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Sierra Pacific Electric/Traffic Sig Ave 50 & Jefferson 10
SECTION 1300 AGREEMENT ll�l_OIVI�I� IA.y 112010 THIS CONTRACT, by and between the CITY qi. RRWDRWCMAWmunicipal 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 Ave 50 and Jefferson Street Traffic Signal Pole Replacement Project, in the City of La Quinta, California pursuant to the Invitation to Bid, dated April, 2010, the project Specifications, and Contractor's Bid, dated May, 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 5 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 Four Thousand and Seventy Seven Dollars and Zero Cents ($4,077.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 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 Agreement 1300-7 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 effeci„ and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $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. Agreement 1300-2 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Agreement 13OO-3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: 4 1G /" Veronica J. APPROVED AS TO FORM: 14, d:� Ci ttohiley "CITY" CITY OF LA OUINTA, a California municipal corporation By: Thomas P. Genovese, City Manager Dated: ,�/Z7//2) Dated: "CONTRACTOR" (If corporation, affix seal) Dated: S-Af--/O By:--s� Name: < < Lo o (J Dated: S - -1S'/'� i\1 P By: Name: J oi4 y K. L2 0�2 Title: C V' o Agreement 1300-4 ,n R SECTION 1310 FAITHFUL PERFORMANCE BOND Bond# 58672244 Premium: $200. . KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on May 12, 2010, awarded to Sierra Pacific Electrical Contracting, hereinafter designated as the Principal, a Contract for Ave 50.and Jefferson Street Traffic Signal Pole Replacement Project 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 Four Thousand and Seventy Seven Dollars and Zero Cents ($4,077.00) 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 beperformed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension .of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. f310-1 Falthful Pe formence Bond IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their corporate seals this 28th . day of May , 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) mature f& Principal C r� Title of Signatory Western Si tuts f r Surety J. Johnson Attorney -in -Fact Title of Signatory 6300 Canoga Ave., 41150 W Woodland Hills, CA 91367 Address of Surety 818-713-2032 Phone # of Surety Peter Riehl Contact Person for Surety 13f0-2 Falthlul Performance Bond 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. WESTERN SURETY COMPANY ygPETYC` /� 0 PtlggAtsi / / \SE pb:i �� fi oet''SP Paul IrBruflat, Senor Vice President State of South Dakota ss Minnehaha I County of 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. �M144M144444M1M1M14444444444M14r My commission expires D. KRELL + i e November 30, 2012 + SEAL NOTARY PUBLIC SOUTH DAKOTA SEAL i �4444444M144444M144444444M1+ D. Krell, NOtaty Public CERTIFICATE 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 201 rewhereof I have hereunto subscribed my name and affixed the seal of the said corporation this 28 th day of May q,IPET} WESTERN SURETY COMPANY -_ p3�SE AN Ii L. Nelson, Assistant Secretary Form F4280-09-06 CALIF,ORVIA L-P,URP.OSEACKIVOWLEDGMENT State of California County of Orange On May 28, 2010 before me, Suzan M. Martinez, 'Notary Public NAME personally appeared _ J.W. Johnson NAME OF SIGNER SUZAN M. MARTINEZ Commission # 1794543 .'•� Notary Public • California Orange County Comm. Mar29,2012 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 be 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. 1, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNWS my hand and official seal. ,//, rURE OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) 1 PARTNER(S) ❑ LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) OTHER F.Win M could DOCUMENT OF PAGES DATE OF DOCUMENT LN I SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ------------------------ SIGNER OTHER THAN NAMED ABOVE California All Purpose Acknowledgment State of California County of Riverside On June 2, 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 Commisslon # 1748861 :-m Notary Public -California £ Riverside xP County Ui My Cp•� °m^�W�es Ju11, 2011 Description of Attached Document Title or Type of Document: Document Date: Number of Pages __ Signer(s) other then named Signers Name: Judy K. Loop ❑ Individual ❑ Corporate Officer — Title: Asst. Secretary/CFO ❑ Partner ❑ Other Signer is Representing: Sierra Pacific Electrical Contracting j L( SECTION 1320 Bond# S8672244 PAYMENT BOND premium included KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City has May 12, 2010, awarded to Sierra Pacific Electrical Contracting, hereinafter designated as the Principal, a Contract for Ave 50 and Jefferson Street Traffic Signal Pole Replacement Project.. WHEREAS, said Principal is required to fumish 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 Four Thousand and Seventy Seven Dollars and Zero Cents ($4,077.00) lawful money of the United States, for the payment. of which sum well and truly to be made, we bind ourselves, our heirs, executors,administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections.18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time,. alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2846 of the Civil Code of the State of California. 1320-r Payment Bond - IN WITNESS WHEREOF, the'Principal and Surety have executed this in2sttruhent under their corporate seals this day of May , 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) Si ature fo Principal CFb Title of Signatory (Seal) for Surety J.w. Johnson -: Attorney -in -Fact Title of Signatory 6300 Canoga Ave., 41150 W Woodland Hills CA 91367 Address of Surety 818-713-2032 Phone # of Surety Peter Riehl Contact Person for Surety Payment Bend 1320.2 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. WESTERN SURETY COMPANY grarrrc -�0brir`onas° Paul . Bruflat Senior Vice President State of South Dakota 1 ss County of Minnehaha I On this 13th day of March, 2009, before me personally came Paul T. Bmflat, 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. /4444444444444444444444441 My commission expires i D. KRELL + November 30, 2012 ` eAL NOTARY PUBLIC SEAL i SOUTH DAKOTA i �44444444444444444444444+ _ D. Krell, Wary Public CERTIFICATE 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 name and affixed the seal of the said corporation this 28 th day of May 2010 ��ps/°°rrre WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-09-06 CALIFORNW- AL - URPOS III C•KNIli WLFiDGMDLv State of California County of Orange On May 28, 2010 before me, Suzan M. Martinez, Notary Public NAME personally appeared _ J.W. Johnson NAME OF SIGNER SUZAN M. MARTINEZ Commission N 1794545 s Notary Public - California Orange County Comm. N1ar29,2012 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. 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/CONSER T ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED TITLE O$.TYPE OF DOCUM PAUES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE California All Purpose Acknowledgment State of California County of Riverside On June 2, 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 EARL SMITH Commission # 1748861 WITNESS my hand and official seal. Riverside county Earl Smith, Notary Public Description of Attached Document Title or Type of Document: Document Date: Signer(s) other then named Optional i ;-ae Notary Public -California £ My COMM Expires Jul 1, 2017 Number of Pages Signers Name: Judy K. Loop ❑ Individual ❑ Corporate Officer —Title: Asst. Secretary/CFO [I Partner El Other Signer is Representing: Sierra Pacific Electrical Contracting California All Purpose Acknowledgment State of California County of Riverside On June 2, 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. \1 C• 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: Number of Pages Signer(s) other then named Signers Name: Judy K. Loop ❑ Individual ❑ Corporate Officer — Title: Asst. Secretary/CFO ❑ Partner ❑ Other Signer is Representing: Sierra Pacific Electrical Contractin> 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." Si ature CIJ Title Date Workers Compensation 1n Dance Certificate 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees and agents, which arise out of Contractor's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. 2.2 Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following: UabMy and Insurance Requwements 7340-1 a. Premises Operations, including Explosion, Collapse and Underground M C, and U) Coverage. b. Completed Operations/Products, including X, C, and U Coverage. C. Independent Contractors. d. Blanket Contractual. e. Deductible shall not exceed One Thousand Dollars ($1,000). 2.3 Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: a. Coverage shall be applicable to any and all leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated with this Contract. b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. C. Deductible shall not exceed One Thousand Dollars ($1,000). 2.4 Workers' Compensation Insurance The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor: a. The required policy shall provide coverage for Workers' Compensation (Coverage A). b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B). 2.5 Endorsements All of the following endorsements are required to be made a part of the policies described in this Section hereof: a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub -consultants are hereby added as additional insured insofar as Work done under this Contract is concerned." 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 LiabOy and Insurance Requirements IW-2 any other insurance the City does possess shall be considered excess insurance only." C. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to. Thomas P. Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 2.6 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. Gabft and Imuraxa Requirements 1340-3 A1COKO® CERTIFICATE OF LIABILITY INSURANCE PRODUCER Ed ewood Partners Insurance Center (EPIC) THIS CERTIFICATE IS ISSUED AS A 9 ONLY AND CONFERS NO RIGHTS 19000 MacArthur Blvd. PH Floor HOLDER. THIS CERTIFICATE DOES Irvine, CA 92612 1 ALTER THE COVERAGE AFFORDED INSURED Sierra Pacific Electrical Contracting 2542 Avalon Street Riverside CA 92509 263-0606 oRa_nona I INSURERS AFFORDING COVERAGE of RAW yr e' 0'h DATE (MM/DOIY1'YY) 72 1 ' R OF INFORMATION THE CERTIFICATE MEND, EXTEND OR E POLICIES BELOW. NAIC # COVERAGES NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSR DD' POLICY NUMBER $ 1,000,000 6/30/2009 6130/2010 023462493 EACH OCCURRENCE A GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 COMMERCIAL GENERAL LIABILITY $5,000,000 Per PREMISES Eaoccunence CLAIMS MADE a OCCUR Project Agg/Limit MED EXP (Any one person) Excluded PERSONAL&ADV INJURY $ 1,000,000 ,X Exclusion Contractual Liability GENERAL AGGREGATE $ 2,000,000 Included t/ $5,000 Deduct. $5,0 PRODUCTS-COMPIOP AGG $ 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER B POLICY V PRO- LOG 13A8161433 6/30/2009 6/30/2010 COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Ea accident) 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SC HEOU LED AUTOS HIRED AUTOS BODILY INJURY (Pereccd.ut) $ NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ EA ACC $ GARAGE LIABILITY ANY AUTO OTHER THAN AUTO ONLY: AGG $ BE031 B16711 6/30/2009 6/30/2 010 EACH OCCURRENCE $ 2,0------ 2,000,000AGGREGATE $ Q EXCESS (UMBRELLA LIABILITY OCCUR � GIAIMs MADE E 8 DEDUCTIBLE RETENTION $ 1/1I2010 1I1I2011 WC STATU- OTH- �/ D WORKERS COMPENSATION BB1101091 E.L. EACH ACCIDENT $ 1 000 000 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? E. L. DISEASE - EA EMPLOYE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1 000,000 (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below B OTHER Leased/Rented Equip CBP8161333 6/30/2009 6/30/2010 $90,000 Limit with deductible. Special form Oct theft$1,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Avenue 50 & Jefferson St., Traffic Signal Pole Replacement Project, La Quinta CA 92247 Certificate holder is additional insured for general liability as required by written contract with the named insured prior to an occurrence as per form 11-85 attached subject to all policy terms & conditions. LXOCC234 1103 and Pro). Agg LX9695 will apply if required by contract. Primary Wording LX98380805,Waiver of Subro Work Comp Waiver of Subro WC040306 484 and Auto Liability Add Insd GECA701 apply if required by written contract. nu Re' Avenue 50 &Jefferson St., Traffic Signal Pole Replacement City of La Quinta its officers, employees, consultants & as per attached addendum P.O. Box 1504 La Quinta CA 92247-1504 ACORD 25 (2009/01) CERT NO.: 7485890 Brynda Presnall 5/27/2010 2:22:47 PM Page 1 of ] SHOULD ANY OF THE. ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XrA)EXXN*30 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WEXKI4XX00X)CX,'XJtyW kWXNIKNC00XNKDCbMiCOBCOIeW W(WiOfYAE-0tXOfWN1P7GNAN8CNXpfiERby9(d�IX9(KK x1rE107f.�XrXli(I$�Y: ' 10 Days for Non -Payment of Premium. Susan J. Sampson U 1 ©'1988.2009 ACORD CORPORATION. Ail rights reserved. .oadsOW'Ne- CENT NO- 7485890 Bryn La PYCSnall 5/27/2010 2,22:92 PM Page 2 Of 7 5/27/2010 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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 Date Insurance Company SeaBright Insurance Company ` I Countersigned By _ , G WC 04 03 06 (Ed. 4-84) ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. CER NO.: 0905890 Brynda Presnall 5/27/2010 2:22: 47 PM Page 3 of 7 5/27/2010 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 ED Authorized Representative OR Countersignature (In states where applicable) PERT NO.: 7485890 0rynda Preanall 5/27/2010 2: 22.97 PM Page 4 Of 5/27/2010 This endorsement, effective 12:01 AM 6/30/2009 Forms a pan 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) LyEXpO�p=234 (11103) CBRT Mf.` P85890 Brynda Preenall 5/27/2010 2:22:40 PM Page 5 of 7 INSURED'S COPY 5/27/2010 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 - $ 5,000,000 (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 Representative OR Countersignature (In states where applicable) CERE"b'9g4/i"4i .z,nda er... a11 5/27/2010 2:22.41 PM Page 6 of 7 t 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 II) 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) 11 /85 CERT NO.: 748SB90 BYynda Pie8 all 5/27/2010 2:22:47 PM Page 7 of