2023 Ace Electric - Sports Complex Lighting Project 2022-04MEMORANDUM
DATE: February 28, 2023
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Management Assistant
ta Qa�&a
( U.11:0KNIA
RE: Ace Electric - Sport Complex Lighting Replacement Project No. 2022-04
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Jr L Approved by City Council on January 17, 2023
F-1_ City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
❑_ Bid F-1. RFP F-1 RFQ E_ 3 written informal bids
QSole Source 0 Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
�✓ _ Agreement payment will be charged to Account No.: 401-0000-60188-202204CT
❑✓u Agreement term: Start Date March 1, 2023 End Date March 31, 2023
Fv L Amount of Agreement, Amendment, Change Order, etc.: $ 254,800.00
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
W]
J r I_
NOTE;
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Laurie McGinley Date: 2/28/2023
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form
required pursuant FPPC regulation 18701(2)
Business License No. LIC-770860 Expires: 2/29/2024
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and Ace Electric, herein referred to as,
"Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment,
transportation and services for Project No. 2022-04, Sports Complex Lighting
Replacement, in the City of La Quinta, California pursuant to the proposal letter
(Exhibit A), 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
Specifications, or this Contract, then the provisions of said Contract and
Specifications shall be controlling, in that order of precedence. The time frame for
construction work shall be in accordance with that specified in the Bid Schedule.
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 10 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 Two Hundred Fifty -Four Thousand
Eight Hundred Dollars and Zero Cents ($254,800.00). 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).
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.htmi.
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;
Contract 1300-2
2. Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or
pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with
any of the terms or conditions of this Contract or any applicable federal,
state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub -subsections (1), (2), (3), and (4), existing
or conducted upon or arising from the use or occupation by Contractor on
any other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss
suffered by City including but not limited to damage to or loss of City property, to
the extent not insured by City and loss of City revenue from any source, caused by
or arising out of the conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub -subsections (1), (2), (3), (4) and (5).
Contractor's obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost
expense, judgment, civil fine or penalty, or liability was caused in part or
contributed to by an Indemnified Party. However, without affecting the rights of
City under any provision of this contract, Contractor shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence of
City, provided such active negligence is determined by agreement between the
parties or by the findings of a court of competent jurisdiction. In instances where
City is shown to have been actively negligent and where City's active negligence
accounts for only a percentage of the liability involved, the obligation of Contractor
will be for that entire portion or percentage of liability not attributable to the active
negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor
or any other person or entity involved by, for, with or on behalf of Contractor in the
performance of this contract. In the event 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
Contract 1300-3
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 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
Contract 1300-4
1777.6, Labor Code of California). Contractors who willfully fail to comply
will be denied the right to bid on public projects for a period of six months
in addition to other penalties provided by law.
13. This Contract shall not be assignable by Contractor without the written
consent of City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the
Contract is deemed completed.
15. In accepting this Contract, Contractor certifies that no member or officer of
the firm or corporation is an officer or employee of the City except to the extent
permitted by law.
16. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to
and the right to audit and reproduce any of the Contractor records to the extent the
City deems necessary to insure it is receiving all money to which it is entitled under
the contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at
least three years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If
not, the Contractor shall, upon request, promptly deliver the records to the City or
reimburse the City for all reasonable and extra costs incurred in conducting the
audit at a location other than at City offices including, but not limited to, such
additional (out of the City) expenses for personnel, salaries, private auditors,
travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in
the Contract Documents, each of which is by this reference made a part hereof.
Contract 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
-�� I---
Dated:3 2 2 02 S By:
]on McMill ity Manager
ATTEST:
-ft 4
Dated: Z-
Monika Radeva, City Cler
APPROVED AS TO FORM:
.--�*•� Dated: j'2 )7,07 3 r
City Attorney
"CONTRACTOR"
(If corporation, affix seal)
'
Dated:. Z�177.aZ3 By.
Name:- ( her- Title.• CO - LSO
Print Name
Address!- (oDl b1( - C-A '?,Ay&b
Street Address City State Zip Code
Dated: By:
Name; Title. -
Address:
Print Name
Street Address City
Signature
State Zip Code
Contract 1300-6
0910191016A4611MR111&V
PREMIUM: $2,548.00
SECTION 1310 PREMIUM IS FOR CONTRACT TERM
AND IS SUBJECT TO ADJUSTMENT
FAITHFUL PERFORMANCE BOND BASED ON FINAL CONTRACT PRICE
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated
the City, has, on January 17, 2023, awarded to Ace Electric, hereinafter designated
as the Principal, a Contract for Project No. 2022-04, Sports Complex Lighting
Replacement and:
WHEREAS, said Principal is required under the terms of said Contract to
furnish a bond for the faithful performance of said Contract:
NATIONWIDE
NOW, THEREFORE, we, the Principal, and MUTUAL INSURANCE COMPANY as
Surety, are held and firmly bound unto the City in the just and full amount of Two
Hundred Fifty -Four Thousand Eight Hundred Dollars and Zero Cents
($254,800.00) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or
its heirs, executors, administrators, successors, or assigns, shall in all things stand
to and abide by, and well and truly keep and faithfully perform the covenants,
conditions, and agreements in the said contract and any alterations made as
therein provided, on his or their part to be kept and performed, at the time and in
the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless, the City, its officers and agents
as therein stipulated, then this obligation shall become null and void; otherwise it
shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for one-year guarantee period,
during which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition to the terms of the Contract or to
the work to be performed thereunder or the specifications accompanying the same
shall, in any way, affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration, or addition to the terms of
the Contract or to the work or to the specifications. Said Surety hereby waives the
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
Faithful Performance Bond 1310-1
IN WITNESS WHEREOF, the Principal and Surety have executed this
instrument under their seals
this 16TH day of FEBRUARY 2023, 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.
ACE ELECTRIC, INC.
Principal
(Seal)
nat or Principal
CHRISTOPHER HINDS. CO -CEO
Title of Signatory
NATIONWIDE MUTUAL INSURANCE COMPANY
Surety
A� (Seal)
Signature for Surety
MARK D. IATAROLA, ATTORNEY -IN -FACT
Title of Signatory
500 NORTH BRAND BOULEVARD, SUITE 2000
GLENDALE, CA 91203
Address of Surety
949/606-3819
Phone # of Surety
SARA POPLAWSKI
Contact Person for Surety
Faithful Performance Bond 1310-2
California All -Purpose Certificate of 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 2/17/2023
personally appeared
before me, C. Powell, Notary Public
:a`.r.�ry ' ....... 3 i;(s
Christopher Hinds
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.
OPTIONAL INFORMATION
C. POWELL
04-�-
Notary Public - California
San Diego County
Commission # 2366290
My Comm. Explres Jul 18, 2025
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Descriation of Attached Document
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
.7 Individual(s)
EJ Attorney -in -fact
® Corporate Officer(s)
I-] Guardian/Conservator
C"1 Partner - Limited/General
El Trustee(s)
0 Other:
representing:
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
[form(s) of identification L] credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
Additional Signer Signer(s) Thumbprints(s)
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u.r ,� Notary �rii,> ., s��=.,.,, „ ...� r;� ,ra_, ., ., ; r.. > ., ki;:i> .c: Iir:;r; ai;n s.
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 SAN DIEGO
On 2/16/2023
Date
personally appeared
before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC
Here Insert Name and Title of the Officer
MARK D. IATAROLA
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/&Fesubscribed
to the within instrument and acknowledged to me that he/s4eA "executed the same in his/ eif
authorized capacity(ies), and that by his/hem4heir signature(e) on the instrument the persons), or the entity
upon behalf of which the person(a) acted, executed the instrument.
TRACY LYNN RODRIGUEZ
COMM.#2318838
DIEGO
ZSAN
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---
COUNTY
NOTARY PUBLIC-CALIFORNIAZ
MY COMMISSION EXPIRES
JANUARY 11, 2024
Place Notary Seal and/or Stamp 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 (land and official seal.
Signature 6 LA.1
Si ature 'No ary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ® Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing_
02017 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
HELEN MALONEY; JOHN G MALONEY; MARK D IATAROLA; SANDRA FIGUEROA; TRACY LYNN RODRIGUEZ;
each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
-X0-
Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
♦Aa _
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, before me came the above -named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
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instrument, and he acknowledged the execution of the same, and being by me duly
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
.
Notary Public, State of New York
No. 02MC6270117
Qualified in New York County
Notary Public
Commission Expires October 19 2024
My Commission Expires
October 19, 2024
CERTIFICATE
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 16TH day of
FEBRUARY 2023
Assistant Secretary
BDJ 1(08-21)00
BOND NO. 7901130155
PREMIUM INCLUDED IN PERFORMANCE BOND
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated
the City, has on January 17, 2023, awarded to Ace Electric, hereinafter designated
as the Principal, a Contract for Project No. 2022-04, Sports Complex Lighting
Replacement.
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:
NATIONWIDE
NOW, THEREFORE, we, the Principal, and MUTUAL INSURANCE COMPANY as
Surety, are held and firmly bound unto the City in the just and full amount of Two
Hundred Fifty -Four Thousand Eight Hundred Dollars and Zero Cents
($254,800.00) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or
its heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the
performance of the work contracted to be done, or for any work or labor thereon of
any kind or for amount due under the Unemployment Insurance Act with respect to
such work or labor, or for any amounts due, or to be withheld pursuant to Sections
18806 of the Revenue and Taxation Code of the State of California with respect to
such work or labor, then said surety will pay the same in or to an amount not
exceeding the amount hereinabove set forth, and also will pay in case suit is
brought upon this bond, such reasonable attorney's fees to the City as shall be
fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and
corporations named in Section 3181 of the Civil Code of the State of California so as
to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition of the terms of the Contract or to
the work to be performed thereunder or the specifications accompanying the same
shall, in any way, affect its obligations of this bond, and it does hereby waive notice
of any change, extension of time, alteration, or addition to the terms of the contract
or to the work or to the specifications. Said Surety hereby waives the provisions of
Sections 2819 and 2845 of the Civil Code of the State of California.
Payment Bond 1320-1
IN WITNESS WHEREOF, the Principal and Surety have executed this
instrument under their seals
this 16TH day of FEBRUARY , 2023, 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.
ACE ELECTRIC, INC.
Principal
(Seal)
Si ure f ncipal
CHRISTOPHER HINDS, CO -CEO
Title of Signatory
NATIONWIDE MUTUAL INSURANCE COMPANY
Surety
(Seal)
Signature for Surety
MARK D. IATAROLA, ATTORNEY -IN -FACT
Title of Signatory
500 NORTH BRAND BOULEVARD, SUITE 2000
GLENDALE, CA 91203
Address of Surety
949/606-3819
Phone # of Surety
SARA POPLAWSKI
Contact Person for Surety
Payment Bond 1320-2
California All -Purpose Certificate of 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 . S.S.
On 2/17/2023 before me, C. Powell, Notary Public
personally appeared Christopher Hinds
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.
OPTIONAL INFORMATION
0MV
C. POWELL
Notary Public - California
San Diego County f
Commission $ 2366290 Comm. Expires Jul 18, 2025
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Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
Individual(s)
LI Attorney -in -fact
® Corporate Officer(s)
n
El
El
El
Guardian/Conservator
Partner - Limited/General
Trustee(s)
Other:
representing:
Additional Information
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
form(s) of identification ILA credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
u Additional Signer r Signer(s) Thumbprints(s)
., ,_.:"t —2, 71,5 Notar'� ! ^.•,['?3itl� %:"1i .,. AllRligh's Re."" 'ived . C X "an Put Cii E."(; copi(:. i € J this f rn- Irani ')ur?vCb �Itb t'.i�•vpy,,.-,T'i(A,` iw `'tove. o,11
5_,
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
On
SAN DIEGO
2/16/2023 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared MARK D. IATAROLA
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names} is/aesubscribed
to the within instrument and acknowledged to me that he/eheAl-t" executed the same in his/*e4heinF
authorized capacity6es), and that by his/"A„ei; signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(a) acted, executed the instrument.
TRACY LYNN RODRIGUEZ
r"
Z
COMM.#2318838
SAN DIEGO COUNTY
NOTARY PUBLIC-CALIFORNIAZ
Q5
MY COMMISSION EXPIRES
JANUARY 11, 2024
Place Notary Seal and/or Stamp 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 and official seal.
Signature
Sig ture "otanWublic
A 11T�A\� A I
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual M Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
02017 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
HELEN MALONEY; JOHN G MALONEY; MARK D IATAROLA; SANDRA FIGUEROA; TRACY LYNN RODRIGUEZ;
each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
r
+p ram.
STATE OF NEW YORK COUNTY OF NEW YORK: ss
r
On this 20th day of August, 2021, before me came the above -named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
r�
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
Notary Public, State of New York
No. 02MC6270117
Qualified in New York County
Notary Public
Commission Expires October 19, 2024
My Commission Expires
October 19, 2024
CERTIFICATE
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 16TH day of
FEBRUARY 2023
Assistant Secretary
BDJ 1(08-21)00
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of
work on the Contract, the Contractor shall sign and file with the City the following
certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract."
a . — rl'�
0)-C
Title
,�//1/;-0>3
Date
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 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).
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 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.
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)
$1,000,000 (per occurrence)
$1,000,000 (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)
$1,000,000 (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 $1,000,000 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
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.
Liability and Insurance Requirements 1340-6
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.
Liability and Insurance Requirements 1340-8
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
Exhibit A
X
ACE ELECTRIC
November 21, 2022
City of La Quinta Public Works
Attention: Dianne Hansen
Project: La Quinta Sports Complex— Pole Demo & Replacement
Dianne,
We are pleased to submit our proposal to remove two existing light poles at La Quinta Sports Complex and install two new
Musco poles. Our price is subject to the following inclusions and exclusions:
Inclusions & Clarifications:
• Take down poles E46 and E43
• Cut up and dispose of existing poles
• Leave existing bases in place; demo to one foot below grade
• Provide and install two new Musco poles next to existing bases
• Reinstall the existing ECE's and fixtures on the new Musco poles
• The two Musco poles will have capability for future LED fixtures, ball trackers, and ECE's
• Reuse existing electrical feeds to new poles
• Prepare and submit drawings for DSA approval
• Structural design and engineering
• DSA permitting fees
• All required inspections
• Utility locating prior to drilling
• City to shut off water and mark out irrigation heads 1 week prior to performing work
• Work during normal business hours
• Prevailing wages
Exclusions:
• Payment and performance bonds (1.0 %)
• Demo of existing bases beyond one foot below grade
• Trench, conduit, wire, switchgear, new electrical service to new poles
Demo Existing Poles: $10,700
Provide and Install Two New Poles: $244,100
Sincerely,
Christopher A. Hinds
P.O. Box 601071 Lic. No. 835109 A, C10 - DIR #1000001519 Tel (619) 814-4760
San Diego, CA 92160-1071 www.AceElectriclnc.com chris.h@AceElectriclnc.com
CONSENT CALENDAR ITEM NO. 8
City of La Quinta
CITY COUNCIL MEETING: January 17, 2023
STAFF REPORT
AGENDA TITLE: APPROPRIATE MEASURE G FUNDS AND AWARD CONTRACT
TO ACE ELECTRIC FOR THE SPORTS COMPLEX LIGHTING REPLACEMENT
PROJECT NO. 2022-04
RECOMMENDATION
Appropriate $50,000 in Measure G funds and award a contract to Ace Electric
for the Sports Complex Lighting Replacement Project No. 2022-04, located at
the La Quinta Sports Complex; and authorize the City Manager to execute the
contract.
EXECUTIVE SUMMARY
This project will remove and replace two failing light poles at the Sports
Complex with energy efficient light poles. (Attachment 1).
• Ace Electric provided a quote of $254,800 (Attachment 2).
• The Sports Complex fields are heavily utilized by the La Quinta Youth
Sports Association (LQYSA) for evening youth baseball and softball
activities. Temporary support for the existing light poles, or temporary
lighting will be needed in the interim.
FISCAL IMPACT
This project is included in fiscal year (FY) 2022/23 Capital Improvement
Program (CIP), which allocates $250,000 of Measure G Funds for the
replacement of the poles. Due to cost increases in materials, additional
funding in the amount of $4,800 is needed for the pole removal and
replacement. Staff requests appropriation of $50,000 in additional Measure G
funds for the materials increase and the interim pole support or temporary
lighting.
BACKGROUND/ANALYSIS
The Sports Complex Lighting Replacement Project No. 2022-04 (Project) was
included in FY 2022/23 CIP when two light poles were identified as failing.
These poles are beyond their useful life of 30 years and need to be removed
EVA
and replaced with safe and energy efficient lighting. Ace Electric is the
subcontractor for Musco Lighting, who is the leader in sports field lighting and
the original designer/fabricator for the Sports Complex lights. In order to
maintain compatibility and consistency with the remaining existing lights, the
replacement of the aging infrastructure is recommended to be completed by
the same subcontractor as a select source (Attachment 3).
The sports fields are heavily utilized by the LQYSA in the evenings for youth
baseball and softball activities, as well as school activities for the adjacent La
Quinta Middle School and Harry Truman Elementary School. The lead time for
the completion of Musco review and new light poles is approximately eight (8)
months. The two failing light poles will need to either be temporarily
supported, or removed and temporary lighting installed, to ensure safe use of
the fields. The interim costs and increased material costs were not anticipated
when the project budget was initially prepared.
Staff requests an additional $50,000 in Measure G funding for the additional
interim lighting costs and increased material costs. Staff is currently
identifying the best interim solution and completing geotechnical
investigation, however, recommends beginning the Musco review and material
purchase process to expedite the light pole replacement.
Contingent upon council approval, the following is the project schedule:
Council Considers Project Award
Contract, Geotech, Engineering,
and Long Lead Materials
Construction (10 Working Days)
Accept Improvements
ALTERNATIVES
January 17, 2023
January 18 to September 25, 2023
September 26 to October 11, 2023
November 2023
Staff does not recommend an alternative.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Ace Electric Quote
3. Select Source Justification Form
ER