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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 ******************************************************************************************* 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 kkkkk#kkk**ikkkki*k*kk*k**!**k#****k**kk#*#**ikkkkkk**iii*#*kkkk*********k*k***kk******Ak* 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 kkkkiikkkikkk**kkk#k*kkk********#*#*****k*Aikkikkkk*kkkikkk*#*****************kkkk*kk*t*** ' Contract Amount S SSL 159.60 Add This lea a Order.No. 1 S 80,057.00 Revised Contract Total S 661,216.60 $Y realm of this contract ohangc order the time of completion iS adjusted a Pollows: 31- Wod~g days added b convect time. 1Le raWed wnkar2ttwSphtlsn date eha8 W: tIN5/08 ' ik*k*kR*****kkkkkkkk*kkkkkkkkkkkkkkkkk*k*kkkkk*kk****k****k****kkkk****kkkkkkk** Submitted BY: ~ T bate: 9 '~'/ O~ Approved B9c _ bate: ~//~/ d~ - **************************k**k***kkk**k*ikk**kk***kkkkkk*kk*k***k*kkk*kkkkkkkkk**kkkkk*k** We, the anderatgrredCanlraator, haPegtyen car'Jkl eaneidernriM lafhecfteagepraposadendberrby ggne, ij tbis proposal is appreyeed tbot we will provtda aUegedpment,IurnirhaU materials, perfasm all fabar, emept as m~ be noted above, and perfam aUservices necesaatyto eoatplate the abase spedJled work and here~~pt as jaLpayment^ amowa shown above, whmh incfades aU sliraet and iMireet overhead espensss faraay delrpu. Accepted 9/Q .. T.1aIK.[fBntDeG6a[{ryfraD1VIBI0nrt.Rr~Pa016C7aV_Wt797a1IC71CQ1100F0V*Va.51 ~ibDLfN1SL1nDLelII1SCAYm01CeWVVT6N76~CgN911NC[IDNPeaaa2iS PAYNmIta t 0.^a91*mPpl~'I9(.V a ~m,~w 6/af PI.DOC T ~. i~a~ o`` OF Ttlf' <'~~ V Y Sheet 1 of 2 CONTRACT: Avenue 54 Median Landscape Improvements CONTRACTOR: Sierra Landscape Company, Inc. 73-771 Dinah Shore Drive, Suite 200 Palm Desert, Ca. 92211 PROJECT N0.2006-09 CONTRACT CHANGE ORDER N0.2 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, genera] conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows an adjustment of quantities between the Bid Quantities and the Actual Quantities Installed. Amount 3$ ,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 ~zl o ~b 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