2016-08 SilverRock Park Venue (Urban Habitat) Executed ContractSECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and Urban Habitat, herein referred to as, "Contractor."
W l IN .E. .S. .S. .E. I.!::!.:
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 Project No. 2016-08, La Quinta SilverRock Park Venue in the City of La Quinta,
California pursuant to the Invitation to Bid, dated June 2019, 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 120 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 Four Million Two Hundred Eighteen Thousand Eight Hundred Seventy-
Nine Dollars and Seventy-Five Cents ($4,218,879.75) for base bid and additive alternates 1,
2, and 3 . 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 shalt forfeit as a penalty to the City the sum ofTwenty-
Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him
or by any subcontractor under him in violation of this provision {Sections 1770-1777, Labor
Code of California).
Contract 1300-1
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 .
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/PublicWorks.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:
Contract
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;
1300-2
4. Any failure of Contractor, its officers, agents or employees to comply with any of the
terms or conditions of this Contract or any applicable federal, state, regional, or
municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence referred
to in Sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from
the use or occupation by Contractor on any other premises in the care, custody and
control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City
and loss of City revenue from any source, caused by or arising out of the conditions, operations,
uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4)
and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this contract, Contractor
shall not be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement between the
parties or by the findings of a court of competent jurisdiction. In instances where City is shown
to have been actively negligent and where City's active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Contractor in the performance of this contract. In the
event Contractor fails to obtain such indemnity obligations from others as required here,
Contractor agrees to be futty 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 shalt 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.
Contract 1300-3
,., ,
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Inde m nificati on 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, Insura nce 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
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.
Contract 1300-4
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
insure it is receiving all money to which it is entitled under the contract and/or is paying only
the amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
offices including, but not limited to, such additional (out of the City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the
Contract Documents, each of which is by this reference made a part hereof.
Contract 1300-5
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
stated below.
"CITY"
CITY OF LA QUINT A
a California municipal corporation
Dated: <6 ~M9
ATTEST:
~ Dated: ~/'2.2./ l°'t
Nichole Romane, Deputy City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M~-J.~&~-!. lilq
Dated: ~ L'l-.1-! I I
City Attorney
Doted: ~~ 9\ 1).\q
Name:1tef® Eftnroo
print name
"CONTRACTOR"
(If corporation, affix seal)
By : sJh ~.JJj M.Ab1 ~..------
signature
Title: Pfa;rdm+
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Address: _.P ....... f) ....... i?!J.....,.'i ............... l\'TI..........___.\ ........ ?\..__ll\1 .............. \ntzJ._ ____ CA __ q ___ 1'._1J_._f1......___
street address city state zip code
Da te-d:. __ ~----=u'-'E:i=--9__.,_Z._c_1_') _ By ~ ~ -=
Title: CDD
print name
Address: PD ~ \\11 LA&Jm crl'l41-
street address city state zip code
Contract 1300-6
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
Bond Number: 54-227679
Premium: $36,460
Premium will be adjusted based on
final contract amount
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City,
has, on August 6, 2019, awarded to Urban Habitat, hereinafter designated as the Principal, a
Contract for Project No. 2016-08, La Quinta SilverRock Park Venue 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 United Fire & Casualty Company, as Surety,
are held and firmly bound unto the City in the just and full amount of Four Million Two
Hundred Eighteen Thousand Eight Hundred Seventy-Nine Dollars and Seventy-Five Cents
($4,218,879.15) for base bid and additive alternates 1, 2, and 3 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.
Faithful Performance Bond 1310-1
·~-
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under
their corporate seals this 8th day of
August , 2019, 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.
Urban Habitat
Principal
Signature for Principal Theresa Brennan
President
Title of Signatory
United Fire & Casualty Company
Surety
Signature for Su ret
Attorney-in-Fact
Title of Signatory
118 Second Ave., SE, Cedar Rapids, IA 52401
Address of Surety
(319) 247-6144
Phone# of Surety
Ramona Seidman
Contact Person for Surety
Faithful Performance Bond
(Seal)
(Seal)
1310-2
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DANIEL FRAZEE, KIM VASQUEZ, MATTHEW C. GAYNOR, ANDREW J . ROBERTS, EACH INDIVIDUALLY
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th e[ tru e)1.Qd lawfr~f Att6me y()~in.-Fasl withe: pc\,\vc~ nnd at:tbciqty · }i~¢oy confc.rr e'd to ;:'°igll.:' seal .?nd ex~cu~e ji1 its beha.lfi all -lawful bonqs, .
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alli.i'a11 o'f the acts of said Attorney, pursu ailft e cl.l e authority here b giVc'n 11nd hereby '.nifified "and Cd1ifmnec[ I,,. . 'i -
The Au thority hereby granted is continuou s and shall teil1llin in full force and effect until revoked by United Fire & Casualty Company, United Fire &
Indemnity .Cbrnpapy,:ahd 'FinancialPacific Iilsurnnce Company. · ,.
,This Po\~er ofj\ttomey is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards_oL
· Drre ctors of Un.ited Fire & Casuahy Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. · ·
.. , ... .•. "Article VI -Su1·ety Bonds and llndertakings" " . " ::,,; .
Section 2,;;A,ppointrnent of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies ma y , from time to 1iilj~;·appo ii1t by ~\1:;i:_ten
certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertaking and other obli g<1tory in struments of like :tiature.
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.. 'Companies,;\~ be va Udc and binding ·upon the €ompllllies \\~Lh the same force and effect ns though manuall y 11ffi.xcd. Such attorneys-in-fact, mbjc:d \9 the !imitations: et of
·ror1·1:t in th.~.ir ;n:specti\. ·,certificate of alllhority sJm!l liave fo ll power to bind th e 'Companies by their ignaturc and cx.cq1tion of any uch in truniiµit l• and to airach "tl;i e s~,al
the Compan ie~ the reto·. TI1e President or w1 y Vice President, the Board o f Directors or an y other officer of the Co mpaoie s may at an y time rc ,·ok!_',:-all power ru.ul aut}.1orlry
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) JN WITNE S WHE REOF , the COMPANIES hav,e each caused thesepresents.td oe ·ignedl:!/it~
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t . ::· ........ ~l'c..u:~~t~ -;~ :·~'t-.\°:'0~,~,,~_ il~$"'o~~.-p/tr ·'fi"'~~(,: ;,.' ~ -:/ :,.~ .. ) ·::: -: ,,. . ·."~ ""-' Q ~i __2 ~;[, _ ·· ··· :cf" ~e:::· Yl·~;""···: .. ,;·ilf~~'.:~~~J .: • . ····· ~ A~" ·~/r~ SEAL ~-c § ~~ ~ SEAL ~l %\-t..,£1Fo!'."<''°'.:--'~j By : . "~' ·• • ' , . · .. -.-' Ass;stant Secretary,
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BPOA0049 121 7 ., .,_.' This paper ha s a c olored background an'o vb id p antograph. "·
.. ::
..;:; .
l,·.·.
' .,
ACKNOWLEDGMENT
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 San Diego
on August 8th, 2019 before me, Ashley Hunter, Notary Public _____ _
(insert name and title of the officer)
personally appeared Matthew C. Gaynor
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/they executed the same in
his/her/their authorized capacity(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 the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
ACKNOWLEDGMENT
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
validitv of that document.
State of California d
County of Riversi e )
on August 8, 2019 before me, Teresa Angulo, Notary Public
(insert name and title of the officer)
personally appeared Theresa C. Brennan
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/they executed the same in
his/her/their authorized capacity(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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~hA ~ (Seal)
..6l'el~· • • TERESA ANGULO. • [
COMM. #2 156814 z
Notary Public · California ~
Riverside County -
M Comm. Ex ires June 16. 2020
I.,;
KNOW ALL MEN BY THESE PRESENTS:
SECTION 1320
PAYMENT BOND
Bond Number: 54-227679
Premium included in
Performance Bond
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has
on August 6, 2019, awarded to Urban Habitat, hereinafter designated as the Principal, a
Contract for Project No. 2016-08, La Quinta SilverRock Park Venue.
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 LJoited Fire & Casualty Company, as Surety,
are held and firmly bound unto the City in the just and full amount of Four MH/ion Two
Hundred Eighteen Thousand Eight Hundred Seventy-Nine Dollars and Seventy-Five Cents
($4,218,879.75) for base bid and additive alternates 1, 2, and J 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 su it 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 corporate seals this 8th day of
August , 2019, 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.
Urban Habitat
Principal
Signature for Prin cipa l Theresa Brennan
President
Title of Signatory
United Eire & Casualty Company
Surety
!)Ill{
Attorney-in-Fact
Title of Signatory
118 Second Ave., SE, Cedar Rapids, IA 52401
Address of Surety
(319) 247-6144
Phone# of Surety
Ramona Seidman
Contact Person for Surety
Payment Bond
(Seal)
(Seal)
1320-2
ID·;,\I._ --,.., ·u .... -.. ·_-: . __ .. _;
·INSURANCE
.,,· .. --;-;
. I c. , It' . .··---':-'.i;
. , UNITED'.-J:!RF _& C'A Uf\LT._\'GOMJ>AN 'f:.' EDAR.JlAPID . lA
·" lTNITED F-IRE& !NDEMNJTY COMPANY ,,W:EB 'TER,TX
FINANCIAL PA IFIC ~ .ORANCE COM.PA . Y, ROCKLCN, CA
CERTIFIED COPY OF POWER OF A'IT RNEY
' -(!)rigiu,a,lon file atsHomc 0 ffice of Company~ ~ee Certificatiop.)
.. ' • ;-~ __ , • < ,. -
,.;:' -
-:~ .
I _nquiries: ·Surety Department
1.).!i'Se~oµd Ate SE
Cedar Rapid , IA 52401
-.· ... ... . .. .·· . ._.. . . -... · ·-· ··.· : . : .. ~ ··i •., !• :·· ;~~-:~.: .. _··<--··... ':· · .. -· '
KNOY\· LL,PERSON ;Hy THE EPRE ENl: ·That Ll:nitcd Fir1:: &.:,. il ualty Cpmp~ny;~ corporati9n dtlly bfganizc<J_and exi torn und r the law
of the ·tate ·of Jowri;/Uniled Fire . & Indemnity ~cimpmiy. a";C:oi'J>ofi\l'.ion duly otganiled ·im,d ;exi~tmg lmdecr ,the law of .lh~·: tate Of Tcxa ·; and •
"' Eman,tjal Pa' ific 111 u\-ance ;eo~pany, a _ con)cira,Liojl d\;J Iy "orgiplize4 and existing Urider 1hc :]a\· of the :s1ate of~Cal~o~ia (bec:eirHo llective ly ca Ued ' · -
' ·· · tJre ;Companie ). and having. ·their corpofiite~h~{ldquarter_s;:iir (.'ei!ru: R,apid.~. 'tate of lo w~ does· make ·'i:nnst;~\ute'imd:-app,C:iint _.. ,,, -. . .... ·,
DANIEL FRAZEE, KIM VASQUEZ, MATTHEW C. GAYNOR, ANDREW J. ROBERTS, EACH INDIVIDUALLY
;: ~ ·: . .-·.> ,..
;,;: ... ·..,,. ;,•
~ ~
·:··
-~: --~ --~ ·: ,•, " -~:.. !~.. . '·<· . :i.
~· ;::,,.."!: .'. .;,,,~ ,. •
I ' --.. . . '~ -:~:· ,!:'.·'~-_:;.,;,:_ -~~:-•, ·:'~ ·.' ·~ -~~ . I .··.i. ;·: ': ::.~~ ·:·:: .... ·.! .::. . ..... 1:1:. ::-J .· . -. :·
'·' ... v• •
their true and lawfuJ,Atfumey(sYiin~Fact wilh .. p6we 1f and a~thofity tiercby conferred to ~ign:, seal. ill1<l execute in its behalf -all lawful bond , uBd~ta\\:ings and otliet obJigiJ-to~)' iri.Struµieuts 'of jn1ilar n{ltut~provi4ed tliat no sillgleo~1iga1ion.shaU .exceed $so. boo. oBp. 09 ~-", .: ·' ·
anq to ,bfild .. i:he Compai;lie~ tli~reby as fu II -atid ,ta· tbc -. am:e ~J1.1erit_ a' 'if . uch in tru\flstrts Wl!fe sigi1 ,ed Jjy tb'e ~tl'ly,~uthoriz~ offii:;crs .of the Companie
anff all of tl1e acts of said'Attofuey. pur~1ianno the authority hereby given and hereb{ratif:ied and onfinn~d. ''· .,: , .
The Authority hereby granted i ontinuou and shall remain in full force and effect un6Lrevoked by United Fire & Casualty Company. United Pire &
Indemnity .Company. ahd FinauciarPacific Insurance Company .
. ,Tli1s P-ower :o./~norney is made and executed purSllilllt to and by authority of1he following bylaw du.ly adopted on.May 15 , 2013' by~ Boards~of ·
Djrector pfUnited·Fife & Casualty Company, United Fire & Indemnity Company, and Financial Pacific ln tlTIIIlce Company. -, .·. .. ' ..
.. "Article VI -unty Bonds und l nrlf<t'tn.kings" '·
Section 2 , ApP,Oint:nlenr1'if Auomey-in-Fact. "The Pi:esident or any Vice President, or any other officer of the Compani~ may, from rime to .. time, appoint by wri·ncn
certificates anonicys-in-foct ro o~t in behalf of the Coiitpanie in the execution of policie s of ins urance, bond , undcttakings and other oblig;uory iriS.tr\niiiint'. oflike nanire.
The ·ignatu:re of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of
citlier authorized hcJ;\!b)';·f sucb signatur~ and seal, when o used, being adopted by the Companies n 1he original signature of such offi cer and the originn) ~e al o f tho
Ciimpllllf ';·\o be vaLid. ru:id binding upon the Companie with the ame force !ITid c1Icc1 as though manuall y affixed . Such anomeys-in-fact, subjcct 't9 the limit~iioni< $Ci . 'f -
fo.rtli'in ilieii:tespec1ive ,ccnificute of authority hall have fu ll power to bind the Companies by the.ir signature and execution of .any such instrnmerits. nnd to nftach 1l1e seal
ll1e Companic-s thereto;>The P-re ident or any Vice Pre. idenl , the· Board of Directors o·r nny other officer of the Companie. ma_y at any time revoke. all ')lOWer nitd nutllori,ry
i>te\.Jo11o5 ly ~ve n 10 an§;~t5omcy-in-fact.
IN \VITNE S WHEREOF , the COMP ANlES have each caused these prese~ls to be signed by its
vice president and its corporate eal lo be hereto affixed this 7 th day of November , 201 i
UNITED FIRE & CASUALTY COMPANY
UNITED FIRE & INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANX
By: 9-~J!:~;-:_
Vice Presidc.>,nt · -.
:~ . .,:
.......
'· '' .·r':
' L
ACKNOWLEDGMENT
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 San Diego
On August 8th, 2019 before me, Ashley Hunter, Notary Public -------
(insert name and title of the officer)
personally appeared Matthew C. Gaynor
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/they executed the same in
his/her/their authorized capacity(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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur (Seal)
ACKNOWLEDGMENT
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
validitv of that document.
State of California d
County of Riversi e )
on August 8, 2019 before me, Teresa Angulo, Notary Public
(insert name and title of the officer)
personally appeared Theresa C. Brennan
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/they executed the same in
his/her/their authorized capacity(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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal}
TERESA ANGULO
COMM. #2156814 z
Notary Public • California ~
Riverside County ...
Comm. ires June 16, 2020
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 3 700 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."
Signature
Title
Workers Compensation Insurance Certificate 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 qr
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).
Liability and Insurance Requirements 1340-1
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 prov1s1on 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 prov1s1ons
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.
Liability and Insurance Requirements 1340-2
' (
2.0 INSURANCE REQUIREMENTS
2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor
will maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If
that existing coverage does not meet the requirements set forth here, it will
be amended to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this Contract and which is applicable to a given
loss, will be available to City.
Contractor shall submit coverage verification for review and approval by the
City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued,
and the Contractor shall not commence work, until such insurance has been
approved by the City. The Contractor shall not allow any subcontractors to
commence work on its subcontract until all similar insurance required of the
subcontractor has been obtained and verified by Contractor. Such insurance
shall remain in full force and effect at all times during the prosecution of the
Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain
such insurance as required by Paragraph 1340-2.0 INSURANCE
REQUIREMENTS.
Contractor shall provide the following types and amounts of insurance:
2.2 Insurance
Prior to the beginning of and throughout the duration of this Agreement, the
following policies shall be maintained and kept in full force and effect providing
insurance with minimum limits as indicated below and issued by insurers with
A. M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$5,000,000 (per occurrence)
$5,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$5,000,000 (per accident)
Liability and Insurance Requirements 1340-3
'.
Personal Auto Declaration Page if applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability
insurance against all claims for injuries against persons or damages to property
resulting from Contracting Party's acts or omissions rising out of or related to
Contracting Party's performance under this Agreement. The insurance policy
shall contain a severability of interest clause providing that the coverage shall
be primary for losses arising out of Contracting Party's performance hereunder
and neither City nor its insurers shall be required to contribute to any such
loss. An endorsement evidencing the foregoing and naming the City and its
officers and employees as additional insured (on the Commercial General
Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services
hereunder.
Contracting Party shall carry automobile liability insurance of $5,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Contracting Party, its officers, any
person directly or indirectly employed by Contracting Party, any subcontractor
or agent, or anyone for whose acts any of them may be liable, arising directly
or indirectly out of or related to Contracting Party's performance under this
Agreement. If Contracting Party or Contracting Party's employees will use
personal autos in any way on this project, Contracting Party shall provide
evidence of personal auto liability coverage for each such person. The term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or
semi-trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage
shall be primary for losses arising out of Contracting Party's performance
hereunder and neither City nor its insurers shall be required to contribute to
such loss.
Liability and Insurance Requirements 1340-4
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against
acts, errors or omissions of the Contracting Party and "Covered Professional
Services" as designated in the policy must specifically include work performed
under this agreement. The policy limit shall be no less than $1,000,000 per
claim and in the aggregate. The policy must "pay on behalf of" the insured
and must include a provision establishing the insurer's duty to defend. The
policy retroactive date shall be on or before the effective date of this
agreement.
Contracting Party shall carry Workers' Compensation Insurance in accordance
with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits
of any of the required polices are reduced; or (3) the deductible or self-insured
retention is increased. In the event any of said policies of insurance are
cancelled, Contracting Party shall, prior to the cancellation date, submit new
evidence of insurance in conformance with this Exhibit to the Contract Officer.
The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
2.3 Remedies
In addition to any other remedies City may have if Contracting Party fails to
provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Liability and Insurance Requirements 1340-5
'• r, ..
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies
for Contracting Party's failure to maintain or secure appropriate policies or
endorsements. Nothing herein contained shall be construed as limiting in any
way the extent to which Contracting Party may be held responsible for
payments of damages to persons or property resulting from Contracting Party's
or its subcontractors' performance of work under this Agreement.
2.4 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer 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 prior to 1992. Contracting Party also agrees to require
all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from
waiving the right of subrogation prior to a loss. Contracting Party agrees to
waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do
likewise.
3. All insurance coverage and limits provided by Contracting Party and available
or applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating
to City or its operations limits the application of such insurance coverage.
4. 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.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises.
Contracting Party 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.
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7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Contracting Party's general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the event
such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contracting Party 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 City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Contracting Party, provide the same minimum insurance coverage required of
Contracting Party. Contracting Party 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. Contracting Party
agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) 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
Contracting Party'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 Contracting Party, which
may include reduction or elimination of the deductible or self-insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting
Party ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contracting Party, the City will
negotiate additional compensation proportional to the increased benefit to
City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
Liability and Insurance Requirements 1340-7
13. Contracting Party acknowledges and agrees that any actual or alleged failure
on the part of City to inform Contracting Party 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.
14. Contracting Party 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. Termination of this obligation is not
effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A coverage
binder or letter from Contracting Party's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured endorsement
as required in these specifications applicable to the renewing or new coverage
must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party
expressly agrees not to use any statutory immunity defenses under such laws
with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section
are not intended as limitations on coverage, limits or other requirements nor
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
limiting or all-inclusive.
18. 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. The requirements in this Exhibit supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with
or impairs the provisions of this Exhibit.
20. Contracting Party 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 Contracting Party 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.
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21. Contracting Party agrees to provide immediate notice to City of any claim or
loss against Contracting Party arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such claim or claims if
they are likely to involve City.
2.5 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:
Jon McMillen, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Liability and Insurance Requirements 1340-9