Loading...
Dateland Const. Co./Carranza Drainage Improv. 15SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Dateland Construction Company, Inc., herein referred to as, "Contractor." INITNESSETH:. 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. 2014-09, Avenida Carranza Drainage Improvements, in the City of La Quinta, California pursuant to the Invitation to Bid, dated January, 2015, the project Specifications, and Contractor's Bid, 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 15 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration Forty Thousand, Seven Hundred and Ninety -Two Dollars and Zero Cents ($40,792.00). 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). Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations' Internet website at http://www.dir.ca.gov. Contract 1300-1 Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless. registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public-Works/PublieWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a,contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4; all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 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. Contract 1300-2 The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss. of City property, to the extent not insured by City . and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of .City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against .any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides .City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors.from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. 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 Contract 1300-3 Compensation laws of the State of California. Failure to maintain. the required amounts and types of coverage throughout the duration• of this Contract shall constitute a material breach .of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one. calendar -day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does .not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 12.. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six.months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. Contract 1300-4 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra'costs.incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional. .(out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Contract 1300-5 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California municipal corporation Dated: I �_ Edie Hyltor4AIreputy City Manager ATTEST: 46 Dated:lwj, u0 is Susan Maysels, City Clqrk APPROVED AS TO FORM: SIGNED IN COUNTERPART City Attorney Dated: "CONTRACTOR" (If corporation, affix seal) Dated: ,S2.49/,(,c 9 Name: e'v, A2. print name Address: ^ VL street address city state zip code Dated: Name: print name Address: By: signature Title: street address city state zip code Contract 1300-6 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates, stated below. "CITY" CITY OF LA QUINTA a California municipal corporation SIGNED IN COUNTERPART. Dated: By: ATTEST: SIGNED IN COUNTERPART Dated: Susan Maysels, City Clerk APPROVED AS TO FORM: •� Dated: City Attorney "CONTRACTOR" /if COrpOrnfinn affix -Qpnll Dated: L2O Name:: iLM / print name Address: street address city state zip code Dated: By: signature Name: Title: print name " Address: street address city state zip code ` Contract 1300.6 SECTION 1310 FAITHFUL PERFORMANCE BOND Bond No. CA 3953895 KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on March 17, 2015, awarded to Dateland Construction Company, Inc., hereinafter designated as the Principal, a Contract for City Project No. 2014-09, Avenida Carranza Drainage Improvements and: WHEREAS, said Principal is, required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal,. and Great American Insurance company as Surety, are held and firmly bound unto. the City in the just and full amount of Forty Thousand, Seven Hundred, and Ninety -Two Dollars, and Zero Cents ($40,792.00) 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, shalt 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. Faithful Performance Bond 1310-1 IN, WITNESS WHEREOF, the Principal and Surety have executed. this instrument under their. respective corporate seals this day of 2015, 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. Princip (Seal) St store or Principal Title of Signatory GREAT AMERICAN INSURANCE COMPANY- (Seal). Attorney -in -Fact Title of Signatory 2545 Benton Street Edgewater, Colorado 80214 Address of Surety (303) 601-7379 Phone # of Surety Eric Schmalz Contact Person for Surety, Faithful Performance Bond 1310-2 CALIFORNIA• •. C�C��C�C��C�C.aC�C.•.�.C..�C�C�C�C�C�C�C�C�C�C�C�C�C..�C�C�C��C�C�C�C�C.a•..�C�C.•.�•.afC��•.caC C� �c�C�C.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I'�I�I�yCLi Ci ) On Z3 U ) s before me, Gv! n L Ahi" 100M G , Date Here Insert Name and Title of the Officer personally appeared _ � Thn2s;1K " ar�►e(s}-of�'igner(s who proved to me on the basis of satisfactory evidence to be the person whose name/ is/5W subscribed to the within instrument and acknowledged to me that �hts/she/t e executed the same in h,W/her/th(r authorized capacity(i s), and that/bD f}i�/her/their signature,( on the instrument the personor the entity upon behalf of whic the personacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand -an fficial seal. ERIN L. MEYER Commission #� 2011885 i -�+� Notary Public - California Z Z Riverside County > Signature M Comm. Expires Apr 9, 20t7 + Sig ture of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document p /� Title or Type of Document: rd I �►rU, /�YftjYyViyrC.e. ocument Date: _ Mo-- b Number of Pages: i Signer(s) Other Than Named Above: NM e-- Capacity(ies) Claimed by Signer(s) Signer's Name: jkd e n!!! girl Signer's Name: / 'Corporate Officer — Title(s): / ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General I ❑ Partner — ❑ Limited ❑f en ral ❑ Individual ❑ Attorney in Fact ❑ Individual ❑I Att rc rney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee /a Guardian or Conservator El Other: ❑Other: Si ng er.Is Repr�s nting: Signer,,ls Representing: ka,kJ Z f ti ft,Mr- nc. 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 SECTION 1320 PAYMENT BOND Bond No. CA 3953895 KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on March 17, 2016, awarded to Dateland Construction Company, Inc. hereinafter designated - as the Principal, a Contract for City Project No. 2014-09, Avenida Carranza Drainage Improvements. WHEREAS, said Principal is required to furnish a bond in connection and with said Contract; providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in,' upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond_ will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and Great American insurance_ Compaily as Surety, are held and firmly bound unto the City, in the just and full amount of Forty Thousand, Seven Hundred :and Ninety -Two Dollars- and Zero Cents ($40,792.00) 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 Civii' Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of. the Contract or to the work to be. performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to .the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Payment Bond. 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their respective corporate seals this day of , 2015, 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. DATELAND CONSTRUCTION COMPANY, INC. 4Priinnci(Seal) or Princi al Title of Signatory" GREAT AMERICAN INSURANCE COMPANY Surety A (Seal) By Signature for ur ty D� ias J. Rothey Attorney -in -Fact Title of Signatory 2545 Benton Street Edgewater, Colorado 80214 Address of Surety (303) 601-7379 Phone # of Surety Eric Schmalz Contact Person for Surety Payment Bond 1320-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I?jye 'Si'G�fi On 23. 2016 before me, EV 1 ri L • AA &4 c4- . lVD &ru i C-- , Date LitL �Here Insert N me and Title the Officer J personally appeared . 1 hawwae) In Name(s) of Signers who proved to me on the basis of satisfactory evidence to be the person,K whose name(,s'j is/a subscribed to the within instrument and acknowledged to me that /e/she/thy executed the same in Wlher/tVrr authorized capacity(iiA, and that by 461 /her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. C iERIN -201ommissionn # 2011i385 i Notary Public -California z 9 Riverside County 3 MY Comm. Expires Apr 9, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand-aMdofficial seal. Signature Si na r of Notary Pu lic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu Anent �p Title or Type of Document: d- Docume t Date: �ya� Number of Pages: �_ Sign r(s) Other Than Named Above: i Or e_-, Capacity(ies) Clai ed Si ner(s) Signer's Name: 7 nowj750oSigner's Name: V Corporate Officer — Title(s): Seh7AaA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited eneral ❑ Individual ❑ Attorney in Fact ❑ Individual orney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Othe is ngr Is Representing: _ Sig r Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 comrVencing t e erformance of the work of this contract." . ignature itle Izor Ii� Date Workers Compensation Insurance Certificate 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Exceptfor 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 Liability and Insurance Requirements 1340-1 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. 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 Liability and Insurance Requirements 1340-2 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. 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. Liability and Insurance Requirements 1340-3 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 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 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. Insurance procured -,,pursuant to these requirements shall be written by insurers that are authorized carriers in the state of California and with an.A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agree as follows: Contractor agrees to endorse the third party Commercial General Liability coverage required herein to include- as additional insureds City, its officials, employees and agents, and County, its officials, employees and agents, using, standard ISO endorsement No. CO 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. Liability and Insurance Requirements 1340-4 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. 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. 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 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 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 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. Liability and Insurance Requirements 1340-5 0. 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. 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. Liability and Insurance Requirements 1340-6 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, if any are 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: Frank J. Spevacek, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Liability and Insurance Requirements 1340-7 State of County of COLORADO ) ) ss. ARAPAHOE ) On , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Douglas J. Rothey known to me to be Attorney -in -Fact of GREAT AMERICAN INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires: December 8, 2018 , Cy thia M. Burnett, Notary Public CYNTHIA M BURNETT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944019211 COMMISSION EXPIRES DEC. 8, 2018 -GREAT -AMERIPANINSURANCE :COMPANY. Admiriisf��iveOffice :301,E4fkSTREET CINCINNATI, 0HI 4526� W 61 3-5000 W(Sfi-72i2li-2740 The niumbei of pers6s,a6thariied b�- this power, of attorne"" THREE y isApt more than- No. o 14420 POWER OF ATTORNEY. KNOWAL]LMEN 'HYTt1ESEPRESENTS: 11hof the GREATA.M'ERICA14 INSURANCE COMPANY, A corporation organi�d Andikistihg under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and Appoint the person, or persons ' individually if more than d " - named below, each- n' 6d; true An. lawful its name, place stead execute surety, any #1 one is named- I d ead to cdn behalf of the'said Company, as`�'u-_ d I bonds, the ofdi, undertakings and contracts of suretyship, oroifi&r written 6blikWims in the nature thereof; provided that e liability 6 said Company on any such 66hd,�, !p undertaking ddrtaking of contract dsiiretyshib executed under this authority shall- not exceed the. limit:stated below. Name, DbUbLAi§-j. ROTHEY,, CYNTHIA M. BqkE�;­T* ERIK UILIBARR.1 Address ALL OR DENVER COLORAPQ Litmlfof Power. ALL V,600? . 000,00 This 1`6weF6fAtWrney revokes all -ptcvious-poweii, issued o; h_66half of thi attorney(s) , in4ict named ab6e.. COMPANY - .- : - d attested by its appropriate iN.WiTN-EsS'Wi4tREbtthe -G-R'EATAMEPJCANINSURAN[CE. eau_ these presentstp be signed officers anii.rts co r pratc.se 61 he'rcuntqaflied. this 17TH day'or :NOVEMBER- 2011 Attest GREAT, AMERICA14 INSURANCE COMPANY zoV rionaj Senior I 4v Pirviden! STATROF OHIO, COUNTY OF HAMILTON gs: D AMD C. 1QTCH1 N 6 77�3 *'M� day of... ', NOVEM - BER. 2-0if before me pc ib C; kITCH64, to me On is rsonally- appeared DAV� known, being duly sworn; deposes and says thit he resides .in-driciriniii, Ohio; that he is - a Div*isio,onal Senior'.Vied President of the Bond, Division of Great- Ameitic'm Insurance Company;, the tbrfio�ahy described in and whicheixec'utcilthe above instrumeqt;,* that he 6ow' the seal of the iaid Company; that the seal Affixed to the said'instrument is such corpord_Wdal; that ifwas'so Affixed by autfiodtyof his biffice under the BY -Laws ofsaid.Comipany, and that he signed his name tfiereto.by like Authority. KARM L 096SNEIM �6 NOTARYNOTARYP"Mr OF '"0" Z� •W COMMODS, FU 02-2 -1.6 "This Power ofAttorneyii granted by authority, o t ifie f6ilowifig.resol(itions Adopted by the Board of Directors ofdreatAmencan Insurance Company by4hanimous-Writtinj fit dated Jfifie 9,'2008., RESOLVE&, That ,the Divisional President,: the several D&Wonal Senior We Presidenis, Divisional Vice Presidents. and Diiisonal Assistant rice Nesidenlii"�r ai- n_j one of t4em,'be iind hii�by is'audwri.-idfioin I! 'I )Jht one o�,hi6ie,411orniys-Iii-,Pqcl 1o:ex6cuie.oh beha6rofthe'Cimipary Y� Qr� me�!Qlqpe�,o,qppi as ittrety,'44 and all bonds, undertakdnjsIiQt�ohtracts ofsupi�yship, 6r'other 'ivr!11en obligationsin I thinati'Lreihereq�- to prescribe their ijsyiec, live dishes and ihires_p_eciive hihits of their aulh6n�,.`andto*rievake any, iikh qPpo6i;40ntafairy time. RESOLVED FURTHER _''-, signature aforesaid o and Secretary or Assistant Secretary of flurt the Company seal and lhe� - s , , fany of af fflqer;pn, ,any -C6mpa4-Wqy'beq or�' card ofeither ki�&jjb� thiixe6sildn'o an -iiAdertakiij. contract 6 ertifi �n - fsu,*1yShiP, airy obligation in the thereof, 0. such'signature and seal i-rhen'so used being 4enh' adopted by the: dompai*ai the original signature of such or other, ivrirt�n y officer and the original seal ofthe Company, to be valid and binding upon the Company with the same force ai�d'e as &ect i though manually qffcred- CERTIFICATION .1 STEPHEN C. BERAHAj AssistAnt &dtct�iry ofGfeat'Arfieri&ifi Insurance Cohiphy, do. hereby certify that the fofegoink Power ofAttbrn and dy rs o ne 9,,2008 Ave hot are n f� effect.. tlieRc�6l'u-tion-sbftlie'li6�iA'i)fbiii�to-*" iifj�_ - ^hi--- *bccfi�r'ev`o'kcdafid '­n6 ; full ff Signed and'sealed thisday of Asalat6iii...TeeicrqrV,' 9A45 ^ OP ID: RG 1 DATE(MM/DD/YYYY) ,�coRo" CERTIFICATE OF LIABILITY INSURANCE 04/08/15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the'terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . CONTACT PRODUCER Phone:949-553-9800 NAME: The Wooditch Company Insurance PHONE FAX p y Fax: 949-553-0670 Alc No Ext : A/C No Services, Inc. E-MAIL 1 Park Plaza, Suite 400 ADDRESS: Irvine, CA 92614 PRODUCER DATEL-1 Christopher Hodson CUSTOMER ID #: INSURERS AFFORDING COVERAGE NAIC# INSURED Dateland Construction Co., Inc INSURERA:Colony Insurance Company 39993 83-801 Avenue 45 INSURER B: American Fire and Casualty Co. 24066 Indio, CA 92201 INSIIRERC:State Compensation Ins. Fund ­1101^r.I KIHR CCo- COVERAGES t r_m 1 IrluR 1 C NUIIII--- ------ -' - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SCR A - TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR ADDL X SUBR X POLICY NUMBER 103GL0008102-00 POLICY EFF MMIDDIYYYY 01/15/15 POLICY EXP MMIDD/YYYY 01/15/16 LIMITS EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 KEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 2,000,000 COMBINED SINGLE LIMIT (Ea accident) $ $ 1,000,000 POLICY X PRO JFCTLOC AUTOMOBILE LIABILITY 01/15/15 01/15/16 $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) S 5 NON -OWNED AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR HCLAIMS-MADE DEDUCTIBLE $ X WCST'MIT I0R TORY MIT R $ C RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 9122548-2015 01/15/15 01/15/16 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) *Except 10 Days Notice of Cancellation for Non -Payment of Premium. RE: All ongoing grading/paving/water & sewer main construction operations during the current policy period. City of La Quinta is named as Additional Insured as respects General Liability per attached endorsement. **SEE NOTES** glaiwv CERTIFICATE City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 ACORD 25 (2009/09) CITYLAQ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 103GL0008102-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) (Additional Insured): Location(s) of Covered Operations: . All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured A. SECTION II —WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising .injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above: A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations at Work "Bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service; maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or U156P-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 with its permission. 103 GL 0007537-03 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional insured(s). C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended and the following added: The insurance afforded by this Coverage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. r U156P-0310 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2 with its permission. Policy Number: 103GL0008102-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - COMPLETED OPERATIONS & ONGOING OPERATIONS AS SCHEDULED This endorsement modifies insurance provided under the following: COMMERCIAL`GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Operations All project owners or contractors as required by As required in written contract with the named written contract with the named insured except insured any entity or contract involved with residential or habitational construction A. Section II'— Who Is An Insured is amended to include the person(s) or organization(s) shown in the Schedule,(called additional insured), but only with respect to: (1) Liability -for "bodily injury" or "property damage" caused, in whole or in part, resulting from "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard" when you and such person(s) or organization(s) have agreed in writing in a con- tract or agreement that such person(s) or organization(s) be named as an additional in- sured on your policy. (2) Liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by resulting from: (a) Your acts or omissions; or (b)The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the loca- tion(s) designated above. B. Section IV — Commercial General Liability Conditions, 4. Other Insurance is amended and the following added: If you are required by written contract to provide primary insurance, the insurance afforded by this Coverage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U462-0310 Includes copyrighted material of ISO Properties, Inc., 2004 Page 1 of 1 with its permission. Policy Number: 103GL0008102-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contract or lease; and c. such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS -AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U047-0310 Includes copyrighted material of ISO Properties, Inc.,, Page 1 of 1 with its permission. ^r'or -BU_S_INESS LOCATION OUTSIDE CITY LIMITS 4a 78-495 Calle Tampico La Quinta, California 92253 (760)777-7000 CERTIFICATE 14CIN-TRANSFERABLE �II'�Illi Dear Busines<I'li Vuir' --RUMNESS NAME:— DATELAND CONSTRUCTION COJNC BUSINESS ADDRESS: 83801 AVENUE 45 INDIO CA 92201 BUSINESS LOCATION OUTSIDE CITY LIMITS Please be aware that issuance of a business license by the City does not authorize you to conduct business in a building or tenant space that has not been approved for occupancy by the Building and Safety Department. If you have any questions regarding this issue, or if you are not sure -if a Certificate5f_=0ccupancy has been issued for your place of businesss, pleasesconta tiBuilding�nd_Safety at (760)777-7012 The Liceseemnired hereiahavjng paid -to the City of La qumta-all fees required, license is hereby granted -said licensee to transact the business herein set forth, for the period stated, in conformity with the Provisions of Ordinance No. 2 of this City. This Licensee is issued without verfication that the licensee is subject to or exempt from licensing by the State of California. _ _ IINBUSINESSILILIC OOQIIIIII1031CG, = NTRAGTOCLASSI FICA il�'I CO R FINANCEDIRECTOR. -.- ......_EXPIR TION...DATE._3 31._ 78-495 Calle Tampico La Quinta, California 92253 (760)777-7000 - - _CERTIFICATE V lhll T<IDN-TRANSFERABLE Dear Business Owner: i, ill IIII i I' II RIII ! ' II'llii' �i� BUSINESS NAME: DATELAND CONS'TR'UCTIONI1C INC BUSINESS ADDRESS: 83801 AVENUE 45 INDIO, CCA 92201-- By - FINANCE DIRECTOR Please be aware that issuance of a business license by the City does not authorize you to conduct business in a building or tenant space that has not been approved for occupancy by the Building and Safet epartment. If you have any questions regarding this issue, or if you arevot suMif a Certificate of Occupancy has been issued for yourplace of business, please co k,CBui ding and Safety at (760)777 7012 The LicenseMm>e--&herein havang paid to the City of La Qumtall fees required, license is hereby granted said licensee to transact the business herein set forth, for the period stated, in conformity with the Provisions of Ordinance No. 2 of this City. This Licensee is issued without verfication that the licensee is subject to or exempt from licensing by the State of California. —_- BUSINESS LIC NO: . LIC-0000031 CLASSIFICATION: CONTRACTOR EXPIRATION DATE: 3/31/2016 Tihf 4 4 a" Sheet 1 of 2 CONTRACT: -Avenida Carranza Drainage Improvements PROJECT NO. 2014-09 CONTRACTOR: Dateland Construction Company, Inc. 83801 Ave 45 Indio, Ca 92201 CONTRACT CHANGE ORDER NO. 1 *********************************************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. ************************************************************************************************************* DESCRIPTION OF CHANGE Contract Quantity Adjustment - Not Required (No Change in Quantities) Total 0.00 This Contract Change Order allows for the reimbursement of CVWD Permit Fees Total 1,667.50 ************************************************************************************************************* Original Contract Amount $ 40,792.00 Add This Change Order $ 1,667.50 Revised Contract Total $ 42,459.50 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: 5/08/15 . We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: L/ L� 'J�'`'yJ�3 Title: - Contractor: N Date: /Y_ T:\STAFF\STSAUVER\PROJECT STARTER KMCONSTRUCTION\PROGRESS PAYMENTS & CCO'S\CCO #I.DOC LICENSE NO.396698 DATELAND CONSTRUCTION CO., INC 83-801 Avenue 45 Indio, CA 92201 (760) 342-2999 -Fax (760) 342-5444 PROPOSALS and CONTRACT NO. PHONE: DATE: PROPOSAL SUBMITTED TO: 760 777 7000 11-May-1 5 NAME: PROJECT: CITY OF LA QUINTA AVENIDA CARRANZA ADDRESS: LOCATION: 78-495 CALLE TAMPICO LA QUINTA CITY & STATE: ENGINEER DATE ON PLANS LA QUINTA, CA. 92253 ATTENTION: PROJECT PLANS - NO. AND TITLE: LEONARD PAGE 1 OF 1 We hereby propose to furnish the necessary equipment, labor and material required to perform the following work: CVWD INSPECTION FEES IN ADDITION TO CONTRACT 1 LS INSPECTION FEE @ 1450.00 $ 1,450.00 1 LS 15% PROCESSING FEE @ 217.50 $ 217.50 $ 1,667.50 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: City Clerk 78-495 Calle Tampico La Quinta, CA 92253 DOC # 2015-0258168 06/17/2015 04:23 PM Fees: $0.00 Page 1 of 2 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder **This document was electronically submitted to the County of Riverside'for recording*"` Receipted by: CMORRIS SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION Avenida Carranza Drainage Improvements CITY OF LA QUINTA PROJECT 2014-09 CONTRACTOR: DATELAND CONSTRUCTION Title of Document THIS AR -EA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Exempt Recording Fees per Government Code Sections 6103and 27383 NOTICE OFCOMPLETION 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 in June 2015; a work of improvement on the real property herein described- was completed. 5. The public work improvement is described as follows: Avenida Carrdnza Drainage Improvements, City Project 2014-09. 6. The name of the contractor for said work of improvement was Dateland Construction. 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: North End of Avenida Carronza . DATED:. June 17, 2015 CITY OF LA-QUINT�/Aj CALIFORNIA r ' °BY: &*Xlrl- Susan Maysels; City Cl k STATE OF CALIFORNIA ) CITY OF LA QUINTA ) COUNTY OF RIVERSIDE ) 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. S�4� SUSAN MAY LS, City Clerk City of La Quinta, California