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O & J Golf Const./SR Golf Restoration Improv. 14SECTION 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. 2013-0613, SilverRock Golf Course Restoration Improvements, in the City of La Quinta, California pursuant to the Invitation to Bid, dated (June 2014), the project Specifications, and Contractor's Bid, dated July 10, 2014, 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 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 One Million, Seven Hundred Thousand, Five Hundred and Forty - Eight Dollars and Ninety Cents ($1,700,548.90). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to, any workman employed for the work to be performed under this contract; -and -the Contractor shall forfeit as a penalty to -the City the -sum of -Twenty -Five Dollars. ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. 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 Contract 1300-1 1i 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. Contract 1300-2 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 written notice. to the City and the commercial general liability policy 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 i❑ 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. 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 Contract 1300-3 �7 • 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. Contract 1300-4 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated. below. "c1Tr' CITY OF LA.QUINTA a California municipal corporation Dated: By: FrankJ. Spevacek, City -Manager ATTEST:. Dated: Susan Maysels, City Clerk APPROVED AS70 FORM: Dated: William H. Ihrke, City Attorney City of La Quinta, California "CONTRACTOR" ` __.... (if corporation, .-aff eal) Dated: By: signature Name: L948A4- %- Sid a VA � Title: Ce print name Address: aS�j� o JV c Acre: !- 13A-33�J street address city: state zip code E-mail: oSC�w . oatnat�j @vrl-Hoa+��G Dated: ... signature Name: Title: print name Address: -street address city state zip code E-mail. Contract 1300-5 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. Susan Maysels, City Cl r APPROVED AS TO FORM: iIf William H. Ihrke, City Attorney City of La Quinta, California Dated: ag" PO/4 "CITY" CITY OF LA.QUINTA a California municipal corporation V Joe ` • Dated: "CONTRACTOR" (If corporation, aff' eal) By: signature Name: �sC w� (�' S d a ire` Title: C print name Address: r35 %d-a l V i s �- �r I-F2 3� — 33 �,v1d L1a Jiz� `� �5S / street address city E-mail: BSCOw, , d 4,Ud l @ d+106�� Dated: By: Name: print name Address: E-mail: Title: state zip code signature street address city state zip code Contract 1300-5 ACKNOWLEDOnrIENT Sfete of Califomi'a° County of` Orange } ACKNoWL-ED MENT State of�Caltfomia County of` Orange July 29th, 2014 before rrie; Suzan M. Martinez, Notary Public (insert narrme antl'title of.the afPlce�) I certify:under PENALTY OF PERJURY underthe laws of the State of Gallforna that the foregoing' paragraph Is true antl,correcf., WTNESS my hand`and:official seal, SUZAN M. MARTINE2 Commission # 1970964 Notary Public - California z z "� Orange County D ' /�sDcZ (Seal) My Comm. Expires M Signature::ar 29, 2016 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY 'U.S. SPECIALTY INSURANCE COMPANY KNOW ALL ME"Y THESE F-RESENTS Tha American Contractors Indemnity 'Company, a61ifornia corporation, ITtted Sues S4et:PCompen:gra Maryland c iafron an MSMSpecialty Insurance ompany, a Tekas corporatioi of tiv hi ` Companies"), do by these presents e,=constttu�and-'appoint: p II�� �1illllllll George Burchfiel, Shaunna Rozelle Burchfiel or Catherine Denise Burchfiel of Tustin, California its true and=lawful-Attomey(s)-in-fact, each in their, separate capacity if more than one is_named=above, with full power and authorib6=: eL�g�onferred •ts name, place, stead, to °ecute, acknowledge and deltvewan�am -all bonds, recognizancq$;FWertakmgs onot iiFf instruments or contracts of suretysh'll'llll tlo include riders, amen�metnts�and_consents of surety, &oy ng the bond = penai�yy does not exceed ��� 11 ��!II I ''i 'I ***'*Three Million***** — = Dollars ($ ' 000,000.00 W ). This Power of Attorney shall expire without further action on December 08, 2016. This Power 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 air thortty to appoint any one or more�uttable persons as Attomey(s)-in-Fact to representla dl act for and on behalf of the Company subject boa the folla_win_� provisions: _ _ IIIII'Vo ;!II = 11 dl IIII III II it li` Alrorney in Fact maybe given full powerafi&gicithrint or an�n_t�me of and on behalf of e Y p y to' execute, acknowledge and dd_Rrer- an�and all dS recognizances, contracts, agreements or tn�nity-ate-other condmonal or obligatory undelrtakin, ;lllrincluding any and all consents f6r' rcleas� retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-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 seal of the Company heretofore or hereafter affixed to_any power of attorney or any certificate relaU the[e�y facsstmtlean_any power of attlgeylllor;',certificalte lil II ri101facsimile signature or�acstmtCe sea�hallhe valid and=binding upon the -Company_ with respect tn-v ond-orUndertakin o which it is attac ed INVITNESS WHEREOF, The Companies have caused this instrument to basign�d their corporate seals to be iIcto affixed, -this 1 Oth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY ANTED STATES SURETY I COMPANY,, /PANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals su" -� RFj:� '�l'r��c''•., I�i;. m II r =": a�mavorus[s .y' -G1 j���'9I Daniel P. Aguilar, Vice President State of California Go fDsAgpes SS: O lh da of December, 2012, before me, Vanessa y II Wright, a notary public; persoul-y appeared Daniel P. AguilaWce-P-residdeof American Contractors Indemnity Company, United States 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 wh c] the, personoq acted, executed the instrument= _ _ = i II I II lip r o�rtify under, PENALTY OF PEW MY- der W" a1 arts of the State of Callltlfolr'r� withat,the foregoing paragraph7�ue_and corC c = i ld Ill l 111 u' WITNESS my hand and official seal. — V. WRIGHT Comndsamn M i99a319 Signature (Seal) Horymile cann� s i — M Comm Ezpiros Oea 8 2Q16 I I'l'I'I Iu _M aruneZeeSAs stant Secretary( f American ntra'ctors Indemnity _mean nt edStatesig rety Compan�nd II S. Specidl y� Insurance -Com an do hereb cerll l tha P y, y fyl t th lal Il�elllllan'd foregoing is a tine aneLcorsecRopy=of a Power of Attorney,=executed-by- said Companies, which is still in full force and effect; furthermore, the resolutions of 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 �_dgyL ot�� d, Corporate Seals Bond No 00 Po� yiµ a Jeannie Lee, ssistant Secretary - 3 y + t0113 Sblr?III IIII � I I I '� i�► ,„�rz �n ' . � 't — _ _ _ — �, 4CIFOAA / Ian*i... . Y .......... ...n — _ . 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 comme_Wing the performance of the work of this contract. , ggnature 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 has 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 Liability and Insurance Requirements 1340-1 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 I Liability and Insurance Requirements 1340-2 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 ($4,000,000) 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. G. 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 Liability and Insurance Requirements 1340-3- 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 Course of Construction Course of Construction insurance shall provide "all risk" coverage for the completed value of the project. Policies shall contain. the following provisions:. (1) City shall be named as loss payee; and (2) the insurer shall waive all rights of recovery against the City. 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 third party Commercial General Liability coverage required herein to include as additional insureds City, its officials, employees and agents, and County, 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 agreement 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. Liability and Insurance Requirements 1340-4 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. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at anytime 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 rightat 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. l Liability and Insurance Requirements 1340-5 - 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. It is not the intent of City to reimburse any third party for the cost. of complying with these requirements. Thereshall 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. Liability and.lnsurance Requirements 1340-6 a 2.7 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 92253 Liability and Insurance Requirements 1340-7 ok TLD 7-39 4 ACC) O CERTIFICATE OF LIABILITY INSURANCE BATE (MMIDDIYYYY) 7/29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. It 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). PRODUCER Dealey, Renton & Associates PO Box 10550 Santa Ana CA 94502 CONTACT Catherine Ruckabay PHONE (714) 617-7161 1FAXC. No: (714)617-1162 ado Lss:CHuckabay@insdra.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Wesco Insurance Company INSURED 0 & J Golf Construction Inc. 25920 Iris Ave.; Ste 13-A/339 Moreno Valley CA 92551 INSURERB:Insurance CompanV of the West INSURERC:Great American Insurance IN'SURERD:Travelers Prop Casualty Co INSURER E : INSURER F: r•nI/Cb ArSCC CFATICIL`ATC MI IMRFR•Ci tv of T.a Chl Lnta REVISION NLIMHI--H! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD S BR NUMBER MMIDIDY EFF POLPOLICY MMfDDNYYY LIMITS GENERAL LIABILITY EACHoCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY GE TO RENTED PR MISES Ea occurrence $ 100,000 MED EXP (Any one person) S 5,000 A CLAIMS -MADE X❑ OCCUR RPA1032019 01 0/5/2013 0/5/2014 PERSONAL 8 ADV INJURY $ .1 , 000 , 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY X PRO JFCTLOC AUTOMOBILE LIABILITY JE BINED SINGLE LIMIT Ee accident BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED TMDAMAGE PROPERTY S HIRED AUTOS AUTOS rcc $ i UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE S 2,000,000 D }[ E%CESSLIAB CLAIMS -MADE II019131942 /11/2014 10/5/2014 DED RETENTION $ S B WORKERS COMPENSATION - X WC STAT% OTH- ER - AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE ' $ 1 000 000 OFFICERIMEMBEREXCLUDED? (Mandatory In NH) NIA SD 5024218 01 7/18/2014 /18/2015 E.L. DISEASE- POLICY LIMIT $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below C Builders Risk SE979787 /30/2014 /30/2015 ContractAmount $1,700,549 Special Form Deductible: $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 191, Additional Remarks Schedule, If more space is requlredl Project: SilverRock Golf Course Restoration Improvements, Project No. 2013-06-B The City of La Quinta, its officials, employees and agents are included as additional insured per endorsement CG 20 10 07 04 and CG 20 31 07 04 when required by written contract. Waiver of subrogation applies. Wording is primary and non-contributing. *10 day notice of cancellation for non-payment of premium. *30 day written notice of cancellation. **ALL OCIP, WRAP OR CONSOLIDATED INSURANCE PROGRAMS EXCLUEDED. (760)777-7101 City of La .Quinta 78495 Calle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Huckabay/CAT C"-<;� ACORD 25 (2010105) 01988-201 o ACUKU CUKFUKA I IUN. Ali rtgnis reserved. INS075roninncinf Th. A!'.no[l of arnon ABA27430 POLICY NUMBER: WPA1032019 01 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(s): Location(s) Of Covered O erations Blanket as required by written contract and Blanket as required by written contract. effective during the policy period as stated in the policy Primary Insurance applies: It is agreed that such declarations. insurance as is afforded by this policy for the bene- fit of the Additional Insured shown shall be primary insurance, and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is de- termined to be solely the result of the Additional insured's negligence or solely the Additional In- sured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" 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 additional insured(s) at the location(s)' desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 OO ISO Properties, Inc., 2004 Page 1 of 1 ❑ AAA27430 " POLICY NUMBER: WPA1032019 01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket as required by written contract and effective during the policy period as stated in the policy declarations. Location And Description Of Completed Operations Blanket as required by written contract. Primary Insurance applies: It is agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insur- ance, and any other insurance maintained by the Addi- tional Insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the Additional Insured's negligence or solely the Additional Insured's responsibility. , This insurance also does not apply to any structure with an intended occupancy of a private residence, not including apartments. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect. to liability for "bodily injury" or "property damage" caused, in whole or in part,.by "your work" at the location designated and described in. the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1 ❑ ABA27430 ` POLICY NUMBER: WPA1032019 01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract and effective during the policy period as stated in the policy declarations. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ '�� �® CERTIFICATE OF LIABILITY INSURANCE DATE 8/15/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE .OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Transfer Associates RTA Pacific Coast Surety 700 W. 1st Street, Suite #3 Tustin CA 92780 NAMECTCatherine Huckabay PHONEFAX (714) 617-7161 No: (714)617-7162 E-MAIL .CHuckabay@insdra.com ADORES INSURE S AFFORDING COVERAGE NAIC# INSURERA WGSCO Insurance Company INSURED' O & J Golf Construction Inc. 25920 Iris Ave„ Ste 13-A/339 Moreno Valley CA 92551 INSURER9:Insurance Company of the West wsURERC:Great American Insurance INSURERDNational Union Fire Ins Cc INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:2013. Master Certificate IREVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR ILTR TYPE OF INSURANCE A DL UBR POLICY NUMBER POLICYEFF POLICY NM2 EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 5x� OCCUR RPA1032019 Ol 0/5/2013 0/5/2014 DAMAGE TO RENTEU_ PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY X JECT PRO- LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS OS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peraccident $ UMBRELLALUIB X OCCUR EACH OCCURRENCE $ 2,000,000 j( AGGREGATE $ 2,000,000 D EXCESS LIAB I CLAIMS -MADE rBU019131942 /11/2014 0/5/2014 DED I I RETENTION $ $ B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN' ANY PROPRIETOR/PARTNER/EXECUTIVE r OF.FICER/MEMBER EXCLUDED? (Mandatory in NH) NIA $D 5024216 00 /18/2013 7/18/2014 X WC STATU- OTH E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Property/Inland Marine HhC 0462561-01 /16/2014 /16/2015 Rented/Least equip limit 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more space Is required) Project: SilverRock Irrigation Relocation Improvements Project #2013-06 The City of La Quinta, its officials, employees and agents are included as additional insured per endorsement CG 20 10 07 04 and CG 20 31 07 04 when required by written contract. Waiver of subrogation applies. Wording is primary and non-contributing. *10 day notice of cancellation for non-payment of premium. *30 day written notice of cancellation. **ALL OCIP, WRAP OR CONSOLIDATED INSURANCE PROGRAMS EXCLUEDED. (760) 777-7101 City of La Quinta 78495"Calla Tampico La Quinta-, CA 92253 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Huckabay/SHAUN ©1988-2010 ACORD CORPORATION. All rights reserved. INS026:r9mnn5i ni Thai ArnRin nomo onri inns aro runictorcrl m:arkc of Annon ABA27430 POLICY NUMBER: WPA1032019 01 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR, ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izatll6ns : Locations Of Covered Operations Blanket as required by written contract and Blanket as required by written contract. effective during the policy period as. stated in the policy Primary Insurance applies: It is agreed that such declarations. insurance as is afforded by this policy for the bene- fit of the Additional Insured shown shall be primary insurance, and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory as respects any claim, loss or liability - allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is de- termined to be solely the result of the Additional Insured's negligence or solely the Additional In- sured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury"property damage" 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 additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the,additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ ABA27430 POLICY NUMBER: WPA1032019 01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Blanket as required by written contract and Blanket as required by written contract. effective during the policy period as stated in the policy Primary Insurance applies: It is agreed that such declarations. insurance as is, afforded by this policy for the benefit of the Additional Insured shown shall be primary insur- ance, and any other insurance maintained by the Addi- tional Insured(s). shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the Additional Insured's, negligence or solely the Additional Insured's responsibility. This insurance also does not apply to any structure with an intended occupancy of a private residence, not including apartments. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional_ insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ ABA27430 POLICY NUMBER: WPA1032019 01 COMMERCIAL GENERAL LIABILITY CG 24 04.05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract and effective during the policy period as stated in the policy declarations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —.Conditions: We waive any right of, recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed --operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance.Services Office, Inc., 2008 Page 1 of 1 L■J ACOR��' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 07/29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AGENT JEREMY GARZON CONTACT - NAME: PHONE FAX 951-653-1323 AIC No StateFarm 13800 HEACOCK ST SUITE C112 MORENO VALLEY, CA 92553 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICti INSURER A :State Farm General Insurance Company 25151 INSURED O&J GOLF CONSTRUCTION INC. INSURERB: 25920 IRIS AVE. # 13A-339 INSURER C : MORENO VALLEY, CA 92551-1658 INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICYEXP LTR TYPE OF INSURANCE fNSD ADD R POLICY NUMBER MM1D POLICY EFP MMIDDIY Y LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE 7_i OCCUR DAMAGE: TO RFNTEU— PREMISES Ea occurrence $ MEDEXP (Any one person) $ PERSONAL& ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 0 PRO- r JECT ii LOC PRODUCTS - COMP(OP AGG $ $ OTHER: AUTOMOBILE LIABILITY Y Y 470 3200-E12-75 (E accidentSINGIF LIMIT $ BODILY INJURY (Per person) $ 1,000,000 ANY AUTO 4718821-E22-75 03131/2014 10/01/2014 X AALLOOWNED I AtCrHrOSULEO 469 0001-D16-75 BODILY INJURY (Per accident) $ 1,000,000 PROPERTY DAMAGE Per accident $ 1,000,000 NON -OWNED HIRED AUTOS Auros 471 8823-E22-75 $ I UMBRELLA LIAB HCLAIMS-MADE OCCUR -T EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR -DED- I I RETENTION$ — $— WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El NIA I ( I j i STATUTE ER E.L. EACH ACCIDENT $ (Mandatory in NH) I EL. DISEASE - EA EMPLOYEE S If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) `Is this an OCIP Project: [ j Yes [ x ] No Project Description: Restoration Improvements Locatiom 79-179 Ahmanson Ln .City/State/Zip: La Quinta,CA92253 [ x ] Commercial or [ ] Residential C-EPTIGIrATE HOLDER CANCELLATION Certificate Holder: Silver Rock Golf Course SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 79-179 Ahmanson LN. La Quinta, CA 92253 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCOR INCE WITH THE POLICY PROVISIONS. Additional Insured in regards to: Coachella Valley Water District AUT�ORIZ D REPRESEN Ttv ©198 - 014 ACOR > TRP TION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 eud1.safety at et��tt3Teu�ere �vlsla�Or�i'ni,uce . LHOn fillfthe licensee ifurnie PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: City Clerk 78-495 Calle Tampico La Quinta, CA 92253 SPACE ABOVE FOR DOC # 2014-0486047 12/18/2014 03:57 PM Fees: $0.00 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: CARAGON DER'S USE ONLY NOTICE OF COMPLETION SilverRock Golf Course Restoration Improvements Project CITY OF LA QUINTA PROJECT 2013-06B CONTRACTOR: 0 & J Golf Construction Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Exempt Recording Fees per Government Code Sections 6103 and 27383 1 NOTICE OF COMPLETION FILED BY THE CITY OF LA QUINTA, CALIFORNIA NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by: The 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 2e day of October 2014, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows, SilverRock Golf Course Restoration Improvements Project. City Project 2013-06B. 6. The name of the contractor for said work of improvement was: 0 & J Golf Construction. 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: SilverRock Golf Course located at SilverRock Way and Avenue 52. DATED: December 18, 2014 CITY OF LA QUINTA, CALIFORNIA BY: TITLE: Susan Maysels, Cillclerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I hereby certify that I am the City Clerk of the governing board of the City Council of the City of La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I make this verification: that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at La Quinta, California. SUSAN MAYSELS, Cit Clerk City of La Quinta, California CONTRACT: PROJECT NO. CONTRACTOR: SilverRock Golf Course Restoration Improvements 2013-06B O & J Golf Construction, Inc. 25920 Iris Ave. Suite 13A-339 Moreno Valley, Ca. 92551 CONTRACT CHANGE ORDER NO. 1 Sheet 1 of 3 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 988 SF of 8" Thick Reinforced Concrete at Bridge Decks Total $14,928.68 This Contract Change Order allows for the installation, modification, and relocation of existing irrigation equipment Total $ 11,428.00 This Contract Change Order allows a Quantity Adjustment between the Bid Quantities and Actual Quantities Total $ 34,889.86 Original Contract Amount $ 1,700,548.90 Add This Change Order No. 1 $ 61,246.54 Revised Contract Total $ 1,761,795.44 By reason of this contract change order the time of completion is adjusted as follows: -19- days added to contract time. The revised contract completion date shall be: 10/24/14 Submitted Approved 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 the amount shove, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: y m �7`� Date: a �( ry T:\ENGINEERING SERVICES DIVISION (CIP)\PROJECTS\2_CONSTRUCTION\2013-061) SILVERROCK GOLF COURSE RESTORATION\CONSTRUCTION\PROGRESS PAYMENTS & CCO'S\CCO#I.DOC 1 O&J Golf Construction, Inc. CONSTRUCTION CONTRACT CHANGE REQUEST Date: 11/04/2014 Project Name: SilverRock Golf Course Restoration Improvements Project No.: 2013-06B Change Order No.: 01 To: City of La Quinta Department of Public Works 78-495 Calle Tampico, La Quinta CA 92253 Notice To Proceed Date: Original Contract Sum: $ 1,700,548.90 Proposal dated: 11/04/2014 has been accepted for making the following changes: Change Order Initiated by: ❑ Owner ❑ A/E EJ Contractor Installation of 988 SF of 8" Thick Reinforced Concrete at Bridge Decks Installation, modification, and relocation of existing Irrigation Equipment $ 14,928.68 $ 11,428.00 Contract Time Days Complete* Present Contract Net Change Order Amount $ 26,356.68 This Change +19 10/24/2014 Present Contract Sum $ 1,700,548.90 New Contract Time New Contract Sum $1,726,905.58 *SUBSTANTIAL COMPLETION DATE This Change Order is an amendment to the Owner -Contractor Agreement, and all contract provisions shall apply unless specifically exempted. The amount and time change designated is the maximum agreed by both the Owner and Contractor for this change. This written Change Order is the entire agreement between Owner and Contractor with respect to this Change Order. No other agreement of modification shall apply to this contract provided herein. Contractor Date Authorized Owner's Representative O&1 Golf Construction, Inc. 25920Iris Ave Suite 13A-339 Moreno Valley, CA 92551 Phone (951) 221.1436 fax (951) 221-1440 Date CITY OF LA QUINTA SltverRock Resort Golf Course Restoration Project 2013-06B Final Quantity Adjustment Comparison Base ad Area No.I Actual Ouafilftv Installed Bkl Ouantl Item No. DescriIron Unit Bid O Unit Price QaW4v M Tctei Unit Price Fxlentletl Prise Coat Difference 1 Mobilization LS 1 $ 79,033.16 1.00 $79,033.16 $79,033.16 $79,033.16 $0.00 2 SWPPP Implementation LS 1 $ 32,181.05 0.75 $24,135.79 $32,181.05 $32,181.05 -$8,045.26 3 Tree Protection Fence LF 1,500 $ 3.32 1,500.00 $4,980.00 $3.32 $4.980.00 $0.00 4 Dust Control LS 1 $ 35,851.20 1.00 $35,851.20 $35,851.20 $35,851.20 $0.00 5 Step ExistingTurf,au an Dispose or SF 475.000 $ 0.35 475,000.00 $166.250.00 $0.35 $166,250.00 $0.00 6 Remove, Stock Pile Existing Bunker Send f SF 14.850 $ 0.40 14,850.00 $5,940.00 $0.40 $5,940.00 $0.00 7 an scape atena emova - ofS oratlic non -dense ve elation Chi & LS 1 $ 40.099.29 1.00 $40,099.29 $40.099.29 $40.099.29 $0.00 8 Cart Path Removal- Haul and Dispose of 0 SF 5,542 $ 3.31 5.542.00 $18,344.02 $3.31 $16,344.02 $0.00 9 Earthwork CY 12.295 $ 4.55 12,295.00 $55,942.25 $4.55 $55,942.25 $0.00 10 EarthworkEarthwo,k scidifiond fill material obtained from on-a8ea oil Dile for Placement on CY 6,000 $ 5.25 5,000.00 $26,250.00 $5.25 $26,250.00 $0.00 11 ten, aping (Approx. erns Surround) waste bunkersGreen Surround LS 1 $ 54,935.00 1.00 $54,935.00 $54,935.00 $54,935.00 $0.00 12 (#15Greens. Finish Grade reens, Fairways, Roughs Features reens omp Bunker ex, LS 1 $ 66,531.63 1.00 $66,531.63 $66,531.63 $66,531.63 $0.00 13 Sodbed Preparation 370,000 $ 0.12 370.000.00 $44,400.00 $0.12 $44,400.00 $0.00 14 4' Thick PCC Golf Cart Pam 8,717 $ 5.68 9,942.00 $56,470.56 $5.68 $49.512.56 $6,958.00 15 4' Thick PCC GCP w/4' Monolithic Retainin 2,782 $ 4.88 2,782.00 $13,578.16 $4.88 $13,576.16 $0.00 16 rain Pipe - or approved ual includin bends and 1,997 $ 8.00 1,997.00 $15,976.00 $8.00 $15,978.00 $0.00 17 approved ra ie ram asm or 9 $ 556A9 57.00 $31,702.83 $556.19 $5.005.71 $26,697.12 18 Adjust Existing Drywall ]EA 3 $ 5,489.19 3.00 $16.407.57 $5,469.19 $16,407.57 $0.00 19 Edge Bunker, Clean Out 10,000 $ 0.69 10,000.00 $6,900.00 $0.69 $6,900.00 $0.00 20 4' Perforated Pipe W/Rock Backfill 1,000 $ 9.00 1,000.00 $9,000.00 $9.00 $9,000.00 $0.00 21 4' Non -perforated Pipe 250 $ 8.00 1,410,00 $11,280.00 $8.00 $2,000.00 $9,280.00 22 Send Mel 400 10,000 $ 1.69 10,000.00 $16,900.00 $1.69 $16,900.00 $0.00 23 note pree un er an ompacle Floor 4'-Face 50/5024 185 $ 88.85 185.00 $16,437.25 $68.85 $16.437.25 $0.00 Edge Waste Bunker, Clean Out 288,000 S 0.19 288,000.00 $54,720.00 $0.19 $54.720.00 $0.00 25 4' Non -perforated Pipe LF 3,750 $ 8.00 3,750.00 $30,000.00 $8.00 $30,000.00 $0.00 26 nsla pre. ante 2'un er-Face .tens Cam acted 2'-Floor TN 2,675 $ 39.75 2,675.00 $108,331.25 $39.75 $106,331.25 $0.00 27 Edge, Clean Out SF 37.000 $ 0.47 37.000.00 $17,390.00 $0.47 $17,390.00 $0.00 28 Supply and Spread 2' DG TN 340 $ 55.75 340.00 $18,955.00 $55.75 $18,955.00 $0.00 29 en Cap (Use oc pie xlating Bunker Sand SF 16.500 $ 0.75 16,500,00 $12,375.00 $0.75 $12,375.00 $0.00 30 Laser Level to Percent Pitch SF 16,500 $ 0.16 16,500.00 $2.640.00 $0.16 $2,640.00 $0.00 31 nsta ner row a verses a ay 419 Bermuda Sod Fairwa ou hs7fees SF 370,000 S 0.19 370,00D.00 $70,300.00 $0.19 $70,300.00 $0.00 32 1 Gallon Shrubs(Waste Bunkers) FA 5,819 S 14.20 5,819.00 $82,629.80 $14.20 $82,629.80 $0.00 33 Landscape Boulders EA 68 $ 348.20 68.00 $23.677.60 $348.20 .$23,677.60 $0.00 34 Irrigation System (Complete) LS 1 $ 357,468.03 1.00 $357.468.03 $357,468.03 $357,468.03 $0.00 35 30-Day Maintenance LS 1 $ 11.494.78 1.00 $11.494.78 $11,494.78 $11.494.78 $0.00 38 ee, I urnmg Hoint and Ureen Center Stakin LS 1 $ 2,529.00 1.00 $2,529.00 $2,529.00 $2,529.00 $0.00 37 is Features o ar ropoae LS 1 $ 3,850.00 1.00 $3,850.00 $3,850.00 $3,850.00 $0.00 38 GPS AS -Built (Drainage, and All GC Feature LS 1 $ 3,850.00 1.00 $3,850.00 $3.850.00 $3,850.00 $0.00 AA1 Strip and Bury Existing Turf SF 24,500 $ 0.35 24,500.00 $8,575.00 $0.35 $8,575.00 $0.00 AA2 move un er an(Stockpileen Cap Fairwa Tees SF 21,100 $ 0,40 21,100.00 $8,440.00 $0.40 $8,440.00 $0.00 AA3 emova neeng ipe an rave au and Disse Off -Site LS 1 $ 950.00 1.00 $950.00 $950.00 $950.00 $0.00 AA4 Shaping Bunker Floor, Ed es Size FWA Modify/Change LS 1 $ 6,285.00 1.00 $6,285.00 $6,285.00 $6.285.00 $0.00 FiniAA5 R0, hs ra a Features pproxBunallvr keSurroundsays, ou r LS 1 $ 6,371.26 1.00 $6,371.28 $6.371.28 $6,371.28 $0.00 AA6 Sodbed Preparation SF 31.600 $ 0.12 31.600.00 $3,792.00 $0.12 $3,792.00 $0.00 AA7 4' HDPE Perforated Pipe with Gravel LF 50 $ 9.00 50.00 $450.00 $9.00 $450.00 $0.00 AA8 4"HOPE Solid Pipe LF 50 $ 8.00 50.00 $400.00 $8.00 $400.00 $0.00 AA9 6' HDPE Solid Pipe LF 150 $ 8.50 150.00 $1,275.00 $8.50 $1,275.00 $0.00 AA10 12' Riser with Grate EA 2 $ 556,19 2.00 $1.112.38 $556.19 $1,112.38 $0.00 AA11 Edge Bunker, Clean Out SF 14,000 $ 0.69 14,000.00 $9,660.00 $0.69 $9,660.00 $0.00 AA12 4' Perforated Pipe W/Rock Backfill LF 1,050 $ 9.00 1,050.00 $9,450.00 $9.00 $9,450.00 $0.00 AA13 4' Non -perforated Pipe LF 100 $ 8.00 100.00 $800.00 $8.00 $800.00 $0.00 AA14 Sand Mat 400 SF 14,000 $ 1.69 14,000.00 $23,660.00 $1.69 $23,660.00 $0.00 AA15 TN 260 $ 88.85 280.00 $23,101.00 $88.85 $23,101.00 $0.00 AA16 Irrigation System (Complete) LS 1 S 9,559.93 1.00 $9,559.93 $9,559693 $9,559.93 $0.00 AA17 nets ner rove a verses I y 419 Bermuda Fainva ou hs SF 31,600 $ 0.19 31.600.00 $6,004.00 $0.19 $6,004.00 $0.00 kcm $0.00 1 0.00 $0.00. $0.00 $0.00 $0.00 Ilan $0.00 0.00 $0.00 $0.00 $0.00 $0.00 uem $0.00 0.00 $0,00 $0.00 $0.00 $O.00 Total $1,735.438.76 $1700.548.90 $34,889.86