PWLC II, Inc - Negotiated Cost ProposalItem No.
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SECTION 1240
SUMMATION -FORM
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
LANDSCAPE &. LIGHTING ASSESSMENT DISTRICT #89-1
PROJECT NO. 2018-30
MEDIAN ISLAND PARKWAYS AND CIVIC FACILITIES I 'I
Description Unit Quantity Unit Price
Turf SF 89,739
Shrubs and Ground Cover SF 2,539,754
Irrigation SF 2,629,293
TOTAL
TOTAL BASE PROPOSAL ITEMS 1-3:
Annual Price
_______________________ (IN WORDS)
($ )
A. Initial Annual Contract Period will be for one year (12 months) or until June 30, 2020.
B. The City may elect to exercise an extension to renew this contract for four ( 4)
additional one-year terms with a ninety (90)-day notice, on a year-to-year basis, contingent
upon satisfactory work of the Contractor.
C. The City may authorize a maximum increase per year to the above listed contract
amount based on the Local Greater Los Angeles Consumer Price Index for Los Angeles,
Anaheim, and Riverside areas.
Page I 8 1200-8
687,059.00
Six hundred eighty-seven thousand and fifty-nine dollars
.005302185
79 167,292.00
.06131113562 66,024.00
.01488805608 453,743.00
$687,059.00
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and --------------
herein referred to as, "Contractor."
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment,
transportation, and services to perform Landscape Maintenance Services for
Landscape and Lighting Assessment District 89-1, Project No. 2018-30 in the
City of La Quinta, California pursuant to the Request For Proposal (RFP) the project
Specifications, and Contractor's Proposal, all of which documents shall be
considered a part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the Notice
Inviting Proposals, Specifications, or this Contract, then the provisions of said
Contract, Specifications, the Request for proposal shall be controlling in that order
of precedence. The time frame for work shall be in accordance with that specified
in the RFP. '
2. Contractor will comply with all Federal, State, County, and La Quinta
Municipal Code Regulations, which are, amended from time to time, incorporated
herein by reference.
3. All work shall be done in a manner satisfactory to the Public Works Manager.
4. Contractor shall commence work on July 1, 2019 after the issuance of a
written Notice to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as
shall be approved by Public Works Manager at monthly sums and/or unit prices
stated in the Contractor's Proposal, the base consideration
($ , __ .00). All payments shall be subject to approval by the Public
Works Manager 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 RFP, to any workman 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 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).
P a g e I 1. Contract 1300-1
PWLC II, INC.
57 254
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful
proposer shall pay not less than the prevailing rate of per diem wages as
determined by the Director of the California Department of Industrial Relations.
These wage rates are available from the California Department of Industrial
Relations' Internet website at http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or
subcontractor may be awarded a contract for public work on a public works project
unless registered with the Department of Industrial Relations at the time the
contract is awarded. Contractors and subcontractors may find additional
information for registering at the Department of Industrial Relations website at
http://www.dir.ca .gov /Public-Works/PublicWorks. html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be
listed on a the proposal for a public works project submitted on or after March 1,
2015 unless registered with the Department of Industrial Relations. Furthermore,
all proposers and contractors are hereby notified that no contractor or
subcontractor may be awarded, on or after April 1, 2015, a contract for public work
on a public works project unless registered with the Department of Industrial
Relations.
Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this
project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
7. Concurrently with the execution of this Contract, Contractor shall furnish a
Performance bond and a Payment Bond of a surety satisfactory to City, as provided
in said Specifications or RFP, the cost of which shall be paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party
(as hereinafter defined), the Contractor hereby assumes liability for and agrees to
defend (at Indemnified Parties' option), indemnify, protect and hold harmless City
and its Project Consultants, and Engineers, officers, agents, and employees
("Indemnified Parties") from and against any and all claims, charges, damages,
demands, actions, proceedings, losses, stop notices, costs, expenses (including
counsel fees), judgments, civil fines aad penalties, liabilities of any kind or nature
whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or
the performance of the Work including, but not limited to, death of or bodily or
personal injury to persons or damage to property, including property owned by or
under the care and custody of City, and for civil fines and penalties, that may arise
from or be caused, in whole or in part, by any negligent or other act or omission of
Contractor, its officers, agents, employees or Subcontractors including, but not
limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on
the premises, of any nature whatsoever, which may exist by reason of any
act, omission, neglect, or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors;
P a g e I 2 Contract 1300-2
2. Any operation conducted upon or any use or occupation of the
premises by Contractor, its officers, agents, employees, or subcontractors
under or pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply
with any of the terms or conditions of this Contract or any applicable federal,
state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-subsections (1), (2), (3), and (4), existing or
conducted upon or arising from the use or occupation by Contractor on any
other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss
suffered by City including but not limited to damage to or loss of City property, to
the extent not insured by City and loss of City revenue from any source, caused by
or arising out of the conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-subsections (1), (2), (3), (4) and (5).
Contractor's obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost
expense, judgment, civil fine or penalty, or liability was caused in part or
contributed to by an Indemnified Party. However, without affecting the rights of
City under any provision of this Contract, Contractor shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence of
City, provided such active negligence is determined by Contract between the parties
or by the findings of a court of competent jurisdiction. In instances where City is
shown to have been actively negligent and where City's active negligence accounts
for only a percentage of the liability involved, the obligation of Contractor will be for
that entire portion or percentage of liability not attributable to the active negligence
of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor
or any other person or entity involved by, for, with or on behalf of Contractor in the
performance of this Contract. In the event Contractor fails to obtain such
indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Contractor and shall survive the termination of this
Contract or this section.
P a g e I 3 Contract 1300-3
This indemnity shall survive termination of the Contract or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnified Parties may have under the law or under any other Contract
Documents or Agreements. In the event of any claim or demand made against any
party which is entitled to be indemnified hereunder, City may, in its sole discretion,
reserve, retain or apply any monies to the Contractor under this Contract for the
purpose of resolving such claims; provided, however, City may release such funds if
the Contractor provides City with reasonable assurance of protection of the
Indemnified Parties' interests. City shall, in its sole discretion, determine whether
such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification of the
Specifications. The City will not be liable for any accident, loss, or damage to the
work prior to its completion and acceptance.
9. Contractor shall hold the County of Riverside, its officers, agents and
employees free and harmless from any liability whatsoever, including wrongful
death, based or asserted upon any act or omission of principal, its officers, agents,
employees or sub-contractors relating to or in any way connected with or arising
from the accomplishment of the work, whether or not such acts or omissions were
in furtherance of the work requires by the Contract Documents and agrees to
defend at his expense, including attorney fees, City of La Quinta, County of
Riverside, its officers, agents, employees and Independent Architect in any legal
action based on any such alleged acts or omissions.
10. Except as otherwise required, Contractor shall concurrently with the
execution of this contract, furnish the City satisfactory evidence of insurance of the
kinds and in the amounts provided in said Specifications, Section 1340-2.0,
Insurance Requirements. This insurance shall be kept in full force and effect by
Contractor during this entire contract and all premiums thereon shall be promptly
paid by it. Each policy shall further state that it cannot be canceled without 30
days unconditional written notice to the City and shall name the City as an
additional insured on the Commercial General Liability policy only. Contractor shall
furnish evidence of having in effect, .and shall maintain Workers Compensation
Insurance coverage of not less than the statutory amount or otherwise show a
certificate of self-insurance, in accordance with the Workers Compensation laws of
the State of California. Failure to maintain the required amounts and types of
coverage throughout the duration of this Contract shall constitute a material breach
of this Contract.
11. 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.
P a g e I 4 Contract 1300-4
12. 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.
13. 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 submit a proposal on public
projects for a period of six months in addition to other penalties provided by law.
14. This Contract shall not be assignable by Contractor without the written
consent of City.
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 California 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 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.
18. The Contractor shall maintain and preserve all such records for a period of at
least three years after termination of tlie contract.
19. 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.
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.
P a g e I 5 Contract 1300-5
IN WITNESS WHEREOF, the parties have executed this Contract as of
the dates stated below.
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
By: ____________ ~
Frank J. Spevacek, City Manager
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
City Attorney
"CONTRACTOR"
(If corporation, affix seal)
By: ___________ _
Signature
Name: ___________ _ Title: ____________ _
Address:
Street Address City State Zip Code
E-mail: ________________ _
Dated: _________ _ By: ___________ _
Signature
Name: ___________ _ Title: -------------
Address:
Street Address City State Zip Code
E-mail: -----------------
P a g e I 6 Cont1act 1300-6
May 6, 2019
PWLC II, INC.President
3584 E. La Campana way Palm Springs Ca 92262
paulr@pwlc2.com