractor agrees to be fully responsible according to the terms of this
section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the successors,
assigns or heirs of Contractor and shall survive the termination of this agreement or this
section.
This indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the Indemnified Parties
may have under the law or under any other Contract Documents or Agreements. In the
event of any claim or demand made against any party which is entitled to be indemnified
hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the
Contractor under this Agreement for the purpose of resolving such claims; provided,
however, City may release such funds if the Contractor provides City with reasonable
assurance of protection of the Indemnified Parties' interests. City shall, in its sole
discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be
liable for any accident, loss, or damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available to
City in excess of the limits and coverage required in this agreement and which is applicable
to a given loss, will be available to City.
Contractor shall submit coverage verification for review and approval by the City upon
execution of the Contract.
Liability &insurance Requirements 1340-2
The Notice to Proceed with the Work under this Contract will not be issued, and the
Contractor shall not commence work, until such insurance has been approved by.the City.
The Contractor shall not allow any subcontractors to commence work on its subcontract
until all similar insurance required of the subcontractor has been obtained and verified by
Contractor. Such insurance shall remain in full force and effect at all times during the
prosecution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance
as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
Contractor shall provide the following types and amounts of insurance:
2.2 Commercial General Liability Policy
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits shall be no less than Two Million Dollars ($2,000,000)
per occurrence for all covered losses and no less than Four Million Dollars ($4,000,000)
general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
a. Explosion, Collapse or Underground Hazard(X CU).
b. Products and Completed Operations.
C. Pollution liability.
d. Contractual liability.
Coverage shall be applicable to City for injury to employees of: contractors,
subcontractors or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2.3 Workers' Compensation Insurance
Workers' Compensation on a state -approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident for all
covered losses.
2.4 Business Auto Policy
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including
symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per
accident, combined single limit. If Contractor owns no vehicles, this requirement may be
satisfied by a non -owned auto endorsement to the general liability policy described above.
Liability & Insurance Requirements 1340-3
2.6 Excess or Umbrella Liability Insurance
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverage. Any such coverage provided under an umbrella liability policy shall include a
drop down provisions providing primary coverage above a maximum $25,000 self -insured
retention for liability not covered by primary but covered by the umbrella. Coverage shall
be provided on a "pay on behalf" basis, with defense costs payable in addition to policy
limits. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to City for injury to employees
of Contractor, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1,000,000 per occurrence
and aggregate.
2.6 Course of Construction
Course of Construction insurance shall provide "all risk" coverage for the completed value
of the project. Policies shall contain the following provisions: (11 City shall be named as
loss payee; and (2) the insurer shall waive all rights of recovery against the City.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Best rating of A- or better and
a minimum financial size of VII.
Contractor and City agree as follows:
Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees and agents,
using standard ISO endorsement No. CG 2010 with an edition date of 1985.
Contractor also agrees to require all contractors, subcontractors, and anyone else
involved in any way with the project contemplated by this agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of City to any party
involved in this agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardlessof the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the project(s) contemplated by
this agreement, ,to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others
by Contractor pursuant to this agreement shall be endorsed to delete the
subrogation condition as to City, or to specifically allow Contractors or others
Liability & Insurance Requirements 1340-4
providing insurance herein to waive subrogation prior to a loss. This endorsement
shall be obtained regardless of existing policy wording that may appear to allow
such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for the
vicarious liability of City, or to the supervisory role, if any, of City. All insurance
coverage provided pursuant to this or any other agreement (express or implied) in
any way relating to City is intended to apply to the full extent of the policies
involved. Nothing referred to here or contained in any agreement involving City in
relation to the project(s) contemplated by this agreement is intended to be
construed to limit the application of insurance coverage in any way.
5. None of the coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, at the option of City, shall
be delivered to City at or prior to the execution of this Agreement. In the event
such proof of any insurance is not delivered as required, or in the event such
insurance is canceled at any time and no replacement coverage is provided, City has
the right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other agreement and to pay the premium. Any premium
so paid by City shall be charged to and promptly paid by Contractor or deducted
from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance
provided pursuant to these requirements, to require thirty (30) days notice to City
and the appropriate tender prior to cancellation of such liability coverage and notice
of any material alteration of non -renewal of any such coverage, and to require
contractors, subcontractors, and any other party in any way involved with the
project contemplated by this agreement to do likewise.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary non-contributing basis in relation to any other insurance or
self insurance available to the City.
10.Contractor agrees to ensure that subcontractors, and any other party involved with
the project that is brought onto or involved in the project by contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Liability & Insurance Requirements 1340-5
Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
11.Contractor agrees not to self -insure or to use any self -insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this agreement to self -insure its obligations to City. If contractor's existing
coverage includes a deductible or self -insured retention, the deductible or self -
insured retention must be declared to the City. At that time the City shall review
options with the contractor, which may include reduction or elimination of the
deductible or self -insured retention, substitution of other coverage, or other
solutions.
12.The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13.For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity commences
in furtherance of performance under this agreement.
14.Contractor acknowledges and agrees that any actual or alleged failure on the part of
City to inform Contractor of non-compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15.Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where applicable.
Termination of this obligation is not effective until City executes a written
statement to that effect.
16.Contractor agrees to waive its statutory immunity under any workers' compensation
statute or similar statute, in relation to the city, and to require all subcontractors
and any other person or entity involved in the project contemplated by this
agreement to do likewise.
17.Requirements of specific coverage features are not intended as limitations on other
requirements or as a waiver of any coverage normally provided by any given policy.
Specific reference to a given coverage feature is for purposes of clarification only as
it pertains to a given issue, and is not intended by any party or insured to be all-
inclusive.
Liability & Insurance Requirements 7340-6
18.Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements is subordinate to and superseded
by the requirements contained herein. These insurance requirements are intended
to be separate and distinct from any other provision in this agreement and are
intended by the parties here to be interpreted as such..
19.All liability coverage provided according to these requirements must be endorsed to
provide a separate aggregate limit for the project that is the subject of this
agreement and evidencing products and completed operations coverage for not less
than two years after issuance of a final certificate of occupancy by all appropriate
government agencies or acceptance of the completed work by City.
20.Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Contractor
for the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
21.Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers working on this project through Contractor.
City shall determine the liability limit.
2.7 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:
Thomas P. Genovese, City Manager
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
Liability & Insurance Requirements 1340-7
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/ 7 ®
ACORO CERTIFICATE OF LIABILITY INSURANCE
DATE (MWDDnyyq
31112010
PRODUCER Edgewood Partners Insurance Center (EPIC)
19000 MacArthur Blvd. PH Floor
Irvine, CA 92612
1149)263-0606
www.ed ewoodins.com
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
INSURED Sierra Pacific Electrical Contracting
2542 Avalon Street
Riverside CA 92509
INSURER A Lexington
INSURERB. PeRdeSS Insurance Company
18333
INSURER c. National Union Fire Ins Co of Pitts
19445
INSURER D. SeaBri ht Insurance Company
15563
NSURER E.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSIR
OF INSURANCE
POLICY NUMBER
POLICY EFFECTNE
POLICY EXPIRATION
LIMITS
LTR
A
TYPE
GENERAL LIABILITY
✓ COMMERCIAL GENERAL LIABILITY
023462493
$5,000,000 Per
6/30/2009
6/30/2010
EACH OCCURRENCE
$ 1000,000
DAMAGE TO RENT
PREMISESEaocwnenw
$ SO,ODD
MEDEXP(An ono Person
fxcluded
CLAIMS MADE ❑✓ OCCUR
Project Agg/Limit
PERSONAL&ACV INJURY
$ 1,000,000
✓ Wrap Exclusion
Contractual Liability
✓
$5,000 Deduct.
GENERALAGGREGATE
$ 2,000,000
Included
GEN'L AGGREGATE
LIMIT APPLIES PER:
PRODUCTS COMP/OP AGO
$ 2000,000
POLICY
✓ PRG- LOG
B
AUTOMOBILE
LIABILITY
BA8161433
6/30/2009
6/30/2010
COMBINED SINGLE LIMIT
P. a¢idenU
$ 1,000,000
✓
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
(Per person)
$
SCHEDULED AUTOS
✓
HIRED ALTOS
BODILY INJURY
(Par ectltlern7
$
✓
NON -OWNED AUTOS
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
AUTO ONLY. AGG
$
ANY AUTO
$
G
EXCESS/ UMBRELLA LIABILITY
✓ OCCUR CLAIMS MADE
BE031810711
6/30/2009
6/30/2010
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
$
DEDUCTIBLE
$
RETENTION $
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
ANY PROPRPoETORA°ARTNEREXECUTNE❑
BBII01091
1/1/2(A0
1/1/2011
CSTATU- OTH'
CH ACCIDENT
$ 1 OOO DOO
EASE - EA EMPLOYE
rl.
$ 1,000,00
OFFICEPoMEMBER EXCLUDED]
(Mandalory,n NH)
Ilyes. describe under
SPECIAL PROVISIONS bebw
EASE -POLICY LIMIT
$ 1,000.00
OTHERB Leased/Rented Equip
Specal form incl theft,0
CBP8161333
6/30/2009
6/3DI2010
00 Limit with
deductible.
DESCRIPTION Of OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECAL PROVISIONS
Re: Federal Aid Project# CML5433 (009); City Project #2008-16, Hwy 111, La Quinta CA; THIS CERTIFICATE SUPERSEDES ALL OTHERS PREVIOUSLY IS
Certificate holder is additional insured for general liability as required by written contract With the named
insured prior to an occurrence as per form 11-85 attached subject to all policy terms & conditions.
Primary Wording LX98380805,Waiver of Subro LXOCC234 1103 and Proj. Agggg LX9695 will apply if required by contract.
Work Camp Waiver of Subro WC040306 484 and Auto Liability Add Insd GECA701 apply if required by written contract.
Re: Federal Aid Project No. CML5433 (009); City Project No. 2008-16
City of La Quinta
its officials, employees and agents
Attn: Bryan McKinney
P.O. Box 1504
La Quinta CA 92247-1504
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL6N0pO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
`10 Days for Non -Payment of Premium.
AUTHORIZED REPRESENTATIVE
Susan J. Sampson
ACORD 25 (2009101)
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3/1/2010
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from US.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be =% of the California workers' compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization
Job Description
WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO
OBTAIN THIS AGREEMENT FROM US, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS
ENDORSEMENT BENEFIT ANY COMPANY OPERATING
AIRCRAFT FOR HIRE.
*The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less
than $500 policy minimum premium.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The Information below Is required only when this endorsement Is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. BB1101091 Endorsement No. 1/1/2010
Insured Sierra Pacific Electrical Contracting Policy Effective Dale
Insurance Company SeaBright Insurance Company
F 9
J�
Countersigned By
WC 04 03 06
(Ed.4-84)
01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
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3/1/2010
ENDORSEMENT#
This endorsement, effective 12:01 AM:
Forms a part of policy no.: 023462493
Issued to: Sierra Pacific Electrical Contracting
By: LEXINGTON INSURANCE COMPANY
PRIMARY/NON-CONTRIBUTORY INSURANCE ENDORSEMENT
This endorsement modifies insurance provided by the policy:
Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy
for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim,
loss or liability arising out of the Named Insured's operations; and any insurance maintained by the
Additional Insured shall be non-contributing.
All other terms and conditions of the policy remain the same.
LX 9838
NK
Authorized Representative OR
Countersignature (In states where applicable)
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3/1/2010
This endorsement, effective 12-01 AM 6/30/2009
Forms a part of policy no.: 023462493
Issued to:
By:LEXiNGTON INSURANCE COMPANY
Sierra Pacific Electrical Contracting
WAIVER OF SUBROGATION
(BLANKET)
It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against
any person or organization where the insured has waived liability of such person or organization as part
of a written contractual agreement between the insured and such person or organization entered into
prior to the "occurrence" or offense.
All other terms and conditions remain unchanged.
Authorized Representative OR
Countersignature (In states where applicable)
LEX�OppCgqC234 (11103)
CEAS VA4@A1251 "�ynda P[esnaLL 3/L/2010 2:16:19 PM Page < Of INSURED'S COPY
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3/1/2010
ENDORSEMENT
This endorsement, effective 12:01 AM 6/30/2009
Forms a part of policy no.: 023462493
Issued to: Sierra Pacific Electrical Contracting
By: Lexington Insurance Company
AGGREGATE LIMITS OF INSURANCE - PER PROJECT AMENDMENT AND
OVERALL GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the policy:
Subject to the Overall General Aggregate Limit stated in Item 3 of the Declarations, the General
Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your
"projects" away from premises owned by or rented to you.
It is further understood and agreed that the following changes are made to the policy:
(1) Item 3, Limits of Insurance in the Declarations is amended by the addition thereto of the
following Limit:
Overall General Aggregate Limit - $ 5,OOO,o00
(2) SECTION III- LIMITS OF INSURANCE is amended by the addition thereto of the following
paragraph under paragraph 6.
7. The Overall General Aggregate Limit is the most we will pay under Coverages A and B for
the sum of all Limits of Insurance as provided in this SECTION III regardless of the number of
your "projects"; except for damages because of "bodily injury" and "property damage"
included in the "products -completed operations hazard".
For the purpose of this endorsement, "project" means the work for which the Named Insured is
responsible according to a contract between the Named Insured as the contractor or sub -contractor,
and an owner, developer or general or sub -contractor.
All other terms and conditions remain unchanged.
Authorized Representat ve OR
Countersignature (In states where applicable)
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ENDORSEMENT ('
This endorsement, effective 12:01 AM 6/30/2009
Forms a part of policy no.: 023462493
Issued to: SIERRA PACIFIC ELECTRICAL CONTRACTING, INC.
By: LEXINGTON INSURANCE COMPANY
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT.
WHO IS AN INSURED (Section 11) is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to
liability arising out of "your work" for that insured by or for you.
All other terms and conditions remain unchanged.
uthorized Representative OR
Count rsignature (In states where applicable)
11185
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Sierra Pacific Electrical Contracting BA8161433
COMMERCIAL AUTO GOLD ENDORSEMENT 3/1/2010
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SECTION 11— LIABILITY COVERAGE
A. COVERAGE
1. WHO IS AN INSURED
The following is added:
d. Any organization, other than a partnership orjoint venture, over which you maintain ownership or a
majority interest on the effective date of this Coverage Form, if there is no similar insurance available
to that organization.
e. Any organization you newly acquire or form otherthan a partnership orjoint venture, and over which
you maintain ownership of a majority interest. However, coverage underthis provision does notapply:
(1) If there is similar insurance or a self -insured retention plan available to that organization; or
(2) To "bodily injury" or "property damage" that occurred before you acquired or formed the
organization.
f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in
your business or your personal affairs. Insurance provided by this endorsement is excess over any
other insurance available to any volunteer or employee.
g. Any person, organization, trustee, estate or governmental entity with respect to the operation,
maintenance or use of a covered "auto" by an insured, if:
(1) You are obligated to add that person, organization, trustee, estate or governmental entity as an
additional insured to this policy by:
(a) an expressed provision of an "insured contract", or written agreement; or
(b) an expressed condition of a written permit issued to you by a governmental or public
authority.
(2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after:
(a) You executed the "insured contract" or written agreement; or
(b) the permit has been issued to you.
2. COVERAGE EXTENSIONS
a. Supplementary Payments
Subparagraphs (2) and (4) are amended as follows:
(2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required
because of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning
up to $500 a day because of time off from work.
Includes copyrighted material of Insurance Services Offices, Inc. with its permission
GECA 701 (09/04) Page 1 of 3
CERl d0.: 6931251 Peynda P[ n3Ll 3/1/2010 2:16:19 PM Page I Of I
IN
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 # 2010-0355719
07/29/2010 08:OOA Fee:NC
Page I of 2
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
1111111111111111111111111111111111111111111111111111111111
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SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
Highway 111 Traffic Signal Interconnect & Control Equipment Replacement, Project No. 2008-16
051
C
Title of Document
THIS AREA FOR
RECORDERS
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 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
Atm Veronica J. Montecino
P. O. Box 1504
La Quinta, CA 92247-1504
NOTICE IS HEREBY GIVEN:
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
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 20th day of July 2010, a work of improvement on the real property herein described
was completed.
5. The public work improvement is described as follows: Highway 111 Traffic Signal Interconnect &
Control Equipment Replacement, Project No. 2008-16.
6. The name of the contractor for said work of improvement was: Sierra Pacific Electrical
Contracting.
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: Various signalized
intersections on Highway 111 between Jefferson Street and Washington Street.
DATED: July 21, 2010
CITY OF LA QUINTA,
BY:
TIT
STATE OF CALIFORNIA I
COUNTY OF RIVERSIDE I
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.
City of La Qu
UTECINO, City Clerk
California
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
OOC N 2010-0355719
07/29/2010
Customer COPY Label
The paper to which this label is
affixed has not been compared
with the recorded document
Larry W Ward
County of Riverside
Assessor, County Clerk & Recorder
SPACE ABOVE FOR RECORDER'S USE ONLY
Highway 111 Traffic Signal Interconnect & Control Equipment Replacement, Project No. 2008-16
Title of Document
THIS AREA FOR
RECORDERS
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, CIVIC, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
P. 0. Box 1504
La Quinta, CA 92247-1504
NOTICE IS HEREBY GIVEN:
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
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—a11`Notices— o -Comp e Ion.
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 20th day of July 2010, a work of improvement on the real property herein described
was completed.
5. The public work improvement is described as follows: Highway 111 Traffic Signal Interconnect &
Control Equipment Replacement, Project No. 2008-16.
6. The name of the contractor for said work of improvement was: Sierra Pacific Electrical
Contracting.
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: Various signalized
intersections on Highway 111 between Jefferson Street and Washington Street.
DATED: July 21, 2010 CITY OF LA PUINTA, CALIFO
BY:
Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE
I hereby certify that I am the City Clerk of the governing board of the City Council of the City of
La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I make this
verification: that I have read said notice, know its contents, and that the same is true. I certify under
penalty of perjury that the foregoing is true and correct.
Executed at La Quinta, California.
City of La