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2019 SRR Phase I - Grading Bond No. 800017562 for Parcel Map 37207CAI IRORVIA - MEMORANDUM Date: December 3, 2019 To: Monika Radeva, City Clerk From: Amy Yu, Associate Engineer Re: Grading Bond for Parcel Map 37207, SilverRock Resort Please place the attached bond in your file for the above referenced project. Grading Bond Performance = $ 672,860 Bond No. 800017562 Surety: Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Attn: Sarah Hoffman (952)852-2431 If you have any questions, please contact me at extension 7047. Thank You. Bond No. 800017562 Premium: $33,643.00 One Year Term, Renews Annually FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Public Works Permit # in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to SilVerRock Phase i, LLC , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as PM 37207 : and WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and Atlantic Specialty Insurance Company , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Six Hundred Seventy Two Thousand Eight Hundred' Dollars ($672,860.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *Sixty and 00/100 The condition of this obligation is such that if the above bonded 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 perform the covenants, conditions and provisions in the said permit and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the mannertherein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit or to the work to be performed there under or the specifications accompanying the same shall in anywise 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 permit or to the work or to the specifications. Page 1 of 2 Grading Bond Public Works Permit # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on February 6th 20 19 SilverRock Phase I, LLC Pr a (Seal) Signature of Principal Title of Signatory t12�.� Atlantic Specialty Insurance Company Sur (Seal) Sign' re urety Brittany Aceves, Attorney -in -Fact Title of Signatory 605 Highway 169 North, Suite 800, Plymouth, MN 55441 Address of Surety (952) 852-2431 Phone # of Surety Sarah Hoffman Contact Person For Surety One Beacon I NSU RANCE GROUP Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Jeffrey W Cavignac, James P Schabarum II, Jase Hamilton, Erin A Greene, Brittany Aceves, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer') may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-sixth day of October, 2017. A'�p�iY' I Ng&19 oa 5 FAL 19s6 0 ' By STATE OF MINNESOTA A. tiFw von` aa,' Paul J. Brehm, Senior Vice President HENNEPIN COUNTY On this twenty-sixth day of October, 2017, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. Kj-le�!Yil AJANELLE STAFFORD TARY PUBLIC-MINNESOTA MyCommission Expires January 31, 2020 r f �� al•1 1 �� � Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of FEB R 6 7019 YPLYY FfVgG� 9 `'SPEALe, `� __ This Power of Attorney expires '__ r . 1981i v October 1, 2019 s �L Tw yoR `b ;' Christopher V. Jerry, Secretary S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �,�ann 6N ,-- C; n On Ecjo. l o . 2QD 01 before me, E{.� c 4 � • �❑ cAeA �]c Date 4re Insert Name and Title of thd Officer personally appeared of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is)are subscribed to the within instrument and acknowledged to me that he 7e'they executed the same in his�ie)ltheir authorized capacity(ies), and that by hi �Wtheir signature(s) on the instrument the person(s), or t e entity upon behalf of which the person(s) acted, executed the instrument. BETHANY J. MONWLD NotaryPublic- California x San Diego County z Commission S 2193531 My Comm. Expires Apr 24, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 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Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 A notary public or other officer completingg this certificate verifies anly the identity of the individual who signed the document to which this certificate is attached, and not thetruthfuIness, accuracy, or validity of that document. State of California ) County of ) On q;�before me, personally appeared CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT title of the who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [• V OPTIONAL INFORMATION TIM SHIPPEY COMM. #2214823 z c Notary Public - California o z Sonoma County my Comm. 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Description of Attached Document The preceding Certificate of titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: is attached to a document Title(s) representing: Names) of Person(s) or Enikty (Ies} Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witnesses) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007-2014 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-usui. All nignu meservea. item rvuniuer I I r rc. riea— ­ ""' r­ •� r-•�••••-- --r Amy Yu From: John Gamlin <John@therobertgreencompany.com> Sent: Tuesday, December 18, 2018 4:32 PM To: Amy Yu Cc: Bryan McKinney Subject: RE: SilverRock Mass Grading - PM-10 Bond Attachments: Pages from SR MG NEI AIA Contract Exhibits -final contract version_SOV_11.06.2018.pdf Amy, Here is a link to the final contract. The SOV would be found in the Exhibits to the Contract, Exhibit "A". I attached an excerpted version for reference. Bid Award: htt s: www,dro box.corn sh 66 68zltad4ole AAD-WKZBfEuNOD6ilCmTO fea?dl=0 NEI's final contract value is $3,406,658, less the $42,380 bonding cost = $3,364,278. JIG Sent from Mail for Windows 10 From: Amy Yu <Ayu@laquintaca.gov> Sent: Tuesday, December 18, 2018 4:24:51 PM To: John Gamlin Cc: Bryan McKinney Subject: RE: SilverRock Mass Grading - PM-10 Bond Hi John, I didn't received the final NEI Schedule of Values from you. AmyYu al tlae. iE31C:C>, ayu@laquintaca.gov www.laquintaca.gov PLEASE NOTE: City Hall will be closed from December 24, 2018 through January 1, 2019 in observance of the holidays. Please plan accordingly for any business needs that might need to be addressed during this time frame. We thank you for your understanding and look forward to seeing you after the New Year! From: John Gamlin <John@therobertgreencom pany.com> Sent: Tuesday, December 18, 2018 3:28 PM To: Amy Yu <Ayu@laquintaca.gov> Cc: Bryan McKinney <Bmckinney@laquintaca.gov> Subject: RE: SilverRock Mass Grading - PM-10 Bond Amy, STIPULATED SUM BREAKDOWN SILVERROCK NEI,INC SCHEDULE OF VALUE BASE BID DESCRIPTION ITEM NO. 1 MOBILIZATION 2 DEMOLITION 3 CLEARING 4 PREWATER * 5 SILT FENCE * 6 WATER COST 7 DUST CONTROL 8 PM 10 * 9 PM 10 10 SWPPP * 11 SNOW FENCE 12 SITE X 13 oX 14 TRUCK HAUL 15 FINISH 16 BONDING 17 WATER PERMIT 2,000L.F. @ $2.30L.F. 540 ACRE FEET @ $136.00/ACRE FT DUST CONTROL BUDGET DUST OBSERVER PERIMETER WIND FENCE 13,160L.F. SWPPP QSP 10,400 L.F. SITE EXCAVATION 698,354 C.Y. @ $1.38/C.Y. OVER EXCAVATION 325,966 C.Y. @ $1.38/C.Y. 67,933 C.Y. @ 4.86/C.Y. ADJUSTMENTS 1 OMIT PLANNING AREA 7/9 & 8 2 PREWATER * 3 WATER COST 131 ACRE FEET @ $ 136.00/ACRE FT 4 CLEARING 5 SITE X 160,556 C.Y. @ $ 1.38/C.Y. 6 FINISH RE -MOBILIZE TO COMPLETE MONTAGE LANE WORK 1 12" WATER MAIN 1,000L.F. @ $9.77L.F. 2 18" WATER MAIN 900L.F. @ $ 11.50L.F. 3 ASPHALT 4 CURB,GUTTER AND SIDEWALK * See Allowances on Following Page CONTRACT AMOUNT $55,505.00 $163,910.00 $601,947.00 $153, 519.00 $5,060.00 $73,440.00 $255,564.00 $7,488.00 $51,305.00 $5,040.00 $40,993.00 $963,729.00 $449,833.00 $330,154.00 $606,145.00 $42,380.00 2 500.00 $3,808,512.00 ($40,000.00) ($17,816.00) ($77,265.00) ($221,567.00) 131.826.00 ($488,474.00) $3,320,038.00 9,770.00 10,350.00 38,500.00 28,000.00 $3,406,658.00