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Sierra Landscape/Jefferson 02SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City, and Sierra Landscape Co., Inc. herein referred to as, "Contractor". WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. 99-05, Jefferson Street Median Island Landscape Improvement Project, in the City of La Quinta, California pursuant to the Invitation to Bid, dated February 6, 2002, the project Specifications, and Construction documents prepared by the City of La Quinta, all of which 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 frames for construction work shall be in accordance with those specified in the Contractor's 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 150 consecutive calendar days from the date of Notification to Proceed. The following Early Completion Incentive and Liquidated Damages shall apply: 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration of NINE HUNDRED FOURTEEN THOUSAND THREE HUNDRED FIFTY TWO DOLLARS ($914,352.00). 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. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without 1300-1 Agreement limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. The is agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. 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 City and shall name the City 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 City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $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. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. Agreement 1300-2 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. The remainder of this page is intentionally left blank. 1300-3 Agreement IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: & /D� ATTEST: L!1.i' . 6reek, City Clerk A ROVED AST FO ity Att rney Dated: 0� Dated: CITY OF *,,ZN a a 'foBy:Jo J." Dated: /lam, Dated: CONTRACTOR: e i Name, /: G 0 Name: Title: "CONTRACTOR" (If corporation, affix seal) 1300-4 Agreement SECTION 1310 FAITHFUL PERFORMANCE BOND Bond #826756P $11; 644.00 premium is for contract term and is subject to adjustment based on KNOW ALL MEN BY THESE PRESENTS: final contract price. THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on May 7, 2002, awarded to Sierra Landscape Co., Inc., hereinafter designated as the Principal, a Contract for Project No. 99-05, Jefferson Street Median Island Landscape Improvement Project, 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 Developers Surety and Indemnit aAoumga'Ye held and firmly bound unto the City in the just and full amount NINE HUNDRED FOURTEEN THOUSAND THREE HUNDRED FIFTY TWO DOLLARS ($914,35MD lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. The remainder of this page is intentionally left blank. Faithful Performance Bond 1300-5 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 9th day of May , 202 , 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., Inc. Principal (Seal) Sign cipal Title of Signatory Developers Surety and Indemnity Company Surety %� (Seal) Ci ature �forSurety DW:LanP1 Nielsen Attorney in fact Title of Signatory P 0 Box 19725 Irvine, CA 92623 Address of Surety 949-263-3300 Phone # of Surety Steve Bonilla Contact Person For Surety Faithful Performance Bond 1300-6 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON 6? cj / a- , BEFORE ME, PERSONALLY APPEARED: Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate LUIS GARCIA, Notary Public DIANE M. NIELSEN ( ) Partner(s) (X) 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. LUIS GARCIA WITNESS my hand and official seal. Commission # 1310163 ;s Notary Public - California Z Riverside County My Comm. Eores Jul 20, wM lr Signature: �••► Luis Garcia o a - ALL PURPOSE ACKNOWLEDGMENT SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: Bond #826756P Included in Perf. THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on May 7, 2002, awarded to Sierra Landscape Co., Inc., hereinafter designated as the Principal, a Contract for Project No. 99-05, Jefferson Street Median Island Landscape Improvement Project, and 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 Developers Surety and Indemnity Company as Surety, are held and firmly bound unto the City in the just and full amount of amount NINE HUNDRED FOURTEEN THOUSAND THREE HUNDRED FIFTY TWO DOLLARS ($914,352.00)lawf it 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 herein above set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. The remainder of this page is intentionally left blank. Payment Bond 1300-7 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 9 th day of May , 2002 , 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., Inc. Principal (Seal) Signa r ipal Title of Signatory Developers Surety and Indemnity Company Surety (Seal) Ci ature for Surety a e Attorney in fact Title of Signatory P 0 Box 19725 Irvine, CA 92623 Address of Surety 949/263-3300 Phone # of Surety Steve Bonilla Contact Person For Surety Payment Bond 1300-8 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON Q q`CD , BEFORE ME, PERSONALLY APPEARED: Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate LUIS GARCIA, Notary Public DIANE M. NIELSEN ( ) Partner(s) (X) 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. LUIS CARCA WITNESS my hand and official seal. Commission#1310163 Notary Public - California Z Riverside County r NH Comm. Expires Jul 20, 2005 Signature: Luis Garci ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COM PANY OF CALIFORNIA PO BOX 19725, IRVINE. CA 92623 a (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and iNDENINIT� CO:ViPA i OF CALIFORNIA, do each severally, but not ioiutly, hereby make, constitute and appoint: * `PAUL W. LEWIS, ANN WILLARD, DIANE M. NIELSEN, VAN G. TANNER, MATT COSTELLO, JEANETTE MCCULLOCH, LiNDA N. WELD, EDWARD J. TALEN, JOINTLY OR SEVERALLY' as the truc and lawful Attomey(s)-in-Fact, to make, execute, dcliyer and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomcy(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 Attorcy(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 attomey(s) named in the Powers ofAttomey 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 Attomcy or to any certificate relating thereto by facsimile, and any such Po-acr o(Attorncy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future will re,pect 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 8" day of November, 2000. Sy. e P��GOOPAN! O� David H. Rhodes, Executive Vice President =J R?OFF'. cc%�� OqtPORq� C9G wSEAL ` ' OCT.s a o �' i ssT - 1936 •' o ' ° z B'' Walter A. Crow-11, Secretary =�zSOW P as cgCiFOFN�P STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to me on the basis of satistactory evidence) to be the person, whose names arc subscribed to the within instr merit and acknowledged to me that they executed the same in their authorizec capacities, and that by their signatures on the instrument the entity upon bchaif of which the persons acted, executed the instrument. WITNESS my hand and official seal. r\ Signature _ CERTIFICATE DIANE J. KAWATA COMM. 0116792E 7 .� NGTARYPUBLIC -CALIFORMA 6 ORMGE COUNTY My Cotnm. Ev. Jan. 8, 20C2 j The undersigned, as Chief Operatin^ Officer of DEVELOPERS SURETY AND INDENiNfTY CONiPAN"Y and INDE,NINlTY CONIPVNY OF C: i-IlOK hereby ccrrfy that the foregoing Power ofAttomey remains in full force and has not been revoked, and f2rthennorc. that the prtmci,,•�ats fit dr res��>h.non5 0l ,Im pcc Boards of Directors ofsaid corporations set forth in the Po-,�cr of Attorney, are ir, force as Of 011: date of t!w; Ccrttf1"a c. Ma 2002 This Ccrriticatc is executed in the City of Irvine. Calfferia, the 9th dad: of __ y--— CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Tie �-S ( A On '� "02 before me, �«�a �� A If- I KCYLCA Date II Name and Title of Officer (e.g., "J#ne Doe, Notary Pu lic") personally appeareddco(nnLy r 2 Z Name(s) of Signer(s) ❑ personally known to me EY'proved to me on the basis of satisfactory evidence UNDA E. CURIEL to be the person(s) whose name(s) is/afe Commission # 1242580 z19My Notary Public - Carfomia subscribed to the within instrument and Riverside County acknowledged to me that he/she they executed Comm.t sNov20,MM the same in histl4ex44eir authorized capacity(ies), and that by his/horlt ►eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT S my hand and offi ial seal Place Notary Seal Above Signature of Notary Public OPTIONAL 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 .rD�ocumern-t (� Title or Type of Document: -t' i BAR,- ��ri o r rAa nC2 260Y Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-8766827 SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signatur Name of Contractor Title �/�/0a' Date Workers' Compensation Insurance 1300-9 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION The Contractor shall indemnify, hold harmless and assume the defense of the City, its elected officials, officers, agents, and employees from all damages, costs, or expenses in law or equity that may at any time arise to cause damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 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 REOUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. 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 any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following: 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). Liability & Insurance Requirements 1300-10 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. 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. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents, and subconsultants are hereby added as additional insured insofar as Work done under this Contract is concerned." b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self -insured retention, the City may possess, and any other insurance the City 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 the limit of liability of the insuring company. d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to: Thomas P. Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 2.6 Chan¢e in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to 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 1300-11 A0411H). ULM 1 PRODUCER HRH Ins Sery of So California License Number 0684503 77-564 Country Club Dr. #401 Palm Desert CA 92211 INSURED Sierra Landscape Co Inc PO BOX 14247 PALM DESERT CA 92255-4247 E OF INSURANCE ISSUE DATE (MM,DDYY) C 05/09/02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPAN LETTER Y A INSCORP COMPANY LETTER B State Fund Ins COMPANY LETTER V COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY CA I C 1002 1733 03 / 20 / 02 04 / 01 / 03 GENERAL AGGREGATE $ A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER'S & CONTRACTOR'S PROT. A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION B AND EMPLOYERS' LIABILITY OTHER CAIC 1002 1733 03/20/02 04/01/03 046.11589 04/01/02 04/01/0 PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE $ LIMIT BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) 2,000,000 2,000,000 1'000,000 1'000,000 50,000 5,000 1'000,000 PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ X STATUTORY LIMITS 3 EACH ACCIDENT $ 1 , 000 , 000 DISEASE - POLICY LIMIT $ 1 , 000 , 000 DISEASE - EACH EMPLOYEE $ 1 , 000 , 000 DE, f PTION OF OPERATIONS nn,.o�G TIONS/VEH CLES/SPE TEMS Job �roje- 99 05, Jet�erson Street edlan Island Landscape Improvement Project The City, City employees and officers, the City Engineer, its consultants, elected officials, aggents and subconsultants are named as additional insured - CG2010 10/93. This insurance is primary CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDOWMRRXXXXXXXX MAIL 30 "DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE C'' of La Quinta' LEFT, BMX)5MXMXC4�*Acij(*ti(St7C�iif�i(�7ak4(f�tRi�C4CXKi(R�dk*WMXBXXXXXXXXXX Pt Box 1504 Em�DXSOvPYME�RAMWMX��AM�XXXXXXXXXXXX La QUlnta CA 92253 'XCOAFNONANTPREMIUM AUTHORIZED REPReESENTATIVV S VaSl� ACORD 25-S (7/90) LI EN C/ SACORD CORPORATION 1990 Llub 0. PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: 1414 DOC # 2003-483887 06/30/2003 08:00A Fee:NC Page i of 2 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk i Recorder 1111111111111111111111111111111111111111111111111111111 wwalowammam wMi ""wmmmmm= MMMIMM MMMIRM wMalommmmmm Title of Document a. l THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) C/) YS ACR 238-02 (REV 03/02) ,PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. O. Box 1504 La Quinta, CA 92253 SPACE ABOVE CE OF COMPLETION NOTICE IS HEREBY GIVEN: USE ONLY 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of La Quinta 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 17" day of June , 2003, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: Jefferson Street Median Island Landscape Im rovements - Pro'ect No. 99-05B. 6. The name of the contractor for said work of improvement was: Sierra Landscape Co., Inc. 7. The property on which said public work of improvement was completed is in the City of La Quinta, County of Riverside, State of California, and is described as follows: Installation of median island improvements from Highway 111 to Avenue 54, including the round -a -bout at Avenue 52. DATED: June 18, 2003 CITY OF LA QUINTA, CALIFORNIAIf BY: TITLE: City 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 Quinta, 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 -Quints, California on June 17 , 2003. J S. GREEK, CM , City Clerk City of La Quinta, California 1111111111111111111111111111111111111111111111111111111 as2�0i��0�ceA