Sierra Landscape/SilverRock 06
SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the LA QUINTA REDEVELOPMENT AGENCY,
herein referred to as "Agency," and Sierra Landscape Company, Inc., herein referred to as,
"Contractor. "
WIT N E SSE T H:
----------
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. 2002-07 0, SilverRock Resort On-Site & Off-Site Native Area
Enhancements, in the City of La Quinta, California pursuant to the Invitation to Bid, dated
July 2006, the project Specifications, and Contractor's Bid, dated July 27, 2006, all of
which documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting
Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Bid shall be controlling, in that order of precedence. The time frame for
construction work shall be in accordance with that specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal
Code, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to Proceed
and agrees to have all work completed within 60 working days from the date of
Notification to Proceed.
5. In consideration of said work, Agency 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 of Nine Hundred Two Thousand, Six hundred
Eighty-nine Dollars and 00/100 ($902,689.00). 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 Agency
the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for
such workman paid by him or by any subcontractor under him in violation of this provision
(Sections 1770-1777, Labor Code of California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of
a surety satisfactory to Agency, as provided in said Specifications or Invitation to Bid, the
cost of which shall be paid by Contractor.
1300-1
8. Contractor shall defend, indemnify and hold harmless the Agency, its officers,
employees, representatives and agents ("Indemnified Parties"), from and against those
actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal
costs and attorneys' fees, for injury to or death of person(s), for damage to property
(including property owned by Agency and City) and for errors and omissions committed by
Contractor, its officers, employees and agents, which arise out of Contractor's negligent
performance under this Agreement, except to the extent of such loss as may be caused by
Agency's own negligence or that of its officers or employees. In the event the Indemnified
Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way
involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at
the Agency's option, reimburse the Indemnified Parties their costs of defense, including
reasonable attorney's fees, incurred in defense of such claim. In addition, Contractor shall
be obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties.
9. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the Agency satisfactory evidence of insurance of the kinds and in the
amounts provided in said Specifications. 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 30 days
unconditional written notice to the Agency and shall name the Agency as an additional
insured. 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 Agency $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 anyone calendar day and 40
hours in anyone calendar week, in violation of the provisions of Sections 1 810-181 5 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 Agency $500.00 liquidated
damages for each such breach committed under this contract.
12. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an
approved program in a ratio established in the apprenticeship standards of the craft
involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who
willfully fail to comply will be denied the right to bid on public projects for a period of six
months in addition to other penalties provided by law.
1300-2
13. This Contract shall not be assignable by Contractor without the written consent of
Agency.
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 Agency 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 Agency, 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 Agency
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 Agency or reimburse
the Agency 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.
1300-3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
" AGENCY"
LA GUINTA REDEVELOPMENT AGENCY
Dated:
~2~~
BC1I~+7./4!~
, Thomas P. Genovese, Executive Director
ATTEST:
::Q.x.:x:>~~ -iJ- ~Ul..S2- Dated: tLu.J .~~J ~oDIo
Deborah H. Powell
Interim Agency Secretary
APPROVED AS TO FORM:
IiljlJl--~0 Dated: Au#" )(t.20ob
/ etnc..f/counsel
Dated: ~\ ~\ ~~ 'CDNB:~CTD~~
Name:
CJeorae L. Gonzalez
Title:
Pnsident
Dated:
By:
Name:
Title:
"CONTRACTOR"
(If corporation, affix seal)
1300-4
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the La Quinta Redevelopment Agency, hereinafter designated the Agency,
has, on August 1", 2006, awarded to Sierra Landscape Company Inc., hereinafter
designated as the Principal, a Contract for Project No. 2002-07 0, SilverRock Resort On-
Site & Off-Site Native Area Enhancements, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a
bond for the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and as
Surety, are held and firmly bound unto the Agency in the just and full amount of Nine
Hundred Two Thousand, Six hundred Eighty-nine Dollars and 00/100 ($902,689.00) 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 Agency, 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.
1300-5
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this
day of , 2006, 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.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person for Surety
1300-6
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the La Quinta Redevelopment Agency, hereinafter designated the Agency,
has on August 1, 2006, awarded to Sierra Landscape Company, Inc., hereinafter
designated as the Principal, a Contract for City Project No. 2002-07 0, SilverRock Resort
On-Site & Off-Site Native Area Enhancements.
WHEREAS, said Principal is required to furnish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay
for any materials, provisions, or other supplies used in, upon, for, or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, the
Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and as
Surety, are held and firmly bound unto the Agency in the just and full amount of Nine
Hundred Two Thousand, Six hundred Eighty-nine Dollars and 00/100 ($902,689.00) 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
Agency 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.
1300-7
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this
day of , 2006, 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.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person for Surety
1300-8
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 Agency 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."
S;9natur-
........
Title
g)glc1o
Date
Workers' Compensation Insurance (Rev 1.11.06)
1300-9
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend; indemnify and hold harmless the Agency, its officers, employees,
representatives and agents ("Indemnified Parties"), from and against those actions, suits,
proceedings, claims, demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person(s), for damage to property (including
property owned by Agency and City) and for errors and omissions committed by
Contractor, its officers, employees and agents, which arise out of Contractor's negligent
performance under this Agreement, except to the extent of such loss as may be caused by
Agency's own negligence or that of its officers or employees. In the event the Indemnified
Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way
involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at
the Agency's option, reimburse the Indemnified Parties their costs of defense, including
reasonable attorney's fees, incurred in defense of such claim. In addition, Contractor shall
be obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties.
Approval of any insurance contracts by the Agency does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification. The Agency will not
be liable for any accident, loss, or damage to the work prior to its completion and
acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the
insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit
coverage verification for review and approval by the Agency 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
Agency. 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.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial
General Liability Policy, on an occurrence basis, with a minimum limit of not less than One
Million Dollars ($1,000,000) combined single limit for bodily injury and property damage
for anyone occurrence and a Two Million Dollar ($2,000,000) annual project aggregate,
for all of the following:
Liability & Insurance Requirements (Rev 1.11.06)
1300-10
a. Premises Operations, including Explosion, Collapse and Underground (X, C,
and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial
Business Auto Policy, on an occurrence basis, with a minimum amount of not less than
One Million Dollars ($1 ,000,000) combined single limit for bodily injury and property
damage, providing at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned
vehicles used in pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, including cranes, which is not covered under said
Commercial Business Auto Policy shall have said coverage provided for under the
Commercial General Liability Policy.
c. Deductible shall not exceed One Thousand Dollars ($1,000),
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's
Compensation and Employers' Liability insurance providing coverage for any and all
employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage
A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers'
Liability (Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described
in this Section hereof:
a. liThe Agency, Agency employees and officers, the City Engineer, its consultants,
elected officials, agents, and sub-consultants are hereby added as additional insured
insofar as Work done under this Contract is concerned. II
b. "This policy shall be considered primary insurance as respects any other valid and
collectible insurance, including self-insured retention, the Agency may possess, and
any other insurance the Agency does possess shall be considered excess insurance
only."
c. "This insurance shall act for each insured, and additional insured, as though a
separate policy had been written for each. This, however, will not act to increase
liability & Insurance Requirements (Rev 1.11.06)
1300-11
the limit of liability of the insuring company.
d. "Thirty (30) days prior written notice of cancellation shall be given to the Agency.
Such notice shall be sent to: Thomas P. Genovese, Executive Director
La Quinta Redevelopment Agency
P.O. Box 1504
La Quinta, CA 92247-1504
2.6 Change in Terms
The Contractor shall provide immediate written notice to the Agency 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 the location identified in Paragraph 1340-2.6.d,
Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining
the insurance requirements specified herein.
Liability & Insurance Requirements
1300-12
. Bond # 6252890
Premium: $12,527.00
SECTION 1320
PA YMENl BOND
KNOW ALL MEN BY THESE PRESENTS;
THAT the La Quinta Redevelopment Agency, hereinafter designated the Agency,
has on August 1, 2006, awarded to Sierra Landscape Company, Inc., hereinafter
designated as the Principal,' a Contract for City Project No. 2002-07 0, SilverRock Resort
On-Site & Off-Site Native Area Enhancements.
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 sam a to the extent hereinafter set forth:
First National Insurance
NOW, THEREFORE, we, the Principal, and Company of America as
Surety, are held and firmly bound unto the Agency in the just and full amount of Nine
Hundred Two Thousand, Six hunored Eighty-nine Dollars and 00/100 ($902,6B9.00) 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 OBLlGArlON 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
Agency 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 ass!gns 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.
7300-7
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this 9th
day of Auqust i 2006, 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.
Sierra Landscape Co.
Principal
(Seal)
Signature for Principal
,',
Title of Signatory
Safeco/First Nation~l Insurance Company of America
,
Surety
0WlM (hfl~
Signature for Surety (Diane M. Nielsen)
(Seal)
Attorney In Fact
Title of Signatory
PO Box 25150 Santa Ana, CA 92799
Address of Surety
(949) 860 - 6612
Phone # of Surety
Esmeralda Ureno
Contact Person for Surety
1300-8
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON ~t q~" dOQ(P
PERSONALLY APPEARED:
, BEFORE ME, LINDA CURIEL, Notary Public
DIANE M. NIELSEN
Capacity Claimed By Signer(s):
( ) Individual(s) () Corporate
( ) Partner(s)
( ) Attorney In Fact
( ) Trustee(s) () Guardian/Conservator () Other:
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 & acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
LINDA CURIEL
Commission # 1451 765
Notary Public - California f
Riverside County
MyComm. Expires Nov 20.2007
WITNESS my hand and official seal.
ALL PURPOSE ACKNOWLEDGMENT
~ S A FEe O.
r-~
POWER
OF ATTORNEY
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO BOX 34526
SEATTLE, WA 98124.1526
FIRST NATIONAL SURETY
PO BOX 34526
SEATTLE, W A 98124-1526
No. 10903
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
..........................V AN G. TANNER; PAUL W. LEWIS; MATT COSTELLO; DIANE NIELSEN; ANN WILLARD; Palm Desert, Ca'ifomia.h...................~.
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents ~f a
similar character issued by the company in the course of its business, and 10 bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 21st
day of August
, 2003
CHRISTINE MEAD, SECRETARY
~k jvtc-~\~
MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of FIRST NA TJONAL INSURANCE COMPANY OF AMERICA:
i
I
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for~at
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles ith
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authorit or
on any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, howe er,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and 0 a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, e
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
q-fb
day of -Aur s J
6o<.t>
CHRISTINE MEAD, SECRETARY
S-1049/FNEf 7/98
@ A registered trademark of SAfECO Corporalion
08/21/2003 P~F
L
Bond i 6252890
Premium: $12,527.QO
, SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the La Quima Redevelopment Agency, hereinafter designated the Agency,
has, on August 1, 2006, awarded to Sierra Landscape Company Inc., hereinafter
designated as the Principal, a Contract for Project No. 2002-07 0, SilverRock Resort On-
Site &. Off-Site Native Area Enhancements, and
WHEREAS, said Principal is required. under the terms of said Contract to furnish a
bond for the faithful performance of said Contract:
First National Insurance
NOW, THEREFORE, we, the Principal, and Company of America , as
Surety, are held and firmly bound unto the Agenoy in the just and full amount of Nine
Hundred Two Thousand, Six hundred Eighty-nine Dollars and 00/100 ($902,689.00) 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
h'eirs, 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 Agency, 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.
1300-5
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this 9th
day of August , 2006, 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.
Sierra Landscape Co:
Principal
(Seal)
"'ll
Title of Signatory
Safeco/ First National Insurance Company of America
Surety ......
(Seal)
Attorney In Fact
Title of Signatory
PO Box 25150, Santa Ana, CA 92799
Address of Surety
(949) 860 - 6612
Phone # of Surety
Esmeralda Ureno
Contact Person for Surety
1300-6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California }
County of Riverside ss.
On August 16, 2006 before me, SYNTHIA F. SALAZAR, NOTARY PUBLIC, personally
appeared GEORGE GONZALEZ, [X]personally known tq me J ]proved to me on the basis of
satisfactory evidence, to be the personW" whose nameM (;fare subscribed to the within
instrument and acknowledged to me that ~/she/they executed the same in ~!her/their
authorized capacity(i)S), and that by~er/their signature~ on the instrument the personW,
or the entity upon behalf of which the personOO acted, executed the instrument.
~~~~~~~""""'''''''''''''l
s. F. SALAZAR
1 ..... Commission /I 1568136
~ .". Notary PublIC - CaUfornla ~
. Riverside county
My Comm. Expires Apr 10.2009
WITNESS my hand and official seal.
/ f A
,'- I
. /
< I
/
.........................................................................
Capacity(ies) Claimed by Signer
Signers Name: George Gonzalez
[ ] Individual
[x] Corporate Officer- Title(s): President
[ ] Partner- 0 Limited 0 General
[ ] Attorney in Fact
[ ] Trustee
[ ] Guardian or Conservator
[ ] Other:
Signer is Representing:
Sierra Landscape Co., Inc.
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON Aut's I '1-:- ;l{j((;
PERSONALLY APPEARED: .
, BEFORE ME,
LINDA CURIEL, Notary Public
DIANE M. NIELSEN
Capacity Claimed By Signer(s):
( ) Individual(s) () Corporate
( ) Partner(s)
( ) Attorney In Fact
( ) Trustee(s) () Guardian/Conservator () Other:
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 & acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies), and that by his/ber/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
/
Signaturt
LINDA CURIEL
Commission # 1451765
Notary Public - California ~
Riverside County
My Comm. Expires Nov 20.2007
WITNESS my hand and official seal.
ALL PURPOSE ACKNOWLEDGMENT
, I
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY)
08/09/2006
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 INSURER ^' Hartford Underwriters Insurance Comp 30104
Sierra Landscape Co Inc INSURER B:
PO Box 14247 INSURER C: Clarendon National Ins. Company 20532
Palm Desert, CA 922554247 INSURER D:
INSURER E:
Client#: 378
2SIERLAN
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 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.
~~R !l'DD'1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P~~lfY EXPIRATION LIMITS
NSR
A X ~NERAL LIABILITY 72UUNSR5059 11/07/05 11/07/06 EACH OCCURRENCE $1 000 000
~ OMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000
I-- CLAIMS MADE [!J OCCUR MED EXP (Anyone person) $10000
~ Oed: $5.000 PERSONAL & ADV INJURY $1 000.000
I-- GENERAL AGGREGATE $2 000 000
n'L AGG~EnE LIMIT APAS PER: PRODUCTS - COMP/OP AGG $2 000 000
POLICY P'fR.; LOC
A X ~TOMOBILE LIABILITY 72UUNSR5059 11/07/05 11/07/06 COMBINED SINGLE LIMIT
L ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
1L HIRED AUTOS BODILY INJURY
$
1L NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
OESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
C WORKERS COMPENSATION AND 01KR0032303 04/01/06 04/01/07 X I T~~.J;f':J.':;;.1 10~-
EMPLOYERS' LIABILITY EL. EACH ACCIDENT $1.000000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1.000 000
If yes, describe under E.L. DISEASE - POLICY LIMIT $1.000 000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Project: Silver Rock on site/off site native area enhancements. La Quinta Redevelopment
Agency, employees and officers, the City Engineer, its consultants, elected officials,
agents, and sub-consultants are hereby added as additional insured insofar as work done
under this contract is concerned. Primary wording applies per attached. Separation of
(See Attached Descriptions)
CERTIFICATE HOLDER
ACORD 25 (2001/08) 1 of 3
#S90823/M86652
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --1D- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHO 0 REPRESENTATIVE
...t~
2CMAR
@ ACORD CORPORATION 1988
La Quinta Redevelopment Agency
PO Box 1504
La Quinta, CA 92247
Insurance Endorsement applies. 10 Day Notice of Cancellation Shall Apply For Non-Payment
of Premium.
AMS 25.3 (2001/08)
3 of 3
#S90823/M86652
L
Named Insured: Sierra Landscape Co. Inc.
Company: Hartford Underwriters Ins. Co.
Po:U~y II:' nUUNSRS059'
necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the
indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I -
Coverage A - Bodily Injury And Property Damage
Liability, such payments will not be deemed to be
damages for "bodily injury" and "property damage" and
will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee and
to pay for attorneys' fees and necessary litigation
expenses as Supplementary Payments ends when:
a. We have used up the applicable limit of insurance
in the payment of judgments or settlements; or
b. The conditions set forth above, or the terms of the
agreement described in Paragraph f. above, are no
longer met.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds,
but only with respect to the conduct of a business
of which you are the sole owner.
b. A partnership or joint venture, you are an insured.
Your members, your partners, and their spouses
are also insureds, but only with respect to the
conduct of your business.
c. A limited liability company, you are an insured.
Your members ."are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect to
their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are' an
insured. Your "executive officers" and directors are
insureds, but only with respect to their duties as
your officers or directors. Your stockholders are
also insureds, but only with respect to their liability
as stockholders.
e. A trust, you are an insured. Your trustees are also
insureds, but only with respect to their duties as
trustees.
2. Each of the following is also an insured:
a. Employees and Volunteer workers
Your "volunteer workers" only while performing
duties related to the conduct of your business, or
your "employees", other than either your "executive
officers" (if you are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a limited
liability company), but only for acts within the scope
of their employment by you or while performing
duties related to the conduct of your business.
.*
HG 00 01 06 05
However, none of these "employees" or "volunteer
workers" are insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if you
are a partnership or joint venture), to your
members (if you are a limited liability
company), to a co-"employee" while in the
course of his or her employment or
performing duties related to the conduct of
your business, or to your other "volunteer
workers" while performing duties related to
the conduct of your business;
(b) To the spouse, child, parent, brother or sister
of that co-"employee" or that "volunteer
worker" as a consequence of Paragraph
{1 )(a) above;
(c) For which there is any obligation to share
damages with or repay someone else who
must pay damages because of the injury
described in Paragraphs (1){a) or (b) above;
or
(d) Arising out of his or her providing or failing to
provide professional health care services.
If you are not in the business of providing
professional health care services, Paragraph (d)
does not apply to any nurse, emergency
medical technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or control of,
or over which physical control is being
exercised for any purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you are a
partnership or joint venture), or any member (if
you are a limited liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Temporary Custodians of Your Property
Any person or organization having proper
temporary custody. of your property if you die, but
only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Legal Representative If You Die
Your legal representative if you die, but only with
respect to duties as such. That representative will
Page 9 of 18
L
Company Name:
Policy If:.
Hartford Underwriters Ins. Co.
nUUNSRS059
have all your rights and duties under this Coverage
Part.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of yours
which is a legally incorporated entity of which you
own a financial interest of more than 50% of the
voting stock on the effective date of the Coverage
Part.
The insurance afforded herein for any subsidiary
not named in this Coverage Part as a named
insured does not apply to injury or damage with
respect to which an insured under this Coverage
Part is also an insured under another policy or
would be an insured under such policy but for its
termination or the exhaustion of its limits of
insurance.
3. Newly Acquired or Formed Organization
Any organization you newly acquire or form, other than
a partnership, joint venture or limited liability company,
and over which you maintain financial interest of more
than 50% of the voting stock, will qualify as a Named
Insured if there is no other similar insurance available
to that organization. However:
a. Coverage under this provision is afforded only until
the 180th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damerge" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury;' arising out of an offense
committed before you acquired or formed the
organization.
4. Mobile Equipment
With respect to "mobile equipment" registered in your
name under any motor vehicle registration law, any
person is an insured while driving such equipment
along a public highway with your permission. Any other
person or organization responsible for the conduct of
such person is also an insured, but only with respect to
liability arising out of the operation of the equipment,
and only if no other insurance of any kind is available
to that person or organization for this liability. However,
no person or organization is an insured with respect to:
a. "Bodily injury" to a co-"employee" of the person
driving the equipment; or
b. "Property damage" to property owned by, rented to,
in the charge of or occupied by you or the employer
of any person who is an insured under this
provision.
Page 10 of 18
5. Nonowned Watercraft
With respect to watercraft you do not own that is less
than 51 feet long and is not being used to carry
persons for a charge, any person is an insured while
operating such watercraft with your permission. Any
other person or organization responsible for the
conduct of such person is also an insured, but only
with respect to liability arising out of the operation of
the watercraft, and only if no other insurance of any
kind is available to that person or organization for this
liability.
However, no person or organization is an insured with
respect to:
a. "Bodily injury" to a co-"employee" of the person
operating the watercraft; or
b. "Property damage" to property owned by, rented to,
in the charge of or occupied by you or the employer
of any person who is an insured under this
provision.
~dditional Insureds When Required By Written
VContract, Written Agreement Or Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a written
contract, written agreement or because of a permit
issued by a state or political subdivision, that such
person or organization be added as an additional
insured on your policy, provided the injury or damage
occurs subsequent to the execution of the contract or
agreement.
A person or organization is an additional insured under
this provision only for that period of time required by
the contract or agreement.
However, no such person or organization is an insured
under this provision if such person or organization is
included as an insured by an endorsement issued by
us and made a part of this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to below
as vendor), but only with respect to "bodily injury"
or "property damage" arising out of "your products"
which are distributed or sold in the regular course
of the vendor's business and only if this Coverage
Part provides coverage for "bodily injury" or
"property damage" included within the "products-
completed operations hazard".
(1) The insurance afforded the vendor is subject to
the following additional exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in the
absence of the contract or agreement;
HG 00 01 06 05
l'dllll::::U LU::;ULt::::U; ;:).l.t::::LLCi LCiUQ::;cape \....0. Lnc.
Company Name: Hartford Underwriters Ins. Co.
Po~icy #:. 72UUNSR5059
that are in excess of the applicable limit of insurance.
An agreed settlement means a settlement and release
of liability signed by us, the insured and the claimant or
the claimant's legal representative.
~ther Insurance
"-Af other valid and collectible insurance is available to
the insured for a loss we cover under Coverages A or
B of this Coverage Part, our obligations are limited as
follows:
@primary Insurance
This insurance is primary except when b. below
applies. If other insurance is also primary, we will
share with all that other insurance by the method
described in c. below.
~Excesslnsurance
This insurance is excess over any of the other
insurance, whether primary, excess, contingent or
on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's Risk,
Installation Risk or similar coverage for "your
work";
(2) Premises Rented To You
That is fire, lightning or explosion insurance for
premises rented to you or temporarily occupied
by you with permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to cover
your liability as a tenant for "property damage"
to premises rented to you or temporarily
occupied by you with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use
of aircraft, "autos" or watercraft to the extent not
subject to Exclusion g. of Section I - Coverage
A - Bodily Injury And Property Damage Liability;
(5) Property Damage to Borrowed Equipment Or
Use Of Elevators
If the loss arises out of "property damage" to
borrowed equipment or the use of elevators to
the extent not subject to Exclusion j. of Section I
- Coverage A - Bodily Injury And Property
Damage Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance available to you covering
liability for damages arising out of the premises
or operations, or products and completed
operations, for which you have been added as
an additional insured by that insurance; or
Page 14 of 18
(7) When You Add Others As An Additional
Insured To This Insurance
Any other insurance available to an additional
insured.
However, the following provisions apply to other
insurance available to any person or
organization who is an additional insured under
this coverage part.
~Primary Insurance When Required By
~Contract
This insurance is primary if you have agreed
in a written contract or written agreement
that this insurance be primary. If other
insurance is also primary, we will share with
all that other insurance by the method
described in c. below.
WPrimary And Non-Contributory To other
\.:.y Insurance When Required By Contract
If you have agreed in a written contract,
written agreement, or permit that this
insurance is primary and non-contributory
with the additional insured's own insurance,
this insurance is primary and we will not
seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other
insurance to which the additional insured has
been added as an additional insured.
When this insurance is excess, we will have no
duty under Coverages A or B to defend the insured
against any "suit" if any other insurer has a duty to
defend the insured against that "suit". If no other
insurer defends, we will undertake to do so, but we
will be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the amount
of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance
would pay for the loss in the absence of this
insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, with any
other insurance that is not described in this Excess
Insurance provision and was not bought specifically
to apply in excess of the Limits of Insurance shown
in the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution by
equal shares, we will follow this method also. Under
this approach each insurer contributes equal
amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever
comes first.
HG 00 01 06 05
SilverRock Resort Perimeter On/Offsite Native Area Enhancements
Project No. 2002-07 0
Sierra Landscape Company
P.O. Box 14247
Palm Desert, CA 92255
CONTRACT CHANGE ORDER NO. 1
t**...___.__...._.._______............________________....*...******.******.***.***.*.*.*~
mt to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do
ing described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall coni
terms, general conditions, and special provisions of the original Contract.
1****........*****.********.***...*.*.*..*********....._.__._.._.__._.._._______.......___
:RIPTION OF CHANGE
direction by the City of La Quinta, the contractor shall perform the additional work as indicated be 1m
ummary of this Contract Change Order:
stall 250 Tons (1.15 Acres of Sand)
laterial Price Difference for 11.35 Acres
laterial - Additional Sand
$9,135.
$6,923.
$8,685.'
-....----*--.-.-----.-.--------.-.--_____.________*__**********************t
Total
$24,744.
Previous Contract Amount Through Chance Order No. 0 $902.688.5
Add This Chance Order No.1 $24,744.7
Revised Contract Total $927.433.2
Date:
I fl."3/'IJ'
h3~J7
Date:
.....*................................................................*............******;
e undersigned Contractor, have given careful consideration to the changll propossd and hlll'llby agfllll, if this propos~
ed, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perforn
s necessary to complete the above specified work.. and hereby accept as full compensation the amount shown above, wI
s all direct and indirect overhead expenses for any delays.
Ited By: ~s~ ~~. Title: P~-<!l1 JJ.N0M;if..,
'I ';78 (0 1---
Ictor: Sierra Landscape Company
Date:
:CTS\2_CONSTRUCTI0N\2002-07 0 Onsite Offsite Enhancements\Construction\CCO's & Progress Payments\CCO I.doc
CONTRACT:
CONTRACTOR:
o{4Q~
Sheet
of
1
1
Silver Rock Resort Perimeter On/Offsite Native Area Enhancements
Project No. 2002-07 0
Sierra Landscape Company
P.O. Box 14247
Palm Desert, CA 92255
CONTRACT CHANGE ORDER NO. 3
---...............................................................-...................------...-
Pursuant to the terms of the original Contract Agreement, you arB hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform
to the terms, general conditions, and special provisions of the original Contract.
..................................-...-----........---...-..........--...........................
DESCRIPTION OF CHANGE
Upon direction by the City of La Quinta, the contractor shall furnish and install various plants to replace those
damaged and/or destroyed by the recent frost. The plants are located at the entrance to SilverRock Resort.
$4,202.10
_.*ee_***_*_*_*****_****..*_***_**************************************************
Total
$4,202.10
Previous Contract Amount Through Change Order No.2 $939.438.30
Add This Chanae Order No.3 $4,202.10
Revised Contract Total $943,640.40
By reason of this contract change order the time of completion is adjusted as follows: l! days added to contract time.
The revised contract completion date shall be: 1/26/07.
....................**.***.............*...**..*..**......................................**.***.
Submitted By:
Approved By:
2-/ t:~ 1<:)(
~Y~7
Date:
Date:
.**.......*****.**...********************.*.*******.***..****.*.......*....*..******..***...**.**
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is
approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all
services necessary to complete the above specified work, and hereby accept as full compensation the amount shown above, which
includes all direct ,mif,lj,direct overhe penses pr a(IY. delays. r-:r,
Accepted By: ~c;,: ~ ( Title: n:::C_'8:1lli ,lA?~
0-/1/01---
, ,
Contractor:
Sierra Landscape Company
Date:
T:\PROJECTS\2_CONSTRUCTI0N\2002-07 0 Onsite Offsite Enhancements\Construcbon\CCO's & Progress Payments\CCO 3.doc
-
CONTRACT:
CONTRACTOR:
~L~4Q~
Sheet
of
2
1
SilverRock Resort Perimeter On/Offsite Native Area Enhancements
Project No. 2002-07 0
Sierra Landscape Company
P.O. Box 14247
Palm Desert, CA 92255
CONTRACT CHANGE ORDER NO. 4
......................****...............****......***.*****............***...............*..**.
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform
to the terms, general conditions, and special provisions of the original Contract.
.......................***..*****.......***.**...........*..**...**..............................
DESCRIPTION OF CHANGE
Upon direction by the City of La Quinta, the contractor shall be reimbursed for additional quantities needed for
project close-out (see Final Cost Adjustment attachment). The adjustment quantities are supplemental to the
contract that was awarded by City Council on August 1, 2006. $187,960.00
Total
$187,960.00
*******.*.*.**********************************************************************
Previous Contract Amount Throu h Chan e Order No.3
Add This Chan e Order No.4
Revised Contract Total
$943,640.40
$187,960.00
$1.131,600.40
By reason of this contract change order the time of completion is adjusted as follows: Q days added to contract time.
The revised contract completion date shall be: 1/26/07.
..******.*.....***...*.*******.**.******.**.*.*******..*....*************..**.********.**.*..*...
'-...dB" ~r'~
APproved~ ~
Date:~
Date: %.h7
*..*..........*.*.****.*****.*...*.****..**.....**.*.****..*******...*..***********.....*.*******
Contractor: Sierra Landscape Company
Date:
T:\PROJECTS\2_CONSTRUCTI0N\2002-07 0 Onsite Off site Enhancements\Construction\CCO's & Progress Payments\CCO 4.doc
,.""
DOC # 2007-0130620
02/26/2007 08:00A Fee:Ne
Page I of 2
Recorded In Official Records
County of Riverside
Larry U. Ward
Assessor. County Clerk & Recorder
1111111111111111111111111111111111111111111111111111111
.-
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
Veronica J. Monteclno, City Clerk
AND WHEN RECORDED MAIL TO:
- ~-
S R U PAGE SIZE DA MISC LONG RFD COPY
\ :).. f
M A L 465 426 PCOR NCOR SMF I~CH~ EXAM
~\o
CITY OF LA QUINTA
Attn: VeronIca J. Montecino
P. O. Box 1504
La QUlnta, CA 92247-1504
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
SilverRock Resort On-Site & Off-Site Native Area Enhancements
Project No. 2002-07 0
Title of Document
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(0
12\
.
PL-EJ(SE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, CMC, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINT A
Attn: Veronica J. Montecino
P. O. Box 1504
La Quinta, CA 92247-1504
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1 . That the interest or estate stated in paragraph 3 herein in the real property herein described is owned
by: The Citv of La Ouinta. California, a MuniciDal Corporation, oraanized and incorporated pursuant
to the laws of the State of California.
2. The City Clerk of the City of La Ouinta is authorized and directed to execute, on behalf of said City,
any and all Notices of Completion.
3. That the nature of the life of the stated owner, or if more, than one owner, then of the stated owner
and co-owners is: In Fee.
4. That on the 20th day of Februarv ,2007, a work of improvement on the real property herein
described was completed.
5. The public work improvement is described as follows: SilverRock Resort On-Site & Off-Site Native
Area Enhancements. Proiect No. 2002-070
6. The name of the contractor for said work of improvement was: Sierra LandscaDe Companv. Inc.
7. The property on which said public work of improvement was completed is in the City of La Ouinta,
County of Riverside, State of California, and is described as follows: Installation of additional
decomoosed aranite or "DG" minor aradina. new olantina and related irriaation svstem chanaes
DATED:
February 21, 2007
TITLE:
Citv Clerk
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
I hereby certify that I am the City Clerk of the governing board of the City Council of the City of La
Ouinta. the political subdivision which executed the foregoing notice and on whose behalf I make this
verification; that I have read said notice, know its contents, and that the same is true. I certify under
penalty of perjury that the foregoing is true and correct.
Executed at La Ouinta, California on
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1111111111111111111111111111111111111111111111111111111
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2007-0130620
612/26/26107 08 190A
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v
VERONICA J. NTECINO,CMC, City Clerk
City of La OUlnta, California