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Victor Concrete/Village Area Sidewalk Infill 10SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Victor Concrete, 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. 2009-19, Village Area Sidewalk Infill Improvements, in the City of La Quinta, California pursuant to the Invitation to Bid, dated July 7, 2010, the project Specifications, and Contractor's Bid, dated July 28, 2010 all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 45 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration of One Hundred and Seven Thousand, Nine Hundred and Ninety One dollars and fifty cents ($107,991.50). 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. Contract 1300-1 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), Contractor hereby assumes liability for and agrees to defend, (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties"), from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including legal costs and attorneys fees), judgments, civil fines and penalties, liability 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 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 contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined 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 contract. In the event Contract 1300.2 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 contract or this section. This indemnity shall survive termination of the Contract 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 Contract 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 of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 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, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. Contract 1300-3 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the; contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Contract 13004 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. Dated: A "CITY" CITY OF LA QUINTA a California municipal corpora ton By: Thomas P. Genovese, City Manager Dated• tecino, CMC, City Clerk APPROVED AS TO FORM:AL Dated: SAIV 0 i A orney "CONTRACTOR" (if corporation, affix seal) Dated: -6is l b Name: V 1L'DV IsYC(n1I1 ()- print name Address: P I', �\OYVC, � .• street address city Dated: Name: print name Address: signature Title: h W Y -f V1 By: Title: signature street address city state zip code Contract 1300-5 Premium subject to Premium: $1,620 :.adjustment based SECTION1310 Bond No. 70979068 on final contract FAITHFUL PERFORMANCE BOND price. KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on August 3, 2010, awarded to Victor Concrete, hereinafter designated as the Principal, a Contract for City Project No. 2009-19, Village Area Sidewalk Infill Improvements 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, andwestern Surety company, as Surety, are held and firmly bound unto the City in the just and full amount of One Hundred and Seven Thousand, Nine Hundred and Ninety One dollars and fifty cents ($107,991.60) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. FaIMM Performance Bond 1310.1 DV L LU LY V / V J/ J V V V IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their _ seals this 1 3th day of August' 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. Victor Granillo dba victor Concrete Principal (Seal) Signature for Principal Victor Granillo Title of Signatory , Proprietor Surety (Seal) Signature for Surety Blake A Pfister, Attorney in Fact Title of Signatory 101 S Phillips Ave Sioux Falls, SD 57192 Address of Surety (800) 331-6053 Phone # of Surety Dan Lund Contact Person for Surety FallMul PeAormance Bond 1310.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On August 13, 2010 beforeme, Lianne Nahinal Notary Public Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Names) of Signer(s'I .. . LITNNE NAHINA a?( Commission # 1767633 � Notary Public - California € " `, y Orange County W;yComm.F.�Xes:,�p74,2071 who proved to me on the basis of satisfactory evidence to be the person(* whose name(o) is/AM subscribed to the within instrument and acknowledged to me that he/semillie y executed the same: in his/W@W*Aeir authorized capacity(#), and that by his/4100 * signature# on the instrument the person(ll), 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 an official seal. Signature Place Notary Seal Above Ignatu of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Bond No 70979068 August 13, 2010 Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) None Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: W,qtprn surety Company Top of thumb here Number of Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb ® 2007 National Notary Association - 9350 De Soto Ave_ P O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary 019 Item 45907 Reorder'. Call Tall -Free 1.800-876-6827 Western Surety Company POWER OF ATTORNEY - CERTII I M COPY Know All Men By These Presents, that of the State of South Dakota, and having its constitute and appoint Bond No. 7 0 97 90 63 SURETY COMPANY, a corporation duly organized and existing under the laws fice in Sioux Falls, South Dakota (the "Company"), does by these presents make, its true and lawful attorneys) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Victor Granillo dba Victor Concrete Obligee: City of La Quinta Amount. $500, 000, 00 and to bind the Company thereby as fully and to the same extent as if such bonds was signed by the Sanfoc Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. 'Section 7. All bonds, policies, umdertaldngs, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary„ Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bands, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of my bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile:' All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of December 30 , 2010 , but until each time shall be irrevocable and in fidl force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior 010 President, Paul T. Bruillat, and its cozRWW&A4 to be affixed this . 13th day of Auoust WEST R kSURE COMPANY Paul T. BrufiaVSemor Vice President A } ss CO ) On this 13th day of August in the year 2010 _ , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluat,uy act and deed of s 'd corporation. D. KRELL IIMff PUBLIC s Notary Public - South Dakota SOUTH OfiKOO1 My Commrission Eores November 30. 2012 I the undersigned officer of Western Surety Company, a stack corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company es set forth in the Power of Attorney is now in fame. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 13th day of August 1 2010 . WEST R SURE COMPANY Paul T. BruflaVISemor Vice President Foen F6366-9-2006 CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Riverside } SS. On 08/15/2010 before me, Sandra— r�shig3 Notary P,,hlir. tirseM1 name antl {it of :he office;) personally appeared --Vll/ I U I v Iyv 1 1 I - Iv who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefsheFthey executed the same in his/hESOheir authorized capacity##, and that by hisAmw4heir signature(o on the instrument the personal, or the entity upon behalf of which the personal 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. X—,— SANDRA ARECNIGA Comm.k 1871309 NOTARY MI C.CALIFOW - N RIVERSIDE COUNTY Rh CONS. Exr. Nov. 15, 2013 (seal) PROFESSIONAL NOTARY ASSOCIATION OF AMERICA V2009.2 Premium incivaea in price Bond No. 70979068 of performance bond. SECTION 1320 PAYMENT BOND V KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on August 3, 2010, awarded to Victor Concrete, hereinafter designated as the Principal, a Contract for City Project No. 2009-19, Village Area Sidewalk Infill Improvements. WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, andwestern Surety company, as Surety, are held and firmly bound unto the City in the just and full amount of One Hundred and Seven Thousand, Nine Hundred and Ninety One dollars and fifty cents ($107,991.50) 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 attorneys 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 2,945 of the Civil Code of the State of California. Payment Bond 1320-1 Bond No 70979068 IN WITNESS WHEREOF, the Principal and Surety have executed thisthis 1 3th instrument undday er their August 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. Victor Granillo dba Victor Concrete Principal (Seal) Signature for Principal Victor Granillo Title of Signatory, Proprietor Western urety Company Surety r r (Seal) -.Signature for Surety Blake A Pfister, Attorney in Fact Title of Signatory 101 S Phillips Ave Sioux Falls, SD 57192 Address of Surety (800) 331-6053 Phone # of Surety Dan Lund Contact Person for Surety 1320-2 Payment Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On August 13, 2010 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s1 of Sienerfs'1 Pa -, y. LIANN H'NA COmmISSlon # 1767633 Notary Public • California z ,V r1 Orange County F"iy'Comm.2Vrei3 Sep 14.2011 who proved to me on the basis of satisfactory evidence to be the persons whose name(#) is/g subscribed to the within instrument and acknowledged to me that he/aMmil y executed the same: in his/NaaMiiii authorized capacity(M), and that by his/1#Illl-1 signature/#) on the instrument the personk*), 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 an official seal. Signature Place Notary Seal Above gnatur f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond No 70979068 Document Date: August 13, 2010 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A ❑ Individual Pfister ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representin Wes] Suret Compan of thumb here Number of Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary org Item 45907 Reorder: Call Toll -Free 1-800-876.6827 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70979068 Know All Men By These Presents, that WESTERN S[JRETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal "office in Sioux Falls, South Dakota (the 'Company"), does by these presents make, constitute and appoint B1AKE A PFISTER its true and lawful attorney(s)-m-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Victor Granillo dba Victor Concrete Obligee: City of La Quinta Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretory, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of December 30 , 2010 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and itsft CO (paeal to be affixed this _ 13th day of AUQu9t 2010 "r`� s rC�''�, WEST R �SURE COMPANY a `�,C Paul T. BrufflaUPSemor Vice President 9T A 99 COT l( On this 13th day of August in the year 2010 ,before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. """r"`"""' .""" s a e D D. KRELL MOONIY PUBLJCVotary Pnbhc - South Dakota ldRM MAN= My Convn ssion Fires November 30. 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 13th day of August , 2010 . WEST R STJRE'�r COMPANY Paul T. B xufl 'ox Vice President Form F53MO-2008 CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Riverside } SS. On 08/15/2010 before me, Snndra ^mhWa-Notary Puhli . (Insert name and title of the officer) personally appeared V IV J V I V1 vV 1" I fv who proved to me on the basis of satisfactory evidence to be the personal whose name(a) isfare subscribed to the within instrument and acknowledged to me that hekAe4hey executed the same in hisfhei:Aheiauthorized capacity(ies), and that by hisfherlih& signatures) on the instrument the person(o, or the entity upon behalf of which the person(e) 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. �W SANDRA ARECHIGA �TCAOMM.MLIC ONNA 1571309 N RNERSME CWMN Mr CowN. Ecr. Nov. 15, t017 (seal) PROFESSIONAL NOTARY ASSOCIATION OF AMERICA V2009.2 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." Agnature SNP r. K.P Title Date Workers Compensation Insurance Certificate 13341 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or deflective 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 Liability and Insurance Requirements 1340. 1 to by an Indemnified Party. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined 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. Liability and Insurance Requirements 1340 - 2 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. 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 Liability and Insurance Requirements 1340.3 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. 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 $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agree as follows: Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of City to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required hereini, 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 Liability and Insurance Requirements 1340 - 4 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. 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 Liability and Insurance Requirements 1340 - 5 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. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If contractor's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the contractor, which may include reduction or elimination of the deductible or self - insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement. 14. Contractor acknowledges and agrees that any actuail 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 Liability and Insurance Requirements 1340. 6 coverage provided pursuant to these requirements is, subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19.All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that: is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 20. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21.Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers working on this project through Contractor. City shall determine the liability limit. 2.6 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: Thomas P. Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Liability and Insurance Requirements 1340 - 7 Policy Number: Ak'm g41'to Date Entered: 8 /13 /2010 ACOR" CERTIFICATE OF LIABILITY INSURANCE �/ DATE IM WODY YY) 8 13 2010 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 SHW Insurance Ser'rices, Inc. 3138 Roosevelt Street, Suite L Carlsbad, CA 92008 CONTACT NAME: PxeONEN (888)654-6565 uc A., (888)641-3922 E-MAIL ADDRESS: PRODUCER CUSTOMER to INSURER(S) AFFORDING COVERAGE NAIC 0 INSURED INSURER A: Navigators Insurance Company Victor Concrete INSURER BState Fund INSURER C: National Union Fire Company of Pittsburg — Mr Victor Granillo INSURER 0: 6135 Barcelona Ave Riverside, CA 92509 INSURER E : —f INSURER F : CnvFRar_FS CFRTIFICATF NIIMRFR- 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 PAIL) CLAIMS. ILTp TYPE OF INSURANCE �AOD�SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $1, 000 000 A �. COMMERCIAL GENERAL LIABILITY 04-10072044 1/15/2010 1/15/2011 DAMAGE TO RENTED PREMISE4 (Ea_awlraBR) $50 000 GIAIMSMA DE ❑ OCCUR MED EXP (Anyone person) $ 5, 000 PERSONAL BADVINJURV $1,000,0GO GENERALAGGREGATE $2, 0010_,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG Is 2, 000� 000 $ POLICY PRO tAC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident $ ANYAUTO BODILY INJURY Werpersan) I $ ALL OWNED AUTOS BODILY INJURY(Per ecciumm) Y PROPERTY DAMAGE $ SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS (PeramdenU IS Is `. LIUMBRELLA LIAR OCCUR EACH OCCURRENCE $2 000,000 AGGREGATE s2,00G 000 (EXCESS LUIB CLAIMS-MAOE EBU015469348 8/13/2010 8/13/2011 DEDUCTIBLE $ $ RETENTION E B WORKERS COMPENSATION AND EMPLOYER.' DABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICERIMEMBER EXOWOEOi (Mandatory In NH) NIA 1944895-2010 8/1/2010 8/1/2011 WC STATU- OTH- - LIMITS ER E. L. EACH ACCIDENT y OOO OOO E. L. DISEASE - EA EMPLOVEE:S1,G00 �00_ ISEASE - POLICY LIMIT $1 000 OGG If yes, descnbe under DESCRIPTIONOFOPERATIONSh.Ime I DESCRIPTION OF OPERATIONS I LOCATB)NSI VEHICLES (Adach ACORD 101, Additional Remarks Schedule, If more space is required) Concrete Project: Village Area Sidewalk Infill Improvements City Project No. 2009-19 The City of La Quints, its officials, employees and agents are named as additional insured per attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of La Quinta THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 78-495 Calls Tampico ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Peach La Quints, CA 92253 ©19188.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ProducedmirM Forms Boss Pius soRwme.yeeNe FmnaSom comlmplessivePublishing SOO218-1917 08/16/2010 09:28 9513403568 STATE FARM ,,I� PAGE 03/03 08/10/2010 09:19 9513403568 STATE FARM-tv- PAGE 02/03 B -00 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that; ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois [] STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has anveraoe in force for the followin0 Named Insured as shown below: NAMED INSURED: GRANILLO, VICTOR ADDRESSOF NAMED INSURED: 6135 BARCELONA AVE., RIVERSIDE CA 92509-1726 POLICY NUMBER 3oa 3758-0O2-79 324 26011-A17-75 EFFECTIVE DATE 09-02-10 01-13-ID OF POLICY 09-02-11 07-13-11 DESCRIPTIONOF VIPs FORD VINtl EN/L Auto VEHICLE (IncludinaVIN) 1PD%F96R40EA.56074 LIABILITY COVERAGE ® YES ❑ NO ® YES Ej NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a. Bodily Irqury Each Person Each Aceldent 1,. Property Damage Each Aeddent c. Bodily Injury & Property Damage Single Limit Each Accident S1,000.000.00 1,000 000.00 PHYSICAL DAMAGE COVERAGES ® YES ❑ NO ❑ YES ❑ NO ❑ 'YES ❑ NO ❑ YES ❑ NO a. Com robontdve $ 1000 Deductible $ Deductible $ Deductible $ Deductible 0 YES ❑ NO ❑ YEB ❑ NO ❑ YES ❑ NO [] YES ❑ NO b. Collision $ L000 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS NON -OWNED CAR LIABILfrY cOVERADE ovERAoE YES ❑ NO ❑ YES ElNO [I YES (INO ❑ YES [INO HIRED urrY ® YES ❑ NO ❑ YES ❑ NO ❑ Y'ES ❑ NO ❑ YES ❑ NO FLEET-COVEAAOE FDR VEH ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO MorOaR CIE RDDITIONAL INSURED: City Of La Qu?nta R.O. Box 1704 La Qulnte, ca 92247 INTERNAL STATE FARM 122429.3 Rev.dr-ZWDW 1411 S. RIMPAU i%VE. SUITE 115 CORONA, CA 92e79 Request itsrmanentce liicetsdfInsuranceforliabilitycoverage. Request certificate Holder to bo added as an Additional Insured, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 Policy Number: 04-10106919 Endorsement Effective: 8/12/2010 Named Insured Countersigned By: VICTOR GRANILLO ,pp G �r"� DBA: VICTOR CONCRETE ✓� Name of Person or Organization: CITY OF LA QUINTA, ITS OFFICIALS, EMPLOYEES AND AGENTS 78-495 CALLE TAMPICO LA QUINTA, CA, 92253 Location: LOCATED THROUGHOUT THE CITY OF LA QUINTA, CA 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. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for irjury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF-ES 160 (5/2006) :9111►Y 1 MM" Tww 4 lwQ" Sheet t of 3 Village Area Sidewalk Infill Improvements PROJECT NO. 2009-19 CONTRACTOR: Victor Concrete 6135 Barcelona Ave. Riverside, Ca. 92509 CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for an adjustment between the Bid Quantities and the Actual Quantities Installed. Total $ 12,720.00' This Contract Change Order also allows for the upgrade of Verizon Vault box lids to traffic rated. Total $ 808.02 Original Contract Amount $ 107,991.50 Add This Change Order No. 1 $ 13,528.02 Revised Contract Total $ 121,519.52 By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The revised contract completion date shall be: 11/16/10 Submitted By: Ia FYI / "�� Approved We, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, If this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, andperform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted B Contractor y: O�111feAi1 1- 1,41 Title: Date: D - ( - 10 LTNGINEERING SERVICES DIVISION(CIP)\PROIeCTS\_CONSTRUCTION 009-19 VILLAGE AREA SIDEWALK INFILL\CONSTRUCTIOMPROGRESS PAYMENTS&Cx)S\CCO #1 DOC VICTOR CONCRETE CHANGE ORDER/ EXTRA WORK JOB NO. CHANGE ORDER NO. 02 DATE: DECEMBER 1, 2010 TO: LA QUINTA ATTN: LEONARD ST. SAUVER 78-495 CALLE TAMPICO P.O. BOX 1504 LA QUINTA, CA 92253 PHONE: 760.777.7000 FAX: 760.777.7101 PROJECT: 2009-19 JOB ADDRESS: VARIOUS LOCATIONS LIST OF CHANGES IN DETAIL: 1) MODIFY EXSISTING VERIZON BOXES, CHANGING TO TRAFFIC GRADE BOXES. TOTAL OF 4 $ 808.02 TOTAL PRICE $ 808.02 THE WORK COVERD BY THIS ORDER SHALL BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS THAT INCLUDED IN THE ORGINAL CONTRACT. THE ABOVE WORK IS TO BE BILLED AT ACTUAL COST OF LABOR AND MATERIALS. THE ABOVE WORK TO BE COMPLETED FOR THE SUM OF EIGHT HUNDRED AND TWO DOLLARS&02/100. VICTOR CONCRETE PER: VICTOR GRANILLO. PLEASE SIGN, DATE, AND FAX THIS FOR TO VC OFFICE @ 951-686-4020 SIGN: DATE: PRINT NAME: CITY OF LA QUINTA Village Sidewalk Will Improvements Project No. 2009-19 Final Quari ft Adjustment Comparison Base Bid Area No. 1 Adual Qua. Installed Bid Amount Item No. I Description Uns Bid Qty, Unit Pros Quantity New Total UnR Price Eriended Price Cost Difference 1 MobRi]atlon LS 1 $5 000.00 1 $5 000.00 $5 OW.00 $5 000.00 $0.00 2 Traffic Control LS 1 $2,000.00 1 $2 000.00 $2 OW.00 $2,000.00 50.00 3 Den Control LS 1 $1,500.W 1 $1500.00 $15W.W $150D.00 $0.00 4 Saweut Exist Pee. SW X-Gutter LF 66 $5.00 66 $330.00 $&00 $330.00 $0.00 5 Remove Exist PCC Sw or SF 2,020 $0.50 2,020 $1,010.00 $0.50 $1 010.00 $0.00 8 JSaw Cut Exist AC LF 130 $0.50 130 $65.00 $0.50 $6.5.W $0.00 7 Remove Exist AC SF 125 $0.50 125 $62.50 $0.50 $62.50 $0.00 6 Remove & Relocate Existing S'M EA 7 $40.00 7 $280.00 $40.00 $280.00 $0.00 9 Remove& Relocate Existing Veg EA 10 $50.00 10 $600M $50.00 $SW.W $0.00 10 Saweut Ext Curb Face LF 7$ $0.50 78 $39.W $0.50 $39.00 $0.00 11 Remave & Reconstruct Access Ramp STD 250A EA 2 $3 200.00 2 $6 400.00 $3,200.00 $6,400.00 $0.00 12 Construct 4• PCC Sidewalk SF 12570 $4.50 13210 $59445.00 $4.50 $58565.00 $2,880.W 13 Construct PCC De reseed DHycay EA 7 $T 400.00 9 $21 600.00 $2 400.00 $18 800.00 $4,800.00 14 Corsomet PCC Partially De,,msad Driveway EA 3 $2300.00 4 $9200.00 $23W.00 $61900.W $2300.00 15 Commet Curb Ram EA 4 32 0W.W 5 $10 000.00 $2,000.00 $8 000.00 $2,000.00 16 Denali Truncated Domes EA 8 $250.W 8 $2DW.W $250.150 $2,000.00 $D.W 17 Relocate Existing Mailbox EA 2 $100.00 10 $1 WO.00 $1 .W $200.00 $800.00 18 Cananma Privet. Drum Thou Curb LF 6 $10.00 0 $0.00 $10.W $60.00 460.W 19 Aduat to Grade Exist Otili Box EA 7 340.00 7 $280.00 $40.00 $280.00 $0.00 Total 5720 711.50 $107 291.50 $12 720.0 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P 0 Box 1504 La Quinta, CA 92247 DOC # 2010-0621442 12/28/2010 04:24P Fee:NC Page 1 of 2 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111 I11111III1IIII11111IIIII1It11Ilill111111 S R U PAGE SIZE I DA MISC LONG I RFD I COPY M A L 466 426 PCOR NCOR SMF CH EXAM UNI 0940 a ,a! - T: CTY Sl--. , ..ovvc run ncl VnU[H'5 U5t UNLY NOTICE OF COMPLETION Village Area Sidewalk Infill Improvements, Project No. 2009-19 Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (S3.00 Additional Recording Fee Applies) 0 T PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, CIVIC, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P. O. Box 1504 La Quinta, CA 92247-1504 SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of La Quinta is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. That the nature of the life of the stated owner, or if more than one owner, then of the stated owner and co -owners is: In Fee. 4. That on the 21st day of December, 2010, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: Village Area Sidewalk Infill Improvements, Project No. 2009-19 6. The name of the contractor for said work of improvement was: Victor Concrete 7. The property on which said public work of improvement was completed is in the City of La Quinta, County of Riverside, State of California, and is described as follows: Various streets within the Village Area bounded by Calle Tampico on the north, Eisenhower Drive on the west, Avenida Montezuma on the south, and Avenida Bermudas on the east. DATED: December 22, 2010 CITY F LA QUINTA, CALIFORNIA BY: TITLE: py Clerk STATE OF CALIFORNIA 1 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 periury that the foregoinq is true and correct. Executed at La Quinta, California. c VERONICA J ONTECINO, City Clerk City of La uinta, California