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Sierra Landscape/PM10 Washington & Miles 04SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Sierra Landscape Co., 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. 2002-09, Miscellaneous PM-10 Soil Stabilization Improvements, Washington Street and Miles Avenue Parkways, in the City of La Quinta, California pursuant to the Invitation to Bid, dated February 4, 2004, the project Specifications, and Contractor's Bid, dated March 4, 2004, 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 90 consecutive calendar 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 City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration Four Hundred Eighteen Thousand, Nine Hundred Eighty One Dollars and Sixty Cents ($418,981.60). 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 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). 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 Bid, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). Agreement 1300-1 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furmh the City satisfactory evidence of insurance of the kinds and in the amounts provided in said S insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon hall bes Promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence ofhavin in effect written 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 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 her mentioned, for each calendar day during which such laborer, wgrkm herein other than a rate of pay provided by law for more than 8 hours in' any one calendar day and 40 po tted to work at re week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. one calendar 11. In accepting this Con rit of antract; Contractor certifies that in the conduct of its business it does not deny the y 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 b the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in y 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 more than 20 calendar days duration, that apprentices will be employed without discrimination in an roved Program apprenticeship standards of the craft involved (Sections 1777.5 and 17�77.6, Labor Code of CaliforniaeS Contractors in the willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to othero penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City 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 California State Contractors 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 and th Contract or for other purposes relating to the Contract. e 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 offices including, but not limited to, such additional (out of the Ci expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. ty) 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 1300-2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: v1 June S. Greek, City Clerk / APPROVED AS TO FORM: City Att&ney Dated: Dated: "CONTRACTOR" (If corporation, affix seal) "CITY" CITY OF LA QUYNTA, a California municipal corporation /1040 L By: Li -- Don Ado , May Dated: "CONTRACTOR" By. a Name:/ 9 C Z Title: T��i� 7 By: Name: Title: 1300-3 Agreement SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement ofwork 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 PZECV ��-T Title �e �r/8/oy Workers' Compensation Insurance 1300-8 Bond #6252875 Premium: $7,285.00 P rem i um is for contract term and is subject to adjustment based on final contract price. SECTION 1310 FAiTHFUL PERFORMANCE BOLD KNOW ALL MEN BY THESE. PRESENTS: THAT the City of is Quints, a. municipal corporation, hereinafter designated the City, has. on April 6, 2004, awarded to Sierra Landscape Co., Inc., hereinafter designated as the Principal, a Contract for Proiect No. 2002-09, Miscellaneous PIA-) 0 Soil Stabilization improvements, Washington Street and Miles Avenue Parkways, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: First National Insprance Compan pf Ameri NOW. THEREFORE, we, the Principal. and , Yat Surety. are heTS and firmly bound unto the City in the just and full amount of Four Hundred Eighteen Thousand, Nine Hundred Eighty One Dollars and Sixty Cents (.S 418,981.60) 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 TMIS OBLIGATION iS SUCH. that if said Principal, his or its heirs, executors, administrators. successors, or assigns, shall in all things stand to and abide by. and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided. on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning. and shall indemnify and save harmless, the City. its officers and agents as therein stipulated, then this obligation shall become null and void: otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period. during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change. extension of time, alteration. or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way. affect its obligations on this bond, and it does hereby waive notice of any such 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. Faithful Performance Rend 1300-4 IN WITNESS WFTCREOF, the Principal and Surety have executed this instrument under their seals this 12 th day of _- Apr i 1 , 2004, the name and corporate seal of each corporate patty being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Sierra Landscape Co., Inc. Principal (Seal) vgnature for Principal _ -- _ l en Title of Signatory First National Insurance Company Of America �..... Surety ... _ Signature for Surety Diane M. Nielsen Attorney In Fact _ Title of Signatory 2677 N. Main St. #600, Santa Ana, Ca. 92705 Address of Surety 714-437-3044 Phone # of Surety Esmeralda Ureno Contact Person For Surety Fal6fol Parfnrmance Road 1304-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On before me, s Date f Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared 46�� e;011 Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name a/are subscribed to the within instrument and AR acknowledged to me thaf&/she/they executed gYµff*js F• # l�� Came'^ _ Cq�fv� � the same in I^l�her/their authorized Hoilary �' Countll capacity( j, and that by ,I%1� /her/their Riveg�signatureWon the instrument the person ' , or iNh►"'• the entity upon behalf of which the person acted, executed the instrument. W ESS my hand a Is I. Place Notary Seal Above Signatu of Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documen _ n Title or Type of Document:��7`�l��C�-��� 4n4_12L Document Date: '� 2 /7 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 5Z Corporate Officer — Title(s): ��DEw 7- 0 Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-875-6827 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON April 12, 2004 BEFORE ME, PERSONALLY APPEARED: Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate LUIS GARCIA, Notary Public DIANE M. NIELSEN ( ) Partner(s) (X) Attorney In Fact .( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature: Luis LUIS GARCIA _ Commission # 1310163 Notary Public - Cau60mia Z Riverside County My Comm. Expires Jul 20, 20M ALL PURPOSE ACKNOWLEDGMENT Bond # 6252875 Premium included in Performance Bond. SECTION 1320 PAYMENT BONA KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Qu.inta, a municipal corporation, hereinafter designated the City, has, on 4/6 12004, awarded to Sierra Landscape Co., Inc., hereinafter designated as the Principal, a Contract for Project No. 2002-09, Miscellaneous PM-10 Soil Stabilization Improvements, Washington Street and Miles Avenue Parkways, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if ail to pay for any materials, provisions, or other supplies used in. said Principal, or any of it or its subcontractors shall f 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 act forth: Fi rst National Insurance Company" Of America NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of Four Hundred Eighteen Thousand, Nine Hundred Eighty One Dollars and Sixty Centa (S 418,981.60). lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirq, executors. administrators, and successorsJointly and severally, firmly by those 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 Insurarice 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 City 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 terns of the Contract or to the work to be performed thereunder 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 130e-6 IN WITNESS WHEREOF. the Principal and Surety have executed this instrument under their seals this 1 2 th day of._... Apr i 1 , 2004, 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. Sierra Landscape Co., Inc. Principal (Seat) ignature for Principal Title of Signatory (Seal) First National Insurance Company Of America ^..... Surety .. — Signature for Surety Diane M. Nielsen _ Attorney In Fact _ Title of Signatory 2677 N. Main St. #600, Santa Ana, Ca. 92705 Address of Surety 714-437-3o44 Phone # of Surety Esmeralda Ureno Contact Person For Surety f+althf d Pcrformaece Rood 1300-.J; i+w1 1Cd%nU1e Al I _ouMPOSr ACKNOWLEDGMENT State of California • ss. County ofF v,5e�l On �j 2Gr0 , before me, Date personally appeared ILA SYNTHIA F. SALAZAR Commbsion # 12932" Notary Pubic - Ccltfoo to Riverside Counfy My CarnM EsQies Feb & XIIX Place Notary Seal Above cc Name and Title of Officer (e.g., "Jane Dbe, Notary Public") 7.lcz Name(s) of Signer(s) ,.personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personK whose name(q dWare subscribed to the within instrument and acknowledged to me the she/they executed the same in F�/her/their authorized capacity(iog�, and that by 0/her/their signature*on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. WI NM;4 i eal. 14 ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: & V Number of Pages: Signer(s) Other Than Named Above: N Capacity(ies) Claimed by Signer 'leg,tc., A, Signer's Name: 67.1 ❑ Individual �de-o,-7Corporate Officer — Title(s):T ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ther: Signer Is Representing: © 1997 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 " Chatsworth, CA 91313-2402 rroa. NO. 0VU 1 Rtlul U01. �011 o` - --- STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON Ap r i 1 12, 2004 , BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate ( ) Partner(s) (X) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature: !� - ; Luis LUIS GARCIA _T;�*Commission # 1310163 § I Notary Public - Caiifomia Z Riverside County My Comm. Expires Jul 20, 2005 ALL PURPOSE ACKNOWLEDGMENT Fa S A F E C 0' FIRST NATIONAL SURETY PO BOX 34526 SEATTLE, WA 98124-1526 KNOW ALL BY THESE PRESENTS: POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 SEATTLE, WA 98124-1526 No. 10903 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ********************VAN G. TANNER; PAUL W. LEWIS; MATT COSTELLO, DIANE NIELSEN; ANN WILLARD; Palm Desert, California*********************** its true and lawful attorney(s}in-fact, with full authority to execute on behalf of the company fidelity and surety'bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21st day of August 2003 4ft[t.- pc-4���ac� CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL f,1192a d�J 0 P11d1 4 ; / this 12 t h day of Ap r i 1 2004 CHRISTINE MEAD, SECRETARY 8 A registered trad*mark of SAFEC© Corporation S-1049/FNEF 7/98 08/21/2003 PDF OF CONTRACT: CONTRACTOR: Sheet 1 of 4 Miscellaneous PM10 Soil Stabilization Improvements Federal Aid Project CML # 6164 (009) PROJECT NO. 2002-09 Sierra Landscape Co., Inc. P.O. Box 14247 Palm Desert, CA 922554247 CONTRACT CHANGE ORDER NO.1 Pursuant to the terms ofthe 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 This Contract Change Order allows for the following: Adjust manhole that was not identified on plan. Adjust manhole on T&M basis not to exceed $ 3,450.00 Amount 3,450.00 Remove installed retaining wall footing due to conflict with IID vault requirements. Amount 7,850.00 Total Amount S 11 300.00 Previous Contract Amount Through Change Order No. 0 $ 418,960.00 Add This Change Order No. 1 $ 11,300.00 Revised Contract Total $430,260.00 By reason of this contract change order the time of completion is adjusted as follows: -4- days added to contract time. The revised contract completion date shall be: 09 /23 /04 Submitted Approved We, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all 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. Accepted By: Title:_ Contractor: �J° ate . Date: a TAMDEMPROJECTM2002 PRJCTS\2002-09 WASHMUMSSTAMCONSTRUCTIOMCCO #1 .DOC 07/18/2004 22:00 7603450328 SIERRA LDSC PACE 02/05 Sierra LN www evm P psi 4"7 Bwm da MoUs, Ca UM July 18, 2004 Mr. Leonard R. St. Sauver City of La Quinta — Public Works Dept. P.O. Box 1504 La Quinta, CA 92253 Subject: Adjusting Manhole City of La Quinta Project No. 2002-09 Misc. PM 10 Soil Stabilization Improvements Re uest for Chance Order 01 e Lollaw-ming extra ds to be an add to the contract total: Cost to adjust the existing manhole to grade to be done on a T & M basis with a not to exceed price of $3,450.00. ' Total Change Order #001: Not To Exceed $3,450.00 Since ly n9 • nzalez President __T 07/18/2004 22:00 7603450328 SIERRA LDSC PAGE 03/05 SO lerra LANDS CAFE ., Nl NUM Mdr*n P.O. BOX IWT Mac office f ' ' OaMt1 Dom, CA M S-M47 OWNS. CA oT1o� July 189 2004 Mr. Leonard R. St. Sauver City of La Quinta — Public Works Dept. P.O. Box 1504 La Quinta, CA 92253 Subject: Existing Retaining Walt Footing Removal CRY of La Quinta Project No. 2002-09 Misc. PM 10 Soil Stabilization Improvements Re -quest for Cha e Order #OQ2 T e Ilo vi era work to be an add tothe contract total: The following costs are associated with the work com leted for the installation of the footing for the retaining wall per plans, and demo of the footing due to revised plans: 1) Work Completed on installation of footing $ 4, 750.00 2) demo existing footing, remove/haul offsite, backfill and recompact 1 p0.00 Total Change Order #002: $ 7,850.00 Off' �p • 000, w5 OF Tl� Sheet 1 of 3 CONTRACT: Miscellaneous PM10 Soil Stabilization Improvements Washington Street and Miles Avenue Parkways Federal Aid Project CML # 6164 (009) PROJECT NO. 2002-09 CONTRACTOR: Sierra Landscape Co., Inc. P.O. Box 14247 Palm Desert, CA 922554247 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 terns, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for the following: Remove non -compatible existing valve actuator and replace with actuator compatible with solar controller as provided in the project plans and specifications. Amount S 2,100.00 Provide additional labor to manually water plants until modifications to valves are made due to incompatible actuator specified on plans . Amount S 5,842.00 Total Amount 7,942.00 Previous Contract Amount Tbrough Change Order No. 1 $ 430 60.00 Add This Change Order No. 2 $ 71,942.00 Revised Contract Total $438,202.00 By reason of this contract change order the time of completion is adjusted as follows: -1- day added to contract time. The revised contract completion date shall be: 09 /24 /04 Submitted By: Date: C1 /I fox+ Approved B : Date: PP Y We, the undersigned Co ctor, haveg&m provide all equipment, furn h all materia , specified work; and hereby a cept as fpf+ Accepted By: Contractor: ( SC n to the change proposed and hereby agree, if this proposal is approved that we will o6xcept as may be noted above, and perform all services necessary to complete the above shown above, which includes all direct and indirect overhead expenses for any delays. Title: Date: TAMDE MMOJECTS\2002 PRXTSMM-09 WASWR ESSSTAMCONSTRUMONTCO #2.DOC 1 /.2004 :111-:Z5 ` .7603450328 SIERRA . LDSC. PAGE.': M/ 83. ,.:.:.: � SierrLANDSCAPE September 1, 2004 Mr. Leonard R. St. Sauver City of La Quinta — Public Works Dept. P.O. Box 1504 La Quinta, CA 92253 P.O. NOX 14297 Patio Desert, CA 92256.4W Subject: Manual Watering of Plant Material City d Le Quinta Project No. 2002-09 Misc. PM 10 Soil Stabilization Improvements Reauest for Change Order #004 Manually hand water from 8-21-04 to 9-10-04, due to irrigation revisions. Hurvery ows. 78429 Dwby Rd. 0 r i - Ap D1aws, CA 22M Total watering weekdays 101 at 6hr/day, at 48.50 per hour $2,910.00 Total watering Saturdays 3, at 6hr/day, at $61.10 per hour $10099.00 Total watering Sunday and Holidays 4, at 6hr/day, at $76.40 per hour $19833.00 Total Change Order #404: $51842.00 George L. Gonzalez President 004 -11..: •55.-7603450328 .SIERRA .LDSC PAGE '02/, 03 :. ierr NDSCAPErw(mill cam August 31, 2004 Mr. Leonard R. St. Sauver City of La Quinta — Public Works Dept. P.O. Box 1504 La Quinta, CA 92253 L%Wng Mdmm Numwy 015m P.O. sac 14"? 764M Do* PA Pin Dissit CA 920 -4MT PWWS. CA 9=01 Subject Change -Out Valve Actuators City of La Quinta Project No. 2002-09 Misc. PM 10 Soil Stabilization Improvements C Request Lor Change Order 003 The following extra work to be an add to the contract tots Remove and replace Superior 850-DI valve actuators and install Superior 800 valve actuators, remove copper tubing and cap the threaded 1 /8' connection coming off the valve body. Total Change Order #003: $2,100.00 George L. Gonzalez President .0100,�T' F. OF,9 Sheet 1 of 2 CONTRACT: Miscellaneous PM10 Soil Stabilization Improvements Washington Street and Miles Avenue Parkways Federal Aid Project CML # 6164 (009) PROJECT NO. 2002-09 CONTRACTOR: Sierra Landscape Co., Inc. P.O. Boat 14247 Palm Desert, CA 922554247 CONTRACT CHANGE ORDER NO.3 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 This Contract Change Order allows for an adjustment to the total contract amount due to quantity changes due to plan revisions and differences between Bid Item Quantities and Actual Quantities Installed. A summary of the Quantity Adjustments is attached. Amount-8146.80 Total AmountS -8146.80 Previous Contract Amount Through Change Order No. 2 $ 438,223.60 Add This Change Order No. 3 $ 8,146.80 Revised Contract Total $ 430,076.80 By reason of this contract change order the time of completion is adjusted as follows: -0- days added to contract time. The revised contract completion date shall be: 09 /24 /04 Submitted By `i- 1-0 T Approved By: Date: �Vy We, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all 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 pgyment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted . By: Title: / ESQ,/er17- Contractor: -AP Lq-Ajf0 S '&- Zi e. Date: TAMDEPIIPROJECTS\2002 PRJCTS\2002-09 WASHMRESSSTAMCONSTRUCTIONTCO #3 QUANT ADJST.DOC ` CITY OF LA QMTA Mpss i Wmd*gion PM40 Sop PtNo.200 49 Find Gump ey Adon n wd Comparison Be" Bid Ama No. 1 Aaarat Ma�Naet Contractor Bid Itwn No. Unk Bid . Unit Prig Now TOW Lk* Prig F.�dwrdsd Prioo Cosi DMFarsrtos 1 Mowhzatim LS 1 $40 000.00 l $40,000.00 $40,000.00 00,000.00 $0.00 2 TrdFc Control LS I $4 .00 1 $4.500.00 $4.500.00 $4.5W.00 .00 3 Char and Gib LS I $12,000.00 1 $12,000.00 $12,000.00 $12,000.00 so..00 4 IFAAmimeft CY 1.132 $12.00 1.132 $13.584.00 $12.W $13.564.00 $0.00 Sboom CY 11098 $11.00 10,992 $120,912.001 $11.00 $122.078.001 41,168-00 8 Camtruet Cmrm Wa11 LF 73 $243.00 49 $12,005.W $245.00 $18.375.001 370.00 7 Furnish & huMU 3•-6• Sm Pebbly SF 9.523 $1.70 10.518 $17,8W.80 $1.70 $16,189.10 $1,891.50 8 • Baum= S' EA 26 $340.00 32 SIO.SW.00 .00 $6,840.02 M.W 9 •DerwtSdar BoWdws 3' EA 34 $130.00 36 $4,8M.00 $130.00 $4.420.00 SM.00 10 *nowt sdoa• Boulders 7 EA 25 $70.00 8 .00 $70.00 $1,980.00 41,4W.00 11 OCAfomW Golf Stabilised 2'7bick SF 74150 $0.75 71074 $53.305.50 $0.75 $55.812.50 42,307.00 12 2• no SF 28.000 $0.90 25.485 $20.308.00 $0.80 $22.4W.00 012.00 13 ea for neW Cootrd SF 20 $0.06 22,445 1 346.70 $0.05 $1.230.00 $116.70 14 CompW brimfim S LS 1 S52.600.00 1 $52.6W.00 $52.6W.00 S52.6W.00 $0.00 15 7 Bmwn Ttmt Maim Fm Pahaa EA 18 $245.001 30 $7.350.00 $245.00 $4.410.00 $2,940,W 18 1 1l' Brwm Trmk M=im Fan Pahm EA 16 $390.00 26 $10,140.00 $390.00 $6,240.W $3,900.W 17 24• Fm hhm EA 1 4 $290.00 0 $0.00 $280.00 $1.120.00 41,120.00 18 24• Juwmda EA 7 $260.00 7 $1,820.00 $250.00 $1.820.Wl som 19 24• CWWwnia Pemm EA 19 $240.00 12 $2,800.00 $240.00 $4,560.00 1680.00 20 12,V MsmAc EA 31 $240.00 27 SGAW.001 $240.00 $7.4Q.00 .00 21 15 Gel YoNow OlowWw EA 10 $30.00 8 SM.00 .00 $8W.W 4160.W 22 S Gol Barbados Pride EA 76 $18.00 59 $1,062.00 $18.00 $1,388.00 4306.00 23 S Gal Gem Cloud EA 99 $16.00 76 1 216.00 $16.00 $1,584.00 .00 24 S Gel nowt Caraia EA 44 $19.00 41 $738.00 $18.00 $792.00 .00 23 6 Cane t)adWo EA 45 s5s.00 44 $2,420.00 $W.00 $2.475.00 .00 28 10• Gold® Bawd EA 34 $80.00. 39 $3,120.00 $W.00 $2,720.W $400.00 27 S Gal laEtft EA 124 $19.00 94 $1.786.00 $19.1W $2.358.Wl 70.00 28 S EA 91 $17.00 54 $918.00 $17.00 $1.547.001 .00 29 5 Gel Red Yuom EA 72 $12.00 73 $1,314.W $18.W $1,295.00 $18.00 30 I CW New Gold Lrotaoa EA 234 $6.00 136 $816.00 $6.00 $1,404.00 .00 31 1 1 EA 163 $6.00 151 $M.W $8.00 $978.00 472.W 32 S W Da@W Soom EA 32 $19.00 39 $741.W $19.00 sm.wl $133.00 S Gal Dow Grm EA 25 $19.00 34 .00 $19.00 $475.00 $171.00 34 90 PoatA4aiotenaooe LS 1 $l 00.001. 1 $1.200.00 $1.200.00 S1.200M $0.00 TOTAL 10i3480$418.nl.0 148.80 CCOi1 Wsa LS 1 S11 .00 1 11 300.00 $11,300.00 11 300.00 $0.00 Valera C WoW ModMlcsdmw LS 1 $7 942.00 1 $7.942.W $7.942BOO $7,942.00 .00 C0003 OumntNv Adkobimt Changy Ordw LS 1 -9146.80 1 $0.00 148.80 148. $B,W.80 lxOti4Ewhi CoffyMm Mown* Bonus IS 1 $10 000.00 1 $10,000.00 10 000.00 10 000.00 $0.00 Total $440,076.001 1 $40,07LOO 00 �p000, a� O`S' p� • OF 't'9 CONTRACT: CONTRACTOR: Sheet 1 of 1 Miscellaneous PM10 Soil Stabilization Improvements Washington Street and Miles Avenue Parkways Federal Aid Project CML # 6164 (009) PROJECT NO. 2002-09 Sierra Landscape Co., Inc. P.O. Box 14247 Palm Desert, CA 92255-4247 CONTRACT CHANGE ORDER NO.4 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 This Contract Change Order allows for the award of an Early Completion Incentive Bonus as per Project Specifications Section 1500-4a. The project consisted of a Contract Completion Period of 90 consecutive calendar days. The project began on June 22,2004 with a completion date of September 19,2004. Contract Change Orders No.1 and No.2 extended the contract a total of 5 calendar days or until September 24, 2004. The project was deemed complete as of August 28, 2004. The project was completed in 68 consecutive calendar days resulting in completion 27 calendar days or 21 working days ahead of schedule with an award of $500.00 per working day. Therefore an award shall be made for the maximum allowable amount of 20 working days or $ 10,000.00 Amount 10,000 Previous Contract Amount Through Change Order No. 3 $ 430,076.80 Add This Change Order No. 4 $ 10,000.00 Revised Contract Total $440,076.80 By reason of this contract change order the time of completion is adjusted as follows: -0- days added to contract time. The revised contract completion date shall be: 09 /24 /04 Submitted By Approved By: V y Date: / 0— (o — We, the undersigned Contractor, have given careful consideration to the changeproposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work and hereby accept as full pay t the aSoAat shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: v- Contractor: Date: �� '° �. Date: 9 y TAMDEMPROIECTS\2002 PRICTS\2002-09 WASHMMLESSSTAMONSTRUCTIONTCO #4 BONUS.DOC PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. 0. Box 1504 78-495 Calle Tampico . La Quinta, CA 92253 SPA NOTICE OF COMPLETION Washington Street/Miles Avenue Parkway Soil Stabilization Improvements Project No. 2002-09 DOC # 2004-079003S 10/05/2004 08:00A Fee:NC Page 1 of 2 Recorded in Official Records County of Riverside Gary L. Orso 1111111111111111111111111111111111111111111111111111111 Assessor, County Clerk & Recorder A R L Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($ 3.00 Additional Recording Fee Applies) C:\MYDATA\WPDOCS\FORMS\Recorder.wpd KW] ^EASf COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. O. Box 1504 La Quinta, CA 92253 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 22"d day of September, 2004, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: WASHINGTON STREET/MILES AVENUE PARKWAY SOIL STABILIZATION IMPROVEMENTS, PROJECT NO. 2002-09 6. The name of the contractor for said work of improvement was: SIERRA LANDSCAPE CO., 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: INSTALLING PARKWAY VEGETATIVE STABILIZATION (LANDSCAPING & IRRIGATION); ADJUSTMENT OF MANHOLES; REPLACEMENT OF IRRIGATION VALVE ACTUATOR W/ SOLAR CONTROLLER DATED: September 23, 2004 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ► CITY OF LA QUINTA, CALIFORNIA BY (-Ilr� -�-ey Alx� TITLE: City Clerk 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 foregoing is true and correct. Executed at La Quinta, California on September 23, 2004 NE S. GREEK, C, City Clerk City of La Quinta, California