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Rock Bottom, Inc/Turf Reduction Green Products 11
SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Rock Bottom, 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 Project No. 2009-18, Turf Reduction Green Projects, in the City of La Quinta, California pursuant to the Invitation to Bid, November 2010, the project Specifications, and Contractor's Bid, dated December 2, 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 Sixty (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 of Two Hundred and Sixty Eight Thousand, Five Hundred and Fifty -Six Dollars and Fifty -Seven Cents. ($ 268,556.57)• 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 City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 1300-1 Contract 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), 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 legal costs and attorneys' fees), judgments, civil fines and penalties, liability 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 or bodily or personal injury to 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. 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. 9. 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. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, at 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. 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California municipal corporatio Dated: Thomas P. Genovese, City Manager APPROVED AS TO FORM: AKat erine Jenson, i Attorney Dated: Name: C.VJ YX e�wties Print Name Address: Street Dated: Name: Print Name Dated: / Dated: / .. / � —'&/l "CONTRACTOR" (If corporation, affix seal) By: _ '5�)' )L z Signature Title: 17 eC,�f-1,0 By: Title: State Zip Code Signature Address: Street Address City State Zip Code 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." Signature Title Date SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION 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 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 Contract 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. 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. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Commercial General Liability Policy Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence for all covered losses and no less than Four Million Dollars ($4,000,000) general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, Collapse or Underground Hazard(X CU). b. Products and Completed Operations. C. Pollution liability. d. Contractual liability. Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2.3 Workers' Compensation Insurance Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. 2.4 Business Auto Policy Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. 2.5 Excess or Umbrella Liability Insurance Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage for liability not covered by primary but covered by the umbrella. Self -insured retentions are not permitted. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. 2.6 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Thomas P. Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247 PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 20-SBA-300614 Premium: $5,371.00 Executed in Two Originals THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on December 7, 2010, awarded to Rock Bottom, Inc., hereinafter designated as the Principal, a Contract for Project No. 2009-18, Turf Reduction Green Projects and: WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: * Rock Bottom, Inc. NOW, THEREFORE, we the Principal, and American Safety Casualty Insurance Companyas Surety, are held and firmly bound unto the City in the just and full amount of Two Hundred and Sixty Eight Thousand, Five Hundred and Fifty -Six Dollars and Fifty -Seven Cents. ($ 268,556.57) 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 w be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their corporate seals this 4th day of _ January , 2011, 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. Rock Bottom, Inc. Principal Signature for Principal kt5l Title of Signatory American Safety Casualty Insurance Company Surety Signs ure fo Sur y Stephanie Pham, Attorney -in -Fact Title of Signatory 100 Galleria Pkwy, S.E. Suite 700, Atlanta, GA 30339 Address of Surety (770)916-1908 Phone # of Surety Juli Dahlyren Contact Person for Surety (Seal) (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On / 1_ before me, Irene Luong, Notary Public TTDat- Here Insert Name and Title of the Otficet personally appeared Stephanie Pham Name s) of Signer(s) IRENE LUONG M Commission # 1883838 Z . -o - Notary Public - California Z _ -'' Orange County a My Comm. Expires Mar 22, 2014' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shet hey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and ' i sea Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officor—Title(s): ❑ Partner— ❑ Limited ❑ General 2 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER of thumb here 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: Top of thumb here <d 2007 National Notary Avsociatian • 9350 Da Sala Avo., e0. Box 2402 • Chatsworth. CA 913132402 • w ,,Nal,unalNotary.org Item 45901 R.Mv, Call TO Froe 1-800-876-6827 Bond No. 20-SBA-300614 Premium: $5,371.00 Executed in Two Originals SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Ouinta, a municipal corporation, hereinafter designated the City, has on December 7, 2010, awarded to Rock Bottom, Inc., hereinafter designated as the Principal, a Contract for Project No. 2009-18, Turf Reduction Green Projects. 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. * Rock Bottom, Inc. American Safety Casualty Insurance Company Surety, are held and firmly bound unto the City in the just and full amount of Two Hundred and Sixty Eight Thousand, Five Hundred and Fifty -Six Dollars and Fifty -Seven Cents. (S 268,666.5) 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 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. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their corporate seals this 4th day of , ^ January , 2011, 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. Rock Bottom, Inc. Principal Signature for Pri cipal ELIYL Ii?e-wT- Title of Signatory American Safety Casualty Insurance Company Suret I a 0 SigrOGrefr S rety Stephanie Pham, Attorney -in -Fact Title of Signatory 100 Galleria Pkwy, S.E. Suite 700, Atlanta, GA 30339 Address of Surety (770)916-1908 Phone # of Surety Juli Dahlgren Contact Person for Surety (Seal) (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On I I before me, Irene Luong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Pham Name(s) of Signeds) IRENE LUONG �- Commission # 1883838 z p,o Notary Public - California z =� Orange County My Comm. Expires Mar 22, 2014' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and offi ial s al Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General N Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ 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: of thumb here C 2W7 National Notary Asloriation-9350 Do Solo Ave.. PO. Box 2402-ChatxwWh, CA 91313 2402 - .11 Nationr Notal,.n Ism 95907 Reorder: Call Toll Free 1-800-876-682/ NUMBER 20-SHA•300614 POWER OF AVORNEY A�orea&mv SNOW ALL MIN By TUBSE pB88MM teal Atae dcm Safety Caualty, Imumoce Compaay, his made6 oonbt&4 sad Wousad, and by alias weemam dome m*r torudtme sad appdou = _ _ _ -- _ Stephanie aifil ib Uae end bwfd altomey-in-fad. for it exceeds on belreH of tlm emit Company.-m safety. binds.-underuhaS rnd contract; of suretyship m be givm to ' ' ALL OBLIGORS, provided dun are bmd or undertaking or oomaetofspregaMp axemced tinder teq au"tyseWfeseeed is apawm'>ha•aumof Tktttimdmd array Eight ibmamd Five Ftmtlaad Fifty Six Daaws and Fits SwmCant, (o268.556.60) This fbaerof Ann ay Ispassel and b signed aced upMdby=Mlmda.uhda tab by the au"OlIf cedes fen ing RewhOm adowed by die Board of Dbum of th_eCompeay oa M4 e Hiyltl&Y-0f:80ptember2003 BBBOLVED. Out the hadat in tsu�juatloD -w tlm Serapaty or aoy:Msu_mt Seeamty tuay appoint atmmeys-la ha sgam-vrith—aatbonty a defmW or IimiRd in 0r'. fmroo ('0yidenmg des epppjptmeat in ash-ena. fora" 6EhaifOr Me Company: t0-eaeeOla-and If tad BfBx`th0 a of the CompaaY to band[. wedKbelde .. tewptuncm and su cgxhV opSpdam dap Wt&, aced sad oPooeu may remove •ay such attorney-in•4aa a agent and eevdte any povnr d amaay pseviwsb Boated m such parimU. 229MV1ID 1111)R IEM dun gay bond, mderml sig, moogdna, of mayddp ob8plion duall be wBdaad.mm ft upoashe Company: 0) when'dpW by do Ptcridemormay Vice--Ptaiast and atmseed read sealed (if a east be mqubco by mySepeYmY or Aubtm Secretary or o whin sipW by tlx Rvldene a Shy Min Pmsidest a Seoretary, or Assisted Secretary. sun muatadpW add sealed (V a.sad be repelled) by a dab mgsalzea atmmey-indict or agm or (fu) when duty 'eaemmd and sealed Ctf a tad be ) by rem or mom ahsmey-la-fat:[ of apnm pummm m and widdn the usma of die mdw ty evidmeed by the power of aamoey issued by am Cry toacme palm or pereae. rj=VZD pu1P Its Mat dah dguatme ofmy aahaftedoffiecr aneta d red d da peepaay inky beafg_am byfectinefe, m my powQ ofetmmey.:or ondfcada dxrmf oaMaifiog dx.axewam aced dem of my 6oad,_medomkfng sergpbeoa:_a odmr_smetys6tp obdgatbaa dim C�panY em ouch dBatiae sad sal when are deed slult: Im4ataaie tarro mAaftEar ale-Mmge maunelb aRised. _ - - - =37 _`__ iN WrDm wmmWF.Ara&=Safety Casualty wamace, Company less ousel sir M blil sot to be Numb alBiid,aced Mae prsmm m the dped by let Resident ad aaesmd by in Seaasy, dde fgbdi day ofSapmmber. 2M, f(��' Attest;{ . riaraoiph L. Mdm, secretary 't+-�; Stephen R. cdm Praldem 6GITZOF GWBGYA _coumop CDBB it: = - W M _ — - - __-- Oa ads Bights day ofSgpomet M. 20Et, before me prrsuoadb tbsee Stephm R Crimtoksos , me ru. who, being by me duly swan. did depose and my elms be is the Praidmt d Amalieno Safety Casualty la ws=Campnq, the eorpxeam ascribed is cad w execsmd Me above inetrrmmnt: Min he kaowt site smi of the said corporation: that the sat dual to 0m add dnaaeaiumt is such mrpmds am4 that is was so atSaed by order ofdie Bard ofDbssmis datbd asporadm and Mat be deed bib mm amreto by like order. - `t,h Mw'eaI Qooi 2`rV>�lW�o1`. Baobmn, Namy PoNk 4 tY midauped, S�m'y of Amedcm'Sakp' Caueiry-mmmece-Coa¢atty m-atinom. crerporatiga DO HPREBY CPlMFY dud the fmEgdag avd a[moed- -Poercr d Atteexmy remain im fall ftaa and bas_aor beam invoked and fmMerrmsa the du Raolmm d4ie Hard bkectms act forts iWelm and Pow_ er ofAnomaly, u crow" - a+ Sighed adSeded at Me City dAdenta, in the Sure ofGwrsu. Dated ale (�• dayo�jVW10l ✓f�{ .��' - nwiu n L WM aaeramn, -----bRIGINILS OFTHISPOifER DFALi`OR.VES AREPRITED iF77'H RED NGAIERTTn(L1'4:titEER.f.- -- - -- - DGPLICATESSHALL HAt ETHES 1 AfE FORCEAND EFFECT ASAN ORIGINAL ONLY NHENTSSCED IN CONJUNCTION W'IT77 THE ORICLtiIL %1 ,-IVV rem.. ACORD CERTIFICATE OF LIABILITY INSURANCE o11 3/2011 PRODUCER 661.616.4700 FAX 661.616.4500 TWIW Insurance Services, LLC - #OE52073 5001 California Avenue Ste 150 Bakersfield, CA 93309 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Rock Bottom, Inc. 2724 Landco Drive Bakersfield, CA 93308 INSURER A: Scottsdale Ins Co INSURERS: American States Ins Co INSURERC: Zurich American ins Co 16535 NSURER 0: NSURER E: rovPRAIMPA 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. INSR kDD`L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY BCS0023426 11/01/2010 11/01/2011 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00 CLAIMS MADE � OCCUR MEO EXP (Any one person) $ exclude PERSONAL SADVINJURY $ 1,000,000 A X $5000 ded. GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000 00 POLICY f X IRI- LOC JECT AUTOMOBILE UABILNY ANY AUTO OICI277027-2 11/01/2010 11/01/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per oxidant) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ E XLS0070538 11/01/2010 11/01/2011 EACH OCCURRENCE $ 10,0070,00 AGGREGATE $ 10,000,00 XXCESSIUMBRELLA CLAIMS OCCUR CMS MADE $ A $ DEDUCTIBLE $ X RETENTION $ WORKERS COMPENSATION AND WC0307244602 10/03/2010 10/03/2011 X WCSTATu pq E.L. EACH ACCIDENT $ 1,000,00( C EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEH EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,00( It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: Project No. 2009-18, Turf Reduction Green Projects ertificate holder is included as additional insured on the general liability,but only with respect to he operations of the named insured only where required by written contract. Waiver of subrogation is added in favor of the certificate holder on the we policy. endts attached. 0 day notice of cancellation will be sent for non payment of premium rA1Jrn I ATInM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Of La Quinta Nick Nickerson BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box I504 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE i La Quinta, CA 92247 Shaun Kell SHERID ACORD 25 (2001I08) FAX: 760.777.7101 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 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 dam- age" or "personal and advertising Injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the add itlonal insured. A person's or organization's status as an addl- Venal Insured under this endorsement ends when your operations for that additional Insured are completed. CG 20 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- sureds) 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. 0I50 Properties, Inc., 2004 Page 1 of 1 ❑ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4.84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/03/2010 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC 03072446 02 of the American Zurich Insurance Company issued to ROCK BOTTOM, INC. Premium (if any) $ Endorsement No. (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The premium charge for this endorsement shall be 0.0 % of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. WC 252(4-84) WC 04 03 06 (Ed. 4-84) Job Description BLANKET WAIVER OF SUBROGATION Page 1 of 1 Sheet 1 of 4 CONTRACT: Turf Reduction Greens Project - Pre -Construction Meeting PROJECT NO. 2009-18 CONTRACTOR: Rock Bottom, Inc. 2724 Landco Drive Bakersfield, CA 93308 CONTRACT CHANGE ORDER NO. 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 This Contract Change Order allows for the installation of Arizona Cobble in lieu of Turf due to space constraints Total$ 1 381.84 This Contract Change Order allows for the installation of a Backflow Device for the Irrigation System Total 666.84 This Contract Change Order allows for the upgrade from trees with thorns to thom less trees Total 472.25 Original Contract Amount $ 268 556.57 Add This Change Order No. 1 $ 2,520.93 Revised Contract Total $ 271,077.60 By reason of this contract change order the time of completion is adjusted as follows: -2- days added/deleted to contract time. The revised contract completion date shall be: 4/28/11 Submitted Bv: �S Approved 13 We, the undersigned Contractor, have given careful consideration to the changeproposed 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 assfulljjpayment the amount shown above, which includes all direct and indirect overhead expenses jar any delays. Accepted By: —Title: Y ro o Contractor: vtn Date: 31 Z7� (1 T:tENGRVEERINGSERVICESDWISION(CIP)WROM S\2_CONSTRUCTIOM2-ISTURFREDUCTIONGREENSPROIECI,�,ONSTRUMOWROGRESSPAYMEMS&CCO'S\CCO HI.DOC 1619W1Y7� IIT�1 P ' 1211_014O 14) CONTRACTOR: Tw!t 4 4 a9mm Turf Reduction Greens Project - Pre -Construction Meeting 2009-18 Rock Bottom, Inc. 2724 Landco Drive Bakersfield, CA 93308 CONTRACT CHANGE ORDER NO. 2 Sheet 1 of 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. DESCRIPTION OF CHANGE This Contract Change Order allows for the installation of Wrought Iron Fencing for Site & Officer Safety concerns Total 4,800.00 This Contract Change Order allows for patching and painting of the north masonry wall to enhance the project Total $ 875.00 Previous Amount Through CCO No. 1 $ 271,077.60 Add This Change Order No. 2 $ 5,675.00 Revised Contract Total $ 276,752.60 By reason of this contract change order the time of completion is adjusted as follows: -3- days added/deleted to contract time. The revised contract completion date shall be: 5/03/11 Submitted Approved Z41 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 payment to amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted a Title: PAJ w Date• 3 )1 T:\ENGINEERING SERVICES DIVISION(CIP)\PROIECM CONSTRUCUON¢ -18TUR DUCTIONGREENSPROMCT\CONSTRUCTIOMPRWR SSPAYM6 S&CCO'S\CCO H1 DOC CONTRACT: PROJECT NO. CONTRACTOR: Turf Redaction Greens Project 2009-18 Rock Bottom, Inc. 2724 Landco Drive Bakersfield, CA 93308 Sheet 1 of 7 CONTRACT CHANGE ORDER NO. 3 t PursuaottothetermsoftheoriginalContractAgteement,you areherebyd tomakethehereindescribedchangesordothafollowing described work not included in the plans and specifications fortbis Contract. Unless otherwise stated all work shall conform to the torms, general conditions, and special provisions of the original Contract. DESCRIPTION OF COANGE This Contract Change Order allows for the removal of concrete and gate modifications at the Police Station Total S 4,168.81 Ibis Contract Change Order allows for replacement for irrigation wire and the application of colorcoat at Firestation Total $ 1.531.03 This Contract Change Order allows for installation of Palm Tree Bubblers, a curb drain, and relocation of artwork Total $ 2.95938 Previous Amount Tbrough CCO #2 $ 276 752.60 Add This a Order No. 3 $ 8,659.22 Revised Contract Total $ 295,411.82 By reason of this contract change order the dw of completion is adjusted as follows: -8- Working Days added to contract time. The revised contract completion date shall be: 05/13/11 #******#*###*###**##«#*****######**#*########*##*###*#«*«***#*#*########*#######***«***### Submitted Approved We, the undersigned Contractor, 6avegiwar catoal eansldmsilm to thechaageproposed and hereby agree, tf this proposal is approved that we will provide all equipment, furnish all matertals, perform all labor, except as may be noted above, andperform all services necessary to complete the above *wified work and hereby wept as full payment the amount shown above, which includes all direct and Indirect overhead menses for any delays. Accepted 31 Sheet 1 of 3 CONTRACT: Turf Reduction Greens Project PROJECT NO. 2009-18 CONTRACTOR: Rock Bottom, Inc. 2724 Landco Drive Bakersfield, CA 93308 CONTRACT CHANGE ORDER NO. 4 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 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. xxxxxxx*xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx DESCRIPTION OF CHANGE This Contract Change Order allows for a Credit Adjustment between the Bid Quantities and Actual Quantities Total $ (2,447.76) This Contract Change Order allows for a concrete repair at the Police Station Total $ 480.00 xxxxxxxxxxxxxxxxxxxxaxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Previous Amount Through CCO #3 $ 285,411.72 Add This Change Order No. 4 $ 1967.76 Revised Contract Total $ 283,443.96 By reason of this contract change order the time of completion is adjusted as follows: -0- Working Days added to contract time. The revised contract completion date shall be: 05/31/11 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx We, the undersigned Contractor, havegiven careful consideration to the changeproposed 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 worn, and herebygccept as full payment the amount shoe above, which includes all direct and indirect overhead expenses for any delays. Accepted 0 6( PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, CMC, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Clerk's Department P. O. Box 1504 La Quints, CA 92247-1504 DOC # 2011-0338287 08/03/2011 08:00A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIII II III III 11111111111111111111111111111111111111 S R U PAGE MISC I LONG I RFD I COPY HSIZEDA M A L 466 1 426 1 PCOR NCOR SMF NCH EXAM I r106 CC, IT: I CTY UNI NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: �/0 1. That the interest or estate stated in paragraph 3 herein in the real property herein descrlb062 owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of La Quinta is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. That the nature of the life of the stated owner, or if more than one owner, then of the stated owner and co -owners is: In Fee. 4. That on the 19t6 day of July, 2011, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: Project No. 2009-18 turf removal and landscape improvements at the following public facilities: (1) Civic Center Campus and City Hall, (2) Village Police Substation, and (3) Fire Station #70. 6. The name of the contractor for said work of improvement was: Rock Bottom, 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: (1) Between Avenida La Fonda and Calle Tampico, west of Washington Street, (2) near the intersection of Avenida Bermudas and Calle Estado, and (3) corner of Madison Street and Avenue 54. DATED: July 20, 2011 CITY OF LA QUINTA,,' CALIFORNIA BY: � Y k"� TITLE: Deputy CWy Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I hereby certify that I am the Deputy 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. y /`� SUSAN MAYSELS, De ty City Clerk City of La Quinta, California