Sierra Landscape/Ave 54 Median 08I
SECTION 1300
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred
to as "City," and Sierra Landscape Co., 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. 2006-09, Avenue 54 Median Island Landscape Improvements, in the City of La Quinta, California
pursuant to the Invitation to Bid, dated February 2008, the project Specifications, and Contractor's Bid, dated April
2, 2(108, all of which documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contrador'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 constrncfion work shall be in accordance with that
specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, Coumy, and La Quinta Municipal Code, which aze,
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 60 working 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 Five Hundred
and Eighty One Thousand, One Hundred and Fifty Nine IMllars and Sixty Cents (5381,159.60). 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 worlunan employed for the work to be performed under this contract; and the Contractor shall forfeit as a
penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendaz 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 famish bonds of a surety
satisfactory to Ciry, as provided m said Specifications or Invitation to Bid, the cost of which shall be paid by
Contractor.
8. 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 Consultant, its
officers, employees and agents, which arise out of Consultant'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 aze made a party to any action, lawsuit, or other adversarial proceeding in any way
involving such claims, Consultant 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, inctured in defense of
such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof
rendered against the Indemnified Parties.
Agreement 13041
9. Except as otherwise required, Contractor shall concurrently with the execution of this contract,
furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications.
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 Punish
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. Faihtre to maintain the required amounts and types of coverage throughout the
duration of this Contract shalt constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work
herein mentioned, for each calendar day during which such laborer, worlmran, 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 ]810-1815 of the Labor Code of the State of
Califomia.
1 I. 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 Califomia Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a
finding by the State Fav Employment Practices Commission that Contmctor has engaged during the term of this
Contrnct 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.
12. Contractor also agrees that for contracts in excess of $30,000 and mare than 20 calendar days
duration, that apprentices will be employed without discrimination in an approved program in a ratio established m
the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of Califomia).
Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months
in addition [o other penalties provided by law.
13. This Contract shall not be assignable by Contractor without the written consent of Ciry.,
14. Contractor shall notify the Ciry Engineer (in writing) forthwith when the Contract is deemed
completed.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation
is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary Califomia State Contractor's License and
authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right to audit
and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all
money to which it is enUUed under the contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three years after
termination of the contract.
19. The Contractor shall maintain all such records in the City of La Qttinta. 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 outer than at City offices including, but not limited to, such additional
(out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
Agreement t300-2
IN WITNESS WHEREOF, the parties 6sve executed this Agreement as of the dates stated below.
"CITY"
CITY OF LA QUINTA,
a California municipal rnrpora6on
/~/d rl gy; / L~ / '
Tom Genovese, City Manager
ATT T:
i
Ver~onte ino, C C, City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:~.2/~~
Dated:
"CONTRACTOR"
Dated: By:
Name:
Title:
Sierra Landscape Co.
73-771 Dinah Shore Drive
Suite 200
Palm Desert, CA 92~7Lf41819
W"~lA~-r Z-
`~ESSf~ ^nt'f
Dated: By:
Name:
Title: - -
"CONTRACTOR"-
(If corporation, affix seal)
Agrcemeat 1300.1
SECTION 1310
FAITHFUL PERFORMANCE BOND
Bond No. CA 3833302
ltalowAtt MEN By THESB PBrsl~rrs:
THAT the City of La Quints, a mtmicipal corporation, hemLoaitar dasigsamd ma City. Las, on Mar 6,,
zoos, awarded m Slerra Landscape Ca, hmeioafter designated u me Priucilrel, a Contract for PrgjeaNo.2006-
09, Avenue 54 Medico Island Laodscepa hnpravemmts end
wi'1SREAS,said Priaeipal is mganed wdertha farms of said Contmu m fiaaish a bow Earths iLimful
perfatmmce of said Contract:
NOw, T1~OR$ we, tire Principal, end aassx xtmxxGN xmsoanncs co~xtttr , ay ~,~ ma
bald and fnmly bound unto the City,m the jest and fall amouad ofFWe Hnadrat and Eigbly Oce Thousand, Ome
Hundred and Flay Nina DoQars and 3iriy Ceafs (5581,159.60) ]awful money ofma United Stator, fortbe
paym®t ofwhich strm well and tnily to be madq wa bind oumeNm, ourhairs, exacatuts, administrators, and
saccessota3~y ~- saverplly, Srmly by meaepreaeWS,
THE WNDITiON OF THI9 OBLIGATION IS SUCH, mat iP said Principal, Lis or its Lairs, axecmors,
admiaistmtors, auceessors, or assigns, sLaD in all ti~ stand m sad ebida by, and weII arxl tmly keep endlalthmlly
perform the covenants, cbndittotu, and ageemmts in the said ccetract end any sltaations made as uremia provided,
oa Iris or meir.part.to be kept s~ performed, at ma time sad is me warmer therein speafied, and in all respegs
according to chair true intent and meaning, and shall indeam3Qr and save hermlass, tho City, its officers rmd agents es
iherem stipulated, urea this obtigatioa shall Laconia roll sad void; omerwise it abaq ba and rema[n in fbE force and
vbtua
It is ecimowledged mat me Cdutract provides for one-year ga~uome period, dining wLuL time min bond
remains m PuE force and effort.
And tim said Surety, for valve received, hemby s6palates and'agreea flint m cLange, astenvan of isms,
alteration, or addition to the [morn of ms Contract or to me work to be perfdrmed mawnder or me speeiScetions
accompanying ma eame stall, in my way, affect its obligations on tLis bond, and it dons hereby waive notice of eay
such cbrmga, eate~sioa o£time, altwation, or addition to ma teams of ma Contract or w ma work ~ to the
apedficetions: Said Surety hereby waives me provisions of Sect[ons 2819 end 2645 oftha Civrl Code ofma Stem of
Catifimnie.
FattbNlPerlormmalbed [310.1
IN W17NSSS WFffitEOF, tha Prlra:ryal and Seoty Lave wcacuted fLia iasLUm~timdm~tLair
seals tLia 16th day of May .2008, tLe aemra and corporate seal of each
m P~Y~ hweto sauced and those puasmts duly signed Ly its mdarsi®sed repreamtativa, paaaaat to
authority ofim governing Ludy.
SIERRA LANDSCAPE CO.
rim
~Saal~
-. -
B rWl'rel
FetnaW Perfwmaaee Eoad
T50e ofSignatory
GREAT AMERICAN INSURANCE COMPANY
StIIa{P
//1/ _ ~}
EY (.l/Y~~~ a~~a~-
C his M. Burnett ~~~ -
Sigoafijra 1br.Sarety
~''n...
Attorney-in-Pact
TStia of Signatory
4600 South Ulster Street, Suite 240
Denver, Colorado 80237
Addrase of Barely
(303) 225-8030
Phone # Of Sanity
Douglas J. Rothey
Contact Person For Sa¢ety
7330,2
SECTION 1320
PAYMENT$OND Bond No. CA 3833302
KNOW ALL M@T EY THIiSE PRESENTS:
THAT the csly of.la tZaima, a mnniaipel aoqoration, Leteina$er dcvignated the City. has. on Mar 6,
21108, awarded to Sierre Landscape Co. haeioetAa deaigoetat as the Principal, a Coahad for Project No.2006-09,
Aveave 54 Median Island Landscape Improv®mts, and
WHI~+AS, said Primdpal is requuad m fiunish a bond in caaoactim< and with said Contract, providing
that ff eaid otany of it or its aobconcactora shaII ia0to pay for aqy matsials, provisions, or other supplies
used fq upon, fay or about the petformanca of ~e work conhacood in 6a done, or for aqy work or hdwr dmm
thereon ofanykhtd, fife Smety ofthis bond wID paythes®e totho asomthmeioattersettimth:
•NOW, TI~'ORE, wq fho Principal, and oasxx xm;sexcxrr rasoautcs cosmxNr ~ 5~,~ are
hold and srmly bound unto the Ctry in the just and fitD amount of Five i3modred and Eighty One Thoasmd, One
Hmdred and Fifty Nine Dollars and Shay Coats (SSSI,IS9.60) letvtul money of the United States, for the
payment of which sum waD and triily to.be ntadq wa bind ourselves, oar hens, exeentma, .adnsiuistratois, aml
suocessbrs, jointly and'savetally, STmly bytbesepresents.
THIi CONDITION OF THIS OBLIpATION IS BUCH, that if Said Ptindpal, it or ~ baba; ezecutms
administmmta, ancrxssors, or assigns, sties faS to pay for mry matmials, provisions, or other supplies Head iq, upon,.
for, or shoot tho perNttmance oftlta work tmntraded ro be dung orfarapy work or hd>or thereon of any ]dad or for
amount due tmdar iha Unemployment Iosm~ca Ad with aspect to sodt work or hdt~, or for a.q. ammmts doe, or
to ba withbeldputsoant to Sections 18806 ofihe Rmenne and Tmmtlon Codo ofthe State ofCelifomla witlt reaped
to such work or labor, then said amsty wiD pay the sates in or to en amount ~t exceeding the amomtt hetoinabove
set Sorth, end also wtli pay in ease suit is bronght upon this band, each reesoneble attomay's foes to tho City es shall
6a Sxed by the covet
Tlas band shall insure to the benefit of auy end erg patsans,~comapames, and wrpcnetiass named in 3edion
3181 of the Civil Colo of the State of California so a9 m give a rlgbt of action to them or th~.assigns is any sat
brought 9pOn this bond.
And dw said Sucoty, for vahas received, baeby stipulates and agtaea tb~ no c)mnga, e>nenaion of 1tIDq
altaaCon, ~ addition of the terms of the Conhact or to the wank m be performed tberormder err the speciScetions
accompaayjng the soma shall, tin any way, affect its obligatiaos of ihis,boad, and it does hemby waive noBce of ®y
cbangq extension of timq altaaaoq or Bddiam m Poe tams oftha coanact or m the work err to the speci8catians.
Said Smeryhereby waives the provisions of Sediama 2819 grid 2845 ofthe Civil Code of8te State of r`et:fm,nw
Pgyauntnoad 120-1
Bd VJTTN$SS WFiERBOF, tLe Prianipal.and StwYy Lave cottecntcd this instn~rat wader flreir seals ibis
16th day of MaY ~ 2008, iLe name and oorpta'a[e sml of eadi c<upora<a
Petty being hmeto affnced ®d tbaea Presents duly signed by its undersigned reeve, pmt to authority of
its governing body.
TS<la of Signatory
GREAT AMERICAN INSURANCE COMPANY
~/JJ ~~®® /~
BY L;1/nffi/,l ~ .(~/~ /mil/ ~ ` ~- (SeraA
C hia M. Burnett
Attorney-in-Fact
- Title of 3igoatory
4600 South Ulster Street, Suite 240
Denver, Colorado 50237
Address ofSmaty
(303) 225-5030
PLona # of Surety
Douglas J. Rothey
Contact Person For Surety
~;-
r.ym®tBona y~
CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT
State of California 1
County of •~rrltSSO~c. Jl
On S- Ib-O.$ before me, ~cQ,.~-r~w Syc..~.S~~- r-h-prc>,.y ri~.sF,uL ,
Date Mere Insert Name antl Titie of the Officer
personally appeared UWt~-~~~. C70r~+'t~c,.~E,2
Nameis) of Signer(s)
RO~RI W. 8YWE81ER
Corpmiwlon • 17d1 t t 8
rMMry /ub8c • Calttornla
RhraNtls County
~MyCamn6~1Wr28.2071
~~~
Place Notary Seal Abave
who proved to me on the basis of satisfactory evidence to
be the person(,d} whose name,(s~ is/are subscribed to the
within instrument and acknowledged to me that
he/s~/tpey executed the same in his/~arltf~r authorized
capacity(ipdj, and that by his/F~r/tl7ell signature( on the
instrument the person(s'j, or the entity upon behalf of
which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ha official aI.
Signature ~"
Signature of ota Public
OPTIONAL
Though the information below is not required 6y law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment o/ this /orm to another document.
Description of Attached Document
Title or Type of Document: ~+kv~rT ~k- \ ~
Document Date: 6- I b'O 8 Number of Pages: Z
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ~7E•R~in-L~~ LJCS~'Letc~E'Z Signer's Nai
^ Individual ^ Individual
(Corporate Officer-Title(s): ~r"~Sb~"~T
^ Partner - ^ Limited ^ General ,,,
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
^ Other:
Signer Is Representing:
^ Corporate Officer-Title(s):
^ Partner-^ Limited ^ General
• ^ Attorneyin Fact
Tap of thumb here ^ Trustee
^ Guardian or Conservator
Top of thumb here
®200] National Notary Assoaation • 9350 De Soto Ave, P.O. Box 2402 •Chatsvorih, CA 91313-2402• vraw.NationalNOtaryorg Item 8590] ReoMer Call TOll-Free 1-800-8]6£82]
State of COLORADO )
ss.
County of DENVER )
On May 16, 2008, before me, a Notary Public in and for said County and State, residing therein, duly
commissioned and sworn, personally appeared Cynthia M. Bumelt
known to me to be Attorney-in-Fact of GREAT AMERICAN IN8URANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument on behalf of the said corporation, and he duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above. ,/ ~ ,, ~ / ~-,, ~ ~)
My Commission Expires: September 79, 2009 ~!~%~~~P~,-C~a~~l*~~ _-_-
Kathleen Van Houten, Natary Public ..~, =
GREAT AMERICAN INSURANCE COMPANY®
Adminh;Vatlve OR1ce: 660 WALNUT 8TREET ~ CINCINNATI, OHIO 48202 ~ 813.989.8000 ~ FAX 613.723.2740
1 he n77mber of persons authorized by
this power of atromey is not more thm THREE
No.O 14420
POWER OF ATTORNEY
MYOW ALL MEN BY 7T0'$E PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person a persons named below its true and lawfid
anomeyin-fact, for it amt in its name, place and stead m execute m behalf of the said Company, as surety, any and all bonds, undenaldngs acrd contracts of
suretyship, or other written obhgatrons in the nature thereof; provided thffi the liability ofthe said Company on any such bond, mdenaking or contract of
suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DOUGLAS J. ROTHIiY ALL OF ALL
CYNTHIA M. BURNETT DENVER, 575,000,000.00
ERIK ULIBARRI COLORADO
This Power of Attorney revokes all provious powers issued in behalfof Me attomey(s}in-fact named above.
IN WITNESS Wf~REOF the GREAT AMERICAN INSURANCE COMPANY has caused these presems to be signed and attested by its
appropriate of0cess and its cetPorate seal hereunto atBxed this jwe day of, 7TM , 2007.
Attest
STATE OF OHIO, COUNTY OF HAMR,TON - ss:
GREAT AMERICAN INSURANCE COMPANY
DAVIDC anct7m (5733893871)
On this june day of 7TM , 2007, before me personffily appeared DAVID C. KI'CCFi7N, to me known, being duly sworn,
deposes attd says thffi he resides io Cincinnati, Ohio, that he is the Divisior7al Senior Via Presidem of the Bau1 Division of Cheat American Insurance
Company, the Company descnbed in and which exavted Ore above irrffirurnent; that he knows the seal of the said Company; tlrffi The seal affixed to the said
instrument is such cotporffie seal; that it was so atExed by authority of his office under tl7e By-laws of said Compmy, and that he signed his more thereto by
like authority.
This Power of Attorney is granted by eNhority of the fo0owing resolutions edo~ed by the Board of Directors of Greffi American t^s^^^rr
Compar7y by 7maoimous writren consent dated March 1, 1993.
RESOLVED: That the Division President, tbe several Dtviaton Vrce Presuknts and Auistant Vice Presuknts, worry one of them, be std hereby Ls
avfhortzed from nrae ro ttme, to tgrpoint one a more Attorneys-a-Fact ro execute on behdjof tbe Comparry, as surety, airy ardall bads, undenalmgs mad
connactr ofsweryshlp, or odor written obligattoro to the nature thereof to preurlbe drab respecive dunes and the respective limits ojthetr authority; and to
revoke any such appointment a arty Mne.
RESOLVED FURTHER That dre Compmry seal and the s[gnamre of any of the aforesoulo,Blcers and arty Secretary a Asarstmu Secremry oJdre
Cotrrpmry may be affaed byfacsimtk to arty power of atorney or art((lcate ofeither givenfor the executiar gfmry baud urdertakirrg, comract or sureyship,
or other written obligrrtlon in the rmfure thereof, such sigrrMrre and sea! when so uteri beingbereby adopted by the Company as the origun! sigrnfroe ofsrach
offu>°r and the ortghml sea! ojthe Company, to be valid and birding upon fie Campmry with the same force amt e„8ecvas though tnmma!(y 40+ced
1, RONALD C. HAYES, Assistam Secretary of Greffi Americm Insurmce Company, do hereby certify thffi the foregoing Power of Attorney and the
Resolutions ofthe Board of Dhectors of March 1, 1993 have not been revoked and are now in full force sari effect.
Signed and aeffied this 16th ~,ef, Nay ,zoos
S7(Y29T (7787) - - -
~-- -•
SECTION 1330
>n accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the
Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract."
Signature
c_~~
Title
~~1-~
Date
Workers' Compeossfioo losenoce 1330-1
SECTION 1340
LIABILITY AND INSURANCE REOUIItEMENTS
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 m 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 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 1NSURANCE REOUIREMENTS
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 REOUIREMENTS, 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 umil 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 Geoersl Liability PoGcv
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.
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 titan One Million Dollars ($1,000,000)
combined single limit for bodily injury and property damage, providing at least all of the following
coverage:
Liability & Insnrsnee Regniremeots 1340-1
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 tinder 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' Comoensation 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 dlough 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:
Thomas P. Genovese, City Manager
City of La Quints
P.O. Box 1504
La Quints, CA 92247-1504
2.6 Chanee io Terms
The Contractor shall pmvide 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 1340-2.5, Endorsements. The Contractor shall be obligated to pay any
extra premium for maintaining the insurance requirements specified herein.
Liability & lasaraace RegoiremeoU I3d0-2
J@Y/Uy/LUUtl/ IUC IU; ja Ym Jlerra Landscape Lo. PNA No, YbU 3Ltl tly44 Y. UU1/UUI
0^/09/2008 ]'S 17: 0a FAY 760 777 7155 to Quinta eublic parks ®OOl/001
Sheet I oft
CONTRAC'T': 'Avenue 54 Median Landscape Improvements
CONTTiACTOTi: Sierra Landscape Comptugy, Tric.
73-771 Dinah Shore Drrve, Suite 200
Palm DesertP Ca 92231
PROJECT N0.2006-09
CONTRACT CHANGE ORDER NO.1
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Ptasuattt to the tams ofthe original CotttrsctAgreettteat, You ere hereby directed to makathehaein described changes or do0tefollowing
desrnbedworknotincludedinthephmeand specificationsforthisContract Utilessotherwisestatedallwaricsttallw»fmmtothetams,
gwael cgnditions, end specgel provislats of the original Cottllact
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D~SCRIYTION OF CHANGE
This Cotthact Change Order allows for the ittstallation of Desert Oold Fitters, Boulders end Syttthetic Turf in the contermedian islands on
Aitpart Boulevard from the Village of tho Palms 13nhance to Mom'oe Street, as per the attached Bid Schedule. Amovm S 80.057.00
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' Contract Amount S SSL 159.60
Add This lea a Order.No. 1 S 80,057.00
Revised Contract Total S 661,216.60
$Y realm of this contract ohangc order the time of completion iS adjusted a Pollows: 31- Wod~g days added b convect time.
1Le raWed wnkar2ttwSphtlsn date eha8 W: tIN5/08 '
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Submitted BY: ~ T bate: 9 '~'/ O~
Approved B9c _ bate: ~//~/ d~ -
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We, the anderatgrredCanlraator, haPegtyen car'Jkl eaneidernriM lafhecfteagepraposadendberrby ggne, ij tbis proposal is appreyeed tbot we will
provtda aUegedpment,IurnirhaU materials, perfasm all fabar, emept as m~ be noted above, and perfam aUservices necesaatyto eoatplate the abase
spedJled work and here~~pt as jaLpayment^ amowa shown above, whmh incfades aU sliraet and iMireet overhead espensss faraay delrpu.
Accepted
9/Q
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Sheet 1 of 2
CONTRACT: Avenue 54 Median Landscape Improvements
CONTRACTOR: Sierra Landscape Company, Inc.
73-771 Dinah Shore Drive, Suite 200
Palm Desert, Ca. 92211
PROJECT N0.2006-09
CONTRACT CHANGE ORDER N0.2
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
genera] conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
This Contract Change Order allows an adjustment of quantities between the Bid Quantities and the Actual Quantities Installed. Amount 3$ ,341.30
Previous Contract Amount $ 661,216.60
Add This Chan a Order No. 2 $ 3,341.30
Revised Contract Total $ 664,557.90
By reason of this contract change order the time of completion is adjusted as follows: -0- Working days added to contract time.
The revised contract completion date shall be: 11/OS/O8
Submitted By: ~ ~,
Approved
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t L~/f~d 9
We, the undersigned Contractor, have given careju[cansideration to the changepropased and hereby agree, if this proposal /s approved, that we will
provide all equipment, furnish all matenafs, 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 jar any delays.
Accepted By:
Contractor:
~zl~~
Date: ~~~~~1 D'~
T\ENGINEERING SERVICES DIVISIDN (Cn')\PROn3CTS\Z CONSTRUCTIONQ006-09 AVE SC MEDIAN ISLAND LANDSCAPRJGIMPROVEMENTS\CGNSTRUCTIONNAOGRESS
PAYMENTS & CCO'S\CCO k2 QUANTITY ADIUSTMENT DOC
l~az,ol ~
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
78-495 Calle Tampico
La Quinta, CA 92253
DOC # 2008-0671488
12/24/2008 08:00R Fee:NC
Page 1 of 2
Recorded in Official Records
County of Riverside
Larry W. Ward
gssessor, County Clerk $ Recorder
IIIIIII IIIIIII III IIIIIII II IIIIII IIIIIII III VIII IIII IIII
S R U PAGE SIZE DA MISC LONG RFD COPY
a
M A L 465 426 PCOR NCOR SM N E:cn
'M
,~~ ~ T' CTY UNI /
Dot ~v
SI
_. NOTICE OF COMPLETION
Avenue 54 Median Landscape Improvements (Jefferson Street to Madison Street)
Project No. 2006-09
~'
M
Ops
Title of Document
J
THIS AREA FOR-
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(53.00 Additionai Recording Fee Applies)
PLEASE COMPLETE THIS INFORMATION
flECORDING REQUESTED BY:
VERONICA J. MONTECINO, CMC, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Mon[ecino
P. 0. 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 16th day of December, 2008, a work of improvement on the real property
herein described was completed.
5. The public work improvement is described as follows: Avenue 54 Median Landscape
Improvements (Jefferson Street to Madison Street), Project No. 2006-09.
6. The name of the contractor for said work of improvement was: Sierra Landscape Co.
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: Avenue
54 between Jefferson Street and Madison Street in La Quinta
DATED: December 17, 2008 CITY OF L,d QUINTA„CALIFOi~Nlnl
BY:
STATE OF CALIFORNIA -
COUNTY OF RIVERSIDE -
I hereby certify that I am the City Clerk of the governing board of the City Council of the
City of La Quinta, the political subdivision which executed the foregoing notice and on whose
behalf I make this verification; that I have read said notice, know its contents, and that the
same is true. I certify under penalty of perjury that the forging is true and corfect./
Executed at La Quinta, California
VERONICA J/y(01~1TECINO,CMC, City Clerk
City of La nta, California