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Polar Barr Air/Senior Ctr HVAC Upgrade 12SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Polar Barr Air Conditioning, Inc., herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for City Project No. 2011-13, Senior Center HVAC Upgrade Project, in the City of La Quinta, California pursuant to the Invitation to Bid, dated March, 2012 the project Specifications, and Contractor's Bid, dated March 14, 2012 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 paces stated in the Contractor's Bid, the base consideration One Hundred and Nineteen -Thousand, Eight Hundred and Eight Dollars and Zero Cents ($119,808.00). 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 Project Contract 1300-1 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 Cyyrpa 1300-2 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 written notice to the City and shall name the City as an additional insured. Contractor shall fumish 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, of 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. conwaa - 1300-3 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. Contras 1300-4 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. Dated: Z/— Ig`11- ATTEST: Susan Maysels, Interq1 City Clerk .1CITY„ CITY OF LA QUINTA a California municipal corporation By: L_ Mark Weiss, Interim City Manager Dated: q • ZO • ;�o ( Z APPROVED AS TO FO M: Dated:—y" /t� �U i tto ey "CONTRACTOR" (If corporation, affix seal) Dated: Z % iZ By: A;2 1gna ure Name:_ _ ���� • 13 ii� Title: p>2is print name Address: ' qj CyZ- t !�GZ''!� C.Wf+f qI� I'� S P&0DES: ) I C4- 9Zz1I �.Y� street Dated: Name: print name Address: By: signature Title: street address city state zip code Contract I300-5 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: 1 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." Title 4Dat WorkIs Compensation Insurance Cerdfleate _ - 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined 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 Contractorwill be for that entire portion or percentage of liability not attributable to the active Revised 2A7A 1 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 of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. 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. R.iwd 2-17-11 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. Limits shall be no less than One Million Dollars ($1,000,000) per occurrence for all covered losses and no less than Two Million Dollars ($2,000,000) general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, Collapse or Underground Hazard(X CU). b. Products and Completed Operations. C. Pollution liability. d. Contractual liability. Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2.3 Workers' Compensation Insurance Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. 2.4 Business Auto Policy Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement maybe 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 provision providing primary coverage for liability not covered by primary but covered by the umbrella. Self -insured retentions are not permitted. 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. Re is 2-17A1 2.6 Course of Construction Course of Construction insurance shall provide "all risk" coverage forthe completed value of the project. Policies shall contain the following provisions: (1) City shall be named as loss payee; and (2) the insurer shall waive all rights of recovery against the City. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size of VI I. Contractor and City agree as follows: 1. 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 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 agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise. 3. All insurance coverage maintained or. procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractors or others providing insurance herein to waive subrogation priorto 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 Revis 2-17-11 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 written notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration of non - renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If contractor's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the contractor, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective Revised 2.17-11 until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the city, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 18. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 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, if any are working on this project through Contractor. City shall determine the. liability limit. 2.7 Channe 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: Mark Weiss, Interim City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Revis 2-17-11 Bond No. 1000907326 Premium: $3,396.00 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on March 20, 2012, awarded to Polar Barr Air Conditioning, Inc., hereinafter designated as the Principal, a Contract for Project No. 2011-13, Senior Center HVAC Upgrade Project, and: WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Company as Surety, are held and firmly bound unto the City in the just and full amount of One Hundred and Nineteen -Thousand, Eight Hundred and Eight Dollars and Zero Cents ($119,808.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,. executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall_in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. FadhfurPerfonnanu Bond 13164 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 4th day of April , 2012, 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. Polar Barr Air Conditioning, Inc. Principal (Seal) Signatu r Princip Title of Sighatory American Contractors Indemnity Company Surety �G Signatu*for, urety_ 625 The City Drive So., Suite 130, Orange, CA 92868 Address of Surety (714)740-7000 Phone # of Surety Freddy Anvari Contact Person For Surety FaWld Pnfomwn Bond 1310-2 CAL1111701tMiA State of California county of ORANGE On, Itf-4 before me, HRIS THEVENY, NOTARY PUBLIC personally appearedF —REDDY ANVARI Nanuu.) -------------------- CHRIS THEVENY Commission # 1797107 p Notary Public - California Orange County IM,,Comm res May 2 21112 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the Within instrument and acknowledged to me that lieNlelthey executed thesame in his/her/their authorized capacit ,y(ies), and that by his/her/their 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 California that at the foregoing paragraph is true and correct. WITNESS my h an icial se Mr. Nolan y .seal A� Signature, ftwturo ry PuN OP770ML" , Though the information frolow is not required by law, it may Prove valuaWo 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-fype of Document Date: Number of, I Pages:-____ Signer(s) Other Than Named Above: CaPaClty(ies) Claimed by Sigr"s) Signer's Name: Signer's Name: 11 Individual [71 Individual F1 Corporate Officer —111ile(s): ----- — Corporate Officer — Tlilie(s): 1-1 Partner —'u Limits ' d ' i-1 General, U, Partner — CI Limited f-'] General X Attorney in Fact F1❑Attorney in Fact 0 Trustee Too thumb hwe F1 *trustee op of nwma Hera F! Guardian or Conservator U , Guardian or Conservator L1, Other..._._...- D Other: Signer Is Representing: Signer Is Representing:. AMERICAN CONTRACTORS INDEMNITY COMPANY 02007 NWNOWY ArsMhvn- OM De SM Aw, PO nox 24M. QWWAtftrA 91 31&24ttt. w Na II Ills �rlll lh -Bi_ _- �_� POWER OF ATTOR IINE� II AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY oration addTJ.S. S ecial Insu B4ndln E arl;asTHESsumed PR of M ha� A� el' can Connactors indemnity Comt�y a California corporation, Texas -IENQW ALlMEN-$Y THESE P �, ��' g ntpattytI II otr tors [ndemnt[yotay Ilm��atea, Surety Company, a Maryland c3nP p ty nd Com It , T as corporation (coIfEii #Ive 3 the `Conrpames"), do by these presents make, constitute and appoint: Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvari, Carmina Johansson, or _ Mancela Lares of Orange, California its true and lawful Anomey(s) m fact, r l _ sepaiirie a aci If mor �tl� ne s a I've, with full over-=�rrd atnhoti hereby conferred in its name place aid do=r�eetutcowledge and h R�y'aEt�l I'I I6'pni�s, recogniz new, l�taftin -er other instruments or contracts i�xnr w include riders, ame len , and consents of surety, prov` -thebond penalty does not exceed *****Three Million***** Dollars (S "3,000,000.00** ) This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attomey is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be ,r7teeotved Drat die -President, any Vice-Pres en any, As�`rs t V ce 'j{'resident, any Secretary or airy AssistantSecniary shall be and is hereby vested with full power and anthorrty m appoint any one or mor s j[en pe sons as nd'ir1}+ s)-in-Fact to represEnt-end agt fercand Ra of the Company subject to the following provrshms � h. 91 Ifi - A7ornev m-Fact maybe given full power and aul i bhtyll' for and in the time of and on behalf of theCompany, to execute, acknowledge and deliver; any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any author4ndofr24r and s&l=ofdaKCompany heretofore ca,he`J'�,_°!m`�t' afµ3xe,l to' y tower of attorney or anysettifieate=retanng thereto by facsimile, and any power of attomey or cenfGt9Fearutgfassnriiie signature or fac�simrle s�a1 algal] J.klid �nd tower upon the Company_wr respect to any bond or undertaking to which it is attached III V IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of October, 2011. AMERICAN CONTRACT RS IN E NITY COMPANY TEXAS BONDING £OMPANY UNITED S' E� SURE Y O P Y U.S. SPECIALTV IA'$UBANCE COMPANY - W-AN ""SEAL I;',1-� -. Daniel P. Aguilar, Vice I re^ s eent State of California County of Los Angeles SS me— MM Qn-this 3rd day of October, 2011 befdWme 1eborah Roese a notary public; pirsd"�'a1 y applared Daniel P. Aguilar ViceTresidenYof American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the persort(s), or ttte ennty upon behalf of xyhich the p rs D abed, executed the instrument 1 cPmfy under sIA-E,TY OF PERJIYIIJI�'Y tmd�i C)te laws J the State of Cakforttaa taf -fctt otag paragraph is true and correct. - WITNESS my hand and official seal. Signature .Wd..L , ttrst- (Seal) cmmmuft f 1ffiIaE9 "WIF Wem: - cmltamm 1, Jeannie LeeM.ian I - fy I cCToaw.E an 9lmt 991E - of Attmeyexecut d bysd Companesw htchnl still in full force and effect, furthermore, �hteges a'Company Unttiat�retp� --_ Assistant rY = Indemnity p Y Texas Company Specialty par yLiereby certi that the o e a d Itrue and cortect©p oia Power resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In W I Less-Whereo&I have hereunto set my hand Corporate Seals Bond No. tOOolclO-i Agency No. 9007 i+TN Bond No. 1000907326 Premium: Included in Performance Bond SECTION 1320 KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quints, a municipal corporation, hereinafter designated the City, has, on March 20, 2012, awarded to Polar Barr Air Conditioning, Inc., hereinafter designated as the Principal, a Contract for Project No. 2011-13, Senior Center HVAC Upgrade Project, and; WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Company as Surety, are held and firmly bound unto the City in the just and full amount of One Hundred and Nineteen -Thousand, Eight Hundred and Eight Dollars and Zero Cents ($119,808.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these. presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the. Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. PoymvUBond 1 13241 IN WITNESS WHEREOF, the Principal .and Surety have executed this instrument under their seals this 4th day of April 2012, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) i46Mr Title of Signatory American Contractors Indemnity Company Surety Signature for rety Freddy Anvari, Attomey-in-Fact Title of Signatory 625 The City Drive So., Suite 130, Orange, CA 92868 Address of Surety (714)740-7000 Phone # of Freddy Anvari Contact Person For Surety ry„mraona 2320.2 CALIFORNIA State of California County of -. ORANGE On 19 -- before me, CMUS THEVENY, NOTARY PUBLIC nNe Hem lodort Nome and Title the OXlow - "- personally, appeared FREDDY ANVARI _ a of doh CHRIS THEVENY Commission # 1797107 ®... .o Notary Public - California a„ Orange County !�COMM.UPIV%MaV2,2012 who Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Are subscribed to the within instrument and acknowledged to me that he/she/theyexecuted the same in his/her/their authorized capacity(ieS), and that by his/her/their signatures) 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 California that the foregoing paragraph is true and correct. WITNESS my he official se' Puree Notary 9en1 Above. Signature, 11!bll, Signal" Of q Nil , OPTIMAL Through the information below is not required bylaw, h may prove vatuaOo fo persons relying an tho document -and could Prevent h udulant rommal and reattachment of ibis term to mother document. Description of Attached Document' Title-orType ofDocument: . BOND NO..����)�'j��?j��n Document, Date: _ ___ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's El Individual EI Individual [J' Corporate Officer—Title(s): ._� L1 Corporate Officer—Tifle(s) 177 Partner— L7 Limited Cl"General L` Farther — CT: Limited El Genaral! X Attorney in Fact ❑Attorney In Fact ❑"Trustee Top of ftodb here hustee �7 r Top nl ft, nb hwe LI 'Guardian or Conservator L Guardian' or Conservator 'El Other:..--- U Other: . Signer Is, Representing: Signer is Representing: AMERICAN CONTRACTORS INDEMINITY COWA IDZ(IaTNathW NdWyAaSOcwlwn.:.835D the5do Ave.;&O. eox 2402�CAalswohtB. CA 9h37&2A02•wwwNeeoriolNaharyoiy Item k5sm t4mnkr: Call Tdl•Preo 1-80U876�82i I _ � hull t"Ilgl IIIII�� .ry„,. II I POWER OF, ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COW ANY U.S.. SPECIALTY INISURANi,CEi,IC MPANY = KNOW ALL MEN BY THESE PRESENTS.Wha lAmoKan Contracto 0 d 1 ICo° pl pyJV a Califomla In c Bonding Company, an assumed natd rTr�"Ftiimractors Indemmtyl C in �n I, Unit�d ates Surety Company, aWIM - corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: - Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvall Carmina Johansson, or 113arloela l a es of Orange, Callfort zts�rMil" re and lawful A tbmey(s) m fat cH IIin II,, heir s a�te� apacity if mare tWilm eWnami0tabove, with full power and authority Miereby canferred'm its name, place a d te�Jtl, �p ex acknowledge acknowledge and t veFany-andfallIbmids, recognizances, under kings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.0l This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adoptedlry. th"6ardbof Directors of tIlhIIlI��e Co pa ies 'III IIIrf, Be it Resolved. that the President any Vic—cl tit, and-- saratarx Vt 4residenS any S#'yIII1 y ssr an[ Sec rY shall be and Is kErehy-ses[ed wrtIFGYI =_ power and authority to appoint any one or mrucsurtatde p€rsons as A#emey(s)-in-Fact [o repre tit and llet tr ad o be alf of the Company sutyesi ta2he Towrag . _provisions: II Allornev-in-Fact may be given full power and authority for and in the time of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability 6- ed by any such ttorney- p):�ct shall be binding upon the Company as if signed by the President and sealed mid effected - - - thereunder, andrny such instruments so executed � - y=the CorpnrateSecrefary_ Be # Besolved that till at nature of an aufi. ze o ter nd ealbF a Qom an heretofore or3tereaRer af{xed;o any power of attorney or any certificate relating thcrero by fats®iie and any power of attomeyl rr ceni catl be tmg-fac smile signature or fees tmde seal`sita}tbe�ali&'� binding upon the Company with respect to — any bond or undertaking to which it is attached. II - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of October, 2011. - AMERICAN,,C412+]TIii4€T_ IjYDEA$NITY COMPANY 7'I X S ION( I OMPANY _ UNITED _i'A'i "ujlI iiklll U.S. SPECI`�L'F�, I SV A ICE �M1ijPANY Corporate Seals _ tit►ITOU I' si < V T a�taM a�� I', f.s�mbT ���t,`+`I 1 1 Daniel P. A uilar, Vice Presl ent C-0Rniy ofiMAngJ61es SS:On this 3" day of October, 2011, before) me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved tome on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledgedtome that he executed the. same g authorized ca a sty, are thatllbyll�hij,signature on the instrument ilk—.- person(s), or the entity upon behalf tavhrchNher�rn(s mod, executed thl ml a t. �� _ , I I I certify under PENALTY OF PERJURY and t the laws of the. State of Calif to It the (foregoing paragraph Is e and -correct. T WITNESS my hand and official seal. Signature fJll�(/,d,d/t.l�r+'St— (Seal) Ieiowrill-En�r. wull - ' � k I tame). YrfR40Pi ��i _Jeanine Le€ Assistant Secretary f'I rigan,IIIICollu lNCtollls Indemnity Cdllnfidhy-Texds�I-jmdift Company, United States Surety -Company and U.S. Specialty Insurance ompary, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. [n Witness Whereof, I have hereunto et at a he seals of said Car ipaWhie ail o A geles, CalifomiaAht-_� _ of A�Q l�1d - _ . Inr t I II I'll LB T Corporate Seals 3 olmomin s0t�`E{iL Sim l Bond IVa_i�ja(p r .. j,. °"''� l sistant Secretary - Aganey N - U900V p r.,10. 2012 12: 07FM No. 8643!j., 1)'¢1, A4rGPRla _ CERTIFICATE OF LIABILITY INSURANCE'S DATEITAANDIYYYYY 4/09/2012 THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CwMFICATE 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 1881INO INSURER($), AUTHOR= REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: I Ie GI NRCab IWIdw ba an ADDITIONAL INSURED, the Po1ky0") must 0e endorsed. I SUBROGATION IS WANED, suhja¢t to are t6r1111e end e=Wftbm Of the Policy, eerbaln palkNa may require An andonemenR A abatement all this coMSCaW dam not CwW tights to the CeMlode holder In Ilan of such endorasnlaWs PRODUCER WILLIAM YOMGBLOOD INSURANCE 35-400 Bob Hope Dr. Suite 109 Rancho Mirage, CA 92270 - 760)770-2827 (760)770-Odd7 Biii@insuranamB rstore.not ffWJMMWr APP M OceaAsa om OMURM A: Mid-Cent=T Insurance Company INSURED POLRR PARR AIR CONDITIONING, INC, 41921 BEACON HILL SUITE C PALM DESERT, CA 92211 (760)346-5529 N B. bUd-Can ompmy W3.C:UCarA Quawansation xnauxance ranc INSURER 0, INSURERE: SOLDIER wV"rvWcu Icmiir•ReRICnumorm: PZV1810NNUMBER THIS Ia TO CERTIFY I NA r THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT tTHSTANDING 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE Rap m POLICY NUMBER LIMITS A GENERAL Lu6anY X COMIAERCux.OENBRAL LIMILrn CwwacE ® OCCUR Y 604396109 DB/01/2011 5/01/2012 EACH ocwmai ce Is 2 000 060 UANAGM TO mesa@ I XP vIo Is 230.000 a 5.000 s 2,000 000 rPeNoNALsAoviwuRY RAL AaasiCATE a 4,000OOOGERL ACONGATE Lear APPLIES PER POLICY = LOC UCTS - CowmP Awls 4 60O , O00 - s . B . AUTOMOBILE LNBIUTY S BOMULED HIRED AUTOS $ ALIT BWNEo Y 604396109 3/01/20L1 01/01/2012 Is 1 000 000 R:OWNED BaaarlNJURY u+Alar (Per—MM)l a X OAMAGIC a . s UMBRELLA LIMB XCESS 11 EAB OCCUR CWMB.MME , MCH OCCURRENCE a AGGREGATE a DED I I NTEWIONB s C WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y/x-Ell O ANY WOddLamO NLLF�a�Ar DES4FIPTION OP OPERATIONS Eder NIA 9007514m2012 09/26/2012 03/26/2013 X E.LEKNACaIMP a 1100010 00 El DISEASE. EA EMPLOYE i 1/000, 000 N neEABE -POLICY LIMIT a 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES UINdI ACORD 101. Addtiowl Romero Sd%dblo, If Tram pow b IequlMq 78-495 Calls Tampico & 78-450 Avenida La Fonda La Quinta CA, 92253 City of La Quinta P.O. Box 1304 La Quinta, CA 92247 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED W ACCORDANCE WITH THE POLICY PROVISIONS. 0 ACORD25(20106) The ACORD name and logo are registered marks HCr. IU. LUIL IL:UCPIVI No.8643 P. 3 EVIDENCE OF PROPERTY INSURANCE �04=212 Y' THIS EVIDENCE OF PROPERTY INSURANCE M ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FARMERS SERVICES INSURANCE AGENCY 3041 COCHRAN STREET SIMI VALLEY, CA 03065 Polar Barr AIr Condllloning Inc. 41921 Beacon Hill Suite C Palm DesaM CA 8=11 78.450 Avenida La Fonda Le Qukda, CA 92263 American Zurich Insurer= Company 04N94012 1 10/09/2012 v ER709911"D CommuEo UNTL TEAMK47ED IPCWrCNED THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION covelrAoerlaeurhaRMs AMOIaIrwlxeuNANce omu0lreLe Bu9ders Rlsk Coverage Form MEN Renovaeona and Improvement $41,026 All Covered Property at all LOcetlono $41,925 CANCELLATION SHOULD ANT OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 90 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLKUITION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNEL Anft a UAI IU PmPaw GAME AND Appease Cary of LE Quints P.O. Box is" La Quinle, CA 92247 MORTGAGES LON PAYEE X ADDmCNAL WSURED LOANa AIITNo Unit ACORD 27 (2006107) ®ACOR DRPORATTON 19934008. All rights reserved. The ACORD name and logo are registered marks CORD „u . tut i t, nrm No. 8643 P. 4 EVIDENCE OF PROPERTY INSURANCE °"'�""° oa/os/2012012 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TNF PnI.ICIFR RFI f%uu AGENCY I lu�i e. �.n• FARMERS SERVICES INSURANCE AGENCY 3041 COCHRAN STREET SIMI VALLEY, CA 93065 Polar Barr Alr CondNonlllg Inc 41921 Beacon HIII Suite c Palm Desert, CA 92211 78 495 Calla Tampico La Quints, CA 02253 Amedoan Zurich Insurance Company ER70998588 6FW,.Vl MA79 EMRATbN DATE nL 04=12012 10/09R012 MMINA720DWINUED 1F C nTaRNa147EDF CNECIQeBA 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CnUPDAGP rYEnDYA"nN CDVMAae7 GN.SI roRMa ABDuaroralauRANW ISDU=BLI Builders Riak Coverage Farm Renovations and Improvements $77,883 All Covarad Property at all Locations 577,883 OF MAIL City of Laqulnts P.O. Box 1504 La Oulnta. CA 92247 ABOVE UhUCK15EO FOUGIEB BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION KIND UPON THE INSURER, TTSAGENTS OR REPRESENTATIVES. - MORTGAGEE LOAN e ADOMONAL INSURED The ACORD name and logo are regtetaled marls Commercial Certificate of Insurance FARM E R s' Agency • WI LLIAM YOUNGBLOOD Name • 35400 Bob Hope Dr #109 Issue Date (MM/DD/YY) 04/09/2012 & • Rancho Mirage, CA 92270-2869 Address • 760-770-2827 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the St. 99 Dist, 68 Agent 373 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A Truck Insurancc Exchangc . POLAR BARR AIR CONDITIONING, Later Name • INC, company B Farmers Insurance Exchange & • 41921 BEACON HL STE C Lacer ca. C Mid -Century Insurance Company Address • PALM DESERT, CA 92211 Co Lattampany Coverages 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 arty requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. Co. Ltr. Type of Insurance Policy Number y Policy Effective Date ptntmnm l Policy Expiration Date ptatmnmi Policy Limits C General Liability 604396109 OS/0120t 1 OS/012 re to General A88012 $ 4,000,000 Products-Com/OPS p X Commercial General Aggregate $4,000,000 Liability Personal & X - Occurrence Version Advertising Injury $2,000,000 Contractual - Incidental Each Occurrence $2,000,000 Only Fire Damage (Any one fine) $250,000 Owners & Contractors Prot - Medical Expense (Any one person) $5,000 C Automobile Liability 604396109 05101 /2011 05/012012 Combined Single Limit All Owned Commercial $1,000,000 Autos X Scheduled Autos I (Per pY�nuy $ Hired Autos I Bodily Injury (Per accident) S Non -Owned Autos Garage Liability Property Damage $ Garage Aggregate $ Umbrella Liability limit $ Workers' Compensation Statutory and Each Accident s Disease -Each Employee S Employers' Liability Disease - Policy Limit $ Description of OperatlonsNehicles/Restrictions/Special items: Certificate holder is named as Additional Insured I )78-495 Calle Tampico, La Quints, CA 92253 2)78-450 Calle La Fonda, La Quints, CA 92253 Certificate Holder Cancellation City of La Quinta Should any of the above described policies be cancelled before the expiration date Name thereof, the issuing company will endeavor to mail 30 days written notice to the & P.O. Box 1504 certificate holder named to the left, but failure to mail such notice shall impose no Address La Quints, CA 92247 obligation or liability of any kind is coi6pany, its agents or representatives. Authorized Representative 56-2492 4-94 Copy Distribution: service Center copy and Agents copy .1- POLICY NUMBER: 604396109 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM. MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: j 04/09/2012 Named Insured: Polar Barr Air Conditioning, Inc. orized Re resentative SCHEDULE Name of Person(s) or Organization(s): City of La Quints, CA 92253 1)78495 Calle Tampico, La Quinta, CA 92253 2)78450 Avenida La Fonda, La Quinta, CA 92253 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ POLICY NUMBER: 604396109 BUSINESSOWNERS BP 04 48 01 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE" Name Of Person Or organization: The City of La Quinta, P.O. Box 1504, La Quinta, CA 92247 1) 78-495 Calle Tampico, La Quinta, CA 92253 2) 78-450 Avenida La Fonda, La Quinta, CA 92253 " Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Covorago Form: 4. Any person or organization shown in the Schedule Is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. BP 04 48 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 0 CONTRACT: Senior Center HVAC Upgrade Project CONTRACTOR: Polar Barr Air Conditioning, Inc. 41921 Beacon Hill, Suite C Palm Desert, Ca. 92260 CONTRACT CHANGE ORDER NO.1 Sheet 1 of 1 PROJECT NO. 2011-13 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. The contractor will furnish and install variable frequency drive controls, lighting controls and air handler controls per the submitted scope of work. This work was originally to be performed by the City. Previous Contract Amount Through Change Order No. 0 1 $119,808.00 Add This Change Order 1 $ 9,020.00 Revised Contract Total 1 $128,828.00 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: 7/10/2012 Submitted We, the undersigned Contractor, 1 provide all equipment, furnish all specified work and hereby acceW Accepted 'EVAr-EK. Clly MANA&Ek d consideration to the changeproposed and hereby agree, if this proposal is approved, that we will m all labor, except as may be noted above, and perform all services necessary to complete the above the amount shown above, which includes all direct and indirect overhead expenses for any delays. Contractor: ,������ Alt CC^�'f�� iNG � Date: el % L T:\ENGINEERING SERVICES DIVISION(CIP)WROIECTS\ CONSTRUCTION\011-❑SENIORCENTERNVACUPGRADE\CONSTROCTIONWROGRESSPAYM S&CCO'S\CCO k I.DOC Sheet I of I CONTRACT: Senior Center HVAC Upgrade Project PROJECT NO. 2011-13 CONTRACTOR: Polar Barr Air Conditioning, Inc. 41921 Beacon Hill, Suite C Palm Desert, Ca. 92260 CONTRACT CHANGE ORDER NO.2 ****************************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the followin€ described work not included in the plans and "specifications for this Contract. Unless otherwise stated all work shall conform to the terns, general conditions, and special provisions of the original Contract. ****************************************************************************************** DESCRIPTION OF CHANGE The contractor was required to pull additional thermostat wiring to make the new air conditioners work correctly and also to install CO2 sensors. This work was not part of the original scope of work. 3y 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: 7/10/2012 submitted By: Y�i / 1 Date: 7� l Z IpprovedBy Date..2%lt 201Q. Ye, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, if this proposal is approved that we will ,rovide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above pecified work, and hereby accept as f dl payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. 1,ccepted By: t���Tf2 /Q � ,VL Title: ?/Z /-LS ontractor Ctj/IQQ 7- /l ✓C, Date Z� 17- d T9 NGINEEMNG SERVICES DIVISION (Cn')WRWECTS2_CONSTRUCTIOM2011-13SEMORCENTERHVACUPGRADE\CONSTRUCnONIPROGRESSPAYMENTS&CCO'WCO 42.DOCX •1- t AIR CONDITIONING, INC. 41-921 BEACON HILL STE. C PALM DESERT, CA 92260 PH - 760-346-5529 FX - 760-346-8152 PROPOSA — - Lic. a 722201 tune 26, 2012 To: Job Name: CITY OF LA QUINTA SENIOR CENTER HVAC REMODEL NEW WIRELESS TIIERMOSTAT We herebv submit soecifications and estimates for: DUE TO LOCATION REQUREMENTS ON CO2 SENSORS, WE PROPOSE TO FOLLOW MECHANICAL ENGINEERS RECOMMENDATIONS TO INSTALL CO2 SENSOR AT EXISTING THERMOSTAT LOCATIONS IN MULTI PURPOSE ROOM WITH CONNECTIONS TO NEW AND EXISTING THERMOSTAT WIRING. WE PROPOSE TO CONTROL HVAC UNIT OPERATION WITH 2 — DIGITAL WIRELESS 2 STAGE HONEYWELL. THERMOSTATS MOUNTED ON WALL, NEXT TO CO2 SENSORS. CONTROL MODULES TO 13E LOCATED IN 2 ROOFTOP UNITS. TOTAL - $1,606.00 REPLACE THERMOSTAT WIRE FOR 7.5 TON UNIT AND ONE OF 2 — 10 TON UNITS SERVING MULTI PURPOSE ROOM. 6 HOURS O $110,00 / FIR = $660.00 100' 'r-STAT WIRE = $50.00 2 NEW HONEYWELL WIRELESS THERMOSTAT AND CONTROLLERS 0 $339.00 = $676.00 INSTALL 2 WIRELESS THERMOSTATS AND CONTROLLERS IN UNITS 2 HRS @ $110.00 = $220.00 TOTAL - $1,606.00 HONEYWELL WIRELESS THERMOSTAT MODEL #FOCUSPROTH632OR CO2 SENSOR-- HONEYWELL C7232A WITH LCD DISPLAY WE PROPOSE hereby to famish matonal and I r pleAc i o:cora m" with thew specifications. p PAYABLE AS FOLLOWS: �jx AUTHORIZED SIGNATURE: /' NO'IC': Thisproyosalmay be withdrenvn by us iJnotacceldedwahiri7l:/..drum All material is gnuanlced Io he as specific . work to be mpleted in a workmanlike manner accarding to standard proctims, Any alteration ordmiation from above specifications involving "Ira costs wo I he executed only upon written orders and will become an extra charge over and above the estimme. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry general liability and other necessary insurance. Our workers are fully covered by workman's Compensation Insurance. 19dar Buff Air Conditioning, Inc. reserves the right to stop work err non-payment of armmrts due, when (Inc. Should it became necessary to codircce payment of amounts due through legal proceedings paint Fluor Air Conditioning, Inc. shall he entitled to such additional amounts as reasonable atlurncy foes and court costs thus incurred, whether or not suit is riled; as well as interest on the unpaid balance at 2%per month flown the duo (laic. .............r,♦••u•♦N....••. • ,u.�r.•u�,••�,,•N.�r�r�.�H,���r H..���.�,aH ACCEPTANCE OF PROPOSAL — The prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature_ Date: PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: City Clerk P O Box 1504 La Quinta, CA 92247 DOC # 2012-0395466 08/20/2012 12:08P Fee:NC Page 1 of 2 Recorded in Official Records County of Riverside Larry Clerk & Recorder 111111111111111111IN1111111111III1111111111111 I S R U PAGE SIZE DA MISC I LONG I RFD COPY a M A L 465 426 PCOR NCOR SMF CHG exgM NG�G C� T: CTY UNI O(OO? NOTICE OF COMPLETION — -SENIOR CENTER HVAC UPGRADE -- CITY OF LA QUINTA PROJECT 2011-13 CONTRACTOR: Polar Barr Air Conditioning Inc. Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Exempt Recording Fees Per Government Code Sections 6103 and 27383 NOTICE OF COMPLETION FILED BY THE CITY OF LA QUINTA, CALIFORNIA 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 7th day of August 2012, a work of improvement on the real property v^ herein described was completed. 5. The work improvement is described as follows: Senior Center HVAC Upgrade. City Project 2011-13. 6. The name of the contractor for said work of improvement was: Polar Barr Air Conditioning, Inc. 7. The property on -Which said public work of improvement Was -completed is in the City of La Quinta, County of Riverside, State of California, and is described as follows: La Quinta Senior Center located at 78-450 Avenida La Fonda. DATED: August 13, 2012 CITY OF LA QUINTA, CALIFORNIA BY: TITLE: Susan Maysel City Clerk STATE OF CALIFORNIA I COUNTY OF RIVERSIDE I I hereby certify that I am the City Clerk of the governing board of the City Council of the City of La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I make this verification: that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true -and correct. Executed at La Quinta, California. (;Y SUSAN MAYSELS, Oy Clerk City of La Quinta, California