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Simon Co/LQ Community Park 02SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and James E. Simon 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. 2000-11, La Quinta Community Park Improvements, in the City of La Quinta, California pursuant to the Invitation to Bid, dated July 2002, the project Specifications, and Contractor's Bid, dated July 29, 2002, 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 frames for construction work shall be in accordance with those specified in the Contractor's 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. 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 ONE HUNDRED EIGHTY (180) 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 of Three Million Five Hundred Seventy Thousand, Three Hundred Sixty Dollars and FIFTY-FIVE CENTS, ($3,570,360.55). 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 refer 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). Project2000-11 Agreement 1300-1 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 furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 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, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. 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 $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 approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other 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 Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City 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. Project 2000-11 Agreement 1300-2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JL reek, City Clerk APPROVED AS TO FORM: city ttorn y Dated: 8/ 2 6/ 0 2 Dated: "CITY" CITY OF LA QUINTA, a( By Dated: g - -4 - (5 --)— Dated• a�- i "CONTRACTOR" -/i? By: 2n r-- Name: JAMES E. SIMON CO. Title: VICE PRESIDENT By: R1 Title: "CONTRACTOR" (If corporation, affix seal) Project 2000-11 Agreement 1300-3 Bond No. 929089382 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS! THAT the City of La Quinta, a municipal corporation, hereinafter designated as the "City", has, on August 6, 2002, nw;trded to Junes L, Simon Co., hereinafter designated as the "Principal", a contract for the La Quinta Community Park Improvements, Project 2000-11, and WHEREAS, said Principal is required wuler the terms of said Contract to furnish a bond for the f.•lithful performance of said Contract: American Casualty Company NOW, THEREFORE, we, the Principal, and of Reading, Pennslyvania , as Surety, are held and firmly bound unto the City in the just and full amount of Three Million, Five Hundred Seventy Thousand, Three Hundred Sixty Dollars and Fifty Five Cents ($3,.'570,360.5,'5) 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 THIS 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 faitlifially perform the cov=1111s, conditions, and agrecmonls in the mid 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 snail 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 uknowledged that the Contract. provides for one-year guarantee period, during which time this bond remains in full force and effort. Arid the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to 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 on this bond, and it does hereby waive notice of any such change, extension of time, alteration; or additions to Elio terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2919 and 2845 of the Civil Code of the State of California. Project 20M.11)Wihful Petibrmance Rand 3300-4 IN Wt'INESS WHEREOF, 11ic Principal and Surety have cu cuted this instniment under their seals this 20 th day of August . 20Q2---, the name and corporate seal of well corporate party being hereto arrmcd and these presents duly signed by its undersigned represcnWivc, pursuant to authority Or its governing body. James E. Simon Co. Principal (Seal) Signature for Principal JON M. ROESSLER VICE PRESIDENT Title of Sifinatory American Casualty Company of Reading, Pennslyvania Surety (Seal) Signature for Surety Maura P. Kelly, Attorney —in —Fact Title of Signatory 21650 Oxnard Street, Suite 600-4, Woodland Hills, CA Address of Surety 91367 (714) 255-2200 Telephone Number of Surety John Littler Contact Person For Surety Project zuoua t ValthlW Performance Don] 13oo-5 Bond No. 929089382 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY T11ESE PRESENTS: 7'11XI' the City of La Quinta, a municipal corporation, hereinafter designated as the "City", leas, on Augaist G, 2002, awarded to James E. Simon Co., hereinaltcr designated as the "Principal", a Contract for (lie La Quinta Community Park Improvements, Project 2000-11, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the porfonnance 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 set forth: American Casualty Company NOW, THEREFORE, we:, the Principal, and of Reading, Pennslyvania , as Surety, are held and firmly bound unto the City in the just and full amount of Three Million, Five Hundred Seventy Thousand, Three Hundred Sixty ]Dollars and Fifty Five Cents (S3,570,360.55) 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 THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, cxeotators, administrators, sttc omsors, or assigns, shall Gail 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 llnernploymcnt Insurance 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 :trnount riot exceeding the amount liminabovc set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as sicall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Seetion 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 terms of the Contract or to the work to be perfonned thereunder or the spccifcat ions 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 tenas of (ho conlrnct 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. ProjecL2000-It Payment uona 1300.6 IN WITNESS WHEREOF, the Prinoipal and Surely havo executed tills instrument under their sails this 20th dayor August , 20 02 )the name and corporate seal of each corporate party bebig hot -eta afMcd and these prescn(s duly signed by its undersigned represcnlative, pursuant to authority of its governing body. James E. Simon Co. Principal (Sont) � C'�'q Signature for Principal _ JON M . ROESSLER VICE PRESIDENT Title of Signatory American Casualty Company of Reading, Pennslyvania Surety Signature for Surety Maura P. Kelly, Attorney —in —Fact Title of Signatory 21650 Oxnard Street, Suite 600-4, Woodland Hills, CA Address of Surety 91.367 (714) 255-2200 Telephone Number of Surety John Littler Contact Person For Surety p,oj.Mt2000 it poyment nand 1300.7 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Harry A. Koch, Jr., Douglas G. Durbin, Harry D. Koch, Peggy Sapienza, David G. Jesse, David A. Dominiani, Maury J. of Omaha, Nebraska their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature — In Unlimited Amounts — and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 18th day of July, 2002. cnsw�l u1SUR4 o<� ,�t•' �L^F �� Continental Casualty Company aaAPORArr 0 a tltt WW National Fire Insurance Company of Hartford Sto American Casualty Company of Reading, Pennsylvania z A JULY 31, ou SEAL < ds < 1902 T 1897 F1A ` Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 18th day of July, 2002, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL' DIANE FAULKNER Notary Public, 5tote of Illinois My Commission Expires 9/17/05 + i. My Commission Expires September 17, 2005 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the r�� reverse hereof is sti I in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this �fir -=— day of ,-J1, 11 �S 1 a r,AS 1l4SUR��F Moe Continental Casualty Company ? �, r National Fire Insurance Company of Hartford o°RP - A' �o a American Casualty Company of Reading, Pennsylvania JULY 11, � ^ �J SEAL 1897 NA Mary A. Ribikawskis Assistant Secretary (Rev. 10/11 /01) NEBRASKA STATUTORY RIDER The State of Nebraska Code, Section 44-4040 requires the name of the soliciting agent and the name and address of the agency to be shown on each bond issued by a Nebraska Agent or for any bond issued to a Principal or Insured residing in Nebraska. This rider is to comply with the statutory requirements of the State of Nebraska. Name of Soliciting Agent: Douglas G. Durbin Name of Insurance Agency represented by the Soliciting Agent: The Harry A. Koch Co. Address of Agency: 11949 Q St Omaha Nebraska 68137 A copy of this rider should be attached to the original and all copies of any bond issued. SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In 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 JON M. ROESSLER VICE PRESIDENT Title 8/26/02 Date Liability & Insurance Requirements 1300-8 A CORD.. PRODUCER [INSURED THE HARRY A. KOCH CO. PO BOX 45279 OMAHA NE 68145-0279 James E. Simon Co. P.O. Box 10990 Indio CA 92202 COMPANY A ST PAUL FIRE & MARINE COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE DATE (MM/DD/YY) DATE (MMIDD/YY) A GENERAL LIABILITY KK06300824 3I01 /02 3/01 /03 GENERAL AGGREGATE $ 200000C X COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $ 100000C CLAIMS MADE EK OCCUR OWNER'S & CONTRACTOR'S PROT A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS KK06300824 1 3/01 /02 PERSONAL& ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 100000 MED EXP (Any one person) $ 3/01 /03 COMBINED SINGLE LIMIT $ 1000000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL WVK6300952 3/01 /02 3/01 /03 EACH OCCURRENCE $ AGGREGATE $ WC ST X TORY LIMATuT OERITS ER S A EL EACH ACCIDENT $ 1000000 EL DISEASE - POLICY LIMIT $ 1000000 EL DISEASE - EA EMPLOYEE S 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE Project No. 2000-11, LaQuinta Community Park Improvements Addl Insureds -Primary Basis (GL): The City of LaQuinta, city employees and officers, the city engineer, its consultants, elected officials, agents and sub -consultants CITY OF LAQUINTA ATTN: THOMAS GENOVESE P.O. BOX 1504 LAQUINTA, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _ 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY (KIND UPON ;kHE COMP4N\ ITS AGENTS OR REPRESENTATIVES. SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 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 properly, or of personal injury received by reason of or in 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 INSURANCE REQUIREMENTS 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 REQUIREMENTS, 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 until 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 General Liability Policy 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 than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: Liability & Insurance Requirements 1300-9 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 under 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' Compensation 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 though 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 Quinta P.O. Box 1504 La Quinta, CA 92253 2.6 Change in Terms The Contractor shall provide 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 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. Liability & Insurance Requirements 1300-10 (I'-- ..r Lam ow �o • I;���/;� U ~Y OF T19 CONTRACT: CONTRACTOR: La Quinta Community Park Improvements James E. Simon Co. 35905 Dillon Road Indio, Ca. 92202 Sheet 1 of 3 PROJECT NO.2000-11 CONTRACT CHANGE ORDER NO. 1 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 removal of additional Tamarisk Trees that are in conflict with the proposed masonry wall footing. Amount: $ 8,880.00 Previous Contract Amount Through Change Order No. 0 $ 3,570,360.55 Add This Change Order No. 1 $ 8,888.00 Revised Contract Total $ 3,579,248.55 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: 3/17/03 Submitted By: Of-,2 Jd)1q� 1 Approved By:. 01 1(01oZ /7-o2-- We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all et/uipmew, 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:. V / C . RCS t +Dp,. C `k Contractor: J Awtes E. S 1 r✓l one C'n Date: 1 b— I S— O Z. TAPW )MWROIECTSM00 Ncts\2000-11 La Quint& PukWonsACCO #l.wpd OqT-09-2002 1 1 :53 AM (�rLP� . 02 G Vrr. vv rUkJ6 141V V, IU rFitV Mx Kul P, JAMES E. SIMON CO. General Contractors • 35905 DILLON POAD • BOX 10090 • INDIO, CALIPORNIA 82202 • 760/347.6309 • PAX 760 47.6572 CHANGE ORDER REQUEST We hereby submit an estimate for, I of remaining Tamarisk trees _ SUBCONTRACTOR PRICE W000.00 F'ROt;IT180ND (10wito)--;988;7�8 , ��. CS - ADDITIONAL, CONTRACT BAYS FOR DELAY / WORK: 6 DAYS A130I7IONAL CHARGE FOR ABOVE WONK M. i payment will be made as lallews: y~ Per cot>tr at agreamenl. - Abovs odr0onel work to be dono under same candklena a6 speellied In visinal wn!reat unless otherwise stipulated. hale: OWnersAuthorizlno 6WmIlure We Nr. rrtjy who le lum h tabor and maWas • comnloo Ift bxwdanee vA the spe~ons, at the above staked RriCo Authorized Signalwe (• f . G7'rt / ( .� OEM; ��1 - .� 'C: �•. THIS IS CHANGE ORDER NO. 'I MIFOANIA UC. N0. 621796 OCT-9-2002 WED 10:40 TEL: NAME: P. 2 OCT-09-2002 11:54 AM P.03 ,*w.l'•-'U3-2UU2 '1'HU U2: i8 em hAX Nu. K U6 "PROPOSAL" REVISED EMEAYLAND CLEANNG P-0. 19OX 1009 TNF,RM.44 CA 92274.1009 7(0,1391-,5N40 FAX; 76091-5839 11C lt600283 OCTf' RFR 2, 2002 iAMI'sS E, SIMON COMPANY P'0' HOX 10990 INDIO, CA 92202 AT'i'N; MR. JON RORSSITA SMU.- LA 0.1)INTA PARK LEX"CRA TRFIE REMOVAL LMUKY LAND CLEAfUNG PROPOSES 11) RE -MOVE AND DISPOSE OF REMAINING TAMARISK TRFT-Al I.CK':ATF.I) ON THE F AST R1 DP OF PROPERTY LINE, WORK TO RR, PERFORMED AS SPECIFIL) HLU)w; 1. 1'D REMOVE TREES AND ROOT BALLS ALONG PROPERTY LINE. 2. ROOT SYSTEM LOC:ATRD AT EAST SIDE OF TREES RUN INTO HOMROWNERS LAWN, FNI KRY TO Ap I P.As r ABRASIVE TO HOMEOWNERS LAWN, 3. S4 PRINK I.PR DAMACI? MAY OCCUR UUE TO ROOT SYS118M. 4. CLUMP OF "I'RGI:S BY BIRD CACIE TO REMAIN INTACT. N0TPN': 1. OWNER TO SUPPLY ALL PLRMI'I'S AND 1NSPL1CI10N 2. 0WN8kT0 SUPPLY WATER PDX DUST CONTROI,. 3. THIS IS A PREVAILING WAGE JAB WITH THE CITY OF LA OUINTA. A. PREVIOUS 131D70OWNER WAS DID NONE PREVAILINGWAGE. S. IT ANY DEBS OR WASPS LOCATED, OWNER TO HAVE PRf)FIR.SRIONALLY REMCIVND, G. EMERY LAND CLEAMWI NOT TO BE IIELD RESPONSIBLE FOR DAMAOIS TO LAWN, LANDWAPING OR SPRINKLER SYSTEM. OWNEM, TO HAVF; 11PPAIRSD RY OTHERS (IF RROVIRED). 7, LMPAY LANUCLLARINO TO SURMIT INSUKANC...L: C.CRTINCAT>ES, IF APPARMT LOW BIDDER. 10fAL 1" ROPOSAI.: $8,000.00 UOL.LARS PAYMENT TO BE MADB AS INVOICED. ACCCPltD BY: I.Wi ftRY I ,AND C:LtAR1NG 1AMCS E. 91MON COMPANY rAl�t�-_>+ DATED,. DATRD- 1311) 00 01) FOK 30 UAY ..._.. nCT-9-2002 WED 10:40 TEL: NAME: P. 3 ! 7' Bond No. 929089382 Bond No. 929089382 ASSUMPTION OF LIABILITY CERTIFICATE RECEIVED MAR 112003 Obligee: City of La Quinta La Quinta, CA PUBLIC WORKS Principal: James E. Simon Company Indio, CA This certificate assumes liability on Bond Number 929089382 executed and previously filed by American Casualty Company of Reading, PA., hereinafter referred to as the Company, in favor of the captioned Obligee, effective March 3, 2003 This certifies that Western Surety Company , in consideration of the Agreements and covenants herein contained and other good and valuable consideration, assumes liability under the above described bond. BY ISSUANCE OF THIS CERTIFICATE IT IS AGREED: 1. That liability of Western Surety Company under said bond (a) shall be subject to all of the terms, conditions, limitations and warranties contained in the above described bond and any amendment thereto or agreement between the Obligee and the Company affecting the same; and (b) shall in no event be greater than would have been the liability of the Company had this certificate not been issued. 2. That all rights of the Company, which would have been available to the Company, by reason of its suretyship under the aforementioned bond, or otherwise, if this certificate had not been executed, shall inure to the benefit of and be fully enforceable by Western Surety Company . 3. That this certificate assumes liability under Western Surety Company Bond No. 929089382 for liability accrued under American Casualty Company of Reading, PA, Bond No. 929089382. Susie Gillam, Attorney -in -Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Regina M. Palomino, Susie Gillam, Kathy A. Lobner, Douglas E. Roback, Raymond W. Fleming, Brian C. Cook, Deanna L. Freeman, Individually of Overland Park, KS, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1st day of May, 2002. WESTERN SURETY COMPANY �t+�RET�iy a W.40 jl�i>� �tl% pAK� Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 1st day of May, 2002, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires October 22, 2005 J. MOHR f�S NOTARY PUBLIC S SOUTH DAKOTAO 1 My Commission Expires 10-22.2005 CERTIFICATE . Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of M A A ,6_30 1*F Ty WESTERN SURETY COMPANY Rome" % 0 s gqA%-OS AWWO _NE4 �lz� AX0 It 47 MTho L. Nelson, Assistaiiv Secretary Form F4280-01-02 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINT'A Attn: June Greet' P. 0. Box 1504 78-495 Calle Tampico La Quinta,,OA 92253 DOC # 2003-=744169 09/23/2003 08:00A Fee:NC Page 1 of 2 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder M S U PAGE SIZE DA PCOR NOCOR SMF MISC. �I A IAI R I L II I I COPY I LONG I REFUND I NCHG exAM SPACE Atav� Q run nLw-vnUM-aVbt NCi / NOTICE OF COMPLETION f LA QUINTA COMMUNITY PARK Project No. 2000-11 Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION PLEASE COMPLETE THIS INFORMATION ,REGORDING 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 51 day of August , 2003, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: La Quinta Community Park. Project No. 2000- 11. 6. The name of the contractor for said work of improvement was: JAMES E. SIMON 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: NE Corner of Westward Ho & Adams Various sizes of lighted soccer fields, two lighted baseball fields, concession stand, restrooms, tot lot playground, lighted basketball court, picnic area with barbecues & shade structures DATED: August 5, 2003 CITY OF LA QUINTA, CALIFORNIA BY: TITLE: City Clerk 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. 1- certify under penalty of perjury that the foregoing is true and correct. Executed at La Quints, California on August 6, 2003 �.r�Y�'`kPnS»...:•.�..�j.� ' h~ [ `ham ,� �.' J . GREEK,_ CMC, , Onlerk ��3-744159 City of La ,Qu 08t23r2 of 00R U 5 ti OF CONTRACT: LA QUINTA COMMUNITY PARK IMPROVEMENTS CONTRACTOR: James E. Simon Co. 35905 Dillon Road Indio, California 92202 Sheet 1 of PROJECT NO. 2000-11 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 terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Install Additional door closers and locks as revised by the architect. This amount shall include all necessary laborand material required to install the required appurtenances in accordance with the contract specifications and any applicable local building code or UBC. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $ 3,000.00 Previous Contract Amount through Change Order No. 1 $375791249 Add this Contract Change Order No. 2 $3 000 Revised Contract Amount $375821249 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. Submittei Approvec Date: ( )1 — O 4- Date: / O 41- We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this p Jposal 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 ove specified work, and hereby accept as full payment the amount shown above, which includes direct and indirect overhead expen,jreor any delays: Accepted By: Contractor: James E. Simon Co. Title: ae, 16� Date: 5;n T:\PWDEPT\PROJECTS\2000 PRJCTS\2000-11 LA QUINTA PARMCONTRACT CHANGE ORDERS\CCO 2.WPD �a��TQ. U INCO"OMM 4' - 7 OF TY�9 CONTRACT: CONTRACTOR: LA QUINTA COMMUNITY PARK IMPROVEMENTS James E. Simon Co. 35905 Dillon Road Indio, California 92202 Sheet 1 of 1 PROJECT NO. 2000-11 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: Furnish & install (130) LF of 6" DIP Fire Line and (1 ea.) 6" "Wet Barrel" type Fire Hydrant Assembly in place complete. Lump sum price shall include all necessary labor, equipment and materials required to install the item. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $7,900.00 Previous Contract Amount through Change Order No. 2 $3 582 249 Add this Contract Change Order No. 3 $7 900 Revised Contract Amount $315901149 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. Submitted Approved By: Date: (o - t 1— 0 k' Date: 6/ D We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform necessary to complete the above specked work, and hereby accept as full payment the amount shown above, which includes Jtrece anu indirect overhead expenses for an delays. • Accepted By. Title: Contractor: James E. Simon Co. Date:. T:\PWDEPT\PROJECTS\2000 PRJCTS\2000-11 LA QUINTA PARMCONTRACT CHANGE ORDERS\CCO 3.WPD / T�• 0`� �o • INC t� OF T9 CONTRACT: CONTRACTOR: LA QUINTA COMMUNITY PARK IMPROVEMENTS James E. Simon Co. 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO.4 Sheet 1 of PROJECT NO. 2000-11 ****************************************************************************************** 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: Install 8" wide Mow curb under wrought iron fence (805 LF). This is a negotiated new unit price. Hand form and place under wrought iron fence. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $12,000.00 Previous Contract Amount through Change Order No. 3 $3,590,149 Add this Contract Change Order No. 4 $1200 Revised Contract Amount $302,149 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. ******************************************************************************************** Submitted Approved By: dk- Date: l < `y Dvte We, the undersigned Contractor, havegiven 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 payment the amount shown above, which includes direct and indirect overhead expenses for any delays. Accepted By: Title: • v Contractor: James E. Simon Co. Date: TAPWDEPT\PROJECTS\2000 Prjcts\2000-1 1 La Quinta Park\CCO 4.wpd CCO Prepared May 9, 2003 �U5 OF CONTRACT: CONTRACTOR: LA QUINTA COMMUNITY PARK IMPROVEMENTS James E. Simon Co. 35905 Dillon Road Indio, California 92202 Sheet 1 of 1 PROJECT NO. 2000-11 CONTRACT CHANGE ORDER NO. 5 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: Install (2) 2" conduit for GTE. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $6100 Previous Contract Amount through Change Order No. 4 $3 602 149 Add this Contract Change Order No. 5 $6 100 Revised Contract Amount l $3,608,249'' By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. Submitted Date &-- tl-0'�- Approved B 1 /X/le App Date: y oe- We, the undersigned Contractor, have given 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 specked work, and hereby accept as full payment the amount shown above, which includes direct and indirect overhead expenses f ny delays. Accepted By: Title: 4f . 5-- �oContractor:James E. SImOn CO. Date: T:\PWDEPT\PROJECTS\2000 PRJCTSX2000-11 LA QUINTA PARMCONTRACT CHANGE ORDERS\CCO 5.WPD o� �o • V rY w OF,9 CONTRACT: CONTRACTOR: LA QUINTA COMMUNITY PARK James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO. 6 Sheet of PROJECT NO. 2000-11 ****************************************************************************************** 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: Install trash enclosure, per waste management standard detail. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $4,000 Previous Contract Amount through Change Order No. 5 $3,608,249 Add this Contract Change Order No. 6 $400 Revised Contract Amount $396129249 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. Submitted Date: (— (l — O q N�Approved B Date: /// I'll"PP Y• ******************************************************************************************** We, the undersigned Contractor, have given 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 direct and indirect overhead expenses for any delays. Accepted By: /2- Contractor:James E. Simon Company Title:�.�� Date: T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\CCO 6.wpd CCO Prepared May 9, 2003 p0000 O� o 5: Ma OF 'f CONTRACT: CONTRACTOR: LA QUINTA COMMUNITY PARK James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO.7 Sheet of PROJECT NO. 2000-11 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�f the original Contract. DESCRIPTION OF CHANGE: Furnish & install in -place complete (10) additional fitness station pieces per the direction of Community Services Director. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $11,643 Previous Contract Amount through Change Order No. 6 $3,612,249 Add this Contract Change Order No. 7 $11 fi43 Revised Contract Amount $3,623,892 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. ******************************************************************************************** Submitted Date: L — k ( — 0 6v Approved By: Date: A/ rr 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 direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor:James E. Simon Company, Date: TAPWDEPTIPROJECTS\2000 Prjcts\2000-1 1 La Quinta Park\CCO 7.wpd CCO Prepared May 9, 2003 ra/1�--�— •c ono • U G ti5 OF 'f9 Sheet of CONTRACT: LA QUINTA COMMUNITY PARK PROJECT NO. 2000-11 CONTRACTOR: James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO.8 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: Additional handling associated with the unloading and installation of powder coated Musco light poles. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $930 Previous Contract Amount through Change Order No. 7 $3,623,892 Add this Contract Change Order No. 8 $930 Revised Contract Amount $3,624,822 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. Submitted Date: - t ( C) $ Approved By:. Date. /� D We, the undersigned Contractor, have given 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 direct and indirect overhead expenses for any delays. Accepted By: Contractor: James E. Simon Companv Title: 01 Date: TAPWDEPT\PROJECTS12000 Pric&2000-11 La oAnta ParMCCO 8.wpd CCO Prepared May 9, 2003 V C� OF CONTRACT: CONTRACTOR: LA QUINTA COMMUNITY PARK James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO.9 Sheet / of PROJECT NO. 2000-11 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: Miscellaneous concession/restroom modifications. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $6,131 Previous Contract Amount through Change Order No. 8 $3,624,822 Add this Contract Change Order No. 9 $6 131 Revised Contract Amount $3,630,953 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. Submitted Date: 6 — < < o T �Q V � 4- o r Approved By: Date: We, the undersigned Contractor, have given 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 maybe 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 direct and indirect overhead expenses for any delays. Accepted By:;f— /I Title: Contractor: James E. Simon Company Date: D T:\PWDEPT%PROJECTSt2000 Prjcts12000-11 LA Quirts FWMCCO 9.wpd CCO Prepared May 9, 2003 04 �o • V ti5 OF T9 CONTRACT: CONTRACTOR: LA QUINTA COMMUNITY PARK James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO. 10 Sheet of PROJECT NO. 2000-11 ****************************************************************************************** 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: Remove backstop boards at (2) locations TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $8800 Previous Contract Amount through Change Order No. 9 $3,630,953 Add this Contract Change Order No. 10 $8,800 Revised Contract Amount $3,63%753 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. Submitted Date: r Approved Ey. Date: ******************************************************************************************** We, the undersigned Contractor, have given 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 direct and indirect overhead expenses for any delays. r Accepted By: Contractor: James E. Simon Company Title: Date: T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La O.uinta Park\CCO 10.wpd CCO Prepared May 9, 2003 La���Q•c V �rY OF CONTRACT: CONTRACTOR: LA QUINTA COMMUNITY PARK James E. Simon Company 35905 Dillon Road Indio, California 92202 Sheet of PROJECT NO. 2000-11 CONTRACT CHANGE ORDER NO.11 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: Riverside County Health Department inspection and corrections to conform to Health Code. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $5,481 ********************************************************************************************* Previous Contract Amount through Change Order No. 10 $33,639,753 Add this Contract Change Order No. 11 $5,481 Revised Contract Amount $3,645,234 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. Submitted Date: % — ( l - -64 • /�XX Approved Ey. Date: We, the undersigned Contractor, have given 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 direct and indirect overhead expenses for any delays. Accepted By.";? Title:'7z Contractor: James E. Simon Company Date: TAPWDEP-RPR0JECTS12000 Pricts12000-11 La QUinta Park1CCO 11.wpd CCO Prepared May 9, 2003 V 4 Inca � n� oft CONTRACT: LA QUINTA COMMUNITY PARK CONTRACTOR: James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO. 12 Sheet of PROJECT NO. 2000-11 ****************************************************************************************** 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: 1. Install temporary fencing at pedestrian walkway: $29617 2. Leave temporary perimeter fence & gates in place: $175/month 3. Irrigation modifications: $19093 4. Larson landscape restoration: $59000 TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED:$9,235 Previous Contract Amount through Change Order No. 11 $3,645,234 Add this Contract Change Order No. 12 $%235 Revised Contract Amount $3,654,469 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. ****************************************************************************************** Submitted B:'tllll��--_ Date: U Approved By: ` - Date: 6 ******************************************************************************************** We, the undersigned Contractor, have given 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 direct and indirect overhead expenses for any delays. mom Contractor: James E. Simon Company, Date: TAPWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\CCO 12.wpd CCO Prepared May 9, 2003 � 5 01F CONTRACT: LA QUINTA COMMUNITY PARK CONTRACTOR: James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO. 13 Sheet I of II PROJECT NO. 2000-11 ****************************************************************************************** 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: Imperial Irrigation District conduits. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $33,241 ********************************************************************************************* Previous Contract Amount through Change Order No. 12 $3,654,469 Add this Contract Change Order No. 13 $33 241 Revised Contract Amount $31687,710 By reason of this change order the time of completion is adjusted as follows: -11- days added to contract time. Revised contract completion date: March 28, 2003 Submitted Date: b' I I o I (,L*-v v „ a Approved By:,. `�—� Date: ******************************************************************************************** We, the undersigned Contractor, havegiven 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 payment the amount shown above, which includes direct and indirect overhead expenses for any delays. Accepted By: Title: _ Contractor: James E. Simon Company Date: T:\PWDEPT\PROJECTS\2000 Pricts\2000-11 La Quinta Park\CCO 13.wpd CCO Prepared May 9, 2003 Off' �Q • H tom+® �c w5 OFF CONTRACT: LA QUINTA COMMUNITY PARK CONTRACTOR: James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO.14 Sheet ( of 6 PROJECT NO. 2000-11 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: Landscape maintenance - Add 9 months, to March 31, 2004 TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $75,992 ********************************************************************************************* Previous Contract Amount through Change Order No. 13 $3,687,710 Add this Contract Change Order No. 14 $75,992 Revised Contract Amount $3,763,702 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. ******************************************************************************************* Submitted BNV511kDate: 62= `— 0 '0 V 411 Approved By: Date: �� 4 ******************************************************************************************** We, the undersigned Contractor, have given 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 direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: James E. Simon Company Date: T-TWDEMPROJECTW000 Prjcts\2000-11 La Quinta Park\CCO 14.wpd CCO Prepared May 9, 2003 O� �p • 0010 U OF CONTRACT: LA QUINTA COMMUNITY PARK CONTRACTOR: James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO.15 Sheet of PROJECT NO. 2000-11 ****************************************************************************************** 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: Early completion,11 days for Imperial Irrigation District TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $5,500 ********************************************************************************************* Previous Contract Amount through Change Order No. 14 $3,763,702 Add this Contract Change Order No. 15 $5,500 Revised Contract Amount $397699202 By reason of this change order the time of completion is adjusted as follows:13 days added to contract time. The revised contract completion date is March 30, 2003. Submitted Date: Approved By: / t/!��""—�� / Date. ******************************************************************************************** We, the undersigned Contractor, have given 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 direct and indirect overhead expenses for any delays. r Accepted fly: Title: O Contractor: James E. Simon Company Date: TAPWDEFRPROJECTW000 Prjcts\2000-11 La Quinta Park\CCO 15.wpd CCO Prepared May 9, 2003