Precision Landleveling/SilverRock 06SECTION 1300
Ar.RFFMFNT
THIS CONTRACT, by and between the CITY OF LA QUINTA, herein referred to as
"City" and Precision Landleveling, herein referred to as, "Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1 . Contractor shall furnish all necessary labor, material, equipment, transportation and
services for Project No. 2002-07M SilverRock Resort Soil Stabilization Project, in the City
of La Quinta, California pursuant to the project Specifications dated October 31, 2005, all
of which documents shall be considered a part hereof as though fully set herein.
The time frame for construction work shall be in accordance with that specified in the
Specifications.
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 the specified 90 consecutive calendar days
completion time period.
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 Hundred Eighty -Five Thousand Dollars ($185,000.00). All
payments shall be subject to approval by the City Engineer and shall be in accordance with
the terms, conditions, and procedures provided in the Specifications.
6. Concurrently with the execution of this Contract, Contractor shall furnish security in
a form satisfactory to the City, ensuring payment of all subcontractors and material
suppliers consistent with the requirements of Section 1320 of said Specifications, the cost
of which shall be paid by the Contractor.
7. Contractor shall defend, indemnify and hold harmless the City, its officers,
employees, representatives and agents ("Indemnified Parties"), from and against those
actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal
costs and attorneys' fees, for injury to or death of person(s), for damage to property
(including property owned by City) and for errors and omissions committed by Contractor,
its officers, employees and agents, which arise out of Contractor's negligent performance
under this Agreement, except to the extent of such loss as may be caused by City's own
negligence or that of its officers or employees. In the event the Indemnified Parties are
made a party to any action, lawsuit, or other adversarial proceeding in any way involving
such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's
option, reimburse the Indemnified Parties their costs of defense, including reasonable
attorney's fees, incurred in defense of such claim. In addition, Contractor shall be
obligated to promptly pay any final judgment or portion thereof rendered against the
Agreement 1300-1
Indemnified Parties.
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. This insurance shall be kept in full force and
effect by Contractor during this entire contract and all premiums thereon shall be promptly
paid by it. Each policy shall further state that it cannot be canceled without 30 days
unconditional written notice to the City and shall name the City as an additional insured.
Contractor shall furnish evidence of having in effect, and shall maintain, Workers
Compensation Insurance coverage of not less than the statutory amount or otherwise
show a certificate of self-insurance, in accordance with the Workers Compensation laws of
the State of California. Failure to maintain the required amounts and types of coverage
throughout the duration of this Contract shall constitute a material breach of this Contract.
9. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer, workman, or mechanic is required or permitted to work at other
than a rate of pay provided by law for more than 8 hours in any one calendar day and 40
hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of
the Labor Code of the State of California.
10. In accepting this Contract, Contractor certifies that in the conduct of its business it
does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees
that a finding by the State Fair Employment Practices Commission that Contractor has
engaged during the term of this Contract in any unlawful employment practice shall be
deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated
damages for each such breach committed under this contract.
11. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an
approved program in a ratio established in the apprenticeship standards of the craft
involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who
willfully fail to comply will be denied the right to bid on public projects for a period of six
months in addition to other penalties provided by law.
12. This Contract shall not be assignable by Contractor without the written consent of
City.
13. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
14. 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.
15. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
16. The City, or its authorized auditors or representatives, shall have access to and the
Agreement 1300-2
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.
17. The Contractor shall maintain and preserve all such records for a period of at least
three years after termination of the contract.
18. 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.
19. 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.
Agreement 1300-3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
Dated: .3L-A.?
ATTEST:
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Greek, City
"CITY"
By: ("OL
Don Adolph, M or
Dated: X.1'a0
APPROVED AS TO FORM:
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/MAKVdtherine Jenso ity Attorney
Dated: 3 .-0 (e
Dated:
"CONTRACTOR"
By: w'
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Name:
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By:
Name:
Title:
"CONTRACTOR"
(If corporation, affix seal)
Agreement 1300-4
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, hereinafter designated the City, has on February 21,
2006 awarded to Precision Landleveling, hereinafter designated as the Principal, a Contract
for Project No. 2002-07M SilverRock Resort Soil Stabilization Project, and
WHEREAS, said Principal is required to furnish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay
for any materials, provisions, or other supplies used in, upon, for, or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, the
Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, the Principal, as Surety, is held and firmly bound unto the City
in the just and full amount of One Hundred Eighty -Five Thousand Dollars ($185,000) lawful
money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its
heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials,
provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor thereon of any kind or for amount due
under the Unemployment Insurance Act with respect to such work or labor, or for any
amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation
Code of the State of California with respect to such work or labor, then said surety will
pay the same in or to an amount not exceeding the amount hereinabove set forth, and also
will pay in case suit is brought upon this cashier's check, such reasonable attorney's fees
to the City as shall be fixed by the court.
This cashier's check shall insure to the benefit of any and all persons, companies,
and corporations named in Section 3181 of the Civil Code of the State of California so as
to give a right of action to them or their assigns in any suit brought upon this cashier's
check.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition of the terms of the Contract or to the
work to be performed thereunder or the specifications accompanying the same shall, in any
way, affect its obligations of this cashier's check, and it does hereby waive notice of any
change, extension of time, alteration, or addition to the terms of the contract or to the
work or to the specifications. Said Surety hereby waives the provisions of Sections 2819
and 2845 of the Civil Code of the State of California.
Payment Bond 1300-5
IN WITNESS WHERE F, the Principal, as Surety, has executed this instrument this
day of , 2006, the name of Principal being hereto
affixed and duly signed by its undersigned representative, pursuant to authority of its
governing body.
- 11"Y
Principal as Surety
Signa re for Principal
Title of Signatory
le-�
Address of Principal as Surety
A - 1 0 - 2 � � 2-- Z, - G I I � �
Phone # of Principal as Surety
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Contact Person For Principal as Surety
Payment Bond 1300-6
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work
on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract."
Signatye
J
Title
Date
Workers' Compensation Insurance 1300-7
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
The Contractor shall indemnify, hold harmless and assume the defense of the City, its
elected officials, officers, agents, and employees from all damages, costs, or expenses in
law or equity that may at any time arise to cause damages to property, or of personal
injury received by reason of or in the course of performing work, which may be occasioned
by any willful or negligent act or omission of the Contractor, any of the Contractor's
employees, or any of its subcontractors arising out of work under this Contract.
Approval of any insurance contracts by the City
subcontractors from liability under Section 1340-1.0,
be liable for any accident, loss, or damage to th
acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
e
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the
insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and 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.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial
General Liability Policy, on an occurrence basis, with a minimum limit of not less than One
Million Dollars ($1,000,000) combined single limit for bodily injury and property damage
for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate,
for all of the following:
a. Premises Operations, including Explosion, Collapse and Underground (X, C,
and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
C. Independent Contractors.
d. Blanket Contractual.
Liability & Insurance Requirements 1300-8
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Polic
The Contractor shall take out and maintain during the life of this Contract a Commercial
Business Auto Policy, on an occurrence basis, with a minimum amount of not less than
One Million Dollars ($1,000,000) combined single limit for bodily injury and property
damage, providing at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or
non -owned vehicles used in pursuit of any of the activities associated with this
Contract.
b. Any and all mobile equipment, including cranes, which is not covered under
said Commercial Business Auto Policy shall have said coverage provided for under
the Commercial General Liability Policy.
C. Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's
Compensation and Employers' Liability insurance providing coverage for any and all
employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation
(Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000)
Employers' Liability (Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described
in this Section hereof:
a. "The City, City employees and officers, the City Engineer, its consultants,
elected officials, agents, and sub -consultants are hereby added as additional insured
insofar as Work done under this Contract is concerned."
b. "This policy shall be considered primary insurance as respects any other valid
and collectible insurance, including self -insured retention, the City may possess, and
any other insurance the City does possess shall be considered excess insurance
only."
C. "This insurance shall act for each insured, and additional insured, as though
a separate policy had been written for each. This, however, will not act to increase
the limit of liability of the insuring company.
d. "Thirty (30) days prior written notice of cancellation shall be given to the
City. Such notice shall be sent to:
Liability & Insurance Requirements 1300-9
Thomas P. Genovese, City Manager
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
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 the location identified in Paragraph 1340-2.6.d, Endorsements.
The Contractor shall be obligated to pay any extra premium for maintaining the insurance
requirements specified herein.
Liability & Insurance Requirements 1300-10
44a"
Sheet 1 of 1
CONTRACT CHANGE ORDER NO. 1
PROJECT NO. 2002-07M
CONTRACT: SilverRock Resort Soil Stabilization Project
CONTRACTOR: Precision Land Leveling
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
-Additional clearing of weeds and debris around the perimeter of SilverRock along Jefferson Street which is
outside of the contractor's project area. = $7,572.00
Original Contract Amount $185,000.00
Add This Change Order No. 1 $7,572.00
Revised Contract Total $192,572.00
By reason of this contract change order the time of completion is adjusted as follows:
The contract completion date remains December 23, 2005.
Submitted By: c.�•.y Date: 1 `� 0
A roved B : 'Z
pp Y Date:
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 maybe noted above, and perform all
services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which
includes all direct and indirect overhead expenses for any delays.
Accepted By: Title: Construction Manager
Contractor: Precision Land Leveling Date:r'" (�
T:\PWDEPT\PROJECTS\2-CONSTRUCTION\2002-07 M Soil Stabilization\CCO 1.doc
CONTRACT:
CONTRACTOR:
CONTRACT CHANGE ORDER NO. 2
PROJECT NO. 2002-07M
SilverRock Resort Soil Stabilization Project
Precision Land Leveling
P.O. Box 3028
Indio, CA 92201
Sheet 1 of 1
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall
conform to the terms, general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
-Plowing (70 acres at $65/acre)
$4,550.00
- Fertilizer 2,000 Gallons 16-21-0
$3,950.00
- Fertilizer 1,000 Gallons 28-0-05
$2,985.18
- Diesel 1,733 Gallons
$5,200.00
-Sundan Seed (1,200 Ibs @ $0.80/lb)
$960.00
Total
$17,645.18
Original Contract Amount $192,572.00
Add This Change Order No. 2 $17,645.18
Revised Contract Total $210,217.18
By reason of this contract change order the time of completion is adjusted as follows:
The contract completion date remains December 23, 2005.
Submitted By;
a
Approved By: j°"'
Date: r /7 '46/
Date: 6
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 shown above, which
includes all direct and indirect overhead expenses for any delays.
Accepted By: Title: Construction Manager
Contractor: Precision Land Leveling Date: (P-
T:\PROJECTS\2 CONSTRUCTION\2002-07 M Soil Stabilization\CCO 2.doc
CONTRACT:
CONTRACTOR:
T44f. 444"
CONTRACT CHANGE ORDER NO. 3
PROJECT NO. 2002-07M
SilverRock Resort Soil Stabilization Project
Precision Land Leveling
P.O. Box 3028
Indio, CA 92201
Sheet 1 of 1
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall
conform to the terms, general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
Removal of 558 Salt Cedar Trees from eastside of lake $7,275.00
Weed Mowing of tumbleweeds (120 acres) $7,800.00
Total $15,075.00
Original Contract Amount $210,217.18
Add This Change Order No. 3 $15,075.00
Revised Contract Total $225,292.18
By reason of this contract change order the time of completion is adjusted as follows:
The contract completion date changed to September 1, 2006.
Submitted Date:_
Approved By: Date:
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 a# labor, except as may be noted above, and perform all
services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which
includes all direct and indirect overhead expenses for any delays.
Accepted By:
,,Qn,
V v VV
VV
Contractor: recision Land Leveling
Title: Construction Manager
Date: ��"p� /- 0 e
T:\PROJECTS\2 CONSTRUCTION\2002-07 M Soil Stabilization\CCO 3.doc
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
DEBORAH H. POWELL, Interim City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Deborah Powell
P. 0. Box 1504
La Quinta, CA 92247-1504
NOTICE IS HEREBY GIVEN:
DOC # 2006-0693096
09/20/2006 08:00A Fee:NC
Page 1 of 1
Recorded in official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
11I III[ I
111 I11
I 111 4I I
S R I U I PAGE I SIZE I DA MISC I LONG RFD I COPY
M A d 465 426 PCOR NCOR SMF NCH ExAM
NOTICE OF COMPLETION
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned
by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated pursuant
to the laws of the State of California.
2.
3.
9
5.
[1
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.
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.
That on the 19" day of September 2006, a work of improvement on the real property herein
described was completed.
The public work improvement is described as follows: SilverRock Resort Soil Stabilization, Project
No. 2002-07.M
The name of the contractor for said work of improvement was: Precision Landleveling
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: Barley, water truck service,
chemical stabilization clearing additional weeds & debris on property along Jefferson plowing costs
and additional Sudan grass seed and removal of tamarisk trees from around village lakes & mowing
property along west side of Jefferson
DATED: September 20, 2006
CITY OF LA QUINTA, CALIFORNIA
BY:
TITLE: Interim City Clerk
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE )
I hereby certify that I am the Interim 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 on September 20, 2006
DEBORAH H. POWELL, Interim City Clerk
City of La Quinta, California