Skoch Enterprise/Rehab 54-120 Carranza 10CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and SKOCH ENTERPRISE, herein referred to as,
"Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services for Landscape and Irrigation at 54-120 Avenida Carranza, in the City of La Quinta,
California pursuant to the attached proposal listed as Exhibit A.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal
Code, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Director of Building and
Safety.
4. Contractor shall commence work after the issuance of a written Notice to Proceed
and agrees to have all work completed within 30 days from the date of Notification to
Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by the Director of Building and Safety at lump sums and/or unit prices stated in
the Contractor's Bid, the base consideration of Six Thousand Nine Hundred Ninety Five
Dollars ($6,995.00). All payments shall be subject to approval by the Director of Building
and Safety.
6. Prevailing Wage is not required for this project.
7. Contractor shall defend, indemnify and hold harmless the City, its officers,
employees, representatives and agents ("Indemnified Parties"), from and against those
actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal
costs and attorneys' fees, for injury to or death of person(s), for damage to property
(including property owned by City) and for errors and omissions committed by Contractor,
its officers, employees and agents, which arise out of Contractor's negligent performance
under this Agreement, except to the extent of such loss as may be caused by City's own
negligence or that of its officers or employees. In the event the Indemnified Parties are
made a party to any action, lawsuit, or other adversarial proceeding in any way involving
such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's
option, reimburse the Indemnified Parties their costs of defense, including reasonable
attorney's fees, incurred in defense of such claim. In addition, Contractor shall be
obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties.
Contract 1300-1
8. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the City satisfactory evidence of insurance of the kinds and in
the amounts as follows:
Commercial General Liability Policy
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs
must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits shall be no less than One
Million Dollars ($1,000,000) per occurrence for all covered losses and no less than
Two Million Dollars ($2,000,000) general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, Collapse or Underground Hazard(X CU)•
b. Products and Completed Operations.
C. Pollution liability.
d. Contractual liability.
Coverage shall be applicable to City for injury to employees of: contractors,
subcontractors or others involved in the project. Policy shall be endorsed to provide
a separate limit applicable to this project.
Workers' Compensation Insurance
Workers' Compensation on a state -approved policy form providing statutory
benefits as required by law with employer's liability limits no less than $1,000,000
per accident for all covered losses.
Business Auto Policy
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than
$1,000,000 per accident, combined single limit. If Contractor owns no vehicles,
this requirement may be satisfied by a non -owned auto endorsement to the general
liability policy described above.
Excess or Umbrella Liability Insurance
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the
underlying coverage. Any such coverage provided under an umbrella liability policy
shall include a drop down provisions providing primary coverage above a maximum
$25,000 self -insured retention for liability not covered by primary but covered by
Contract 1300-2
the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense
costs payable in addition to policy limits. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage
shall be applicable to City for injury to employees of Contractor, subcontractors or
others involved in the Work. The scope of coverage provided is subject to approval
of City following receipt of proof of insurance as required herein. Limits are subject
to review but in no event less than $1 ,000,000 per occurrence and aggregate.
This insurance shall be kept in full force and effect by Contractor during this entire contract
and all premiums thereon shall be promptly paid by it. Each policy shall further state that it
cannot be canceled without 30 days unconditional written notice to the City and shall
name the City as an additional insured. Failure to maintain the required amounts and types
of coverage throughout the duration of this Contract shall constitute a material breach of
this Contract.
9. In accepting this Contract, Contractor certifies that in the conduct of its business it
does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees
that a finding by the State Fair Employment Practices Commission that Contractor has
engaged during the term of this Contract in any unlawful employment practice shall be
deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated
damages for each such breach committed under this contract.
10. This Contract shall not be assignable by Contractor without the written consent of
City.
11. Contractor shall notify the Director of Building and Safety forthwith when the
Contract is deemed completed.
12. In accepting this Contract, Contractor certifies that no member or officer of the firm
or corporation is an officer or employee of the City except to the extent permitted by law.
13. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
14. The City, or its authorized auditors or representatives, shall have access to and the
right to audit and reproduce any of the Contractor records to the extent the City deems
necessary to insure it is receiving all money to which it is entitled under the contract and/or
is paying only the amounts to which Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
15. The Contractor shall maintain and preserve all such records for a period of at least
three years after termination of the contract.
16. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the
Contract 1300-3
City for all reasonable and extra costs incurred in conducting the audit at a location other
than at City offices including, but not limited to, such additional lout of the City) expenses
for personnel, salaries, private auditors, travel, lodging, meals and overhead.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
Dated:
"CITY"
CITY OF LA QUINTA
a California municipal corporation
gy�
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Thomas P. Genovese, City Manager
APPROVED AS TO FORM:
Aorn
G ! Dated: 3 0 6
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(If corpoi
Dated:
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Title:
Contract 13004
Apr 22 10 04:13p Skoch Enterprise 7602002845 p.2
EXHIBIT A
Pif
TERPKISE
Landscape, Irrigation and Design
P.O. BOX 5191
La Quinta, CA 92248
Phone I Fax: (760) 200-2845
PROPOSAL
TO; THE CITY OF LA QUINTA
ATT: KIRK KIKLAND
FOR: LANDSCAPE AND IRRIGATION
RE; 54-120 CARRANZA
TO INCLUDE; 1-24" BOX SHADE TREE
I-15G VERTICAL TREE
9-DOLLYSIZE BOULDERS
2-5G VINES
28-5G SHRUBS
14-1G SHRUBS
4-TN DG
8-TN ROCK
IRRIGATION
90 DAY MANT.
CLEAN UP
1-6'X4' CEMENT PAD FOR TRASH
14'X8' CEMENT WALKWAY
80' IX4 HEADER(TREX)
ROCK FOR BACK YARD 8-TN 3/"
2-LOAD CLEAN FILL FRONT YARD
TOTAL BID;
4-13-10
THANK YOU
$ 250.00
$ 100.00
$ 675.00
$ 100.00
$ 700.00
$ 140.00
$ 400.00
$ 1,000.00
$ 1,100.00
$ 240.00
$ 200.00
$ 150.00
$ 200.00
$ 240.00
$ 1,000.00
$ 500.00
$ 6,995.00
May 03 10 11:13a
Skoch Enterprise
7602002845
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04/28/2010 09:50 7603604817
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ACORD. CERTIFICATE OF LIABILITY INSURANCE
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written contract
City of La Quints
P O Box 1504
La Quanta, CA 92253
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NO OBIIOATWN OM U4,wUTY OF ANY MHO UPON TIC M MM rtE A0EMI8 OR
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U4/2tl/2tl1F9 0/:35 7603604817 DESERT EMPIRE INS F'A(it 02/03
POLICY NUMBER: RXM00008,_. 0100 CA COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name Of AddhJonal Insured Person(s) I Location(s) Of Covered operations I
f Or Ornanlzation(s):
Blanket as required by written contract and effective
during the policy period as stated on the policy
declarations.
Information required to complete this Schedule, if not show,
A. Section II — Who Is An Insured Is amended to in -
dude as an additional insured the person(s) or organi-
zation(s) shown in the Schedule, but only with respect
to liability for 'bodily injury', "properly damage" or
'personal and advertising injury" caused, in whole or in
part, by:
1. Your arts or omissions; or
2. The acts or omissions of those acting on your
behalf,
in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated
above.
Blanket as required by written contract.
Primary Insurance applies: It is agreed that such
insurance as is afforded by this policy for the benefit of
the additional Insured shown shall be primary
insurance, and any other insurance maintained by the
additional insured(s) shall be excess and
noncontributory as respects any claim, loss or liability
allegedly arising out of the operations of the named
insured, provided however that this insurance will not
apply to any claim loss or liability which is determined
to be solely the result of the additional insureds
negligence or solely the additional insured's
responsibility.
be shown in the
B. With respect to the insurance afforded to these addi-
tional insureds, the following additional exclusions BP -
ply:
This insurance does not apply to 'bodily injury' or
•property damage" occurring after.
1. All work. including materials. parts or equipment
furnished in connection with such work, on the Pro-
ject (other than service, maintenance or repairs) to
be performed by or on behalf of the additional in-
sureds) at the location of the covered operations
has been completed; or
2. That portion of 'your work" out of which the injury
or damage arises has been put to its intended use
by any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as a part of the same pro-
ject.
CG 2010 07 04 (Blkt) a ISO Properties, Inc., 2004 Page 1 of 1
u,.au Ibb3b0401/ UtbtK1 LW1K2_- INb Fr our uo
POLICY NUMBER: RXM0000. 3 0100 CA COMMERCIAL GENERAL LIABILITY
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
of Person or
The issuance of this form to a Perron or Organization is sub)ed to oomp" guidelines and approval.
Primary Insurance Applies
K is agreed that such insurance is as afforded by this policy for the benefit of the additional insured shown shall be
primary Insurance, and any other insurance maintained by the additional insured(e) shell be excess and
noncontributory, but only as respects any claim, loss or liability arising out of tha named Insured(s) �1 or the
moors, and only if such claim, loss or liability is determined to be solely the negilgenoe
or named insured.
If no entry appears above,
cable to this endorsement.
in
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Sched-
ule, but only with fesped to liability arising out of your ongoing operations performed for that insured.
CG 20 10 10 93 (Primary) Copyright. Insurance Services Office, Inc.. 1992 Page 1 of 1