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05298 - CONTRERAS CONSTRUCTION CP 06-10 FIRE STATION 1 PARKING LOT
DOG # 2006-0573880 08/04/2006 08:00R Fee:NC Page 2 of 2 Recorded in Official Records County of Riverside Larry W. Ward Assessor. County Clerk 6 Recorder 111111111111111111111111111111111 HE 1111111111111111111111 5 R U PAGE SIZE DA MISC LONG RFD COPY M A L 1 465 426 POOR NCOR SMF CHGf exA.m e Recording Requested By And When Recorded Return To.- City of Palm Springs Attn:City Clerk �09 P.O.Box 2743,Palm Springs,CA 92263-2743 (SPACE ABOVE THIS LINE FOR RCCORDING USE) (EXEMPT FROM RE,CORDING FEE PER GOV.CODE§6103) NOTICE OF COMPLETION NOVICE IS HEREBY given that= 1. The City of Palm Springs,California,is a municipal corporation,organized and incorporated pursuant to the laws of the Stale of California. 2. The City Clerk of the City ofPalm Springs is authorized and directed to execute,on behalf of said City,any and all Notices of Completion. 3. The address ofthe City of Palm Springs is Cityltall,3200 E.Tahquitz Canyon Way,Palm Springs,California(P.O.Box 2743,Palm Springs, CA 92263-2743). 4_ The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 14"'day of July, 2006. 5. The name of the contractor(if named)for such work of improvement was:Contreras Construction Company,P.O.Box 1808,Indio,CA 92202. 6. The public work of improvement,which was completed in the City of Palm Springs,County of Riverside,State of California,is described as follows:Fire Station No.I Parking Lot Resurfacing 7. Nature of Interest:Fee Owner 8. The property address or location of said property is:Fire Station No.I Q 277 North Indian Canyon Drive,Palm Springs,California. 9- City Project No.06-10,Agreement Number:5298,Minute Order Number:7866 i CITY OF PALM SPRINGS: REVIEWED BY: DATED: 5"heet Maintenance Manager Cif/ BY= DATED: 6 d Director of Public Works/City Engineer David J.Baraldan JAMES THOMPSON,being duly sworn,says: That he is the City Clerk ofthe aforesaid City of Palm Springs,California,the corporation that executed the foregoing notice; that he makes this verification on behalf of said corporation; that he has read the foregoing Notice of Completion,and knows the contents thereof,and that the facts stated therein are true; that as said City Clerk,he makes this ve�' tlon on behalf of said municipal corporation. City Clerk-James Thompson—m q Index No. 1106 a-` o� CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Contreras Construction Company Date:- July 24, 2006 P,O. Box 1808 Project No.: C.P- 06-10 Indio, CA 92202 Project Name: Fire Station No. 11'arking Lot Seal Change Order No.: One- Final Attn: Henry Contreras Contract Purchase No.: 616351 Account Number(s): 261 - 3600- 53025 Agr.#5298 M-O. #7866 Res.# A. CHANGES IN WORK: New Items to Contract quantity, Item No. 1. B. CHANGES IN CONTRACT COST: Remove additional asphalt, grade and compact and pour 5 in, to 7 in.thick Whitetopping concrete;Adjust — - and-provide`,ramaand cover f6r-sawer-clean-out; Adjust grade and-compact-for 3 e1jtteirooidrains_and1_.______ air condition outlet condensation drain pipe Lump Sum $ 867.90 TOTAL CHANGE ORDER $ 867.90 NOTE: No additional markup will be added to any items in this Contract Change Order. All cost per each item are final, C. REASON FOR CHANGE: During the construction of the parking lot,the contractor found 3 outlet roof drains and 1 air condition outlet condensation drain pipe going through the existing perimeter sidewalk.Also,the contractor found, exposed, provided a frame and cover and adjusted to grade a sewer clean-out.To establish adequate slope for on-site drainage forthe existing outlet pipes and flow line of the parking lot,The Contractor had to remove additional asphalt, grade and compact and pour 5 in. to 7 in. thick Whitetopping concrete in lieu of 4 in. thick Whitetopping concrete per the contract- D.SOURCE OF FUNDS: Fire Capitol Improvement 261 - 3600- 53025 $ 867.90 Summary of Costs Contract Time Original Contract Amount: $ 38,760-00 Original Completion Date: July 14, 2006 This Change Order: $ 867,90 Days Added for this C.C.O.: 0 Previous Change Order(s): $ 0.00 Previous Days Added: 0 Revised Contract Amount: .$_ -39,627.90 Revised Completion Date: July 14.2006 1 have received a copy of this Change Order and the City Approval: _- above REED PRICES acceptable to the Submitted By ate contr _ Street intenanc Manager , B r Approved By M Date �a-/'E ity Engineer Title , y1� Approved by City Manager -- Date �t 4a Attes a�� City Clerk Distribution: Executed Original: Execute Copy: - - (1)City Clerk (1)Pay File (1)Contractor (1)Project File (1)Inspector's File = I.,UI 1L1-1 a., l�ui isu uULIUII CP 06-10 Fire St. 1 Pkg. Lot AGREEMENT #5298 MO 7866, 6-7-06 CITY OF PALM SPRINGS -- CONTRACT SERVICES AGREEMENT FOR Fire Station No. 1 Parking Lot Resurfacing THIS CONTRACT ERVICES AGREEMENT (herein "Agreement"), is made and entered into this_ a day of Wb 2006, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Contreras Construction, (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City Entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses,Permits.Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees,assessments,taxes penalties or interest levied,assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, I;b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, (papers,documents,plans,studies and/or other components thereof to prevent losses or damages, • 1 and shall be responsible for all such damages,to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations underthis Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirty-Eighty Thousand Seven Hundred Sixty Dollars, ($ 38.760.00 ) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump Sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs,telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1 st)working day of such month, Contractor shall submit to the City in the form • approved by the City's Director,of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 2 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires,earthquakes,floods,epidemics,quarantine restrictions,riots,strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay, The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement,however caused,Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)year from the date hereof,except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Pete Agres, Street Maintenance Manager It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with 3 any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain,at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. 4 (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit B. All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers,employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer, No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages-and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions,suits,claims,damages to persons or property, losses,costs,penalties,obligations,errors, omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder,or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered againstthe City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor (hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees (harmless therefrom; (c) In the event the City,its officers,agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its ,officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed,Contractor shall promptly notify the Contract Officer of said fact,circumstance,technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services,the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare,such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties,by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative, Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in 7 the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Two Hundred Fifty Dollars ( 250.00 ) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days'written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees eohall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES. NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in-any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs,executors, assigns, and all persons claiming under or through them,that there shall tie no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration:Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements,agreements and understandings, if any,between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or Linenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SIGNATURES ON NEXT PAGE • 9 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the (lata;first written above. - . CITY OF PALM SPRINGS ATTEST: a municipal corporation ' ,Clerk City Manager ApPRQVED E1 COUNCIL CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: O e from each of the following. A. Chairman of Board, President, or any Vice Flresident:y�B.Secretary,Assistant Secreta reasurer,Assistant Treasurer,or Chief Financial icer). By. Xh By /t!r w / Signature(notarized) Signature(notarized) NanI fl 4'1 ?UZ 6 Cc,,, r'er,,-S Name: eu b�e F l(l� 06)0 '$"_-= 43 o� c fi+lL Title: 1`��✓.�! ��"t� Title: S�_ �' Address: 70 2-;� O y ( 0� Address ` fl • r5 Oxe State of C.ra�l i-Gorn l a I State of Ca 1110 r Iu Q.I f 1 Countyof igerSlje.•Iss County of R iU2-CSIdC ss On Db0.511 r \\ '' �/J� "'2001p y 1�bbeforeme, rirrl E�Dv1ne NoIMNrdbire pr�U.nC before me, l .�f Y1 �DUY PUi��D1( � 9'rJbl20 I T /� personally appeared lshrw ue, Co tm+reraS r�personally appeared ISu beY\ �_ I.,OVl 2-(rCLs perseaal4y-knowa�_xrei or proved to me on the basis of (or proved to me on the basis of satisfactory evidence)to be the person(owhose name(s)is/are satisfactory evidence)to be the person(s)whose names)is/are subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/she"executed the same in his/he6their authorized that he/shekheyexecuted the same in his/herltheirauthorized capacity",, and that by his/hefteiG signature(s) on the capacitykiae}, and that by histhentheir signature(s) on the instrument the persorI or the entity upon behalf of which the instrument the person(&),or the entity upon behalf of which the person(a)acted,executed the instrument. person(spacted,executed the instrument. WITNESS my hand and //official seal. WITNESS my hand and officialseal.�( Notary Signature: l��Ah�ei��� Notary Signature: 1 t 'OU Notary Seal: Notary Seal: QgIr ��69J C MYC RWerslgy Cole CAM«Mar26,201 Csrlrndnien 11649503 Notary Pul*c•C0111 o Rmed countyPROS 10 EXHIBIT "A" SCOPE OF SERVICES Remove and dispose designated locations of existing asphalt; Construct 4 in. Whitetopping, complete and in place, including striping at City of Palm Springs Fire Station No. 1; Mobilization, Traffic Control, PM-10 Requirements*, Call USA Alert, and all appurtenant work. 11 EXHIBIT "B" SPECIAL REQUIREMENTS The work shall be done in accordance with the Standard Specifications for Public Works Construction "Greenbook", 2003 Edition. , Sere Article 5.0 INSURANCE,INDEMNIFICATION AND BONDS for insurance and bond requirements. See attached for whitetopping specifications. No prevailing wage will be required for this work. The Contractor and all oi its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City's Municipal Code. The Contractor will be issued a NO FEE construction permit by the City of Palm Springs for this repair work. *PM-10 Requirements will be as follows: (1) On-site water truck to control dust and track-out as needed per City Municipal Code 8.50.021 (2) No Dust Control Plan is required (21) No AQMD sign is required (4) Soil or other potential dust generating materials transported onto orfrom the site using public streets, shall first be watered sufficiently to prevent generation of dust and then covered so as to prevent any spillage during transport. If deemed necessary, the Public Works and Engineering Division may specify additional measures It shall be the Contractor's responsibility to protect all existing improvements.The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work, and the Contractor, at its expense, shall make any repairs that result from its operation,to the approval of the Engineer and the subject property owner. Contractor is required to comply with and all construction requirements of the Special Provisions, attached hereto as "Exhibit V. Contractor is required to comply with the Site Plan and Drawing Details, Sheet 1, Plan Number 96-1-12. 12 EXHIBIT "C" SCHEDULE OF COMPENSATION 1 Rear area of Fire Station No. 1 - Remove and dispose designated locations of existing asphalt; Construct 4 in. Whitetopping, complete and in place, at City of Palm Springs Fire Station No. 1; Mobilization, Traffic Control, PM-10 Requirements', Call USA Alert, and all appurtenant work. $5.10 SF 4,800 SF $24,480.00 2 Parking Bay area - Remove and dispose designated locations of existing asphalt; Construct 4 in. Whitetopping, complete and in place, including striping at City of Palm Springs Fire Station No. 1; Mobilization, Traffic Control, PM-10 Requirements *, Call USA Alert, and all appurtenant work. $5.10 SF 1,000 SF $ 5,100.00 3 Entrance area to Fire Station No.1 -Remove and dispose designated locations of existing asphalt; Construct 4 in. Whitetopping, complete and in place, at City of Palm Springs Fire Station No. 1; Mobilization, Traffic Control, PM-10 Requirements', Call USA Alert, and all appurtenant work. $5.10 SF 1,800 SF $ 9,180.00 Contract Total $ 38,760.00 13 EXHIBIT "D" SCHEDULE OF PERFORMANCE 5 working days to complete the work. Work to be completed by June 30, 2006. See Article 7.0 ENFORCEMENT OF AGREEMENT, for liquidated damages. 14 EXHIBIT "E" CITY OF PALM SPRINGS, CALIFORNIA PUBLIC WORKS & ENGINEERING DEPARTMENT SPECIAL PROVISIONS FOR CONSTRUCTION OF THE: FIRE STATION NO. 1 PARKING LOT IMPROVEMENTS CITY PROJECT NO. 06 - 10 IN THE CITY OF PALM SPRINGS MAY 2006 O� PALM s An V (/1 m RPo A-10 I FO R,A\P David J. Barakian, P.E., City Engineer Dated: May 31, 2006 15 EXHIBIT "E" SECTION 10 -- CONSTRUCTION DETAILS 10-4 PORTLAND CEMENT CONCRETE 10-4.1 Materials. Portland Cement Concrete of the class and type shown on Specifications shall be used to construct new surfacing, curb, access ramps, and sidewalk. Where class and type are not specified in the Specifications, Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction. At the Contractor' s option, fiber-reinforced concrete conforming to the specifications below may be used for construction of all concrete improvements. 10-4.2 Concrete Pavement - "White Top". 10-4.2 .1 General 10-4 . 2 . 1. 1 Reference Organizations ACI - American Concrete Institute PCA - Portland Cement Association ASTM - American Society for Testing and Materials 10-4.2.2 Products 10-4.2. 2 . 1 Concrete - Comply with ASTM C94 and the following requirements : 10-4 . 2 . 2 . 1 . 1 Strength - Specified compressive strength shall be 4, 000 psi at (28) days with a maximum water cement ratio of 0 . 48 . 10-4 . 2 . 2 . 1 . 2 Aggregates - Maximum aggregate size shall not exceed 1" and will comply with ASTM C-33 . 10-4 . 2 .2. 1. 3 Cement - Type I/II and will comply with ASTM C-150 10-4 . 2 . 2 . 1. 4 Slump - Shall not exceed 4" using normal water reducing agents but may go up to 6" by using a mid range or high range water reducer. 10-4 . 2 .2 . 1 . 5 Fiber Reinforcement - Virgin polypropylene fibers containing no reprocessed olefin materials and specifically manufactured for use in concrete. Addition rate of fibers shall provide a minimum of 80 psi average residual strength utilizing a modified ASTM C-78 third point beam loading procedure. FIRE STATION NO. 1 PARKING LOT IMPROVEMENTS 16 CONSTRUCTION DETAILS CITY PROJECT NO.06-10 SECTION 10-PAGE 1 MAY 2006 EXHIBIT "E:" 10-4 . 2 .2 . 1. 6 Submit documentation describing concrete mixture proportions . 10-4 .2 . 2. 2 Membrane - Forming curing compounds Comply with ASTM C-309, Type 2 Class A 10-4 .2 . 2 . 3 Isolation Joint Material Comply with ASTM D-1751 or ASTM D-1752 . 10-4 . 2 .2 . 4 Forms - Forms shall be made of steel or wood or other material capable of supporting mechanical concrete placing equipment without settling vertically, bowing inward/outward or crushing. Forms shall have sufficient rigidity to maintain specified tolerances and shall be clean and free of dirt, rust and hardened concrete. 10-4 .2.3 Execution 10-4 . 2 . 3. 1 Contractor shall ensure that the existing pavement surface is free of debris and loose materials . 10-4 ..2. 3. 2 Pot holes and holes resulting from tree removal and from trenching shall be filled with crushed miscellaneous base material and thoroughly compacted with mechanical compaction equipment. Alternatively, flowable fill may be poured in holes and depressions to insure adequate support without compaction. Large areas that exhibit severe subgrade failure shall be excavated and the unsuitable material replaced by compacted crushed miscellaneous base or flowable fill . 10-4 . 2 . 3 . 3 Grade for the overlay shall be set to provide a minimum of 1/8 inch per foot of fall. 10-4 �2 . 3 . 4 Minimum concrete thickness 4 inches . 10-4 . 2 . 3. 5 Setting Forms 10-4 .2 . 3. 5 . 1 Set, align and brace forms so that the pavement will meet the tolerances specified. 10-4 .2 . 3. 5. 2 Apply form release agent to inside face of forms prior to placement of concrete . 10-4 . 2 . 3 . 5 . 3 The edge of previously placed concrete may be used as a form. Do not apply form release agent to previously placed concrete. FIRE STATION NO. 1 PARKING LOT IMPROVEMENTS 17 CONSTRUCTION DETAILS CITY PROJECT NO.06-10 SECTION 10-PAGE 2 MAY 2006 EXHIBIT °E_" 10-4 . 2 . 3. 6 Batching, mixing and transporting concrete. Comply with ASTM C-94 10-4 . 2 . 3. 7 Placing and finishing 10-4 . 2 . 3. 7 . 1 Deposit concrete directly from the transporting equipment between the forms to a uniform height. 10-4 . 2 . 3. 7 . 2 Vibrate or spade concrete to remove voids and air pockets. Do not move concrete horizontally with vibrator. 10-4 .2 . 3 . 7 . 3 Strike off concrete between forms using a form riding vibrating screed. Other strikeoff devices may be used when accepted by the engineer. 10-4 .2. 3 . 7 . 4 After strikeoff, finish concrete with a bullfloat . Remove excess water and laitance. Finish the pavement to the elevations and thickness specified by the engineer in the project drawings. 10-4 .2 . 3. 8 Edging - Edge top surface edges to a radius of 1/4 inch. 10-4 . 2 . 3. 9 Final surface texture - Broom concrete surface with a steel or fiber broom to produce corrugations between 1/1 6 and 1/8 inch deep broom perpendicular to nearest edge of pavement. Broom all areas of a panel in the same direction. Use the same type and manufacturer of broom for all paved surfaces to provide consistent appearance. Other methods of producing final surface texture may be used when specified or accepted by the engineer. 10-4 ,. 2 . 3 . 10 Curing - Apply membrane-curing compound Type 2 to all exposed surfaces at a minimum coverage rate of 200 square feet per gallon. Apply curing compound immediately after final surface texture has been obtained. Apply curing compound to pavement edges after forms have been removed. Alternate curing methods may be used when specified or approved by the engineer. FIRE STATION NO.1 PARKING LOT IMPROVEMENTS 18 CONSTRUCTION DETAILS CITY PROJECT NO.06-10 ,SECTION 10-PAGE 3 MAY 2006 EXHIBIT "E" 10-4 . 2 . 3 . 11 Jointing 10-4 . 2 . 3 . 11. 1 Joints should be laid out to form approximate square panels . Panels should not exceed 8 ft. x 8 ft. unless specified by the engineer. 10-4 . 2. 3 . 11. 2 Joints may be saw cut in the concrete as soon as the concrete has hardened sufficiently to prevent aggregate from being dislodged. All joints should be cut to a depth of 1/3 the slab thickness unless otherwise approved by the engineer. 10-4 . 2 . 3 . 11 . 3 Joints should run continuously through the paved area. 10-4 . 2 . 3 . 12 Protect pavement from damage. 10-4 .2 . 3. 13 Pavement may be opened to vehicular traffic when the concrete compressive strength exceeds 3, 000 psi, unless otherwise approved by the engineer. 10-4.2 .4 Measurement and Payment 10-4 . 2. 4 . 1 Payment for white top pavement shall be made at the unit price bid per square foot for "Construct 4" P. C.C. `White Top' Pavement, and shall constitute full compensation for all equipment, materials, labor, batch plant operations, furnishing all transportation, hauling, spreading, forming, and protecting improvements, including installation of crushed miscellaneous base and preparation of subgrade as necessary, complete and in place, in accordance with these special provisions. FIRE STATION NO. 1 PARKING LOT IMPROVEMENTS 19 CONSTRUCTION DETAILS CITY PROJECT NO.06-10 SECTION 10-PAGE 4 MAY 2006 BOND# 725788P Premium: $581.00 *Premium is for PERFORMANCE BOND contract term and subject to adjustment based on final contract KNOW ALL MEN BY THESE PRESENTS, that Contreras Construction , as Contractor, and price. Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of Palm Springs, a Charter City, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: Thirty Eight Thousand Seven Hundred Sixty Dollars L$08.7601 for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: FIRE STATION NO. 1 PARKING LOT RESURFACING CITY PROJECT NO. 06-10 NOW THEREFORE,if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part,at the times and in the manner specified herein,then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED,that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE Page 1 of 2-Performance Bond BOND# 725788P CONTRAO, TOR: Contreras-Construcfion By: / By: Zd ed L far Signature(nuYartzdd) ° Signature(notarized) Name: L"t r(cz ;,2u_ Co . C_esv ( rPra'a<, Name: u� r C'c , eL3�1 t.t5 Title: �'y'E^Sa c'n )- Title:_ C - -r ' r Ae VvA— E'C C +'Z(r l� (Two notarized signatures are required by Corporations: (Two notarized signatures are required by Corporations:-. This Payment Bond must be signed in the above space by one of This Payment Bond must be signed in the above space by one of - the following: Chairman of the Board, President or any tc the following:Secretary,ChiefFinancial Officer or any Assistant President) Treasurer) State of I State County _- -County of Iss n County of Iss - - ` - On— 5 before me, On before me, personally appeared personally appeared personally known to me (or proved to me on the basis of personally (mown to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)is/are satisfactory evidence)to be the persons)whose name(s)is/are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized he/sbe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: `ISX Notary Seal: Notary Seal: ell Surety and Indemnity Company Surety: ere Title: Attorney—in—Fact On before me, Notary Seal: personally appeared • personally (mown to me (or 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. WITNESS my hand and official seal. Notary Signature: Page 2 of 2-Performance Bond I •1 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON 1. � C7 l 2006 BEFORE ME, YVONNE R. ORTIZ - NOTARY PUBLIC, PERSONALLY APPEARED ANN WILLARD personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed WONNE R.ORTIZ to the within instrument and acknowledged commission r 1462491 $ -ee = to me that he/she/they executed the same inNotary Public•CaliforniaRiverside County his/her/their authorized capacity(ies), and that My Comm.ExpiresJan13,2f)OB by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of SEAL which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Riverside On June 21 , 2006 before me,Ramon Carlos Diaz (Notary Public) Dale Name and Tlda of Officer(a.g.,'Jana Doe,Notary Public') personally appeared Enrique G. Contreras & Ruben Contreras • I. Name(s)of Slgnor(s) I IN personally knowq to me ❑ proved to me on the basis of satisfactory f evidence pygptl U I to be the person(s) whose name(s) 41are ComrolsstonM1462473 subscribed to the within Instrument and NORNYftft-Calllorria acknowledged to me that4zelsltie/they executed RNW**CW* the same In hisltia./their authorized 0MVC0mra-ExP[FesJan13.200B capacity(les), and that by his/her/their slgnature(s) on the Ins pment the person(s), or the entity upon beha f which the person(s) acted, executed the I s rumlent. WITNESS my hand n icial seal. 9 Place Notary Sul Above Slgnatur of Not P lc I I• I OPTIONAL Though the information below Is not required bylaw, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of(his form to another document. Description of Attached Document Title or Type of Document: Performance Bond(Fi're Station #1 ) I Document Date: 0 6/21 /0 6 Number of Pages: 2 I' $igner(s) Other Than Named Above: Capaclty(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limped ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I I ❑ Other. Signer Is Representing:Contreras Construction, Co C 1999 INC"Nolary Aaa mt n•9350 De Solo AV,.,Ro.Sax 2109•Clu4woNl,CA 913139109•wwx.nallouW Wy.or9 Prue.No.5907 RawWr,Call Toll-Fran 1�076 27 BOND# 725788P Premium included in Performance PAYMENT BOND Bond. KNOW ALL MEN BY THESE PRESENTS, that Contreras Construction , as Contractor, and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of Palm Springs, a Charter City, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the stun of: Thirty Eight Thousand Seven Hundred Sixty Dollars ($M,760) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: FIRE STATION NO. 1 PARKING LOT RESURFACING CITY PROJECT NO. 06-10 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment 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 amounts due under the Unemployment Insurance Code,or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials,provisions,provender, equipment or other supplies, appliances or power used in,upon, for or about performance of the work contracted to be executed or performed, or any person,company or corporation renting or hiring implements or machinery or power for or contributing to said work to be dame,or any person who performs work or labor upon the same,or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws,then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth and also will pay, in case suit is brought upon this bond,a reasonable attorney's fee,as shall be fixed by the Court.This bond shall inure to the benefit of any and all persons 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. PROVIDED,that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE Page 1 of 2-Payment Bond BOND# 725788P GONTR,AOTOR: Contreras Construction gn.^itme(notarized]"_ Signature(notarized) Name: )n L, c-, �. _ Name: Title; t f_. , I f} : i Ae V"�__- M �: ,r_�l L (Two notarized signatures are required by Corporations: (Two notarized signatures are required by Corporations: This Payment Bond must be signed in the above space by one of This Payment Bond must be signed in the above space by one of the following: Chairman of the Board, President or any Vice the following:Secretary,ChiefPinancial Officer or any Assistant President) Treasurer) State of I State of f County of __Iss County of Iss On before me, On before me, personally appeared personally appeared personally known to me (or proved to me on the basis of personally (mown to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. _ lt/ WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: Sure Ty: D e 'opers Surety and Indemrrlity Company Ann _ i _ar 'Title; Attorney-in-Fact On before me, Notary Seal: personally appeared personally known to me (or 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. WITNESS my hand and official seal. Notary Signature: Page 2 of 2.Payment Bond STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON (je ` 2006 BEFORE ME, YVONNE R. ORTIZ - NOTARY PUBLIC, PERSONALLY APPEARED ANN WILLARD personally known to me (or proved to me on the basis of satisfactory evidence) to be WONNE R.ORT2 the person(s) whose name(s) is/are subscribed Commission taazavt z .-b NotaryPublic%California to the within instrument and acknowledged Riverside county to me that he/she/they executed the same in My Comm.Expires Jan 13,2009 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 SEAL which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature J/ ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I 1' I State of California ' County of Riverside ss. June 21 , 2006 Ramon Carlos Diaz (Notary Public) On before me, Dale Name and Ttla of Oillm(e.g.,'Jan.Doe,Notary Publlo) personally appeared Enrique G. Contreras & Ruben Contreras Nema(6J of Slgnar(s) ! 9 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) =1s/are RAMONCARLOSpIAi subscribed to the within Instrument and CanmMfion#1462473 acknowledged to me that kiet1sh /they executed W NolaayFuM-Ca1lonpa the same In 'hi f /thelr authorized RW*nW'COS' capacity(les), and that by trtsfher/their MyComm.EVIlm lan13,200! slgnature(s) on the Instru ent the person(s), or the entity upon behalf f which the person(s) acted, executed the ins rument• WITNESS my hand an bTo' ll seal. Place Notary Seal Above Slgnalure Notary ub c ' I I OPTIONAL I. Though the Information below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond (Fire Station #1 ) I Document Date: 0 6/21 /0 6 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claim_ ed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ GeneralI ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I' I ❑ Other: Signer Is Representing: Contreras Construction, Co. 01999flat"NouryA lallan•9M De Solo Ave.,Re.Box 24M,CMhwodh,CA 9131S2402�w raliMtlnoler ory Prot.No.5N7 Feo,oer.Cal Toti-Free 1- 076-6927 i POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVPNE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** Ann Willard, Diane M. Nielsen, Van G. Tanner, Jeanette McCulloch, jointly or severally*** as their Ime and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorrrey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shell be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking,or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. BY .`� AND N• MPANyO David H.Rhodes,Executive Vice-President e`PF;••" ..........�A°' � PPOR O ,Al v0 qT y ci OCT.5 ���i1�.�.•(�v fl`! [ om.i 10 a ti W 1967 1936 a By Walter A.Crowell,Secretary '•c•'�7••, / ,Ly O2 C'qy/FOP��P '„ �p....OW P,.•�*� *11 ... ,�, STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or 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(ics),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. WITNESS my hand and official seal. GINA L.GARNER ,,,, ,, COMM.# 1569561 Signature C��" ' (SEAL) 3 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY I► My comet.expires Mey 13 2009 y CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of die date of this Certificate. This Certificate is executed in the City of Irvine,California,the 21 s Way of June 2006 By /l Y Albert Hillebrand, Assistant Secretary ID-1380(Rev.12/05) - Client#:_411NTCON 6/1 �"'AC0RDT„j CERTIFIC E OF LIABILITY INSUR NCE DATE PRODUCER >,7 i,.k-'I li:L 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Desert Empire Insurance .;I i Y (T i' i';�I_'`0 ;, ":{ „ 'ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services,Inc. LIC#OF09643 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77-564 Country Club Drive "1006 Al� � �,) ��'� '�; Ijij Palm Desert,CA 92211 INSURERS AFFORDING COVERAGE NAIC# INSURED ,r A!'-�IL�, I ; �/I'i f IINSURERA. North American Capacity Insurance Cc 25038 Contreras Construction Co INSURER B: State Fund 35076 PO C 1808 Indioo,,CA 92201 INSURER O: Peerless Insurance Company 24198 INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER-FAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR 4DU POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMdDD1YY1 DATE MMIDD LIMITS A GENERAL LIABILITY PNG000046503 08/20/05 08/20/06 EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $50 000 CLAIMS MADE O OCCUR MED EXP(Any one person) $5 QQQ A X'. CG2010(11/85) PERSONAL 6 ADV INJURY $1000000 Additional Insured GENERAL AGGREGATE s2,000,000 GIL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP ADS s2000000 POLICY PELT LOG C AUTOMOBILE LIABILITY CBP9886100 08/20105 08/20/06 COMBINED SINGLE LIMIT $1 rQQQrQQQ X ANYAUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peraccidenl) $ PROPERTY DAMAGE $ (Peraccidenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGE, S A EXCESSIUMBRELLA LIABILITY PNX200001703 08120/05 08/20/06 EACH OCCURRENCE $1,000,000 X OCCUR CLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE S RETENTION $ $ IS WORKERS COMPENSATION AND 046001261706 01/01/06 01/01/07 X I WCSTATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 I ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMSER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 byes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Palm Springs is named as additional insured.A 10-day notice of cancellation applies for non-payment of premium.FAX:323-8238 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN 3200 E.Tahquih Canyon Way NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Palm Springs,CA 92263 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZEEDr REPRESENTATIVE ACERB 25(2001108)1 of 2 #S88199/M87181 2GGRE © ACORD CORPORATION 198E LICENSE#OF09643 POLICY NUMBER: PNC0000465-03 COMMERCIAL GENERAL LIABILITY Contreras Construction Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Narne of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured and only if required of the Named Insured by written contract. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 Client#: 375 2CONTCON ,ACORD.r CERTIFICATE OF LIABILITY INSURANCE 062„Zoos Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Desert Empire Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services,Inc. LIC#OF09643 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77-564 Country Club Drive Palm Desert,CA 92211 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA North American Capacity Insurance Co 25038 Contreras Construction Cc INSURERB, State Fund 35076 PO Box 1808 INSURER C' Peerless Insurance Company 24198 Indio, CA 92201 wN"RE'D . SURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSRADD' TYPE OF POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE M DDAO( ATE MMIDDI V A GENERAL LIABILITY PNG000046503 08/20/05 08/20/06 EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPRFMI.qrs Ea $50 OOO CLAIMS MADE 51 OCCUR MED EXF(Anyone person) $$000 A X CG2010(11/85) PERSONAL&ADV INJURY $1000000 Additional Insured GENERAL AGGREGATE $Z OQO OOO GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGG s2,000,000 POLICY PRO- LOG JECT C AUTOMOBILE LIABILITY CBP9886100 08/20/05 08/20/06 COMBINED SINGLE LIMIT )( ANYAUTO (Ea aenidart) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ )( HIRED AUTOS BODILY INJURY $ X NON OWNEDAUTOS (Peraccldent) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGO $ A EXCESSIUMBRELLALIABILITY PNX200001703 08/20/05 08/20/06 EACH OCCURRENCE $1000000 ){ OCCUR CLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE S RETENTION S S B WORKERS COMPENSATION AND 046001261706 01/01/06 O1/O1/O7 XWC STATU- OTH- EMPLOYERS'LIABILITV EL EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED4 EL DISEASE-EA EMPLOYEE $1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS re:Fire Station No. 1 Parking Lot Resurfacing,City Project No.06-10. The City of Palm Springs is named as additional insured.A 10-day notice of cancellation applies for non-payment of premium.(xref bond#725788P). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THEADOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'if)_ DAYS WRITTEN 3200 E.Tahquitz Canyon Way NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Palm Springs,CA 92263 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE .D4 P� e-QA/R 04ulwl ACORD 25(2001/08)1 of 2 #S88860/M87181 2GGRE O ACORD CORPORATION 198� LICENSE #OF09643 i 1 I I I' I IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001108) 2 of 2 #S88860IM87181 i f LICENSE#OF09643 POLICY NUMBER: PN00000465-03 COMMERCIAL GENERAL LIABILITY Contreras Construction Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured and only if required of the Named Insured by written contract. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 11 t � a w Ra ter .;} View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results Page 1 of 1 1 Rated .and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with north american capacity To refine your search, please use our Advanced Search or view our Online Help for more information. 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A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U S A http://www3.ambest.com/ratings/RatingsSearch.asp 06/21/06 Page 1 of 2 Kathie Hurt From: Troy Butzlaff Sent: June 23, 2006 12:21 PM To: Kathie Hart Subject: RE: Contreras Construction -A5298 - Fire Station 1 parking lot Kathie: Yes. I will accept the performance bond as stipulated. Troy f� Troy L. Butzlaff Assistant City Manager °+uoxa` City of Palm Springs 3200 E. Tahquilz Canyon Way Tel: (760)322-8336 P.O.Box 2743 Fax: (760)323-8207 Palm Springs, CA 92263-2743 TDD: (760)864-9527 www.ci.palm-springs.cams Tro B ci.palm_spangs.ca.us From: Kathie Hart Sent: Friday, June 23, 2006 11:03 AM To: Troy Butzlaff Cc: Jay Thompson; Carrie Rovney Subject: Contreras Construction -A5298 - Fire Station 1 parking lot Troy: In checking the insurance and bonds, it has come to my attention the payment and performance bonds are with Developers Surety & Indemnity Company with a rating of A-. Will this be acceptable? Pis advise. Thx! IC-<xP IF Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 Tahyuitz Canyon Way Palm Springs, CA 92262 06/23/06 CONTRACT ABSTRACT Contract Company Name: Contreras Construction Company Company Contact: Henry Contreras Summary of Services: CP#06-10, Fire Station#1 Parking Lot Contract Price: $38,760 Funding Source: 261-3600-53025 Contract Term: June 7, 2007 Contract Administration Lead Department: Public Works& Engineering Contract Administrator: David Barakian/Pete Agres Contract Approvals Council/Gemmumitq Redevelapmetit Agency Approval Date: June 7, 2006 Minute Order : To Be Assigned: 1 p� Agreement Number: To Be Assigned: 53 l 13 I Contract Com 1p iance Exhibits: z Laza cri��� Signatures: fnsurance: ,t l &- i eC Bonds: Contract prepared by: �iti5 Rc:,v Submitted on: (a l &(p By: