Skoch Enterprise/Rehab 53-710 Rubio 10CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and SKOCH ENTERPRISE, 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 Landscape and Irrigation at 53-710 Avenida Rubio, in the City of La Quinta,
California pursuant to the attached proposal listed as Exhibit A.
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 Director of Building and
Safety.
4. Contractor shall commence work after the issuance of a written Notice to Proceed
and agrees to have all work completed within 30 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 Director of Building and Safety at lump sums and/or unit prices stated in
the Contractor's Bid, the base consideration of Seven Thousand Three Hundred Fifteen
Dollars ($7,315.00). All payments shall be subject to approval by the Director of Building
and Safety.
6. Prevailing Wage is not required for this project.
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
Indemnified Parties.
rune,.,, 1300-1
B, 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 as follows:
Commercial General Liability Policy
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs
must be paid in addition to limits. There shall be: no cross liability exclusion for
claims or suits by one insured against another. Limits shall be no less than One
Million Dollars (S1,O0O,OOO) per occurrence for all covered losses and no less than
Two Million Dollars ($2,0OO,OOO) 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.
C. Pollution liability.
d. Contractual liability.
Coverage shall be applicable to City for injury to employees of: contractors,
subcontractors or others involved in the project. Policy shall be endorsed to provide
a separate limit applicable to this project.
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,OOO,0OO
per accident for all covered losses.
Business Auto Policy
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than
$1,OOO,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.
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 provisions providing primary coverage above a maximum
$25,OOO self -insured retention for liability not covered by primary but covered by
Contract 1300-2
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.
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. 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. 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.
10. This Contract shall not be assignable by Contractor without the written consent of
City.
11. Contractor shall notify the Director of Building and Safety forthwith when the
Contract is deemed completed.
12. 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.
13. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
14. The City, or its authorized auditors or representatives, shall have access to and the
right to audit and reproduce any of the Contractor records to the extent the City deems
necessary to insure it is receiving all money to which it is entitled under the contract and/or
is paying only the amounts to which Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
15. The Contractor shall maintain and preserve all such records for a period of at least
three years after termination of the contract.
16. 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
Contract 1300-3
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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
Dated:;�%�
APPROVED AS TO FORM:
"CITY"
CITY OF LA QUINTA .
a California municipal corporation
Thomas P. Genovese, City Manager
1-2� /C - � �._ Dated:_ /4,- i l ,22
City Attorney U
"COP
(if corpor
Dated: ghc'I to
By:
Title: <:j %A— --
Contract - 1300-4
ENTER:PAU,S5
Landscape, Irrigation and Design
P.O. BOX 5191
La Quints, CA 92248
Phone f Fax: (760) 200-2846
PROPOSAL
TO; THE CITY OF LA QUINTA
ATT; KIRK KIKLAND
FOR; LANDSCAPE AND IRRIGATION
RE: 53-710 RUBIO
TO INCLUDE; 1-24" BOX SHADE TREE S 250.00
1-15G VERTICAL TREE $ 100.00
9( DOLLYSIZE BOULDERS
$
675.00
`� 2-5G VINES
$
100.00
28-5G SHRUBS
$
700.00
14-1 G SHRUBS
$
140.00
4-TN DG
$
400.00
8-TN ROCK
$
I,000.00
IRRIGATION
$
1,100.00
90 DAY MANT.
$
240.00
CLEAN UP
$
200.00
20' 1X4 HEADERBOARD(TREX)
$
60.00
IRRIGATION FOR SIDE YARD VINES
$
400.00
DEMO FRONT YARD
$
600.00
ROCK BACKYARD 8-TN '/<"
$
1,000.00
TRIM FICUS IN BACK
$
400.00
TOTAL BID; $ 7,315.00
4-13-10
THANK YOU
Apr 30 10 12:27p Skoch Enterprise 7602002845 p.1
a S9.
�1 E w
S E Q E
_ dl
fl of
�. � Q o
� Q
o_ goy
_ o
Ix
de- F N
fL
dd
QO
ILJ
WQ
id
t_
N
'N
3
94
F J
04/28/2010 09:50 7603604817
DESERT EMPIRE INS
28KOCENTI
Cllenta: 166
ACORI X CERTIFICATE OF
LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A
PRODUCER
ONLY AND CONFERS NO RIGHTS UI
Desert Empire Insurance
HOLDER. THIS CERTIFICATE DOES
ALTER THE COVERAGE AFpORDEC
Services, Inc. LIC a OF09843
77.664 Country Club Drive
INSURERS AFFORDING COVERAGE
Palm Desert, CA 92211
OUR QBESpeclal
INSURED
Skoch Enterprise Inc.
NSURER a Insurance Com any of t
P O Sox 5191
INSURER C Prastorlan Insurance CO
Ls QVinta, CA 92253
INSURERn.
IAVE BEEN ISSUED TO
INV CONTRACT OR OTI-
THE POUCIE6 DESGRIE
vC RFFN REDUCED BY
POLICIES.
A
CLAIMS MADE I XI OCCUR
C AUTOMOBILE lA00.RY
ANY AUTO
ALL OWNED AUTOS
X
SCHEDULED AUTOS
X
HIRED AUTOS
X
NON -OWNED AUTOS
ANY AUTO
OCCUR UCLAIMS MADE
DEDUCTIBLE
RETENTION _ 1
B WORKERS cOMPENMMON AND
ENPLOYERS• UABRMY
ANY
APFICPRRDMJ9BERM KOLA �E
11 yypF�A Nf9DIbA u17N
SPa'IALPRONSIONS m
OTHER
02/01/10
02/01/10
ALL
I
6v A-F PAGE 01/01
DarnmwrvTn
12=01E
aD
NAIC 4
COMBINED LIMB s1
SODILY INJURY $
(p 'g W)
BODILY INJURY g
IPar Accwwt)
PROPERTY DAMAGE s
(PN MWWL)
OTHER THAN
AUTO ONLY.
DESORIPDONOFOPERATLONBOPERATgw I LOCAT10Ns I VEMLES I EXCLUSIONS ADDED HT ERPUHZIQM—I
CertIficate holders are are also named as additional Insured CG 2010 7/04 CG201010/93 where required by
written contract
HOLDER CANCELLATION 10 Days for Namra eoA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEPOBE THE EXPIRATION
City of La Quints DATE THEREOF, THE ISSUING INSURER W"ENDEAVOR TOBAIL -'4n_ DATSWRITTEN
NOTICE TO THE OERTIPIOATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHA
P Q BOX 1504 LL La QUlnta, CA 92253 NPOSE ND OBLIGATION OR LIABILITY OF ANY ONO UPON THE INSURER, ITS AGENTS OR
IIEPRESEHTATNE&
c r v -
25 (2D01106)1 of 2 i1S1S23G71M1523G5 2JPIM 0 ACORD CORPORATION 19t
u4t Zb/Lulu n/:dt) /b0.Jb0Qbi I DESERT EMPIRE INS PAGE 02/03
POLICY NUMBER: RXM00003,_. 01 00 CA COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name Of Additional Insured Person(s) Location(s) Of Covered Operations
Or Organlzation(s):
Blanket es required by written contract and effective
during the policy period as stated on the policy
declarations.
Information required to Complete this Schedule, if not shown
A. Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or organi-
zations) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in
part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated
above.
Blanket as required by written contract.
Primary Insurance applies: It is agreed that such
insurance as is afforded by this policy for the benefit of
the additional insured shown shall be primary
insurance, and any other insurance maintained by the
additional insured(s) shall be excess and
noncontributory as respects any claim, loss or liability
allegedly arising out of the operations of the named
insured, provided however that this insurance will not
apply to any claim loss or liability which is determined
to be solely the result of the additional insured's
negligence or solely the additional insured's
responsibility.
be shown in the Declarations.
S. With respect to the insurance afforded to these addi-
tional insureds, the following additional exclusions ap-
ply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after.
1. All work, including materials, parts or equipment
fumished in connection with such work, on the pro-
ject (other than service, maintenance or repairs) to
be performed by or on behalf of the additional in-
sured(s) at the location of the covered operations
has been completed; or
2. That portion of "your work" out of which the injury
or damage arises has been put to its 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 pro-
ject.
CG 2010 07 04 (Blkt) 0 ISO Properties, Inc., 2004 Page 11 of 1
u+, can colt o,. of /OV3OO401 ( VLbLKI LMI'1KL 1Nb F'AGL 03/03
POLICY NUMBER: RX1410000, 3 0100 CA -- COMMERCIAL GENERAL LIABILITY
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
The issuance of this form to a Person or Organization is subject to company guidelines and approval.
Primary Insurance Applies
It is agreed that such insurance is as afforded by this policy for the benefit of the additional insured shown shall be
primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and
noncontributory, but only as respects any claim, loss or liability arising out of the named insured(s) or its
subcontractors, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the
named insured.
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli-
cable to this endorsement.
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sched-
ule, but only with respect to liability arising out of your ongoing operations performed for that insured.
CG 20 10 10 93 (Primary) Copyright, Insurance Services Office, Inc.. 1992 Page 1 of 1