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Pro Tech Engineering/Eisenhower-Tampico Signal Interconnect 11SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Pro Tech Engineering, Corp., 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 Eisenhower Signal Interconnect, City Project No. 2009-22, Federal Aid Project No. CIVIL 5433(011), in the City of La Quinta, California pursuant to the Invitation to Bid, dated October 27, 2010 the project Specifications, and Contractor's Bid, dated December 1, 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 Two Hundred and Thirty Five Thousand, Six Hundred and Fifty Six Dollars and Zero Cents ($235,656.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. 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 ProjectConsultants, 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 1300-7 Contract 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 Contract 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 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. 1300-2 Contract i 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, at 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. 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. 1300-3 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. 7300-4 Contract below. IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated Dated: "CITY" CITY OF LA QUINTA a(C/al/if�o�rnia municipal corporatioril ` Thomas P. Genovese, City Manager ATTE Dated: 6�1&, /Z Veronica J. M tecino, CMC, City Clerk APPROVEiey S TO FORM: City Atto Dated: 2 — ,), — J j 11 "CONTRACTOR" (If corporation, affix seal) Dated: I ($ Name: aI,lloG print name Address: street address Dated: print name Address: street address By: O,iw r signature " Title:�I cite state zip By: signature Title: state zip code contract 1300-5 THE FINAL PREMIUM 4 SECTION 1310 PREDICATED ON THI FINAL CONTRACT PRICE FAITHFUL PEttFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. CTR-3000323 Premium: $4,535.00 (] of 2 Originals) THAT the City of La Quints, a municipal corporation, hereinafter designated the City, has, on January 4, 2011, ,awarded to Pro Tech Engineering, Corp*, hereinafter. designated as the Principal, a Contract for Eisenhower Signal Interconnect, City Project No. 2009-22, Federal Aid Project No. CML 5433(011), and: * oration dba Pro Tech Electric WHEREAS, said Principal isrequired under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and Aegis Security Insurance Company , as Surety, are 'held and firmly 'bound unto the City in the just and full amount of Two Hundred and Thirty Five Thousand, Six Hundred and Fifty Six Dollars and Zero dents ($235,656,00) 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 Suretyr 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 2846 of, the Civil Code of the State.of California. Fafrhfal Performance Bond r310-r A IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this loth day of January 2011, 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. Pro Tech Engineering Corporation dba Pro Tech Electric (Seal) Principal _ . SignkuWMr Principal •Title ;of, Signatory Aegis Security Insurance Company -(SeAll- ? %� - Signature for- SC Attorney -In -Fact, Matthew R. Dobyns Title of Signatory P.O. Box 350, Hartland, WI '53029-0350 Address of Surety 312=V718-0670 Phone # of Surety; Steve Cade i Contact Person For Surety z .Fefrhful Performance Solid 1370.2 FOND NUMBER CTR-3000323 AEGIS SECURITY INSURANCE CONIPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY does hereby make, constitute and appoint: Matthew R. Dobyns its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf surety bonds, undertaking and other instruments of similar nature as follows: $2.5 Million This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved, That the President, any Vice President, the Secretary and any Assistant Secretary appointed for that purpose by the officer in :charge of surety operations shall each have authority to appoint individuals as Attorneyin-Fact or under other appropriate titles with r authority to execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in the course ofits business. .On any instrument making or evidencing such an appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal or facsimile thereof may by imposed or fixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." "Resolved, That the signature of each of the following officers; President, Vice President, any Assistant Vice President, any Secretary or - Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, - appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached.® IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by its President this 30th day of January, 2008. Commonwealth of Pennsylvania } } s.s.: Harrisburg County of Dauphin } AEGIS SECURITY INSURANCE COMPANY BY �y tNSUq� ti DARLEEN J. FRITZ of 1977 0 President On this 30th day of January, 2008, before me personally came Darleen J. Fritz to me known, who being by me duly sworn, did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY, the corporation described herein and which executed the - above instrument; that she knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that she signedhername thereto by like order. 4vGGAON `4 ¢ OF S Pt ' REBECCA LIDDICK •I'� �'O Notary Public o My Commission Expires July 25, 2013 rlpy P I, the undersigned, Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pennsylvania corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania, dated this 1 Cth day of >Jariuery 2011 05PelutE7 R� DEBORAH A. GOOD - u ' no Secretary . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA Of On MU "A k before me ERIKA GUIDO NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the personw whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sMe/they executed the same in his/hef/t-heir authorized capacity (ies), and that by his/bef/theif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of ERI IDOn California that the foregoing paragraph is true and correct. COMM.11 ig43737 TARyPUBUCCALIFORNIA p WITNESS ,... m my hind and official seal. ORANGE COUNTY "u' / l .- nims Mav 5.2013 1[ r—\ 'ice /1 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bond No. CTR-3000323 Premium: included on Performance Bond. SECTION 1320 (.1 of 2 Originals) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City df La Quints, a municipal corporation, hereinafter designated the City, has, onJan.4tP201101 awarded io Pro tech Engineering, Corp *, hereinafter designated as the Principal, a Contract for Eisenhower Signal Interoonnect, City Project No. 2009-22, Federal Aid .Project No. CML 5433(011). * oration dba Pro Tech Electric 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: Com an NOW, THEREFORE, .we, the Principal, and Aegis Security Insurance P , .�'s Surety, are held and firmly bound unto the. City in the just and full amount of Two Hundred and Thirty Five Thousand, Six Hundred. and Fifty Six Dollars and zero Cents' ($235,666.00) 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 dther 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 Celifornia'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 $181 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, slteration; or addition to the. terms of the contract or to the work or to the specifications. Said Surety hereby' waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Payment Bond 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this loth day of January , 2011, 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. Pro Tech Engineering Corporation dba'Pro Tech Electric Principal (Sean_.__ _ Signatuhl�r Principal Title of Signatory -, Aegis Security Insurance Company Surety (See a !) - A/ Signature for S ety Attorney -In -Fact, Matthew R. Dobyns Title of Signatory P.O. Box 350, Hartland, WI 53029-0350 Address of Surety 312-718-0670 Phone # of Surety Steve Cade Contact Person For Surety Psyment Bond 1320.2 BOND NUMBER CTR-3000323 dantiacr s 2011 AEGIS SECURITY INSURANCE CONIPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY does hereby make, constitute and appoint: Matthew R. Dobyns its true and lawful Attomey-in-Fact, to make, execute and deliver on its behalf surety bonds, undertaking and other instruments of similar nature as follows: $2.5 Million This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved, That the President, any Vice President, the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney -in -Fact or under other appropriate titles with . authority to execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such an appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal or facsimile thereof may by imposed or fixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." "Resolved, That the signature of each of the following officers; President, Vice President, any Assistant Vice President, any Secretary or - . Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, _ - appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached.@ IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by its President this 30th day of January, 2008. Commonwealth of Pennsylvania } } s.s.: Harrisburg County of Dauphin } AEGIS SECURITY INSURANCE COMPANY BY 1kWSUq, ti J�dpturt cR+ DARLEEN J. FRITZ W 1977 n 0 President On this 30th day of January, 2008, before me personally came Darlem J. Fritz to me known, who being by me duly swom, did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that she knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. W CF�z' REBECCA LIDDICK Notary Public or1gY P My Commission Expires July 25, 2013 I, the undersigned, Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pennsylvania corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania, dated this 10th'day of DEBORAH A. GOOD Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA of On WWO U 1 1 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theif authorized capacity (ies), and that by his/her/theif signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. _ � �, I certify under PENALTY OF PERJURY under the laws of the State of ERIKA QUIDOCalifornia that the foregoing paragraph is true and correct. COMM. A 1843731 +oTnO E� r1w N WITNESS my Fj�nd and official seal. TY OWIN mmm. expires WM 5.2013 / I n (—*IV, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 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." i Title I /I ?, I Date Workers' Compensation Insurance Certiricate 1330-1 1.0 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub - subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5)• Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this 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 Contract 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 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 1340-1 Liability & insurance Requirements 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. 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 Contract 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 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. 7340-2 Liability & Insurance Requirements 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 (Any Auto) or the 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 for liability not covered by primary but covered by the umbrella. Self -insured retentions are not permissible. 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: 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 or equivalent. 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 Contract 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 Contract, to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Contract 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. 1340-3 Liability & Insurance Requirements 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 Contract (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 Contract involving City in relation to the project(s) contemplated by this Contract 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. 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 Contract. 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 involved with the project contemplated by this Contract to do likewise. 9. It is acknowledged by the parties of this Contract 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. 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 Contract 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 Contract. Liability & Insurance Requirements 1340-4 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 Contract. This obligation applies whether or not the Contract 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 Contract 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 Contract 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 Contract 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 Contract. 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 Quints P.O. Box 1504 La Quints, CA 92247 1340-5 Liabirty &insurance Requirements FEB-I4-ZOMMON) M az PAC RE5 CYPRE55 BRANCH VW71 A2525T56 F. UuIffuue aco� CERTIFICATE OF LIABILITY INSURANCE oari"®rii THIS CERTIFICATE IS ISSUED AS A MATTER OF WFOREPINION ONLY AND'CONFER9 NO IUM14TS UPON THE CERTIFICATE rIDLDEH, THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATMELY AMEND, E7Q7ND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BEUOW. TM CERTIFICATE OF InURANCE DOES NOT CONSTTTUTE A CONTRACT DEiW®'1 THE 19BUDAG WSURI ICU( AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOWMIL IMPORTANT, R dtd 40HIMila kidder [son ADDITIONAL INSURED, 04 po"Ims) must6a anddtaed. H SUOROriATWN tS WA YED, AUeleet to the terms and conditions of the pdky, Canada Policies may roquko an ondorsoment. A atamltratt ee this cartifkate does net carrier rights to the Starlane Insurance Agency, Im 1351 POMONA ROAD ST'99M CORONA, CA 92M PROTECH ENGINEERING, OORP 3635 E, COAST HIGHWAY A326 CORONA DEL MAR, CA ON25 T1'IL9 IS TO CE RTIFY THAT THE POUCIes OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE M9URM NAAa3O ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY POTTAWT THE INSURANCE AFFORDED BY THE POLICIES DESCRISEID H6REJ IS SUBJECT TO ALL THE TERNS, EXCLUSIONS AND CONDITICNB OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TMOPPINURANIE L PM=Numm PI 11yMli9 A dEIEPALLMBIIJTY Llj Lj 1800002M 001/20t0 O"HI M4 IIRRIOCO F._ s2,000,000 3 LGENUM IJAMUTY aaxY:AMDE ❑DOCUA �46✓ 1014 . EEaglecaI 00009 NndPJa' ,5,000 _ymwPNaon PERSONALAADV INJURY a 100.000 COCULAOOAEQATE , 4,O0QADQ AGGREGATC LRafA PER; PRODUM-COWWA00 11,000,000 ✓ It 9 AU01110eI1-2LIARILMY. ✓ CCrieR3200264.00 UP1212010 OLK212011 " s 2,000,000 a ANVAUm BOUILY DUUPY IPm peroA) OpdLY MAIM IPXIIe:InAAI a U scmw KMMAUTOS N0 A�EO APR CAN , ' • 1000 s 1R16AAw1uA6 OUR EAOms OOD EICE a AD CRE a IXDBS WB o s N10"rRe CCdPENSATIDN Lj AND MAP104301'{AM{7Y IN PXArNEW �RwECUbw? Man NIA tLlwm DEW 1 a EL CRMASS-F EMPLOY a GL OM'EASE-PCLICY Let S aeealaeu,der S p P5s0alvnoN aF CPEMTIelY9 rL0GT1aNSlVpICIPfi IAesn ACaPa fallAPaI11aIP11 rameM Ser.dulaa nwm APAee PreRMwal project ETaerhower DNYa and Calk Tamlco algnat liftmonrled proloet No.2WB-22 l . fly-.ae:.T�4 i-sR �T� .b'iae•YJ'd. CITY OF MIA QUINTA SHOULD ANYOF THE ABOVE DSCM690 POLICIES BS CANCELLED BEFORE • PO B� 4 THE E:IPIRATION DATE THEREOF, NOTICE V" BE DELIVMRpp IN LA Q A, CAUFO§MA 22247-1604 ACOOROANCE WTIH THE PCIUdY PROVMCNB 78-495 CALLE TAM CO aVfNORaEDAEPprseRrATl1e ' LA QUINTA, CALIFORNtA,92253 TARLANEINSURANCE ® 79UDY1DT0 AGOIW c,UNPOHarIf]N. AlI ngtltD rosomm, ACORD 25 (20101") The ACORD Dante and logo are registered marks of ACORD PreAy¢vq aeeprawx sour nAD eaman. wwM,rhwe9waeePDOamlprhn PnNINMp „0.2MneT/ P II Numtfe .1 1 D cy r. ' Date re . .a✓ CERTIFICATE OF LIABILITY INSURANCE °"E(WnDI3N"r 7t9S 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(£), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the eedlficate holder is an ADDITIONAL INSURED, the policy(leE) must be endorsed. H SUBROGATION IS WANED, 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 ceRlRcato holder in lieu of such andorsement(s). PRODUCER A4'UAN ACT David Levey insurance Agency 30 cONi. s,M. (016)652-2705 I, p�P); 7 Le LMAIL (916)652-270 oniaia, CA 95650 david@lavoyinsurance.com INOURER(eI AFFCR.DINGCOVCRAGE NAICe INSURED Caatlapoint National TAACrP.nce C Pro Each Engineering Corporation 1NB° A' -- -. _ °R� 0l.3-4--._ M 9: chEletc dlea 12r0 oast HPIT #325 NeURER Ce 3535 £Coast tRPY #325 INSURERD• Corona Dal Mar, CA 92625 - INSURER E- ' INM/AER : -... ... COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS M TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE REEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY RMUIREMENT. TERM OR CDNORION OF ANY OOrJTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATES BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED M LTR EOLICjEB q B(9ED IIENEIN Nt SDI jC,C7 At TYPE CF INSURANCE NB..DE, .... . ANp !Xc MUICYNUMBER 1M1AY 1.00NDB CYEI:E Po�u°YExP.3 SNOV.M_N�tlAVIF..PEEK2sDUCE° bY-eVD-qL6KS— LI OENERALLIAINLITT EACHOOOURRENOE S PgEMISE3 (i. ,,n� NUU)EXP An GM Pin) _ t _ 5 COMMERCIAL GENERAL LIABILNY CIAW&MADEOCCUR PEgSONALA ADV INJURY S - GENERAL AGGREGATE, S DEML AGGREGATE UMITAPPLIEE P6p: PRODUCTS, COMPIOP AGO S POLICY PRO LOC -. _ •..•-_ ►UTOWSAF LIABILITY COMBINED SINOLE LIMIT Ito auMAm) S _- ANY AUTO DODILYINJURY(PNperlmnl -- = ALL OWNED AUTOS ....— A .-. '—... BOdLYIWURY(PhacUdan) SCMEDULEDAVTOS HIREDAUTOS PROPERTY DAMAGE (P.roodeml - i N0N.01AINEDAVTO11 UMBRELLA LMD OCCUR EACH OCCURRENCE r _ AGGREGATE- t -. .._ EXCESS LIM CLAIMS -MADE DEDUCTIBLE .. ..-.. s -_ .. S RETENTION a A WORKORSCGMPENEAIIDN AND CAPLOYERIV LIABILITY YIN A. ANY PrrCPR1ETOR?ARMER)EXECUTNII a 41MMO�EERRP=DEDT ® f 1 OFyIF1 4erdlbvinaar OEidRIPT10 DF OFF-MTONS bale« NIA prgpLlCNgC30501702 1/18/2011 1/18/2012 WC8TAT4 OTH- S E E.L 6ACH ACOIOENL E.L. OISEAe[•En EMPLOYEE EL DI9EASF-POLICY LIMIT 51,, 000�000 s1, 000, 000 S O O DESCRIPTIONOFGPa ONSILCCAnDNB?WtilCLEe(ARPcAACORO TH1, AcmllrnU ROYMAF BanPBgfe.Hmero aprcAamqulro4l VCrl 11fIVN 1 C 1.1 VLYCR VHnV CLAAI IV N City of La Quints SHOULD ANY OF THE ABOVU DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 495 Calla TW*Loo ACCORDANCE WITH TM9 POLICY PROVISI La quints, CA 92253 AIITHORCED REPFEAAIJTATNE ��-' Ll•.y 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (20091Da) The ACORD name and logo are registered marks of ACORD PrcElrrEloM FvnrN Bmll PAn falMDm.vvwv.FnmsBesf.eamlmprreeNePudlaNnB BDD2B&tB4T This Endorsement form is required in addition to the Certificate of Insurance. These are two separate documents . Policy Number:160H003343 Effective Date:04/01/2010 Expiration Date: 04/01/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADITIONAL INSURED- DESIGNATED PERSON OR ORGANI7ATION CG 20 26 07 04 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL IdABIL,ITY COVERAGE PART: SCHEDULE Name of Person or Organization: City of La Quinta 495 Calle Tampico La Quinta, CA 92253 Name of Additional Insured Person(s) or Organization(s): City of La Quinta, its officers, officials, employees, agents and volunteers. W130 rS AN rNMED (Section II) is amended to inelude a$ an insured the person or organization shown in the Schedule, but only with respect to liability for "bodily injury of "prope prty damage" caused in whole or in part, by your acts or omissions; or the acts or omissions of acting on your behalf; in the performance ofyour ongoing Operations or in connection with Your remises owned nod b by or rented to you. Sheet 1 of 3 CONTRACT: Eisenhower Drive Signal Interconnect PROJECT NO. 2009-22 CONTRACTOR: Pro Tech Engineering Corp. CONTRACT CHANGE ORDER NO.1 Pursuant to the terns 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 installation of conduit to the revised Verizon Point of Connection. Total 3,945.7 This Contract Change Order allows for additional potholing of Utilities not indicated on the project location diagram. Total $ 36.300.00 This Contract Change Order allows for a Contract Quantity Adjustment between Bid Quantities and Actual Quantities. Total $ 10.794.00 Original Contract Amount $ 235,656.00 Add This Change Order No. I S 51,039.76 Revised Contract Total $ 286,695.76 By reason of this contract change order the timeof completion is adjusted as follows: -23- working days added to contract time. The revised contract completion date shall be: 07/01/11 Submitted Approved we, the undersigned Contractor, haregivea careful consideration to the changepmposed and hereby agree, if this proposal a 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 w full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted Contractor: inn �S/'f/ 4AZCZ=z,.,t6T Date; T:IENOrNEERINO SERVICES INWSION(CIP)\PROrEMSV OONSTRUCnON000 nEISENHOWE.RMYE SIGNAL. INTMW0NhB.CIK.'ONSTRUCT1 N ROORESS PAYMENTS& ccawcoelDoc - PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: CITY CLERK DEPT P 0 Box 1504 La Quinta, CA 92247 DOC # 2011-0471691 10/26/2011 08:00p Fee:NC Page 1 of 2 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111111 S R U I PAGE I SIZE DA MISC RFD COPY qLONG M NL A L C C-C-- 465 426 PCOR NCORNCHG T: CTY UNI exnnn 3 M SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION ,I MI City Project 2009-22 !.__J Contractor: Pro Tech Engineering Corp. 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: City Clerk Department P. 0. Box 1504 La Quinta, CA 92247-1504 SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of La Quinta is authorized and directed to execute, on behalf of said - -- - --- -- - — City, any and.all Notices of--- Compl-etion. 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 201" day of September 2011, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: Construction of the Eisenhower Drive and Calle Tampico Signal Interconnect - City Project No. 2009-22, Federal Aid Project No. CML 5433 (011). 6. The name of the contractor for said work of improvement was: Pro Tech Engineering, Corp. 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: on Eisenhower Drive between Avenida Fernando and Calle Tampico, and on Calle Tampico from Eisenhower Drive to Washington Street. DATED: September 21, 2011 CITY OF LA QUINTA, CALIFORNIA - BY: A� TITLE: De uty CA& Clerk STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE 1 I hereby certify that I am the Deputy 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. sss-"� W ` Susan Maysels, Deputy ty Clerk City of La Quinta, California