Loading...
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 - - 1111111111111111111111111111111111111111111111111111111 - . 2007-0130620 612/26/26107 08 190A 2 of 2 v VERONICA J. NTECINO,CMC, City Clerk City of La OUlnta, California