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SECTION 1240
SUMMATION —FORM
SILVERROCK LANDSCAPE MAINTENANCE SERVICES
PROJECT NO. 2023-31
SILVERROCK EVENT PARK
Item No.
Description
Unit
Quantity
Unit Price
Annual Price
1
Turf
SF
209,600
0.19
39,000
2
Shrubs and Ground Cover
SF
154,460
0.58
90,000
3
Irrigation
SF
362,030
0.07
24,000
TOTAL
129,600
RETENTION BASIN & LANDSCAPE PERIMETER
Item No.
Description
Unit
Quantity
Unit Price
Annual Price
1
Turf
SF
10,300
0.35
3,600
2
Shrubs and Ground Cover
SF
774,288
0.12
96,000
3
Irrigation
SF
785,588
0.04
30,000
TOTAL
153,000
TOTAL BASE PROPOSAL FOR SILVERROCK PARK, RETENTION BASIN, AND PERIMETER
LANDSCAPE:
Two Hundred Eighty Two Thousand Six Hundred
($ 282,600
N WORDS)
A. Initial Annual Contract Period will be for one year (12 months) or until June 30, 2025.
B. The City may elect to exercise an extension to renew this contract for six additional one-year
terms with a ninety -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 Consumer Price Index for Riverside, San Bernardino, and Ontario areas.
D. Authorized extra work and services may be requested in an annual amount to be
determined at the City's discretion and approved by City Council for landscape restoration and/or
additional On -Call Landscape Maintenance services within the L&L, non -contracted maintenance
areas, other City Facilities, and parks.
1200-11
SECTION 1300
CONTRACT
THIS CONTRACT, by and betyveen the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and a+es �c.. 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 to perform Project No. 2023-31, SilverRock Landscape Maintenance Services and
On -Call Landscape Maintenance Services in the City of La Quinta, California pursuant to the
Request For Qualifications (RFQ), 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,
and Invitation to Propose shall be controlling in that order of precedence. The time frame for
work shall be in accordance with that specified in the Requests for Qualifications.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Parks M&O Superintendent.
4. Contractor shall commence work on July 1, 2024, 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 Parks M&O Superintendent at monthly sums and/or unit prices stated in the
Contractor's Proposal, the base consideration ($ XSa , 606.00). All payments shall be
subject to approval by the Parks M&O Superintendent 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 Propose, 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).
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
Contract 1300-1
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 bid
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 bonds of a
surety satisfactory to City, as provided in said Specifications or Invitation to Propose, 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 and 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;
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
Contract 1300-2
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.
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
Contract 1300-3
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.
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 proposals for 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 the 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
Contract 1300-4
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.
Contract 1300-5
IN WITNESS WHEREOF, the parties have executed this Contract as of the
dates stated below.
Dated:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
City Attorney
Dated: 423,Laoaq
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
By:
Jon McMillen, City Manager
Dated:
Dated:
"CONTRACTOR"
(If corporation, affix seal)
B e-;yz�l,�
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Name: /`�i �� �/��TTP./`�S Title:
Address:
755
Street Address
E-mail
Dated
Name.
Address:
Street Address
City
Title
City
E-mail: h U t YL Q G' OWE
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State Zip Code
M 9z-Z63
State Zip Code
Contract 1300-6
0
VINTAGL
LANDSCAPE
Recognized and Enduring Quality Since 1992
Bid Clarifications 4/24/24
• Cost for pruning trees is included in "Shrubs and Ground Cover" Section 1240
• Our cost for turf in Silverrock Event Park is based on 209,600 sq/ft provided.
Actual square footage for park is approximately 300,000 sq/ft. Amendment
should be considered for start of services and multiplied by the unit price of
.19cents/sqft.
LayerS 'C,
Measurements
• ✓ Turf
g 2536,404.14 sf
s ID61
4,171.79 sq ft
✓ ID62
2.760.1 sq ft
ID63
11,403.57 sq ft
:r ID64
20,331.63 sq ft
,r 1065
23,111.35 sq ft
afi 1066
33.832.62 sq ft
® ID67
40,841.49 sq ft
90 ID68
40,651.57 sq ft
'fK ID69
48,175.01 sq tt
1070
43,03287 sq ft
✓ ID71
14,988.78 sq ft
✓ ID72
12,546.43 sq ft
✓ ID73
L044.63 sq n
✓ ID74
4,383.46 sq ft
✓ ID75
1.362.81 sq ft
✓ ID75
4,519.48 sq ft
✓ ID77
6,410.14 sq ft
✓ ID78
2,53424 sq ft
✓ ID79
1,297,89 sq ft
✓ ID80
4,076.95 sq ft
✓ ID81
12,941 sq ft
✓ ID82
9,043.34 sq ft
✓ ID83
1,275.68 sq ft
✓ I084
2.787 sq h
Vintage Landscape • Vintage Nursery • Vintage Outdoors
78-755 Darby Road, Bermuda Dunes, CA 92203 • (760) 772-3673 • Fax (760) 772-3674 • VintageLandscape.com • License #647984