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RDP-SCI/Pioneer Park Imp 10SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and RDP / SCI, Inc., herein referred to as, "Contractor." WITNESSETH: 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 City Project No. 2009-09, Pioneer Park Improvements, in the City of La Quinta, California pursuant to the Invitation to Bid, dated July 7, 2010, the project Specifications, and Contractor's Bid, dated July 29, 2010 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, 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 Two Hundred and Seventeen Thousand, Nine Hundred and Fifty dollars and ninety cents ($217,950.90). 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. 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. 7. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to Contract 1300.1 persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this contract or this section. Contract 1300.2 This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 8. 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, Section 1340-2.0, Insurance Requirements. 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. 9. 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. 10. 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 $1,607.00 liquidated damages for each such breach committed under this contract. 11. This Contract shall not be assignable by Contractor without the written consent of City. 12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 13. 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. Contract 1300-3 14. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 15. 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. 16. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 17. 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. 18. 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. Contract 1300-4 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. Dated: - 3� Zo/U v 1 APPROVED AS TO FORM: /)� " /14 lvzdL-- CiVkt6nney' Dated: 8/ 1 0/ 1 0 Name: Janice L. Pillow print name "CITY" CITY OF LA QUINTA a California municipal lccorporation By l///i/M�/ -� Thomas P. Genovese, City Manager Dated: 14 T �V "CONTRACTOR" (If corporation, affix seal) ignature Title: CFO Address: 83777 Avenue 45, Indio, CA 92201 street address city s to zip cone Dated: 8/ 1 0/ 1 0 By; signature Name: Robert D. Pillow Title: President print name Address: 83777 Avenue 45, Indio, CA 92201 street address city state zip code Contract 1300-5 Executed in Two (2) Originals SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 2308644 Premium: $3,138.00 Premium is for contract Price and Subject to Adjustment Based on Final contract Price THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on August 3, 2010, awarded to RDP I SCI, Inc., hereinafter designated as the Principal, a Contract for City Project No. 2009-09, Pioneer Park Improvements 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 Insurance company of the West , as Surety, are held and firmly bound unto the City in the just and full amount of Two Hundred and Seventeen Thousand, Nine Hundred and Fifty dollars and ninety cents ($217,950.90) 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 oficars 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. feithfui Perrormence Bond 13104 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their corporate seals this 12th day of alinlict , 2010, 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. RDP/SCI, Inc. Principal S n@ ure for Principal Title of Signatory Insurance Comoany of the West Surety 41WA Signature for 4wely H. Leticia Martinez Attorney -In -Fact Title of Signatory 701 B Street, 6th Floor San Diego, CA 92101 Address of Surety t619t 238-1828 Phone # of Surety Maria Whitecage Contact Person for Surety (Seal) (Seal) Faithful Performance Bond 1310.2 ACKNOWLEDGMENT ` saL L: • au. a.CALIFORNI'- .1 S�G`ac.Ri...v4m�c,.SY.ss � a . T.+.9. a ai,. .a .�C• :au . 0 .� a.4.A � a. icy.. » �w w State of California County of San Diego On AUG 12 2010 before me, M. Whitecage, Notary Public Date Her¢ Ireer[ Name antl Title of Ne Officer personally appeared M. WHTETECAGE Commission # 1641606 i;`m <.,Y. Notary Public •California v Z fix.. San Diego County My Comm. Expires Mar 22.2013 Place Notary Seal Above H. Leticia Martinez who proved to me on the basis of satisfactory evidence to be the persol whose name(S) is/gto subscribed to the within instrument and acknowledged to me that IfA/she/Wfty executed the same in Vds/herlWkAf authorized capacity(M), and that by YN/her/CW9Sf signature(5) on the instrument the person(b), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Si afore of Notary Publq 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 Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Nar ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER (YS�✓_ ✓ '✓<�✓4 L«, JS"ySC.n.L.4(✓rJ: YS�iv✓RYKYS'✓S"✓St✓.C✓SL,S\S"✓ ✓i-✓G'✓SCY.1%S"✓SL%4L,R✓S ✓:\✓4 +�:�1"✓.SL%S'%'✓ No. 0001363 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint LAWRENCE F. MCMAHON, JAMES BALDASSARE, IR, SARAH MYERS, CHARLOTTE AQUINO H. LETICIA MARTINEZ, LBJA ROBINSON, MARIA WHITECAGE, their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. 4t�0YP,WYO<t x�S YRANCP 3J�Y ��G 4- °a a,P' CI INSURANCE COMPANY OF THE WEST ,eoonrOMrEo i o p np u 6 k O ^ o SEAL _ 3 '� r a EXPLORER INSURANCE COMPANY 4rryi r rR` n x` as � a P INDEPENDENCE CASUALTY AND SURETY COMPANY Poxxrx� �2 � 9 e+tsoPN�t °M y F� �,e��� A ?,, Jeffrey D. Sweeney, Assistant Secretary J. Douglas Browne, Senior Vice President State of California } ss. County of San Diego On May 21, 2009, before me, JoAnn Pache, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures an the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. JoAnn Pache, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. AUG G 12 2010 IN WITNESS WHEREOF, I have set my hand this day of Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. Executed in Two (2) Originals SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 2309544 Premium: Included in Performance Bond THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on August 3, 2010, awarded to RDP / SCI, Inc., hereinafter designated as the Principal, a Contract for City Project No. 2009-09, Pioneer Park Improvements. 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 Insurance Company of the West , as Surety, are held and firmly bound unto the City in the just and full amount of Two Hundred and Seventeen Thousand, Nine Hundred and Fifty dollars and ninety cents ($217,950.90) 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 City as sha7 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. Paymem Pond 73204 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their corporate seals this 12th day of Auoust 2010, 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. RDP/SCI, Inc. - Principal (Seal) Sig re for Principal (moo of Signatory Insurance Company of the West Surety (Seal) � _- Signature for Surety H. Leticia Martinez, Attorney -In -Fact Title of Signatory 701 a Street, 6th Floor San Diego, CA 92101 Address of Surety (619)238-1828 Phone 4 of Surety Maria Whitecage Contact Person for Surety Payment Bond 1320.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �•4 • »3.. � .a :xGaSe.�LL.�.d"aL.=� nL»v'�SGtie aC. .ab^ .vv�v �aL!"�L' a�v'ra z. a•.. -•a a a State of California County of San Diego On AUG 12 2010 before me, M. Whitecage, Notary Public Date Here Insert Neme ar�tl Title of INe OFicer personally appeared H. Leticia Martinez Name(sl o/ Signer(s) r M. WHITECAGE Commission # 1841606 Notary Public - California z z=� San Diego County > My Comm. Ezpiras Mar 22, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(A) whose name($) is/#fib subscribed to the within instrument and acknowledged to me that N6/sheAddy executed the same in IMs/her/*Nt authorized capacity(M), and that by I'ftg/her/fY & signature(t) on the instrument the person($), or the entity upon behalf of which the person($) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signal of Notary Pubic 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 Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact I Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .y<:.v<�e.U�a<:�«.e�- .�<-:�c:��cr...«.<:�<-rim:ez-e.,•�<c�<:e,�-�<:�<.<.v-vc•.::�<-..<���a<::r.�r:✓�-✓<:�-.:Y�<c✓r�-:, ._ No. 0001363 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of Caffomia, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint LAWRENCE F. MCMAHON, JAMES BALDASSARE, JR., SARAH MYERS, CHARLOTTE AQUINO H. LETICIA MARTINEZ, LILIA ROBINSON, MARIA WHITECAGE, their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. 4��P4PM'Y�fj ocol-n INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY �O,yr � Jeffrey D. Sweeney, Assistant Secretary J. Douglas Browne, Senior Vice President State of California } ss. County of San Diego On May 21, 2009, before me, JoAnn Pache, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose camels) is/me subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is we and correct. Witness my hand and official seal. RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the persons) named as Attomey(s)-in-Fact to data, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE L the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. AUGIN WITNESS WHEREOF, I have set my hand this day of AUG 12 2010 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. 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." 5 ature OFo Title g1)0/16 Date Workers Compensation Insurance Certificate 1330-1 rlinnHf• SR77 & .nn a fni, lio ACORD,e CERTIFICATE OF LIABILITY INSURANCE 08/1812010YY' 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 A: Scottsdale Insurance Company 41297 RDP/SINSURER I, INC. INSURERB: National Union Fire Ins Co of P 19445 83-777 3.777 Avenue 45 INSURERC: State Fund 35076 Indio, CA 92201 INSURER D: NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. NSft LTR D ' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM POLICY EXPIRATION E fMM/DDrrY1 LIMITS A GENERAL LIABILITY BCS0022270 05/28110 05/28/11 EACH OCCURRENCE S1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES fE,,�rurr,e,) Et OO OOO MEDFXP(My weperson) $Excluded CIAIMSMADE ®OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO s2,000,000 POLICY PECT RO- LOC AUTOMOBILE LIABILITY ANV AUlO COMBINED SINGLE LIMIT (Ea accitlenq E BODILY INJURY (Per person) E ALL OWNED AUTOS SCHEDULED AUTOS BODILY decide !) (Per accitlen;) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE DABIUTY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO B X ESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE BE015469573 08/16/10 05/28/11 EACH OCCURRENCE $2000000 AGGREGATE s2,000,000 $ $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND 23896842010 06/01/10 06/01/11 X 161 WCSTAT_U oT_" ER To"E.L. EMPLOYERILITY ANY PROPRIETORIIETOWPARTNER/EXECUTI'JE EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICEWMEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS We. EL.DISEASE - POLICY LIMIT $1,0000-00 OTHER —T DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Job -Project No. 2009-09 Pioneer Park Improvements Certificate holder is named as additional insured. This insurance is primary/non-contributory City of La Quinta P O Box 1504 La Quinta, CA 92253 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 'E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVE ACORD 25 (2001l08)1 Of 2 9S157521/M157520 2DNIE o ACORD CORPORATION 1938 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for 'bodily injury', "property danr age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2 The ants or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. CG 2D 33 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", 'property damage' or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2 'Bodily injury" or "property damage" occurring after: a All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. ® ISO Properties, Inc., 2004 Page 1 of 1 ❑ <genys Copy POLICYNUMBER: r3CS0022270 COMMERCIAL GENERAL LIABILITY CG 2D 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or 0 cation s : Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II —Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or 'property damage" caused, in whole or in part, by 'your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the 'products - completed operations hazard". CG 20 37 07 04 ® ISO Properties, Inc., 2004 Page f of f ❑ Ogenfs Copy 08/18/2010 01:06 7603426803 PAGE 0S/10 THE WIRATION DATE LISHI) HEREON APPLIES If THE PREMIUM HAS BEEN PAID. EVIDENCE OF INSURANCE - STATE OF CALIFORNIA INC RDP/SCI Polity Nwnbec604338379 , DBA: RDP/SCI, INC Effective Date: 03117/2010_ 83777 AVENUE45 INDIO, CA 92201 � . .. -. Expiration Date: 03/17/2011- Vehicle I.D. No: I F FPW I4575KB74930 Year: 2005 - Make: FORD Model: F150'SUPER Mid -Century Insurance Company an authorized California Insurer, in compliance with the California Financial Responsibility Act, certifies that it has issued a policy in an amount not less than that required by the California Financial Responsibility Law for the described motor vehicle. Agent Name: Robert Stowe KEEP WITH Phone No: 760-342-2786 VEHICLE 9 0r RFAn REVERSE SIDE CAREFULLY. A7W30I READ CAREFULLY THE CALIFORNIA FINANCIAL RESPONSIBILITY ACT, (SECTION 16020) OF THE VEHICLE CODE, REQUIRES EVERY OWNER OR OPERATOR OF A VEHICLE SUBJECT TO THE REQUIREMENTS OF THE FINANCIAL RESPON5IBILITY ACT SHALL CARRY EVIDENCE OF FINANCIAL RESPONSIBILITY IN THE VEHICLE AT ALL TIMES. UNDER VEHICLE CODE (SECTION 16025) EVERY DRIVER INVOLVED IN AN ACCIDENT MUST PROVIDE EVIDENCE OF FINANCIAL RESPONSIBILITY AT THE SCENE, FAILURE TO COMPLY IS AN INFRACTION AND SHALL BE PUNISHABLE BY A FINE OF NOTMORE THAN TWO HUNDRED FIFTY DOLLARS($250) In your time of need, call us at 1-800-HelpPointsa (1-800-435-7764) for assistance. What to do in case of accident 1. Stop and check for injuries. Call an ambulance, if anyone is injured. 2.. warn other drivers to prevent Buther damage, Set flares. Signal with flashlight at night. 3. Notify the police. Many limes a passing driver or bystander will do this for you. 4. Gamer the facts. Be sure to get the names of witnesses, as well as other pertinent information. (i.e. driver's license #, insurance information and description of the other vehicle) S. Be careful what you say. Don't admit responsibility. Investigation may show y6were not responsible. 6. Report to proper authorities, Each state has its own requirements far such reports. Know the law for your state and comply. 7. You may also report a loss on the Internet at: mWarmers.to n. FARMERS INSURANCE GROUT' Of COMPANIES • 4680 WILSHIRE BLVD, LOS ANGELES, CA 90010 08/18/2010 01:06 7603426803 PAGE 08/10 EVIDENCE OF INSURANCE - STATE OF CALIFORNIA INC RDP/SCI PollcyNamber: 604338379 DRA: RDP/SCI, INC fffedNe Date: 03/17/2010 83777 AVENUE 45 fxlwaGaa Date: 03/17/201 t INDIO, CA 92201 Vehicle I.D. No: '1 FDNF20568EC6W3 Year: -2008 Make: FORD Model: F250SUPER Mid -Century Insurance Company ,an authorized California Insurer, in compliance with the California Financial Responsibility Act, certifies that it has issued a policy in an amount not less than that ,required by the California Financial Responsibility Law for the described motor vehicle. OMV Agem Name: Robert Stowe REGISTRATION Phone No: 760-342-2786 COPY DMV COPY SDI VRESEW THIS COPY TO THE UM FOR REGISTRATION OF YOUR VEHICLE. MOM The California, Department of Motor Vehicles (DW now requires proof of insurance when registering your vehicle. On the back side of this page is the DMVs copy of the Evidence of Insurance form. Please provide this form to the DMV when registeringyour vehicle. 08/18/2010 01:06 7603426803 PAGE 04/10 EVIDENCE OF INSURANCE • STATE OF CALIFORNIA INC RDP/SCI PRIicyNumber: 604338379 DBA:RDP/SCI, INClffatveDate: 03/1712010 83777 AVEN UE 45 `. INDIO, CA 92201 - Expiration Date: 03/17/2011 Vehicle I.D. No: 1 FDSF34555EA75M9 Year: 2005 Make; FORD" Molel: F350 SUPER UPEiR.:, Mid -Century Insurance Company ,an authorized California Insurer, in compliance with the California Financial Responsibility Act, certifies that it has Issued a policy in an amount not less than that 'required by the California Financial Responsibility Law for the described motor vehicle. DMV Agent Nome: Robert Stowe REGISTRATION Phone No: 760-342-2786 COPY DMV COPY 9-01 PROW THIS COPY TO THE DMV FOR REGISTRATION Of YOUR VEHICLE. n7040201 The Callforvia Department of Motor Vehicles (Wo now requires proof of insurance when registering your vehicle. On the back side of this page is the DMV's copy of the Evidence of Insurance form. Please provide this form to the DMV when registering your vebide. 08/18/2010 01:06 7603426603 PAGE 02/10 EVIDENCE OF INSURANCE ='STATE OF CALIFORNIA INC RDP/SCI Policy Number: 604338379` USA:RDP/SCI, INC Effective Date: 03117/2010 83777AVENUE 45. INDIC, CA 92201 ExpratianOatei 03/17/2011 Vehicle I.D. No: 1FTPW14575K874913 ' Year: 2005 Make: POR[)- Model: F150 SUPER Mid -Century Insurance Company ,an authorized California Insurer, in compliance with the California Financial Responsibility Act, certifies that it has issued a policy in an amount not less than that required by the California Financial Responsibility Law for the described motor vehicle. DMV Agent Name: Robert Stowe REGISTRATION Phone No: 760-342-2786 COPY OMV COPY 901 PRESENT THIS COPY TO THE E DFOR REGISTRATION OF YOUR VEHICLL A707a301 The California. Department of Motor Vehicles (DMV9 now requires proof of insurance when registering your vehicle. On the bat& side of this page is the DMVs copy of the .Evidence of Ins=nce form. Please provide this form to the DMV when registeringyour.vehicle. I! CERTIFICATE OF LIABILITY INSURANCE 1 8/25/2010 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; it the certificate hostler is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Neu of such "clorsement(s). Robert Stowe Insurance Agency Inc 760.342-; (AP.1. Fla Er 79710 Hwy 111 Suite 100 '0r)RESbob@stowei La Ninta, CA. 92253 mueeaist Ar License#:OE20458 Nsu»ERA. Farmers I .SUREo RDP/ SCI, Inc. MSURERE. _ 83777 Avenue 45 Indio, CA 92201 760-347-5257 COVERAGES CERTIFICATE._ NUMBER: REVISION NUMBER: TO CERTIFY THAT THE POLICIES OF NSUIRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR -1 Ht PULICT PtRIUU THIS IS 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 CLAHAS. - om saea--'rrrtT.. . �. LL — TYPE CFINh'URANCE Insx wvo ^OuCY NIJPA; ±MMJ9D/1'Y"'Y; (MM- fYY'Y OATS GENERAL. LIABILITY EACH O URREIJCE s PREMISES tEa 11,,IAr al S E COMMERCIAL GENERAL LIAULIPt MED EXP EAm O10(e(a061 S CLAIMS -MADE F—IOCCL'R PERSONAL& ADV INJURY A ---� GENERAL AGGREGATE 5 GENL AGGREGATE UMIT APPLIES PER PRODUCTS - COMPIO? AGG S 5 POLICY ,7¢' LOU o 2,000,000 AUTOMOBILE LIABe)TY axldert} S BOoILY INJURY (per "tsm) 5 ANYALTO 604338374 3/17/10 03/17/11. BOD1LY iN,aJRY {Pera«Ident) S ALL X A AUTOS AUTNTOS AUTOS X _ IPA, accident) e -_•••_••_ g flON-{34lNFh X HIRED AJI'OS X ALTOS S -- UMBRELLA U45 OCvIIR EACH OCCURREiNCE 5 AGGREGATE. 3 EY.OESS UA9 CLAIMS -MADE iiED RETENTION 4 5 WORAERS LG`AFF1'5AHUU 'O"LlIL- ' DRY 1M:T5 R AND EMPLOYERS P.AEIL(Y YIN "IA MIY eR0"11.FORPPMNNZEXEW1W EL EAC' CCtD'cNT $ E.LUk EASE -ER EtdP60YE - 5 C Rcx hAFN R E):CLWEnZ ❑ NIA IMs,1N."+� ]EL DISEASE , POLICY LIMIT 5 It yyCs. aeS I,m ur,*r bE5CR;PTIQN OF CPERA'PONS helcw i DE$CRtr"`TtON Ci OPERnt10NS ! LGCATIO. F+! V%NICLES (Attach A_COFD TGL AtldAl¢eal RemaBs 9choCdx n vtxr sari Is rzauiresi} li The City of La Quinta SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 78495 Calle Tampico THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN La Q1linta CA 92253 ACCORDANCE WITH THE POLICY PROVISIONS. nt;THOR:zee REPRE �N?a-�i E � r� 0 *88-2010 AQIORD CORPORATION. All rights reserved. ACORD25(2010i05) The ACORD name and logo are registered marks of ACORD CONTRACT: Pioneer Park Improvements CONTRACTOR: RDP/SCI, Inc. 83777 Avenue 45 Indio, Ca. 92201 Sheet 1 of 2 PROJECT NO. 2009-09 CONTRACT CHANGE ORDER NO.1 Pursuant to the terms ofthe 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 This Contract Change Order allows for plant substitutions required by CV WD water conservation guidelines Total $ 709.10 This Contract Change Order allows for additional shrubs and modification of the irrigation system Total $ 1,750.32 This Contract Change Order allows for the installation of concrete header board in landscape areas Total $ 4,507.26 This Contract Change Order allows for the relocation of an existing bench Total $ 204.00 This Contract Change Order allows for additional grading and irrigation modifications in the slope area Total $ 500.00 This Contract Change Order allows an additional light bollard in the park area Total $ 2,122.82 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Original Contract Amount $ 217,950.90 Add This Change Order No.1 $ 9,793.50 Revised Contract Total $ 227,744.40 By reason of this contract change order the time of completion is adjusted as follows: -0- working days added/deleted to contract time. The revised contract completion date shall be: 12/30/10 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Submitted Approved ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ We, the undersigned Contractor, hawgivnn carefid consideration to the cbangeproposed 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 Payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted Date: aZ�/U Tihf 4 4 a" CONTRACT: Pioneer Park Improvements CONTRACTOR: RDP/SCI, Inc. 83777 Avenue 55 Indio, Ca. 92201 Sheet I of 3 PROJECT NO. 2009-09 CONTRACT CHANGE ORDER NO.2 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 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. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ This Contract Change Order allows for additional grading and landscape in CV WD Well site area Total $ 4,217.50 This Contract Change Order allows for fence modifications, rebar, and aggregate base upgrade Total $ 2,269.50 This Contract Change Order allows for the painting of a graffitied wall in the new dog park area Total $ 1,138.83 This Contract Change Order allows for a charge to expedite the delivery of the shade structures Total $ 2,228.70 This Contract Change Order allows for additional signage and striping modifications Total $ 1,313.25 This Contract Change Order allows for the rental of temporary fencing during sod establishment period Total $ 555..39 This Contract Change Order allows a Quantity Adjustment between Bid Quantities and Actual Quantities Installed Total $ 8A72.80 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Previous Contract Amount through CCO No. 1 $ 227,744.40 Add This Change Order No. 2 $ 20,195.97 Revised Contract Total $ 247,940.37 By reason of this contract change order the time of completion is adjusted as follows: -0- working days added/deleted to contract time. The revised contract completion date shall be: 12/30/10 ++++++++++ Submitted Approved // J,-,nKs5-an note• 12-2 Fi ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ We, the undersigned Contractor, havegiven careful consideradon to the change proposedand hereby agree, if this proposal is approvei4 that we will provide all equipment, furnish all materials, perform all labor, except as may be notedabove, and perform all services necessaryto complete the above specified work, and hereby accept as fill payment the amount shown abovl(wh fh includes all direct and indirect overhead expenses jar any delays. Accepted Title: Date: V "/ L'97,v1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P 0 Box 1504 La Quinta, CA 92247 DOC # 2011-0053727 02/02/2011 03:52P Fee:NC Page 1 of 2 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111111111111111111111111111111111111111111111111 S R I U I PAGE I SIZE DA MISC LONG RFD COPY i a M A L 465 426 PCOR NCOR SMF CHG /rEX M W FVIG'E'g C �, T: CTY UNI SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION Pioneer Park Improvements, Project 2009-09 Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, CMC, City Clerk AND WHEN RECORDED MAIL. TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P. 0. Box 1504 La Quinta, CA 92247-1504 NOTICE IS HEREBY GIVEN: SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION 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 direrted_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 18th day of January 18, 2011, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: Pioneer Park Improvements, Project No. 2009-09 6. The name of the contractor for said work of improvement was: RDP/SCI, 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: Southeast corner of the intersection of Miles Avenue and Seeley Drive. % DATED: January 25, 2011 CITY OF LA QUINTA, CALIFORNJA Clerk STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE 1 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 Quinta, California. VERONICA /MONTECINO, City Clerk City of LQ/@'uinta, California