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Skoch Enterprise/Rehab 53-710 Rubio 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 53-710 Avenida Rubio, 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 Seven Thousand Three Hundred Fifteen Dollars ($7,315.00). 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. rune,.,, 1300-1 B, 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 (S1,O0O,OOO) per occurrence for all covered losses and no less than Two Million Dollars ($2,0OO,OOO) 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,OOO,0OO 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,OOO,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,OOO 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 (out 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:;�%� APPROVED AS TO FORM: "CITY" CITY OF LA QUINTA . a California municipal corporation Thomas P. Genovese, City Manager 1-2� /C - � �._ Dated:_ /4,- i l ,22 City Attorney U "COP (if corpor Dated: ghc'I to By: Title: <:j %A— -- Contract - 1300-4 ENTER:PAU,S5 Landscape, Irrigation and Design P.O. BOX 5191 La Quints, CA 92248 Phone f Fax: (760) 200-2846 PROPOSAL TO; THE CITY OF LA QUINTA ATT; KIRK KIKLAND FOR; LANDSCAPE AND IRRIGATION RE: 53-710 RUBIO TO INCLUDE; 1-24" BOX SHADE TREE S 250.00 1-15G VERTICAL TREE $ 100.00 9( DOLLYSIZE BOULDERS $ 675.00 `� 2-5G VINES $ 100.00 28-5G SHRUBS $ 700.00 14-1 G SHRUBS $ 140.00 4-TN DG $ 400.00 8-TN ROCK $ I,000.00 IRRIGATION $ 1,100.00 90 DAY MANT. $ 240.00 CLEAN UP $ 200.00 20' 1X4 HEADERBOARD(TREX) $ 60.00 IRRIGATION FOR SIDE YARD VINES $ 400.00 DEMO FRONT YARD $ 600.00 ROCK BACKYARD 8-TN '/<" $ 1,000.00 TRIM FICUS IN BACK $ 400.00 TOTAL BID; $ 7,315.00 4-13-10 THANK YOU Apr 30 10 12:27p Skoch Enterprise 7602002845 p.1 a S9. �1 E w S E Q E _ dl fl of �. � Q o � Q o_ goy _ o Ix de- F N fL dd QO ILJ WQ id t_ N 'N 3 94 F J 04/28/2010 09:50 7603604817 DESERT EMPIRE INS 28KOCENTI Cllenta: 166 ACORI X CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A PRODUCER ONLY AND CONFERS NO RIGHTS UI Desert Empire Insurance HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFpORDEC Services, Inc. LIC a OF09843 77.664 Country Club Drive INSURERS AFFORDING COVERAGE Palm Desert, CA 92211 OUR QBESpeclal INSURED Skoch Enterprise Inc. NSURER a Insurance Com any of t P O Sox 5191 INSURER C Prastorlan Insurance CO Ls QVinta, CA 92253 INSURERn. IAVE BEEN ISSUED TO INV CONTRACT OR OTI- THE POUCIE6 DESGRIE vC RFFN REDUCED BY POLICIES. A CLAIMS MADE I XI OCCUR C AUTOMOBILE lA00.RY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS ANY AUTO OCCUR UCLAIMS MADE DEDUCTIBLE RETENTION _ 1 B WORKERS cOMPENMMON AND ENPLOYERS• UABRMY ANY APFICPRRDMJ9BERM KOLA �E 11 yypF�A Nf9DIbA u17N SPa'IALPRONSIONS m OTHER 02/01/10 02/01/10 ALL I 6v A-F PAGE 01/01 DarnmwrvTn 12=01E aD NAIC 4 COMBINED LIMB s1 SODILY INJURY $ (p 'g W) BODILY INJURY g IPar Accwwt) PROPERTY DAMAGE s (PN MWWL) OTHER THAN AUTO ONLY. DESORIPDONOFOPERATLONBOPERATgw I LOCAT10Ns I VEMLES I EXCLUSIONS ADDED HT ERPUHZIQM—I CertIficate holders are are also named as additional Insured CG 2010 7/04 CG201010/93 where required by written contract HOLDER CANCELLATION 10 Days for Namra eoA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEPOBE THE EXPIRATION City of La Quints DATE THEREOF, THE ISSUING INSURER W"ENDEAVOR TOBAIL -'4n_ DATSWRITTEN NOTICE TO THE OERTIPIOATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHA P Q BOX 1504 LL La QUlnta, CA 92253 NPOSE ND OBLIGATION OR LIABILITY OF ANY ONO UPON THE INSURER, ITS AGENTS OR IIEPRESEHTATNE& c r v - 25 (2D01106)1 of 2 i1S1S23G71M1523G5 2JPIM 0 ACORD CORPORATION 19t u4t Zb/Lulu n/:dt) /b0.Jb0Qbi I DESERT EMPIRE INS PAGE 02/03 POLICY NUMBER: RXM00003,_. 01 00 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 Additional Insured Person(s) Location(s) Of Covered Operations Or Organlzation(s): Blanket es required by written contract and effective during the policy period as stated on the policy declarations. Information required to Complete this Schedule, if not shown A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts 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 insured's negligence or solely the additional insured's responsibility. be shown in the Declarations. S. With respect to the insurance afforded to these addi- tional insureds, the following additional exclusions ap- ply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment fumished 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- sured(s) 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) 0 ISO Properties, Inc., 2004 Page 11 of 1 u+, can colt o,. of /OV3OO401 ( VLbLKI LMI'1KL 1Nb F'AGL 03/03 POLICY NUMBER: RX1410000, 3 0100 CA -- COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The issuance of this form to a Person or Organization is subject to company guidelines and approval. Primary Insurance Applies It 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(s) shall be excess and noncontributory, but only as respects any claim, loss or liability arising out of the named insured(s) or its subcontractors, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the named insured. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect 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