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O & J Golf/SilverRock Irrigation 13SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and O & J Golf Construction, 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. 2013-06, SilverRock Irrigation Relocation Improvements, in the City of La Quinta, California pursuant to the Invitation to Bid, dated July 1, 2013 the project Specifications, and Contractor's Bid, dated July 23, 2013 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 40 calendar 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 Three Hundred and Eighty -Seven Thousand, Eight Hundred and Eighty -Four Dollars and Zero Cents ($387,884.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. 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, Contract 1300-1 ...v 1 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 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 1300-2 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. 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 written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. 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 Contract 1300-3 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. 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. ***The remainder of this page is left intentionally blank*** Contract 7300-4 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. Dated: ATTEST: Susan Maysels, City Clerk "CITY" CITY OF LA QUINTA a California municipal corporation By: Frank J. Spevacek, City Manager Dated: l b/3 "CONTRACTOR" (if corporation, affix seal) Dated: By: ea 4 L,4-A r 1 signature Name:ySr(p� �9 c�7 �Jtz/ Title: C ge print name . Address: 59.9- Jn `S���Sn)e 1�����mt� a F-SSj street address city state zip code Dated: By: signature Name: Tii print name - Address: street address city state zip code Contract 1300-5 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California muniAnal enrnnratinn ATTEST: ated: Susan Maysels, City CP k APPROVED AS TO FORM: SIf3 M If COUN IMART City Attorney "CONTRACTOR" (If corporation, affix seal) Dated: O By signature Name: �5cr( �9— �ulY�i/)2t� Title: print name Address: Dated:— Name: — Address: address print name street address st e signature Title: city state v a9355) code zip code Contract 1300-5 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on August 6, 2013, awarded to O & J Golf Construction, Inc., hereinafter designated as the Principal, a Contract for City Project No. 2013-06, SilverRock Irrigation Relocation 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 I as Surety, are held and firmly bound unto the City in the just and full amount of Three Hundred and Eighty -Seven Thousand, Eight Hundred and Eighty -Four Dollars and Zero Cents ($387,884.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the 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. Faithful Performance Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of 2013, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal Signature for Principal Title of Signatory Surety Signature for Surety Title of Signatory Address of Surety Phone # of Surety Contact Person for Surety (Seal) (Seal) Faithful Performance Bond 1310-2 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on, August 6, 2013, awarded to 0 & J Golf Construction, Inc., hereinafter designated as the Principal, a Contract for City Project No. 2013-06, SilverRock Irrigation Relocation 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 I as Surety, are held and firmly bound unto the City in the just and full amount of Three Hundred and Eighty -Seven Thousand, Eight Hundred and Eighty -Four Dollars and Zero Cents ($387,884.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the 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. Payment Bond 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of 2013, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Address of Surety Phone # of Surety Contact Person for Surety Payment Bond 1320-2 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 Workers Compensation Insurance Certificate 1330-1 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 Liability and Insurance Requirements 1340-1 (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. Liability and Insurance Requirements 1340-2 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. 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 ($4,00O,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. Liability and Insurance Requirements 1340-3 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,O0O,OOO 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,OOO,OOO 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,OOO,OOO per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are authorized carriers in the state of California and with an A.M. Best rating of A - or better and a minimum financial size of VII. Contractor and City agree as follows: 1. Contractor agrees to endorse the Commercial General Liability coverage Liability and Insurance Requirements 1340-4 required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985 or equivalent. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this Contract to do likewise. 2. Any waiver of subrogation express or implied on the part of City to any party involved in this Contract or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this Contract, to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Contract shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractors or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Contract (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any Contract involving City in relation to the project(s) contemplated by this Contract is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of this Contract. Liability and Insurance Requirements 1340-5 In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require written notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration of non -renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Contract to do likewise. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If contractor's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the contractor, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. Liability and Insurance Requirements 1340-6 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the city, and to require all subcontractors and any other person or entity involved in the project contemplated by this Contract to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 18. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 19. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Contract and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 20. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. Liability and insurance Requirements 1340-7 It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers, if any are working on this project through Contractor. City shall determine the liability limit. 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: Frank J. Spevacek, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247 Liability and Insurance Requirements 7340-8 1 PREMIUM FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond 1000934678 Premium $11,637.00 Issued in Two Original Counterparts SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; THAT the City of La 'Quinta, a municipal corporation, hereinafter designated the City, has, on August 6, 2013, awarded to 0 & J Golf Construction, Inc., hereinafter designated as the Principal, a Contract for City Project No. 2013-06, SilverRock Irrigation Relocation Improvements and: WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performanceof said Contract: NOW, THEREFORE, we; the Principal, and U.S. Specialty Insurance Company as Surety, are held and firmly bound unto the City in the just and full amount of Three Hundred and Eighty -Seven Thousand; Eight Hundred and Eighty -Four Dollars and Zero cents fg387,884,00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors; jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the 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. rairhfia,ftd manw Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 12th day of August 2013, 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, O & J Golf Construction, Inc. Principal (Seal) Signature for Principal C-FO Title of Signatory U.S. Specialty Insurance Company Surety ISeal) Signature for Surety - Shaunna Rozelle Burchfiel, Attorney -in -Fact Title of Signatory Go Risk Transfer Associates Insurance Agency, Inc. 700 W. 1st Street #3, Tustin, CA 92780 Address of Surety 714-617-7161 Phone # of Surety Shaunna Rozelle Burchfiel Contact Person for Surety Falfhrel pwformance Bond 1310-2 ACKNOWLEDGMENT State of California County of Orange } On August 12th, 2013 _ before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Burchfiel, Attorney -In -Fact who proved to me on the basis of satisfactory evidence to be the person whose namefA) _ are subscribed to the within instrument and acknowledge o me that he/h /they executed the same in his(fie�their authorized capacity), and that by hid%/their signature(S} �on the instrument the person', 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 v � aaeeeooaooecaoaaeaaea+oouaoa>oeeoe0000es% h.� iAVr� f�! Ur I Q % My cc�n.niss�on E:puc� Jan. 31, 2014 0 (Seal)°�o:.aaS0000eaaoaw�aaoce�.a>ooaeaoaaeo,cee PREMIUM FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: Bond 1000934678 Premium Included in Pedonnance Bond Issued in Two Original Counterparts THAT the City of La Quima, a municipal corporation, hereinafter designated the City, has on, August 6, 2013, awarded to O & J Golf Construction, Inc., hereinafter designated as the Principal, a Contract for City Project No. 2013-06, SilverRoek Irrigation Relocation 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 U.S. Specialty Insurance Company as Surety, are held and firmly bound unto the City in the just and full amount of Three Hundred and Eighty -Seven Thousand, Eight Hundred and Eighty -Four Dollars and Zero Cents ($387,884,00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not. exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the 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. oayment;Bond 1320• r IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 12th day of August 2013, 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. 0 & J Golf Construction, Inc. Principal Signature for Principal cFK) Title of Signatory U.S. Specialty Insurance Company Surety S� 61,j Signature for Suretyc Shaunna Rozelle Burchfiel, Attorney -in -Fact Title of Signatory c/o Risk Transfer Associates Insurance Agency, Inc. 700 W. 1 st Street #3 Tustin, CA 92780 Address of Surety 714-617-7161 Phone # of Surety Shaunna Rozelle Burchfiel Contact Person for Surety (Seat) (Seal) Payment Bond 7320-2 ACKNOWLEDGMENT State of California County of Orange ) On August 12th, 2013 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Burchfel, Attorney -In -Fact who proved to me on the basis of satisfactory evidence to be the pers9n whose name i are subs abed to the within instrument and acknowledge o me that helkh lthey executed the same in his(fie their authorized capacity 061 and that by hi,�%h /their signature on the instrument the person, or the entity upon behalf of which the person(,%5 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. OOOa0040a d3 ddddJd'dWdWla' (-.,MM>?9GM^ WITNESS d and official seal d U4 ld A r ,F i1 (L r It�A„Iti 7j uj = to c..J.�n aa� A, Signature Signature (Seal) POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors IndemnityCompany, al�Califomia corporation United States Surety Company, a Maryland corporation and U S - Specialty InsuragceIE Cmgany, ' �exlls corporation (colleonvely the do by "Companies"), George Burchliel, Sh unna Rotzelle Burchfiel or Catherine &niillse Burchrrel of Tustin, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred -in its name, place and stead, to,rxecut , acknowledge and deliver any and all -bonds, recognizances, undertakings br other mskruments or contracts of syreTyslio Iletde riders, amendments,_and consents of surety, providing the bond penalty does�not exceed *�*leeMillion***** -Dollars $ **3,000,000,00** ). � I I This Power ofAttomey shall expire �pithout fbAbe atI on March 18:qWi tniPPerAr of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: I� Attorney -in -Fact maybe given full power andauthnty r andofoin the name of and on behalf of ihe Cum' any! to ecll te„��Aeknowledge and deliver _any and all bonds, _ recognizances, contracts, agreements or indem ity and other eondrtional=or obligatory uodertakir�gs, ncl)idin ar aVhit all consents for the release of retained percentages and/or final estimates on engmeering,andWnstivenon 6ontrdcts, and any and all notices. and',Idoc�Ume is anceling or terminating the Company's liability thereunder, and any such ins[mments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,;and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be validand binding upon the Company with respect to _any bond or uudenakinggo which it is attached. IN WITNESS WHEREOF, The Cornpa4ies!IhaJe caus4d this �lnstrument to be signedand their corporate seals to be hereto affixed, this " ` day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY „�pnciORe Y� S6 �4QH M a Corporate Seals � � Y� Da P. rporae eas o N s p L£ II I 5 � s i� t2 - B Y ±yrowe,' „ + , , + guilaC Vice President State of California _County of; Los Angeles SS: -: 97 On this T day of October, 2011, before title IIdIDel�orl�h 4ees!h, a notary pubho personally appeared Daniel P. Aguilar, Vice President of __ American Contractors Indemnity Cottipany, IIIUmted StAcs Surety Company and U S=Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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 undetthe laws of the State of C hf rI that the i��'or geeing paragraph is true and correcC WITNESS my hand and official seal—otilowwstesE aamnuuw lueou Signature ��R� itevI (Seal) `' ` Conn E uw vn tl. 2015 I,_Jeannie Lee, Assistant Secretary o('Aquericaq C4,ntract�ly-o rs Indemnity Company United StatesaSurety Company and U.S. Specialty Insurance Company_do hereby cerI that lthe llabcve Ion ' foregoing is a true and corsect copf__a. Power of Attorney, executed by _ said Companies, which is still infi li forlce ind Ilfurthermore, the resolutions o_f the Boards of- Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 12-11,_ day of Corporate Seals- �izk— 1tPPErOF6 4P9' RFJ O NO t, r FP I k Bond No. ooj y -w a= Jeannie Lee, sistant Secretary Agency No- 10113 `� ra I , Sheet I of 3 CONTRACT: I�i�1l�lli ►[ia SilverRock Irrigation Relocation Improvements 2013-06 CONTRACTOR: O & J Golf Construction, Inc. 25920 Iris Ave. Suite 13A-339 Moreno Valley, Ca. 92551 CONTRACT CHANGE ORDER NO. 1 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 installation and relocation of additional irrigation lines and valves. Total $ 102,641.99 This Contract Change Order allows for a Quantity Adjustment between the Bid Quantities and the Actual Quantities Total S 31,542.70 ****************************************************************************************** Original Contract Amount $ 387,884.00 Add This Change Order No. I $ 134.194.69 Revised Contract Total 1 $ 522,069.69 By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The revised contract completion date shall be: 09/2713 Submitted ******************************************** U We, the undersigned C.omracm-F,-haveglven 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 the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By:a_o11, G' �4P/ -DO L Title: e F0 Date: 11-6 -d-d/3 T.IENGMEERMGSERVICES DIVISION (CIP}1PROfEMT CONSTRUCTION101S,0651LVERROCKIRRIGATIONM6 ATI N?SICDNSTRUCTIONNROGRESSPAV NTS& CCOSICCO XI. DOC CHANGE ORDER #: SUMMARY (Change Orders No. 2 to 7) CONTRACT #: SilverRock Resort Golf Course / No. 2013-06 SilverRock Irrigation Relocation Improvements PROJECT: SILVERROCK RESORT GOLF COURSE Mr. Willie Lopez 79-179 Ahmanson Lane La Quinta, CA 92553 951-966-1722 TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Project No.: 2013-06 THE CONTRACT IS CHANGED AS FOLLOWS: OJJJ GOLF CONSTRUCTION, INC. 25920IRIS AVE SUITE 13A-339 MORENO VALLEY, CA 92551 (915) 221.1436 (915) 221.1440 FAX 10/27/2013 1. CHANGE ORDER No. 2: 8" HDPE PIPE INSTALLATION IN LIEU OF 8" PVC $18,865.36 2. CHANGE ORDER No. 3: 12" GATE VALVE INSTALLATION $9,435.80 3. CHANGE ORDER No. 4: 12" LAKE LINE RELOCATION + AIREATION LINE $25,733.66 4. CHANGE ORDER No. S: 360 ELECTRICAL POWER LINE AND CONDUIT REPLACEMENT $14,841.66 S. CHANGE ORDER No. 6: CART -PATH (CONCRETE) RELOCATION $29,647.51 6. CHANGE ORDER No. 7: DUST CONTROL EXTENDED SERVICE $5,118.00 REQUESTED BY: OWNER REASON: CHANGES IN SCOPE OF WORK AND CONTRACT SUM. TOTAL COST OF THESE CHANGE ORDERS: $102,642.99 The new Contract Sum including this change order will be ...................... $522,068.69 The contract time will be (increased) by ...................................................... (0) Calendar days The date of substantial completion as of the date of this change order is 9/27/2013 It is mutually agreed that the contract price Is decreased by the total change order amount payable upon completion of the work ailed for In this change order. This change order Is incorporated into and governed by the above mentioned contract and is Incorporated therein. 10/17/2013 O&1 Golf Construction. Inc. Date Authorized Owner's Representative Date l CITY OF LA QUINTA OCK IRRIGATION RELOCATION IMPROVEMENT CIP PROJECT NO.20IMS Final Quantity Adjustment Cl mparlson Base Bid Nee No. 1 AnJod 0 Inelelbd Bid Quantity Item No. Descri m Unit Bld 0 UnitPrice Ouan New Total I Extended Unit once Price Coal DNe sups 1 Us Mob2leetlon LS 1 $25262.00 1 325262.00 92526200 f0.00 2 Dust Control LS 1 $10236.00 1 510238.00 $10236.00 $0.00 3 Initiation System Complete n Plaoe, per the Plan end S etl0catbns LS 1 $262 264,00 1 KS2622.26400 $282 264.00 W9 20400 $0.00 4 rasing), Including eiGevation, imcning, saWil and cd on LF 200 $45081 270 $450.61 SS0122.00 331642.70 Total $416426.70 S3117 114.00 S31.S{270 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: City Clerk 78-495 Calle Tampico Le Quinta, CA 92253 DOC # 2013-0566608 11/26/2013 01:12 PM Fees: $28.00 Page 1 of 2 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder "This document was electronically submitted to the County of Riverside for recording— Receipted by: MRUIZ SPACE ABOVE FOR NOTICE OF COMPLETION SILVERROCK IRRIGATION RELOCATION IMPROVEMENTS CITY OF LA QUINTA PROJECT 2013-06 CONTRACTOR: O & J GOLF CONSTRUCTION, INC. Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Exempt From Recording Fees per Government Code Sections 6103 and 27383 NOTICE OF COMPLETION FILED BY THE CITY OF LA OLIINTA, CALIFORNIA NOTICE IS HEREBY GIVEN: That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by: The City of La Quint&, 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 %tices 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 27th day of September 2013, a work of improvement on the real property herein described was completed by the contractor and accepted by the City. The public work improvement is described as follows: SilverRock Irrigation Relocation Improvements, City Project 2013-06. 6. The name of the contractor for said work of improvement was: O & J Goff Construction Inc. 7. The property on which said public work of improvement was completed is in the City of La Quints, County of Riverside, State of California, and is described as follows: Inside the SilverRock Golf Course along the All American Canal DATED: November 26, 2013 CITY OF LA OUINTA, CALIFORNIA BY: r TITLE: Susan Mays , City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE 1 1 hereby certify that I am the City Clerk of the governing board of the City Council of the City of La Quints, the political subdivision which executed the foregoing notice and on whose behalf I make this verification: that 1 have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that theforegoingis true �, and correct. Executed at La Quinta, California. di�l/�A,1', {� r`44"{�I4t, City of La Quints, California