Precision Landleveling/SilverRock Temp. Parking Lot 07SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the LA QUINTA REDEVELOPMENT AGENCY,
herein referred to as "Agency" and PRECISION LANDLEVELING, INC., herein referred to as,
"Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services for Project No. 2007-14, Temporary Parking Lot at SilverRock Resort, in the City
of La Quinta, California pursuant to the Invitation to Bid, dated September 20, 2007, the
project Specifications, and Contractor's Bid, dated Octoberll, 2007, 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 the specified 90 consecutive calendar days
completion time period.
5. In consideration of said work, Agency 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 Forty -Nine Thousand Three Hundred
Twenty -Five Dollars ($149,325.00). 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. 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 Agency
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 a payment
bond of a surety satisfactory to Agency, as provided in said Specifications or Invitation to
Bid, the cost of which shall be paid by Contractor.
Agreement 1300-1
8. Contractor shall defend, indemnify and hold harmless the Agency, 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 Agency) 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
Agency'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 Agency'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
Indemnified Parties.
9. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the Agency 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 Agency and shall name the Agency 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 Agency $25.00 for each laborer, workman,
or mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer, workman, or mechanic is required or permitted to work at other
than a rate of pay provided by law for more than 8 hours in any one calendar day and 40
hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of
the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it
does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Sections 12900, 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 Agency $500.00 liquidated
damages for each such breach committed under this contract.
12. This Contract shall not be assignable by Contractor without the written consent of
Agency.
13. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
Agreement 1300-2
14. In accepting this Contract, Contractor certifies that no member or officer of the firm
or corporation is an officer or employee of the Agency 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 Agency, 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 Agency
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 Agency of La Quinta. If not,
the Contractor shall, upon request, promptly deliver the records to the Agency or
reimburse the Agency for all reasonable and extra costs incurred in conducting the audit at
a location other than at Agency offices including, but not limited to, such additional lout of
the Agency) 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.
"AGENCY"
Dated: !0/46 /07
ATTES
� Dated:
Veronica Montecino, Agency Secretary
APPROVED AS TO RM:
Agent; Counsel
Dated: /y —/' C)�Z,
"CONTRACTOR"
Dated: =(2/ By
Name: Title: Ae ydf 1>z
Dated: /-P— 1,2 -o /
Name:
"CONTRACTOR"
(If corporation, affix seal)
1300-4
Agreement
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta Redevelopment Agency, hereinafter designated the
Agency, has on October 12, 2007 awarded to Precision Landleveling, Inc., hereinafter
designated as the Principal, a Contract for Project No. 2007-14 Temporary Parking Lot at
SilverRock Resort, 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, we, the Principal, andas Surety,
are held and firmly bound unto the Agency in the lus and full amount oft .r..e02W,& 7X/sdseNO
,>•niB y!lyoo?EO 7W/ey 7a.149 Dollars ($ 1 lawful money of
the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its
heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials,
provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor thereon of any kind or for amount due
under the Unemployment Insurance Act with respect to such work or labor, or for any
amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation
Code of the State of California with respect to such work or labor, then said surety will
pay the same in or to an amount not exceeding the amount hereinabove set forth, and also
will pay in case suit is brought upon this bond, such reasonable attorney's fees to the
Agency as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and
corporations named in Section 3181 of the Civil Code of the State of California so as to
give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition of the terms of the Contract or to the
work to be performed there under or the specifications accompanying the same shall, in
any way, affect its obligations of this bond, and it does hereby waive notice of any
change, extension of time, alteration, or addition to the terms of the contract or to the
work or to the specifications. Said Surety hereby waives the provisions of Sections 2819
and 2845 of the Civil Code of the State of California.
Payment Bond 1300-5
IN WITNESS WHER e Prirrcip�l�nd� S��ety have executed this instrument
under their seals this �11 day of ��y - , 2007, the name
and corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
Principal
(Seal)
S'pntureor Principal
Title of Signatory
ret Su- y
Sin ure for Surety
i LiL e
Title of Signatory
Address of Surety
Phone # of Surety
'�'IvAA 216
Contact Perso6 For Surety
(Seal)
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 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."
ognare
Title
Date
Workers' Compensation Insurance 1300-7
N
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H D
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SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
The Contractor shall indemnify, hold harmless and assume the defense of the Agency, 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 Agency does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification. The Agency 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
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 Agency 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
Agency. 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.
Liability & Insurance Requirements 1300-8
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
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 Agency, 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 Agency may possess,
and any other insurance the Agency 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
Liability & Insurance Requirements 1300-9
Agency. Such notice shall be sent to:
Thomas P. Genovese, Executive Director
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 Agency 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
F.
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F�FM F ��ws
CONTRACT:
CONTRACTOR
Temporary Parking Lot at SilverRock Resort
Project No. 2007-14
Precision Landleveling
P.O. Box 3028
Indio, CA 92202
Sheet 1 of 1
CONTRACT CHANGE ORDER NO. 1
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall
conform to the terms, general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE ORDER:
Remo a vegetation from the Avenue 52 storm drain retention area at SilverRock. An appropriation of
$186,F83 was made to fund the project. Therefore, sufficient funds are available in Project 2007-14.
Previous Contract Amount Through Change Order No. 0
$149,325.00
Add Change Order No. 1
$21,560.00
Revised Contract Total
$170,885.00
By reason of this contract change order the time of completion is unchanged. The contract completion date remains
Januarys 11, 2008.
Submitted B)
Approved By
.2 -7 -
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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 afl 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 associated to the work described in this contract change order.
Accepted
Contractor.
I
Title:
,Z7- o
S.\Community Services\Staff Folders\Steve\CCO #1,doc
4
GP'yMOM OFT4h9w Sheet 1 of 1
CONTRACT: Temporary Parking Lot at SilverRock Resort
Project No. 2007-14
CONTRACTOR: Precision Landleveling
P.O. Box 3028
Indio, CA 92202
CONTRACT CHANGE ORDER NO.2
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE ORDER:
Remove vegetation from the undeveloped property south of Avenue 52 and east of SilverRock Way. This work also
includes mowing the Sudan grass for fire prevention, removing weeds around the driving range and retention areas,
and removing the abandoned retention basin within the undeveloped property. Sufficient funds are available in
Project No. 2007-14.
**##***++++*#++*+*#Y*Y####*#*#***#*#+##Y*****+*#**##*####**#########*+*##+++++**+*
Previous Contract Amount Through Change Order No. 1
$170 885.00
Add Change Order No. 2
$15,398.00
Revised Contract Total
1 $186.283.00
By reason of this contract change order the time of completion is unchanged. The contract completion date remains
January 11, 2008.
Submitted By
Approved
Date:
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is
approved, that we willprovide all equipment, furnish all materials, perform all labor, except as may be noted above, andperform allservices
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 associated to the work described in this contract change order.
Accepted
Contractoi
S:\Communiry Services\Staff Folders\Steve\2007-14 CCO #2.doc
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO
City Clerk / Agency Secretary
AND WHEN RECORDED MAIL TO:
Veronica J. Montecino
CITY OF LA QUINTA
P. O. Box 1504
La Quinta, CA 92247-1504
DOC # 2008-0076882
02/15/2008 08:00A Fee:NC
Page 1 of 2
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
1111111111111111111111111111111111111111111111111111111
S R I U I PAGEJ SIZE DA 1 MISC I LONG RFD COPY
M A L 465 I 426 I PCORI NCORI SMF I Cam(
T_ CTY I UNI
NOTICE OF COMPLETION
Temporary Parking Lot at SilverRock Resort
Project No. 2007-14
Title of Document
I
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
PLEA COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, CIVIC, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
P O. Box 1504
La Quinta, CA 92247-1504
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
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 5th day of February , 2008, a work of improvement on the real property
herein described was completed.
5. The public work improvement is described as follows: Temporary Parking Lot at
SilverRock Resort Proiect No 2007-14
6. The name of the contractor for said work of improvement was: Precision Landleveling, Inc
7. The property on which said public work of improvement was completed is in the City of
La Quinta, County of Riverside, State of California, and is described as follows: Lot
located on the corner of Avenue 52 and Jefferson Street "45-Acre Site"
DATED: February 6, 2008 CITY OF L QUINT A NI
BY: / \
TITLE: Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE 1
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 foregg�ing is true and correct.
Executed at La Quinta, California ,
VERONICA J;,/-MONTECINO,CMC, City Clerk
City of La umta, California