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PTM General Engineering/Village Ped Crossing 10SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and PTM General Engineering Services, Inc., herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for City Project No. 2008-04B, Phase 2 — Village Enhanced Pedestrian Crossings and Traffic Calming Devices in the City of La Quinta, California pursuant to the Invitation to Bid, dated May 2010 the project Specifications, and Contractor's Bid, dated June 24, 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 40 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 Five Hundred and Twenty Seven Thousand and Twenty Seven Dollars and Zero Cents ($527,027.00). 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). Contract 1300-1 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 Contract, 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. Contractor shall hold the County of Riverside, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or sub- contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work requires by the Contract Documents and agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside, its officers, agents, employees and Independent Architect in any legal action based on any such alleged acts or omissions. 10. 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. 11. 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. Contract 1300-2 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections .12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 13. 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. 14. Contractor and Owner do hereby acknowledge that this Contract will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 5701 and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. 15. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this contract in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Contract. 16. Contractor shall comply with the Davis -Bacon fair Labor Standards Act (40 USC a- 276, a-5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010). Contractor acknowledges that the applicable Wage Determination for this project is: General Decision Number CA20100036 Modification Number: 3 Date:04/16/2010 17. Section 3 Compliance: The Contractor hereby acknowledges that this federally - funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 1351 and agrees to the following: A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as Contract 1300-3 amended, 12 U.S.C. 1701u (Section 3)• The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment Contract 1300-4 shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b)• 18. This Contract shall not be assignable by Contractor without the written consent of City. 19. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 20. 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. 21. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 22. 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. 23. The Contractof shall maintain and preserve all such records for a period of at least three years after termination of the contract. 24. 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. 25. 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. Contract 1300-5 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA, a California municipal corporation Dated: Thomas P. Genovese, City Manager ATTEST - Veronica J. tecino, CIVIC, City Clerk APPROVED AS TO FORM: 4 tk ity A omey Dated: Dated: llv^,,j10 "CONTRACTOR" (if corporation, affix al) PTM General Engineering SE Inc. Dated: July 20, 2010 13 , ignature Elizabeth H. Mendoza de McRae President/CFO Name: Title: print name Address: 595 So. Los Coyotes Dr. Anaheim Hills, Ca 92807 street address city state zip code Dated: July 20, 2010 - B signature Name: Brian Mendoza Title: Vice President/Secretary print name Address: 11080 Kay Jay St. Riverside, Ca 92504 street address city state zip code Contract 1300.E EXECUTED IN 2 ORIGINAL COUNTERPARTS BOND NUMBER: 0150158 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on July 5, 2010, awarded to PTM General Engineering Services, Inc., hereinafter designated as the Principal, a Contract for City Project No. 2008-0413, Phase 2 Village Enhanced Pedestrian Crossings: 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 BERKLEY REGIONAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City in the just and full amount of Five Hundred and Twenty Seven Thousand and Twenty Seven Dollars and Zero Cents ($527,027.00) 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 theprovisions of Sections 2819 and 2845 of the Civil Code of the State of California. Faithful Performance Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 13TH day of JULY 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. PTM GENERAL ENGINEERING SERVICES, INC. Principal (Seal) Signature for Principal 01e, 10 Title of Signatory' BERKLEY REGIONAL INSURANCE COMPANY Surety (Seal) Signature for Surety FRANK MORONES ATTORNEY -in -FACT Title of Signatory 505 N. BRAND BLVD. #1040 GLENDALE, CA 91203 Address of Surety 818-550-1403 Phone # of Surety PHIL VEGA Contact Person for Surety Faithful Performance Bond 1310.2 No. 7916a POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, s has made, constituted and appointed, and does by these presents make, constitute and appoint: Philip Vega, Frank Morones or Jadon IL Smith of C & D Bonding & Insurance Services, Inc. of Covina, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers r c of the Company at its principal office in their own proper persons. U 7 This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, a without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations o on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further F- -.`- RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further c RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any v person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have c ceased to be such at the time when such instruments shall be issued." -o E IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its s ? corporate seal hereunto affixed this day of Y��--L--C•� , 2010. Attest: ; - Berkley Insurance ns�urpance Company . (Seal) By By P °3 Ira S. Lederman Robert P. Cole oF Senior Vice President & Secretary Senior Vice President N WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) c u - ) ss: COUNTY OF FAIRFIELD ) 0 0 o Sworn to before me, a Notary Public in the State of Connecticut, this day of YVU -4� fi , 2010, by Robert P. Cole and Ira .° S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of 5 Berkley Regional Insurance Company. EILIEEl*" Nov 1YL0°6PDI35P: $p,7�1_ Notary Public, State -of Connecticut tj .0 CERTIFICATE U 1, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the Iforegoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked < or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 1 3 thday of July 2010 (Seal) n _ e^VOL� Steven/n Coward ACKNOWLEDGMENT State of California County of Riverside O ! beforeme, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) personallyappeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(x) whose name(O ishm subscribed to the within instrument and acknowledged to me that he/WWAKey executed the same in his/kad(tok authorized capacityt!4% and that by his/hvd0 * signature(x) on the instrument the person(Q, 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 han and official seal. ul6ET4 H.rd. rrcftAE VY P,'LL9 CALI'ORNIA A /V R EYSDF COUNTTY 20H � Signature (Seal) """^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On 7 / 1 3 / 1 0 before me, Philip Vega, Notary -public Oele Hate Insert Name and Tllu of era OmOer personally appeared Frank Morones who proved to me on the basis of satisfactory evidence to be the person) whose nam*) is/gre subscribed to the within Instrument and acknowI dg to me that hA66htty executed the same in hj�/h�f/41%ir authorized capacity( 8), and that by his/ttre//their signatA(s) on the PHILIP VEGA instrument the person(4), or the entity upon behalf of Commission # 1799866 which the person(g) acted, executed the instrument. ,:m 4 ; Notary Public -California ' Los Angeles County p My Comm. Expires May 31, 20121 certify under PENALTY OF PERJURY under the laws Ib of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Placo Notary Seal AOOve - - _ elgnamn OPTIONAL Though the information below is nor required by law, It may prove valuable to persons relying and could prevent fraudulent removal and reattachment or this form to another doc Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact 7 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Nvmbar of Pages: Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact 71 Trustee * Guardian or Conservator ❑ Other: Signer Is Representing: document RIeNTTNUL0MSPRINT OF SIGNER ®2007Nellonet NoleryAeeeGiaenr,-9350Do Sob Avo..RO.eox2902-Onam%afnt,cA913i3-2C0-.,,Nellona N0laryolg Ilemtl5907 ROwdof Call Toll -Flee 1-900-B]B-eB27 EXECUTED IN 2 ORIGINAL COUNTERPARTS BOND NUMBER:0150158 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on July 6, 2010, awarded to PTM General Engineering Services, hereinafter designated as the Principal, a Contract for City Project No. 2008-04B, Phase 2. Village Enhanced Pedestrian Crossings: 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 BERKLEY REGIONAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City in the just and full amount of Five Hundred and Twenty Seven Thousand and Twenty Seven Dollars and Zero Cents ($527,027.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or. labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such Work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code_ of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Payment Band 1320.1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 13TH day of JULY 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. PTM GENERAL ENGINEERING SERVICES, INC. Principal (Seal) for Title of Signatory BERKLEY REGIONAL INSURANCE COMPANY Surety (Seal) Signature for Surety FRANK MORONES ATTORNEY -in -FACT Title of Signatory 505 N. BRAND BLVD. #1040 GLENDALE, CA 91203 Address of Surety 818-550-1403 Phone # of Surety PHIL VEGA Contact Person for Surety Payment Bond 1320.2 No.7916a POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, r has made, constituted and appointed, and does by these presents make, constitute and appoint: Philip Vega, Frank Morones or Jadon M. Smith of C & D Bonding & Insurance Services, Inc. of Covina, CA its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 Dollars r ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers r e of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, '? without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following r resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: u "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations P on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, ° or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further F- RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and v 5 further c RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 0 on power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as - though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any 3 person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of N''�-^--t� , 2010. Attest: Berkley nal Insurance Company c (Seal) By ' 4' By hfrra�S. Lederman Robert P. Cole `o Senior Vice President & Secretary Senior Vice President a c v r WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. o c STATE OF CONNECTICUT ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this ) day of �F I �✓ c.�i , 2010, by Robert P. Cole and Ira o S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. EILEE� ' v Notary Public, State of Connecticut CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the z.L foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this 2 s Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 1 3 tWay of July //�� 2010 (Seal) �— e! O✓ oL� Steven Coward ACKNOWLEDGMENT State of California County of Riverside ) n UU 20, 2jYD before me, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aw subscribed to the within instrument and acknowledged to me that he/stvIthey executed the same In his/kerAinetr authorized capacity@t&% and that by his/ ter signature(k) on the instrument the person(;�, or the entity upon behalf of which the person(x) 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. WITNESS nd and official seal El-,n ra HA +.MCRAp 19 �- Rc � our ceu=oariia > �l� R ER5 DE COUVY J^ ' rt11'r9,1 b All7,20i0 Signatu `� ` (Seal) sV .o e . 1 CALIFORNIA'F" .>u. ntG.�anCc3il5v4'6 oL' iC'Cv^,c:�..c"` qp: £GK.C�' State of California County of LOS ANGELES On 7/1 3/1 0 before me, Philip Vega, Notarypublic Data Here Insert Nam& are line el the oeloof personally appeared Frank Morones who proved to me on the basis of satisfactory evidence to be the person�g) whose namo) is/gre subscribed to the within Instrument and acknowledgg to me that heAdt,6 E�i yY executed the same it hid/fi� /44eir authorized by hid/F/e//tf/ieir PHILIP VEGA capacity(( and that signatA(s) on the Commission # 1799866 L instrument the person(g), or the entity upon behalf of d Notary Public • California which the personO acted, executed the instrument. Los Angeles County My Cemm. Expires May 31. 2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I. WITNESS my hand and offifrr Signature Place Notary Seat Move 6lgnery Puelk OPTIONAL Though the information below is not required by law, It may prove valuable to persons relyidocument and could prevent fraudulent removal and reattachment of this form to another dice, Description of Attached Document Title or Type of Document: Document Data: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —lJ Limited ❑General ❑ Attorney in Fact F7 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact q Trustee Q Guardian or Conservator ❑ Other: Signer Is Representing: ®2007 National Notary Aeeeciellm-9350 Dt sale Ave„ne,Bea 24026ChateWOftl, CA 91313-2402•w lNulonalN0t6rycrg Ilemli%07 Ro0rdor:CATo0-Fm91-800.878-ea27 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." PTM General Engineering Services, Inc. Signature Brian Mendoza Vice President/Secretary Title 07/20/2010 Date Workers Compensation Insurance Cerdrmate 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 the City of La Quinta (City), its officers, agents, and employees, the County of Riverside (County), its officers, agents, and employees, and the Project Consultants and engineers("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 and Insurance Requirements 1340-1 liability attributable to the active negligence of City, provided such active negligence is determined 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. Liabifity and 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 and Insurance Requirements 1340-3 2.5 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,O00,0OO 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: (1) 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: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds both City, its officials, employees and agents, and County, 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 regardless of 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 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. Liability and Insurance Requirements 1340-4 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 1 1. 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 Liability and Insurance Requirements 1340-5 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. 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. Liability and Insurance Requirements 1340-6 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 and Insurance Requirements 1340-7 UK, ' Do to CERTIFICATE OF LIABILITY INSURANCE 07/29/20 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LICENSE NO. 0637431 PATRICK MCRAE INSURANCE SERVICES 1290 N. HANCOCK ST., SUITE 210 ANAHEIM HILLS, CA 92807 N%ME" T PATRICK MCRAE PHC N 1 (714) 779-6999 F No,: (714) 779-6903 nooRESS: P.MCRAE SBCGLOBAL.NET C PRODUCER STOM 112 N FWY/PTM 2010 INSURE S AFFORDING COVERAGE NAICN INSURED PTM GENERAL ENGINEERING SERVICES, INC. PO BOX 7745 RIVERSIDE CA 92503 INSURER A: SCOTTSDALE INSURANCE COMPANY 41297 INSURERS: REDWOOD FIRE & CASUALTY INSURANCE 11673 INSURERC: SCOTTSDALE INSURANCE COMPANY 41297 INSURER D: FIRST NATIONAL INSURANCE COMPANY 24724 INSURERE: BARRET BUSINESS SERVICES (BBSI) 2246 (SIP) INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDL SU R POLICY NUMBER MMQDrYTfPOLICY MMIUYEXP LIMITS A GENERALLIABIUTY BCS0022114 05/11/201005/11/2011 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS.MADE OCCUR X X DEDUCTIBLE:$5,000/ OCCURRENCE PREMISES (Ea occurrence $ 50,000 MEDEXP(Any oneperson) $ 5,000 PERSONAL It ADV INJURY S 1,000,000 X XCU/OCP X EBL: $1,000,000 - GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 $ POLICY X PRO- LOC JFCT B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTO$ X X CAA100637 COMPREHENSIVEDED: $1,000 COLLISION DIED: 02/09/201002/09/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accidaM) $ X X SCHEOULEDAUTOS HIREDAUTOS $1 000 PROPERTY DAMAGE (Per accidenl) $ $ X NON-0WNED AUTO$ X $ HIRED PHY. DAMAGE C UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE - - XLS0067022 UNDERLYING POLICIES GL & AL 05/11/2010 05/11/2011 EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10,000,000 X DEDUCTIBLE RETENTION s 0 PROD> COMP /OPS $ 10,000,000 CRISIS RESPONSE $ 250,000 E WORKERS COMPENSATION 2246 11/19/200911/18/2010 X I WCSTATU- OTH- AND EMPLOYERS' UABIDTY ANY PROPRIETORMARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? �Y (Mandatory In NH) NIA X E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1, If Yes, descdbe under DESCRIPTION OF OPERATIONS below PROPERTY & INLAND MARINE 25CC23092810 07/13/2010 07/13/2011 $1,650,000 TOTAL INSURED VALUES D $1,000 DEDUTIBLE PER OCCURRENCE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAaach ACORD 101 Additional Remarks Schedule N more apace is required) CITY OF IA QUINTA, AG WITH THEIR OFFICERS, OFFICIAL. AGENTS, REPRESENTATIVES, EMPLOYEES AND 4OLUNTE IRS ARE NAMED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. AL -MG INSURANCE AFFORDED BY THE COMMERCIAL GENERAL LIABILITY POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED IS PRIMARY INSURANCE AS RESPECTS ANY CLAIM, LOSS OR LIABILITY CAUSED IN WHOLE OR IN PART BY THE NAMED INSURED(S) OPERATIONS, AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED EXCESS AND NON-CONTRIBUTORY. -SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CACELED BEFORE THE EXPIRATION DATE THEREOF, 30 DAYS WRITTEN NOTICE WILL BE ISSUED. RE: PTM JOB NO. P161Q PHASE b VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES, CITY PROJECT NO, 200BOIB CERTIFICATE! HOLDER CANCFI I ATION CITY OF LA QUINTA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 78-495 CALLE TAMPICO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN LA QUINTA, CA 92253 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 9)1988-2009 ACORO CORPORA I ION. All rtgnts reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD wl-k-D _7134 0 �°► o°` CERTIFICATE OF LIABILITY INSURANCE °07/292010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER PATRICK MCRAE INSURANCE SERVICES / #0637431 1290 N. HANCOCK ST., SUITE 210 ANAHEIM HILLS, CA 92807 TA CONNAME:CT PATRICK MCRAE Mn N o Ext: (714) 779'6999 ac No: (714) 779-6903 ADORess: p.mcrae@sbeglobal.net PRODCUSTOMER ID1; FWY- 2010 INSURE S AFFORDING COVERAGE NAICN INSURED FREEWAY ELECTRIC PTM GENERAL ENGINEERING SERVICES, INC. PO BOX 7745 RIVERSIDE CA 92503 INSURER A: GREAT AMERICAN INSURANCE 16691 INSURER IS INSURER C: INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTLMTHSTANDING 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR LTR TYPE OF INSURANCE DOLIN iNsR SUER POLICY NUMBER EFF IDDFOUY/YYVY MM MMIDDY/YVYY LIMITS GENERAL LIABILITY EACH OCCURRENCE E PREMISES JEa cmuffence E COMMERCIAL GENERAL LIABILITY MEDEXP(Anycne neon) E CLAIMS -MACE F—IOCCUR PERSONAL S ADV INJURY E GENERAL AGGREGATE S GEN'L AGGREGATE UMIT APPLIES PER'. PRODUCTS. COMP,OP AGG $ S 1-1 POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURV (Per person) $ ANY AUTO BODILY INJURV (Per accitleM) E ALL OVMED AUTOS SCHEDULEDAUTOS HIRED AUTOS PROPERTY DAMAGE (Per auitlenU E E NON-0WNED AUTOS E UMBRELLA UAB OCCUR EACH OCCURRENCE E AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ E RETENTION S WORKERS COMPENSATION sts MlU- OTH- ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORRARTNERIEXECUTIVE❑ E. L. EACH ACCIDENT E E.L. DISEASE -EA EMPLOYE b OFFICERNEMBER EXCLUDED'! (Mandatory In NH) NIA E.L. DISEASE -POLICY LIMIT E g25,000 WHILE IN TRANSR UCTIONJOBSITELOCATION A MIf yes,d svibe under DESCRIPTION OF OPERATIONS below BUILDERS RISK X I I BL201333 08/01/201003/01/2011 $320,000 IN ANV p4E RO55' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 AWftlonal Remarks Schedule M more appace is.&Imd) CITYOFlAQUIWA,ALONGWMHTHEIROFFICERS,OFFICV S.AGENTS,REPRESENTATIVES,EMPLOYEESANDZOLUNTEERSARE NAMED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. INSURANCE AFFORDED BY THE COMMERCIAL GENERAL LIABILITY POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED IS PRIMARY INSURANCE AS RESPECTS ANY CLAIM, LOSS OR LIABILITY CAUSED IN WHOLE OR IN PART BY THE NAMED INSURED(S) OPERATIONS, AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED EXCESS AND NCH-CONTRIBUTORV.'SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CACELED BEFORE THE EXPIRATION DATE THEREOF, 30 DAYS WRITTEN NOTICE WILL BE ISSUED, RE: PTM JOB NO. P1614/PHASE 2. VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES, CITY PROJECT NO.200 B c.O neo CANCFI I ATIr)N V CR 111"IVMIL IIVIV V,� �•" "' CITY OF LA QUINTA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 78-495 CALLE TAMPICO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN LA QU INTA, CA 92253 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE V TBaa-ZGUIi ACORD IiVRr VRMI1VR. Mu IIBIr Ga ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD COMMERCIAL. GENERAL LIABILITY CO 20 33 0704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MIK01911=11019=11 Iwo s oil 10 ffooli This endorsement modi[ir, insurance provided finder the following: COMMERCIAL GENERAL LIABILITY COWRAGE.PART A. Scotian tt — who Is An Insured is amended to a. Win respect to tho insurances afforded to these incduda as an additional insured any person or or- additional insureds, Inv following additional exclu- ganization for whom you are performing opera- aims apply: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement that such person or organization be added as an 1 "Bodily injury' 'property damepe" or "personal additional insured on your policy. Such person or and advertising injury" arisinq out of tho organization is an additional insured only with re- rendering Of. or the failure to render, any coact to liability for 'bodily injury", 'proporty dam- professional architectural, engineering or ago" ar'pr sanat and advertising injury" caused,. in surveying services, including: whole or in part, by. a. The preparing, approving, or failing to pre. 1. Your acts or oftasions; or pare or approve, maps, shop drawings, 2. Toacts -or omissions of these acting onyour opinions, reports, survoys,. field orders, change orders or drawings and specifica- behalf: tions; or in the performance or your ongoing operations for b,. Sup€",isury, Inspection, architectural or the additional insured, engineering activities. A person's or organization's status as an addl- 2. "Bodily injury" or'proparty damage" occurring tional insured under this endorsement ends when after, your operations for that additional insured are completed. a. Ala work, including matcriata, parts or equipment furnished inconnection with such work, on the project Jollier than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional m- surad(s) of the location of the co�erad operations has been completed; or 6. That portion of 'your work" outof which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project.. CG 20 33 07 04 0 ISO; Properties., [Inc., 2004 Page 1 off 13 P M cvo POLICY NUMBER HC S 0 02 211,} COMMERCIAL GENERAL. LIABILITY CO 20 37 07 04 THIS ENDORSEMENT CHANGE: THE POLICY. PLEASE READ IT CAREFULLY. s i O t:iqlo,41.11qlLojo This endorsement modifies insurance provided under ire following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personts) Or Or anbmtion s ; Location And ..Description .Of C a feted Cp2rations ANY PERSON OR. ORGANIZATION ALL LOCATTON`b WHEN YOU AND SUCH PERSON OR OR= ANZ26ATION HAVE AGREED TN WRITING IN A. CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHTCh THIS TNSURAN'2E APPLIES, THAT SUCH PERSON OR. OROAII.TZATION BE ADDED AS AN ADDITIONAL INSURED ON Y,.)UR POLICY Information required to.complete this Schedule, if not shover obovo will. be shown in the Declarations. Section It —Nrho Is An Insured is :amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Scheduler but only with respect to linbiiity for "bodily injury" or "property damage" caused, in whole or In part, by `your work" M the location designated and described in the schedule of this endorsement performed for that additional insured and included In the products - completed operations hazard: CG 20 37 07 04 0ISO Properties, lnc., 2004. Page t of i a A., ft ran, POLICY NUMBER BC200221 �I COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 AGAINST OTHERS TO US This endorsement modifia5 insurance provided under -the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS! COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Ot Person Or Organ trallon; 2�NY PERSON OR ORGAN I ZATIT 014 WITH IfFOM TTIF,,-. INSURED if?-,$ A(,-,P.FEr) TC WAT1,77 TRIGHTS OF RECOVERY, PROVIDED SUCH AGREZ14ENT IS MADE IN WRITING A-Ii) PRIOR TO THE LOSS The following Naddre! to Paragraph S. TransferOf Rights Of Recovery Against Others To Us of Section W—Conditions: We waive any right of wovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operakris or 'your work" done under er a contract with that person nr organization and inrltidod in the 'lirodUnt.q- camp leteli operations hazard. This waiver applies only to hw person or organization shown in the Srhexlule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 200B .%,f. C�y Page I of I IT COMMERCIAL AL70 C A NI 6 12' 1066 TEIISENDORSEfvlENTCIIANGES*riiu�i,oi,j('y. PLEASCItCAI)I'UCAf4l,,F'C]L,I,N'. BLANKET ADDITIONAL INSURED ENDORSEMENT - PRIMARY This endorsement modifies uisurance provided under the following mo,rOR CARRIER COVERAGE FORM BUSINESS AUTO COVERAGE FORM 0ARAGF. COVERAGE FORM TRUCKERS COVERAGE FORIM With respect to SECTION 11 — LIABILITY COVERAGE only, Who is Ali Ingured is aniend:d to jn4lude us all additional insured any person(s) or organization(s) whom. van are required to add to this polic.v as an ndtlitional � insurcil anderawrilton agreement in effect or becoming effective drying the policy period. This insuraticeippliesonly ie "bodily injury"and subsea cm kiexecutinn of'the written awni ' -cecrit and SGIbsequenz to the issuance of cottifleale of insurance indicating such PffsDII(S) Or Organization(s) as additional insurod(s). The insurance provided hereby to the Additional Insured(s) is limited as foljows• The coverageafforcled hemby to such additional insured is limited to imputed liability 5pedfically resudlilig 'rom tile conduct of the Named lnsured for which the additional in!;ured was held liable. 2. The limits oft insurance applicable to the in5ti afforded hereby are those 3peejfied in the limits elf insurance applicable to the, rrsuranae afforded hereby are net inclu5ive and nut in addition to the limits of insurnnceih..)Nun the Declarations or Schedules tit this fulic,­ Any coverage In ovided under dds cadorspirwin for any additional insured will never bi: broader than coverage, provided to tiny names insured. Any other poll icy terms, conditions, I im itat ions, exclusion_ and defri i it i ors apply to this L ad (;rsen tei it, CAM 6122 10 06 COMM 144C [A L AUTO CAM 6120 419 06 TIUS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAltEF'UIJ,Y, BLANKETWAIVER OF SUBROGATION 'Phis cindon.wincrit modifies insurance provided under the Collowling: MOTOR CA1tRll:-R COV—T--RAOE FORM BUSINESS AUTO COVERAGE FORM 6ARA(jF COVF',RA('rF, FORM TRUCKERS COVERAGE FORM We agree to waive any and all subrogation claims or rights of recovery againsn any pemm(s) or iftherc is an executcd written agreement with that person(s) or organ azatiains(s ' i, which requires alVaiver of8utrogation Clause firom 4J)c Named Insured, mcpt for losses, which are due in whole or pan to the negligence or errors and omissions of stela person(s) ca orgarlization(s). CAM 61110 09 06 July 12, 2010 All. Roman Alanag~ G.9.y PTM GENERAL ENGINEERING SERVICES 5942 ACORN ST RIVERSIDE, CA 92504-1040 Re: Barrett Business Services, Inc. ("BBSI") Letter of Self -Insurance for Workers' Compensation Coverage As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self -Insured Workers' Compensation Plan by way of your co -employment contract with BBSI. BBSI's California customers can also verify BBSI's state certification at http://www.dir.ca.gov./SIP/sip.html, next, click on "Rosters" then click on Private self insured employers; then scroll down to Barrett (the list is numeric by license number). Additional information is as follows: Self Insurance Certification Number California: 2246 O reg on: 1068 1 Washington: 706, 116 1 Delaware: 152 Maryland: 11365 Colorado: 463 Other Comments (place an "X' if applicable): �X Waiver of Subrogation: BBSI and PTM GENERAL ENGINEERING SERVICES agree to waive their right of subrogation for the benefit of: City of La Quinta its officers, employees, agents and volunteers at Phase 2-Village Enhancement Pedestrian Crossings and Traffic Calming Devices #2008-04B (PTM P10--14) XM Named "Letter Holder": City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 ❑X Other: Coverage Effective Dates: 11/19/09 through 11/18/10; Barrett Business Services will notify City of La Quinta 30 days in advance of a cancellation of coverage for PTM. Additionally, BBSI's self -insured program is further supported by an excess workers' compensation insurance policy with American International Group (AIG), see accompanying certificate of insurance. For additional information, please contact your local BBSI office at: (909) 890-3633 . Very truly yours, Michael L. Elich BBSI Office: SAN BERNARDINO Vice President and Chief Operating Officer doc: LOSI-2 8100 NE Parkway Drive, Suite 200 Vancouver, Washington 98662 800.494.5669 360.828.0700 Fox 360.828.0701 www.barratibusiness.com PARTNERS IN PROrITASILITY CERTIFICATE OF INSURANCE Issue Date: PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Ron Graybeal NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT Beecher Canson Insurance Agency AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 220 N W 2nd Avenue, Suite 800 COMPANIES AFFORDING COVERAGE Portland. OR 97209-3951 COMPANY LETTER A National Union Fire Insurance Company of Pittsburg PA INSURED Barrett Business Services, Inc 8100 NE Parkway, Suite 200 Vancouver WA 98662 COMPANY LETTER B COMPANY LETTER C COMPANY LETTER ❑ COMPANY ETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAd1ED 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 IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITION OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE NUMBER DATE DATE GENERAL LIABILITY GENERAL AGGREGATE = COMMERCIAL GENERAL LIABILITY Policy EBectLve Exptralian PRODUCTS-COMP/OPS AGGREGATE =CLAIMS MADE =OCCUR Number Date Date-- PERSONAL& ADVERTISING IN JURY = OWNER'S & CONTRACTORS PROT. EACH OCCURRENCE $XXX,XXX $XXX,XXX $XXX.XXX $XXX.XXX FIRE DAMAGE (Any one fire) $XXX,XXX MEDICAL EXPENSE (Any one person) $XXX,XXX AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $XXXXXX $XXX,XX% ALL OWNED AUTOS BODILY INIURY(Per person) SCHEDULE AUTOS BODILY INJURY (Per accident) $XXX,XXX $XXX,XXX HIRED AUTOS PROPERTY DAMAGE $XXX,XXX NON -OWNED AUTOS COLLISION DEDUCTIBLE GARAGE LIABILITY COMPREHENSIVE DEDUCTIBLE $XXX.XXX EXCESS LIABILITY = UMBRELLA FORM AGGREGATE $%XX XXX = OTHER THAN UMBRELLA FORM WORKERS COMPENSATION 1$15,000,000 LIMIT A AND $1,000,000 EACH ACCIDEN EMPLOYERS'LIABILITY 4880390 1/1/2010 1112011 $1000,000 DISEASE -POLICY LIMIT $1 p00,000 pISEASE-EACH EMPLOYEE) OTHER Covered states - CA DE OR WA DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESI RESTRICTIONS/SPECIAL ITEMS Limits shown are above a $5 000,000 self -insured retention CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE Ibis section intentionally left blank THEREOF THE ISSUING COMPANY WILL MAIL Pg DAYS WRITTEN NOTICE TO THE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS, OR REPRESENTATIVES. Auth=ccl Representative p R Graybeal, CPCU, ARM lov.0i wl —' doc'. 20I-1 Tjht 4 4 aaba Sheet I of 4 CONTRACT: Phase 2- Village Enhanced Pedestrian Crossings and Traffic Calming Devices PROJECT NO. 2008-04B CDBG Project No. 4.LQ.04-08 & 4.LQ.06-09 & 4. LQ.09-10 CONTRACTOR: PTM General Engineering Services, Inc. 5942 Acorn St. Riverside, Ca. 92504 CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for the upgrade to Unidecor pavers to match existing Village Area Total $ 15,260.00 This Contract Change Order allows the removal and replacement of sidewalk due to water leak Total $ 2,760.00 This Contract Change Order allows the installation of Pedestrian Push buttons and signal pole modifications Total $ 23,827.28 This Contract Change Order allows the installation of additional asphalt due to grade conflicts and thickness Total $ 6,427.69 This Contract Change Order allows the installation of traffic signal video cable for video upgrade Total $ 8,375.56 This Contract Change Order allows for a Quantity Adjustment between Bid Quantities and Actual Quantities Total $ (76 391.201 This Contract Change Order allows for a credit for the City Supplied Street Light Total $ (1,821.611 This Contract Change Order allows for a credit for substandard construction of 6 catch basins Total $ (6,066.84) This Contract Change Order allows for the Liquidated Damages of $1,500/ working day for 10 days Total $ (15,000.00) Original Contract Amount $ 527,027.00 Add This Change Order No. 1 $ (42,629.12) Revised Contract Total $ 484,397.88 By reason of this contract change order the time of completion is adjusted as follows: -22 working- days added to contract time. The revised contract completion date shall be: 11/19/10 Submitted Approved We, the undersigned Contractor, havegiven careful consideration to the changeproposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby )accept ass fdl.paaym'e/nt the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: (�'A/,/� Cll/�G11tA� UG/ANA Title: V / p q Contractor: 7Jtij (7G/1 -61y, Date: Y1J otplf F \ 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 1 504 La Quinta, CA 92247 DOC # 2011-0091143 02/28/2011 03:44P Fee:NC Page 1 of 2 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIII 11111111111111111111111111111111111111111111 IIII S R U PAGE SIZE DA I MISC I LONG RFD I COPY M A L 465 426 PCOR NCOR SMF NCH y}exnm /� eel- T: CTY UNI SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION Phase II Village Enhanced Pedestrian Crossing and Traffic Calming Devices, Project 2008-046 Fm Contractor: PTM GENERAL ENGINEERING SERVICES, INC. Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Exempt Recording Fees per Government Code Sections 6103 and 27383 PLEASE. COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, CMC, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P. O. Box 1504 La Quanta, CA 9224 7-1504 NOTICE IS HEREBY GIVEN: SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated pursuant to the laws of the State of California. 2. - The -City -Clerk of the "City of -La Quinta is autho`riied 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 15th day of February 2011, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: Phase II Village Enhanced Pedestrian Crossing and Traffic Calming Devices, Project No. 2008-0413. 6. The name of the contractor for said work of improvement was: PTM General Engineering Services, Inc. 7. The property on which said public work of improvement was completed is in the City of La Quinta, County of Riverside, State of California, and is described as follows: Avenida Bermudas/Calle Tampico intersection, Desert Club Drive/Calle Tampico intersection and Desert Club Drive immediately south of Calle Tampico. DATED: February 16, 2011 CITY OF L/K QUINTA, CALIFORNIA T Clerk STATE OF CALIFORNIA ) /� COUNTY OF RIVERSIDE 1 I hereby certify that I am the City Clerk of the governing board of the City Council of the City of La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I make this verification: that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at La Quinta, California. VERONICA J.�TI"CINO, City Clerk City of La Qu ta, California