Indian Springs Golf Club, LLC/Horseshoe Drainage 14SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and Indian Springs Golf Club, LLC, 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 Horseshoe Drainage Improvements at Indian Springs Golf Club, in the City of
La Quinta, California pursuant to the project plans dated 8/12/14, the Standard Plans for Public
Works Construction, and the Contractor's Bid, dated August 11, 2014, all of which documents
shall be considered a part hereof as though fully set herein.
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 30 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 Twenty -Seven Thousand and Three Hundred Dollars and Zero
Cents ($ 27,300.00). 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.
7. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and
against any and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities
of any kind or nature whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or the
performance of the Work including, but not limited to, death of or bodily or personal injury to
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:
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;
Contract _ 1300.1
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant to
the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or
Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with any of the
terms or conditions of this Contract or any applicable federal, state, regional, or
municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City
and loss of City revenue from any source, caused by or arising out of the conditions, operations,
uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4)
and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this contract, Contractor
shall not be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement between the
parties or by the findings of a court of competent jurisdiction. In instances where City is shown
to have been actively negligent and where City's active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Contractor in the performance of this contract. In the event
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of Contractor
and shall survive the termination of this contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have
under the law or under any other Contract Documents or Agreements. In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City may, in
its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for
the purpose of resolving such claims; provided, however, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnified Parties'
interests. City shall, in its sole discretion, determine whether such assurances are reasonable.
contract 1300-2
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 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
Contract 1300-3
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
16. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
17. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
offices including, but not limited to, such additional (out of the City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
18. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
Contract 1300.4
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
stated below.
.U.M.
CITY OF LA QU
a California municipal
Dated: �IISIJy
ATTEST:
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Susan Maysels, City CLirk
APPROVED AS TO FORM:
SIGNED
William H. lhrke, City Attorney
City of La Quinta, California
Dated: 8, 17 1
Name: /V�/Z-
print name
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Dated:
Name:
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Address:
Les Johnson
Acting City Manager
City of La Quinta
Dated:
Dated:
"CONTRACTOR"
(If corporation, affix seal)
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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 municipal corporation
SIGNED IN COUNTERPART
Dated: By:
Les Johnson
ATTEST: Acting City Manager
City of La Quinta
SIGNED IN COUNTERPART
Dated:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
Dated:
( William H. ihrke, City Attorney
City of La Quinta, California
Dated: �7
Name: /yT�4
print name
Dated:
Name:
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"CONTRACTOR"
(If corporation, affix seal)
BY: -
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Title:
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SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to
defend (at Indemnified Parties' option), indemnify, protect and hold harmless City
and its Project Consultants, and Engineers, officers, agents, and employees
("Indemnified Parties') from and against any and all claims, charges, damages,
demands, actions, proceedings, losses, stop notices, costs, expenses (including
counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature
whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract
or the performance of the Work including, but not limited to, death of or bodily or
personal injury to persons or damage to property, including property owned by or
under the care and custody of City, and for civil fines and penalties, that may
arise from or be caused, in whole or in part, by any negligent or other act or
omission of Contractor, its officers, agents, employees or Subcontractors
including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any
act, omission, neglect, or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or
pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with
any of the terms or conditions of this Contract or any applicable federal,
state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or
conducted upon or arising from the use or occupation by Contractor on
any other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss
suffered by City including but not limited to damage to or loss of City property, to
the extent not insured by City and loss of City revenue from any source, caused
by or arising out of the conditions, operations, uses, occupations, acts, omissions
or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5).
Contractor's obligations under this Section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost
expense, judgment, civil fine or penalty, or liability was caused in part or
Liability and Insurance Requirements 1340.1
contributed to by an Indemnified Party. However, without affecting the rights of
City under any provision of this Contract, Contractor shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence
of City, provided such active negligence is determined by Contract between the
parties or by the findings of a court of competent jurisdiction. In instances where
City is shown to have been actively negligent and where City's active negligence
accounts for only a percentage of the liability involved, the obligation of
Contractor will be for that entire portion or percentage of liability not attributable
to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor
or any other person or entity involved by, for, with or on behalf of Contractor in
the performance of this Contract. In the event Contractor fails to obtain such
indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth here is
binding on the successors, assigns or heirs of Contractor and shall survive the
termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnified Parties may have under the law or under any other Contract
Documents or Agreements. In the event of any claim or demand made against
any party which is entitled to be indemnified hereunder, City may, in its sole
discretion, reserve, retain or apply any monies to the Contractor under this
Contract for the purpose of resolving such claims; provided, however, City may
release such funds if the Contractor provides City with reasonable assurance of
protection of the Indemnified Parties' interests. City shall, in its sole discretion,
determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor
or subcontractors from liability under Section 1340-1.0, Indemnification. The City
will not be liable for any accident, loss, or damage to the work prior to its
completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If that
existing coverage does not meet the requirements set forth here, it will be
amended to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
Liability and Insurance Requirements 1340-2
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 One Million
Dollars ($1,000,000) per occurrence for all covered losses and no less than Two
Million Dollars ($2,000,000) 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.
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.
Liability and Insurance Requirements 1340-3
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. Coverage shall be provided
on a "pay on behalf' basis, with defense costs payable in addition to policy limits.
There shall be no cross liability exclusion precluding coverage for claims or suits
by one insured against another. Coverage shall be applicable -to City for injury to
employees of Contractor, subcontractors or others involved in the Work. The
scope of coverage provided is subject to approval of City following receipt of
proof of insurance as required herein. Limits are subject to review but in no
event less than $1,000,000 per occurrence and aggregate.
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 parry 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
Liability and Insurance Requirements 1340-4
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. 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
Liability and insurance Requirements 1340-5
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's existing coverage includes a self -insured retention of $10,000 in lieu
of a deductible. City is aware of same and accepts this coverage as sufficient.
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.
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
Liability and Insurance Requirements 1340-6
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. 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 92253
Liability and insurance Requirements 1340.7
INDIAN SPRINGS GOLF CLUB
#11th Hole & Horseshoe Drive Drainage Improvements
City Project No. 2014 - 08
Proposal: Project to done by Indian Springs Golf Club with Subcontractor assistance
Insured by Golden Eagle Corporation / Liberty Mutual Policy # CP88479783
SCOPE OF WORK
COST
Tree Removal
$
500
Back Hoe Rental
$
1,400
Box Scraper Rental
$
1,200
Dump Truck Rental
$
1,000
Security Fence Rental
$
500
Trancit Rental
$
200
Compaction Machine Rental
$
500
DG 580sq.ft. @ 2"
$
400
Landscape Filter Fabric
$
200
Fence - Take down and Replace
$
6,000
Paint Fence
$
1,000
Concrete and Sod Disposal
$
1,500
Concrete Drainage Contractor
$
3,000
Irrigation Pipe and Head Replacement
$
500
Replace Bermuda Sod 1380sq.ft.@ $0.35
$
500
Labor 320 hours
$
6,400
Subtotal
$
24,800
Misc. & Contingencies 10%
$
2,500
TOTAL $ 27,300
7-Hug-GU14 113:44 spanosr tax Header
08/19/2014 9:39AM FAX 7603604800
ACORN•
DESERT EMPIRE INS
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160002/0007
INDISPR-04 DNIELSEN
`.� CERTIFICATE OF LIABILITY INSURANCE OA'EIMWDDYYM
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
HIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN HE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. If the Certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorace. If SUBROGATION IS WAIVED, subject to
the terms and co1111WOns 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 sndomome a .
PRODUCER Ucense # OF09643 CONTACT
Desert Empire Ina Services Inc NAME: Diane Nielsen
Suite Country Club Drive PA"rc°NE e(: (760) 360-4700
Suite 409 "AIL Ac uAy. (760) 360 4799
Palm Desert, CA 92211 ADM &,: dlane.nialsen desertempireirm.eom
INSURER(SI AFFORII W COVERAGE NAIca
WsuREo INSURERA:Golden Eagle insurance 10836
INsuAMB:Republic Underwriters Insurance Co 24639
Indian Springs Goff Club, LLC MURERC-
79940 WestWOrd No INSURER P:
Indio, CA 92201
WSURER E:
INSVAER 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.
INSR
LTR TYPE OF WSURANCE POLICY NUMBER PONDrcrEYW POLICY! uMns
A X COMMERCIALGENERALLIABILITy
EACH OCCURRENCE S 1,000,000
CIAINefAADE n OCCUR BPO479783 07/18/2014 07118/2016 PR Tb R Am.� 3 100,00
MEDEI(P(My=gRmM t 10,0
— PERSONAL A ADV INJURY S 1,000,00
GE NL AGGREGATE UMI7 APPLIES PER: QENERAL AGORE(RATE S 2,000,00
POLICY n jE�T C ILOG PRODUCTS. COMP/OP AGG S 2,000.000
OTITER
AUTOMOBILE LIABany CFO INeMSING IMIT t
A . 1,Oo0,o
ANY VOE BP8479783 011IN2014 07118/2015 BODILVIwu"(PwI> ,q S
010
AUOVJraiO scuEDULEo
_ AUTOS "" EMLY INJURY (PBr-ddano S
X NREDAUTOS X AUTOS ED
AUTOS (PBf ePrEeide"� E
X UNeRELU LWe X OCCUR EACH OCCURRENCE S 2,000,0Q
A FJRCEl:t UAB CLAIMSMAOE G06470266 07/18/2014 07/18/2016 AGGREGATe ! 2,000,00
DED I X RETENTIONS 10.000
WOR10=R3 COMPENSATION t
ANDEMPLOVERWIJABLITY X STATUTE ER"-
B OFFI R/MEMeEER PIXCLUO�EDX ECunvE Yr1 NIA ATW00286701 p7/1tv2014 07I18IZ016 E.L. EACH ACCIDENT f 1,000,000
(MAnallory In NH) LJ
Y res. deaWAuMer EL. DISEASE-Fq EMPLOYE t 1,000.000
DESCRIPTION Or OPERATIONS ee1RIv E.L, DISEASEPOLICYLIMIT t 1,000,0Q0
DESCRIPTION OF OPEN "S I LOCATIONS / VEHICLES (ACORP T01, AaaWvnal IRARMI!! aehcd.de. 11lTy a HbAhod Inpro apex IE M WUld)
RE: Project 911, Hole Drainage
City Pf La Oulma is named as additional insured per attached GECG 602 SIMI
City Of La Quinta
78496 Carle Tampico
La Quints, 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.
AUTNGRITED REPRESENTATIVE
ACORD
^---•�•- R�� •+•� v I ne AL.IJrd7 name and logo are registered marks o1 ACORD
Ly-Hug-4b14 lb:4j SpanllSr tax tfeaaer
08/T9/2014 9:39AM FAX 7603604800
Policy #CSP8479783
DESERT EMPIRE INS
lbujbulUfflu
p.j
IA0003/0007
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL LIABILITY GOLD ENDORSEMENT
This endorsement modifies insurance provided underthe following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I —COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIAefLffY
2, Exclusions
Item 2.g. 2) is replaced with the following:
2-g• 2) A watercraft you do not own that Is:
a) less than 50 feet long; and
b) Not being used to carry persons or property for a charge.
Item 2.g. 6) Is added:
6) An aircraft in which you have no ownership Interest and that you have chartered with crew.
The last paragraph of 2. Exclusions is replaced with the following:
Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises
while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under
a written agreement with the owner. A separate limit of insurance applies to this coverage as described in
Section III -- L lmft of Insuranw.
SECTION I —COVERAGES
COVERAGE C. MEDICAL PAYMENTS
If Medical Payments Coverage is provided under this policy, the following is changed:
3. Lltufs
The medical expense limit provided by this policy shall be the greater of:
a. $10,000, or
b. The amount shown In the declarations.
Coverage C. Medical Payments is primary and not contributing with any other insurance, even 9 that other
Insurance is also primary.
The following is added:
COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES
Insuring Agreement
We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided
that
a. Such withdrawal is required because of a determination by you during the policy period, that the use or
consumption of your products could result in "bodily Injury" or "property damage"; and
b. The "product recall notification expenses' are incurred and reported to us during the policy period.
The most we will pay for "product recall notification expenses" during the policy period is 3100.000.
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B
Item b. and d. are replaced with:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any
vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or'sult" including actual loss of earnings up to $500 a day because of time off from work.
Includes copyrighted matatial of Insurance Services Orri Inc.. with its permission.
GECG 602 (Of111) Page 1 of
08/19/2014 9:39AM FAH 7603604.800 DESERT EMPIRE INS fa0004/0007
SECTION II — WHO IS AN INSURED
Item 4. is replaced with:
4. Any subsidiaries, companies, corporations, firms, or organizatlons you acquire or form during the policy
Period over which you maintain a cdntrolfing interest of greater than 509re of the stock or assets, g qualify as
a Named Insured if:
a) you have the responsibility of placing insurance for such entity; and
bli coverage for the entity is not otherwise more specifically provided; and
c) the entity is incorporated or organized under the laws of the United States of America.
However; coverage under this provision does not apply to 'bodily Injury" or "property damage" that occurred
before you acquired or formed the entity, or 'personal injury" or 'advertising injury" arising out of an offense
committed before you acquired or formed the entity.
Coverage under this provision is afforded only unfit the end of the policy period, or the twelve (12) month
anniversary of the policy inception date whichever Is earlier.
SECTION III — LIMITS OF INSURANCE
Paragraph 2 is amended to include:
The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or
oocupted by you with the permission of the owner.
Paragraph 6. Is replaced with the following:
6. Subject to S. above, the Fire Damage Limit Is the most we will pay under Coverage A for damages because of
"property damage' to premises while rented to you, temporarily occupied by you with permission of the owner
or managed by you under a written agreement with the owner, adsing out of any one fire, explosio,
sprinkler leakage incident. n
The Fire Damage Limit Provided by this policy shall be the greater of:
a. $500,000;or
b, The amount shown in the Declarations.
SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS
Item 2. a. IS replaced with:
2. Duties In The Event of ocarnerce, Offense, Clain or Suit
a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive
Officers. partners, members, or legal representatives Is aware of the'loccurrence", offense, claim, or "suit".
Knowledge of an "occurrence", offense, claim or'suit" by other employee(s) does not Imply you also have
such knowledge. To the extent possible, notice to us should include-
1) How, when and whare the "Occurrence" oroffense took place;
2) The names and addresses of any injured persons and witnesses; and
9) The nature and location of any injury or damage arising out of the'oocurrence". offense, claim or
„suit"
Item 4. b. 1) b) Is replaced with:
b. Excess insurance
1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you,
temporarily occupied by you with permission of the owner, or managed by you under a written
agreement with the owner; or
Item 6. Is amended to include:
S. Representations
d, If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not
deny coverage under this Coverage Part because of such failure. However, this provision does not affect
our right to collect additional premium or exercise our right of cancellation or non -renewal.
Inciudm mpyriMted material ofInsurarim SwAces Offices Inc„ with its permission.
GECG 802 (01/11) Page 2 of
08/19/2014 9:40AM FAX 7603604800 DESERT EMPIRE INS I60005/00V
1A6,01) is replaced with:
B. T nsfsr of Rights Of Recovery Against Others To Us
a. If the insured has tights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,
the insured will bring suit or transfer those rights to us and help us enforce them.
b. If required by a written "Insured contract, we waive any right of recovery wa may have against any
Person or organization because of payments we make for injury or damage arising out of your ongoing
operations or "your work" done under that written "insured contract' for that person or organization and
included in the "products -completed operations hazard".
Item 10. and Rom 11. are added:
10. Cancellation Condition
If we cancel this policy for any reason other then nonpayment of premium We will mail or deliver written notice
of cancellation to the first Named Insured at least 60 days priorto the effective date of cancellation.
11, Libembation
If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the
broader coverage will apply to this policy. This extension is effective upon the approval of such broader
coverage in your state.
SECTION V — DEFINITIONS
The following definitions are added or changed:
9. 'Insured contracr
a. is changed to:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
fridemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises
while rented to you, or temporarily occupied by you with permission of the owner, or managed by you
under a written agreement with the owner Is not an "insured contract".
23 and 24 are added:
23. 'Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or fight -of -way of a railroad.
24. 'Product recall notification expenses" means the reasonable additional expenses (including, but not limited to,
cost of correspondence, newspaper and magazine advertising, radio or television announcements and
transportation cost), necessarily Incurred in arranging for the return of products, but excluding -costs of the
replacement products and the cash value of the damaged products.
billowing Provisions are also added to this Coverage Part
A DITIONAL INSUREDS —13Y CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an insured any
Person or organization when you and such person or organization have agreed in writing in a contract,
agreement or permit that such person or organization be added as an additional insured on your policy to
Provide insurance such as is afforded under this Coverage Part. Such person or organization Is not
entitled to any notices that we are required to send to the Named Insured and is an additional insured
only with respect to liability arising out of:
a. Your ongoing operations performed for that person or organization; or
b. Premises or facilities owned or used by you.
With respect to provision 1 a. above, a person's or organization's status as an insured under this
endorsement ends when your operations for that person or organization are completed.
With respect to provision IAL above, a person's or organization's status as an insured under this
endorsement ends when their contract or agreement with you for such premises or facilities ends.
Indedes copyrighted matedet of Insurance Services of ices Inc„ with Its permission.
DECO Bog (O to 1) Page 3 of 4
L7-11ilUg-4814 1b:44 Span1151' tax Header
08/13/2014 3:40AM FAX 7603604800 DESERT EMPIRE INS
P-
lit0006/0007
2. This endorsement provision A. does not apply:
a. Unless the written contract or agreement has been executed, or permit has been Issued, prior to the
"bodily injury", 'Property damage` or "personal and advertising injury;
b. To "bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, in the
project (other than service, maintenance or repairs) to be performed by of on behalf of the
additional insured(s) at the site 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 intended
use by any person or organization other than another contractor or subcontractor engaged In
performing operations for a Principal as a part of the same project;
a To the rendering of or failure to render any professional servioes Including, but riot limited to, any
professional architectural, engineering or surveying services such as:
(1) The preparing, approving, or failing to. prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; and
(2) Supervisory, inspectlon, architectural or engineering activities;
d. To 'bodily injury', 'properly damage" or 'personal and advertising injury' arising out of any act, error
or omission that results from the additional insured's sole negligence or wrongdoing;
e. To any person or organization included as an insured under provision B. of this endorsement;
1. To any person or organization specifically designated an additional insured for ongoing operations by
a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement
Issued by us and made a part of this policy.
IL ADDITIONAL INSURED -VENDORS
Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or
organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to
provide insurance such as is afforded under this Policy, but only with respect to "bodily injury or "property
damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's
business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. 'Badtly injury or "property damage" for which the vendor Is obligated to pay damages by reason of
the assumption of liability In a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
C Any physical or chemical change In the product made intentionally by the vendor;
d Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
a., Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the course of business, in connection with the distribution or
sale of the products;
L Demonstration, Installation, servicing or repair operations, except such operations Performed at the
vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor; or
h. To "bodily injury or 'property damage" arising out of any act, error or omission that results from the
additional insured's sole negligence or wrongdoing.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
Includes mpyrightod malarial of Insurance 3ervicas olricee Inc., wish its pennrsaion.
GEC(i 602 (01/11) Page 4 of 4
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,•.CsA 92253
DOC # 2014=0374260
10/01 /2014 12:59 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: CTOLOSSA
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
HORSESHOE DRAINAGE IMPROVEMENTS AT INDIAN SPRINGS GOLF CLUB
CONTRACTOR: Indian Springs Golf Club, LLC
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
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 18th day of -September, 2014 a work of improvement on the real property
herein described was completed..
5. The public work improvement is described as follows: Horseshoe Drainage
Improvements.
6. The name of the contractor for said work of improvement was: Indian Springs Golf
Club, LLC.
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:
Horseshoe Drive just East of Roadrunner Lane at Indian Springs Golf Club.
DATED: -October 1, -2014 CITY -OF -LA- QUINTA, CALIFORNIA
BY:
TITLE: Susan Maysels, dity Clerk
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE )
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. �5
SUSAN MAYSELS, ity Clerk
City of La Quinta, California