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Pete & Sons/Downtown Lighting 05SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Pete & Sons Construction, Inc., herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. 2003-07A La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements CDBG Project no. 4.LQ027, in the City of La Quinta, California pursuant to the Invitation to Bid, dated November 18,2004 the project Specifications, dated November 18, 2004, and Contractor's Bid, dated December 16, 2004, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. The Federal Labor Standards Provisions of the U.S. Department of Housing and Urban Development (HUD-4010) is hereby incorporated into this Contract Agreement. Prior to being authorized to participate in the project, the contractor and all subcontractors shall be verified for eligibility through the General Services Administration's Excluded Parties Listing System Consolidated List of Debarreg Suspended, and Ineligible Contractors. All sub -tier construction contracts resulting from this Contract Agreement must incorporate the same Federal provisions and requirements as the original Contract Agreement. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 60 consecutive calendar days completion time period. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration One Hundred and Ninety Three Thousand, One Hundred and Fifteen Dollars and Zero Cents ($ 193,115.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. Agreement 1300-1 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, the County of Riverside, its Board of Supervisors, and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorneys 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). 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 and County of Riverside 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. A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. Agreement 1300-2 D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provisions of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 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. Agreement 1300-3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF LA QUINTA, a California municipal corporation Dated: 02 /-� O GS By:Im _Av, a f 4Doolp V ayor ATTEST: .*4' 74-r-le-elk, City Clerk VED AS TO FORM: A roey Dated: Dated: "CONTRACTOR" Name: t. r'j t t-% o v,_�►c�z� r Title:�re:�->Oewk— Name: �J�\ Title: "CONTRAOR" (If corporation, affix seal) Agreement 1300-4 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on, January 18, 2005, awarded to Pete & Sons Construction, Inc., hereinafter designated as the Principal, a Contract for Project No. 2003-07A La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements CDBG Project No. 4.LQ027, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of One Hundred and Ninety Three Thousand, One Hundred and Fifteen Dollars and Zero Cents ($ 193,115.00) 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 faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. r Faithful Performance Bond 1300-5 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 2005, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Address of Surety Phone # of Surety Contact Person For Surety Faithful Performance Bond 1300-6 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on January 18, 2005, awarded to Pete & Sons Construction, Inc., hereinafter designated as the Principal, a Contract for Project No. 2003-07A La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, CDBG Project No. 4.LQ027 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 performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of One Hundred and Ninety Three Thousand, One Hundred and Fifteen Dollars and Zero Cents ($ 193,115.00) 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, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment 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 amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorneys fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Payment Bond 1300-7 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 2005, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Address of Surety Phone # of Surety Contact Person For Surety Payment Bond 1300-8 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 Title Date Workers' Compensation Insurance 1300-9 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, employees, the County of V iverside and its Board of Supervisors, and each member thereof, and its officers, employees, commission members and representatives, from all damages, costs, or expenses in law or equity that may at any time arise to cause damages to property, or of personal injury received by reason of or 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 REOUIREMENTS. 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). Liability & Insurance Requirements 1300-10 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: 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. The County of Riverside, County of Riverside employees and officers, its consultants, elected officials, agents, and sub -consultants are hereby added as additional insured insofar as Work done under this Contract is concerned." C. "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." d. "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. e. "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 Liability & Insurance Requirements 1300-11 2.6 Hold Harmless Clause Contractor shall hold the City of La Quinta and the County of Riverside, their officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or Sub -contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, Owner, its officers, agents, employees and Independent Engineer in any legal action based on any such alleged acts or omissions. 2.7 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 1300-12 PINNACLE SURETY & INSURANCE SERVICES 151 Kalmus Dr., Suite A-201 • Costa Mesa, California 92626 " Phone: (714) 546-5100 • Fax: (714) 546-3707 Bond No. SU5007676 Executed in two originals Premium: $ 3,862.00 SECTION 1310 KNOW ALL MEN BY TI SE PRESENTS: PREMIUM IS FOR T ih UUN 1 KAUJ i Giciv! I1LrL 1J Jvtu a TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE THAT the City. of La Quinta, a municipal corporation, hereinafter designated the City, leas on, January 18, 2005, awarded to Pete & Sons Construction, Inc., hereinafter designated as the Principal, a Contract for Project No. 2003-07A La Quh ti► Downtown bighting program and Avenida Bemudas Sidewalk improvements CD13G Project No. 4.LQ027, and WBEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, Tl`i REF'ORE, we, the Principal, and Arch Insurance Company as S sty, are hold and firmly bound unto the City in the just and full amount of One Hundred and Ninety Three 'Thousand, Ove Hundred and Fifteen Aollars and Zero Cents (S I93,1115.00) lawful money of the United St , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executes, administrators, and successor's, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrrators. successors, or assigns, shall in all things stand to and abide by, and well and truly keep and lhithfully perform the covenants, conditions, and agrcoments its the said contract aXtd any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligationshall become null and void; otherwise it shall, be and amain in full force and virtue. It is admowledged that the Contract provides for one-year guarantee period, during which timee this bond remains in fiill force and effort. And the said Surety, for value received, hereby stipulates and agrees that no cbaage, extension of time, alteration, or addition to the teams of. the Contract or to the work to be performed thereunder or the specifications accot»pan~yi ng the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of tame, alteration, or addition to the terms of the Cownwt 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. FsitMI Perlbrmnee Bond 1309.5 Loi ;101 Lae- •C O p To �,&f 4 W 9V OF CONTRACT: La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, CDBG Project No. 4.LQ027 Project No. 2003-07-A CONTRACTOR: Pete & Sons Construction, Inc. 7000 Jarupa Avenue Riverside, CA 92504 Sheet 1 of 3 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. �+►*��r***•+r�r***�a,►a►*�r*�*�r*+�*a►���*�a**��r*���r�►r�r�r,►��x,►r�r���ara*r�**t*�*r�r�r��**�**�r*��+►*��:*�r�*�r*�r.r.rar��r�r��*+�** Increase in number of the contractor -supplied streetlights due to a shortage of materials from the City's supply due to repairs or replacement of parts to other existing City street lights. Amount = $12,280.80 Removal of concrete and repairs associated with damage to or the omission of existing conduit for the existing City streetlights. Amount = $2,672.24 Contract Adjustment of the difference between anticipated quantities and the actual quantities installed. Amount = ($2,122.00) Total = $12,831.04 Previous Contract Amount Through Change Order No. 0 $ 193,115.00 Add This Change Order No. 1 $ 12,831.04 Revised Contract Total $ 205,946.04 By reason of this contract change order the time of completion is adjusted as follows: The revised contract completion date shall be May 26, 2005 Submitted By: Approved By: Date: 1 O S GO Date, V2-lo 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 mawls, perform all labor, except as maybe noted above, and perform all services necessary to complete the above specified work, and hereby accep s ull payme� the�nount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: elm Contractor: -tir- Date: !S T:\PWDEPT\PROJECTS\2 CONSTRUCTION\2003-07A DOWNTOWN LIGHTING PROGRAM & BERMUDAS SIDEWALK IINPVS\CONSTRUCTION\CCO #LDOC 15/ M' OED 11: 37 EU 760 777 7155 City at La Quinta Pub. Wk E5425/2005 11:12 9513525594 BRIAN �ooi/ooz PACE 02 May 25, 2005 City of La Quints Leonard R. St. Sauver Assistant Engineer 11 78-495 Cane Tampico La QiAut8, CA. 92253 Page X of X sent via fax Serial Letter #:08-05063P-001.6 (760) 777-7048 V (760) 777-7155 F Refcrcn= Project No. 2003-07A, CD$G Pnaject No. 4.LQ027; Downtown Lighting Program and .A.venj& Bermudas Sidewalk ImprovemcWs Subject: Pending CCOs Dear W. Sauvet: Limed below are the CCOs perfarmed by Pete 'Ad Sons Construction, which are pending payment. 4 Additional Poles Totem Conduit rqWr at Avenida Bemudu $12agO.80 Additional Work at Service on Desert Club $1,819.93 Grand Total $852.3 x $14.953.04 If you havo a&Ily further quesdOtts please call Me at (951) 352-2492. Cordially, Pate & Sons Constnwdor6 Inc. Indira Mendoza. Assistant Project manager Enclosures (0) f'� ��► of 1-, QvfntEL\FJcrmUd= S'JCWWk J P.O. BOX 7339 - RIVEMME, CA 92513-7339 LIC. 766488 - A d) (951) 352-2495 PH. — (9S 1) 3S2-5594 FAX 0 �c V _ 4 INCORPOWEDOn y4� SV OF T� CITY OF LA QUINTA LA QUINTA DOWNTOWN LIGHTING PROGRAM AND AVENIDA BERMUDAS SIDEWALK IMPROVEMENTS Project No. 2003-07-A Final Quantity Adjustment Comparison Base Bid Area No. 1 Actual Quantity Installed Contractor Item No. I Description Unit Bid Q Unit P antity New Total Unit Price I Extended Price Cost Difference 1 Mobilization LS 1 1 $15,000.00 1 $15,000.00 $15,000.00 $15,000.00 $0.00 2 Traffic Control LS 1 6,900.00 1 $6,900.00 $6,900.00 $6,900.00 $0.00 3 Dust Control LS 1 8,000.00 1 $8,000.00 $8,000.00 $8,000.00 $0.00 4 Clearing and Grubbing LS 1 20,000.00 1 $20,000.00 $20,000.00 $20,000.00 $0.00 5 P.C.C. Sidewalk SF 2,375 8.00 2,114 $16,912.00 $8.00 $19,000.00 $2,088.00 6 P.C.C. Sidewalk W/Curb SF 395 17.00 393 $6,681.00 $17.00 $6,715.00 $34.00 7 P.C.C. Curb Ramp EA 13 1,300.00 13 $16,900.00 $1,300.00 $16,900.00 $0.00 8 P.C.C. Driveway SF 95 40.00 95 $3,800.00 $40.00 $3,800.00 $0.00 9 Traffic Signing and Striping LS 1 8,500.00 1 $8,500.00 $8,500.00 $8,500.00 $0.00 10 Trench Repair LF 2100 23.00 2,100 $48,300.00 $23.00 $48,300.00 $0.00 11 Lighting Improvements LS 1 40,000.00 1 $40,000.00 $40,000.00 $40,000.00 $0.00 Total $190,993.00 $193,115.00 $2,122.00 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. O. Box 1504 La Quinta, CA 92247-1504 DOC a MOOS-049044S 06/21/2005 08:00A Fee:NC Page 1 of 2 Recorded in official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder I IIIIII IIIIIII IIII IIIII IIIIII III IIIIIII III IIIII IIII III) M S U PAGE SIZE DA PCOR NOCOR SMF MISC. I� A I R I L COPY I LONG REFUND NCHG I EXAM NOTICE OF COMPLETION La Quinta Downtown Lighting Program & Avenida Bermudas Sidewalk Improvements Project No. 2003-07-A Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION PLEASE COMPLETE THIS INFORMATION R1`CORDING REQUESTED BY: JITNE '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 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 7" day of June, 2005, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements Project No 2003-07-A 6. The name of the contractor for said work of improvement was: Pete & Sons Construction, 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: Downtown Lighting Program - installing new light fixtures on new concrete foundations pull boxes and conduit on Avenida Bermudas and Desert Club Drive; Avenida Bermudas Sidewalk Improvements - installing sidewalk improvements, curb ramps, signing, and striping from Avenue 52 to Calle Estado DATED: June 8, 2005 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 ° 'I Quinta, the political subdivision which executed the foregoing notice and.2i. verification; that I have read said notice, know its contents, and that that e`TM penalty of perjury that the foregoing is true and correct. Executed at La Quinta, California on June 8, 2006. 1 #t City of La f Irnake this rtify under � Ep� DUNE S. G � � City of La Q fir r,r1