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Dateland Const/Sidewalk Gap 14
SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Dateland Construction Company, 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 City Project No. 1997-02/03, Jefferson Street at the Canal — Sidewalk Gap Closure, in the City of La Quinta, California pursuant to the Invitation to Bid, dated January, 2014 the project Specifications, and Contractor's Bid, dated April 3, 2014, 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. 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 15 working 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 Ten Thousand Seven Hundred and Two Dollars and Seventy -Five Cents ($10,702.75). 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. 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. Contract 1300-1 7. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub - subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contract 1300-2 Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 8. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. 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 written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. 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. 9. 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 Contract 1300-3 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. 10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 11. This Contract shall not be assignable by Contractor without the written consent of City. 12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 13. 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. 14. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 15. 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. 16. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 17. 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. 18. 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. Contract 1300-4 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California municipal corporation Pg., I'VE Dated: L-2 By, --- 'IN TIW-Z., W. 0� �PTI: :. : ATTEST: 544V�v Dated: It�1 2-0 Susan Maysels, City Werk — I APPROVED AS TO FORM: SIGNED IN COUNTERPART Dated: City Attorney "CONTRACTOR" (If corporation, affix seal) Dated: ZZ Z0t'� Name: Jr4Mfr5 A/ i( ict�cr7 print name Address: $3-�l f�V6 yj— �6to, Ci9 ??I street address city state zip code Dated: Name: print name Address: street address Contract By: signature Title: city state zip code 1300-5 IN WITNESS ' WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California municipal corporation Dated: By: Frank J. Spevacek, City Manager ATTEST: Dated: Susan Maysels, City Clerk ;APP VE AST O M: Dated: Cit A orn "CONTRACTOR" (if corporation, affix seal). Dated:— 411ZLIZol4 By: si ature Name: �S,-4Mf3 N. tie: print name Address: V4- �/% 9Z�� street address city state zip code Dated • By: signature Name: Title: print name Address: street address city state zip code Contract 1300-5 SECTION 1310 FAITHFUL PERFORMANCE BOND Bond No. 538579P KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on April 7, 2014, awarded to Dateland Construction Company, inc., hereinafter designated as the Principal, a Contract for City Project No. 1997-02/03, Jefferson Street at the Canal — Sidewalk Gap Closure and: WHEREAS, said Principal. is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and Developers surety and Indemnity Company as Surety, are held and firmly bound unto the City in the just and full amount of Ten Thousand Seven Hundred and Two Dollars and Seventy -Five Cents 1$ 10,702.75) 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. Faithful Performance Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrumentnt under their respective corporate seals this �3 day of 4fiz ► , 2014, the name and corporate seal of each corporate party being her to affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. DATELAND CONSTRUCTION COMPANY, INC. Principal By �/ 0;70� Pnat a for Principal Title of Signatory DEVELOPERS SURETY AND INDEMNITY COMPANY Surety By Signatur or $U! y Dougla J. Rothey Attorney -in -Fact Title of Signatory 5613 DTC Parkway, Suite 825 Greenwood Village, Colorado 80111 Address of Surety (303) 768-9365 Phone # of Surety Scott Rons Contact Person for Surety (Seal) (Seal) AvithM Perlormance Bond 1310-2 SECTION 1320 PAYMENT BOND Bond No. 538579P KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City has on April 7, 2014, awarded to Dateland Construction Company, Inc., hereinafter designated as the Principal, a Contract for Clty Project No. 1997-02103, Jefferson Street at the Canal — Sidewalk Gap Closure. WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and Developers surety and indemnity Company aS Surety, are held and firmly bound unto the City in the just and full amount of Ten Thousand Seven Hundred and Two Dollars and Seventy -Five Cents ($ 10,702.75) 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 attorney's 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 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrumer t under their respective corporate seals this 23 day of , 2014, the name and corporate seal of each corporate party being her to affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. DATELA4D CONSTRUCTION COMPANY, INC. Principal (Seal) for Principal Title of Signatory DEVELOPERS SURETY AND INDEMNITY COMPANY Surety (Seal) By Signature fo uret Douglas A Rothey Attorney -in -Fact Title of Signatory 5613 DTC Parkway, Suite 825 Greenwood Village, Colorado 80111 Address of Surety (303) 768-9365 Phone # of Surety Scott Rons Contact Person for Surety Payment Bond 1320-2 CALIFORNIA ALL -PURPOSE ACKNOWLEDGMENT State of California County of Riverside On 04/23/14 (Date) personally appeared before me, Judi Thompson, "Notary Public", James N. Richert (name[s] of signer[s]), Who proved to me on the basis of satisfactory evidence to be the personjf whose nameVf isfafe— subscribed to the within instrument and acknowledged to me that he44eA*" executed the same in his{kefAAeirauthorized capacitoe< and that by hisAierfth& signature�on the instrument the person/or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JUDITHOMPSON Commission # 1899622 -r' Notary Public - California zz Riverside County My Comm. Ex Tres Au 14, 2014 State of County of COLORADO ) ) ss. ARAPAHOE ) On 4 " �3 ^ )�Q/ 4 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Douglas J. Rothey known to me to be Attorney -in -Fact of DEVELOPERS SURETY AND INDEMNITY COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires: December 8, 2014 Cyfithia M. Bu nett, Notary Public POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: *** Douglas J. Rothey, Cynthia M. Burnett, Alexander D. Rothey, jointly or severally*** as its true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surely, bonds. undertakings and contracts of suretyship giving and granting unto saiciARorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of Said Attorney(s> in -Fact, pursuant to these presents, are hereby rabBod and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutlon adopted by the Board of Dueclors of DEVELOPERS SURETY AND iNDEK NITY COMPANY, aftecbve as of January 1 s! 2008 RESOLVED, that a cornbinaUon of any two of the Chairman of the Board, the Presrdant, any Executive Vice -President, Senior Vice -President or Vice -President of the t:orpo- tabor, be. and that each of them hereby is, authorized to execute this Power o(Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and confracNof suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificale relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by Its officers and attested by its Secretary or Assistant Secre- tary this January tsl, 2008. By A NO Daniel Young, Vice•Presidenl : o490R,gT�F,y yJQ OCdT. cam: By: v o= Stephen T Pate, Senior Vice•President io'; 1936 L ; State of Caloomia County of Orange On _ _ August 13th, 2008 before me. Jenny TT Nguyen, Notary Public Date Here Insert Name and Tille of the Officer Personally appeared Daniel Young and Stephen T. Pate Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey execuied the same in hislherithetr authorized ENNY 77 WUM capacity(ies), and that by hisRhedtheir signalure(s) on the instrument the person(s), or the entity upon behalf of COMM. # 1791640 which the parsons) acted, executed the instrument. NOTARY PUBLIC Cht7A I certify under PENALTY OF PERJURY under the laws of the Stale of Califomia that the foregoing paragraph is ORANGE COWN true and correct. My corium expires Pe& I k 2IM2 WITNESS my hand and official seal. Place Notary Seal Above Signature - Je TT Ng n, lary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains 4,ful1 force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate: This Certificate isexecutedin the City of Irvine. California, this day of By. 4C,Oku�,,sJ.nt Secretary ID- 1438(Rev t1109) 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." nat 1"4� , Title 2Z ZOI Date Workers Compensation Insurance Certificate 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any Liability and Insurance Requirements 1340-1 source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Liability and Insurance Requirements 1340-2 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 Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor 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. Contractor shall provide the following types and amounts of insurance: 2.2 Commercial General Liability Policy Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. Limits shall be no less than One Million Dollars ($1,000,000) per occurrence for all covered losses and no less than Two Million Dollars ($2,000,000) general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, Collapse or Underground Hazard(X CU). Liability and Insurance Requirements 1340-3 b. Products and Completed Operations. C. Pollution liability. d. Contractual liability. Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2.3 Workers' Compensation Insurance Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. 2.4 Business Auto Policy Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. 2.5 Excess or Umbrella Liability Insurance Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage for liability not covered by primary but covered by the umbrella. Self -insured retentions are not permitted. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are authorized carriers in the state of California and with an A.M. Best rating of A - or better and a minimum financial size of VII. Contractor and City agree as follows: Liability and Insurance Requirements 1340-4 1. Contractor agrees to endorse the third party Commercial General Liability coverage required herein to include as additional insureds City, its officials, employees and agents, and County, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985 or equivalent. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of City to any party involved in this Contract or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this Contract, to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Contract shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractors or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Contract (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any Contract involving City in relation to the project(s) contemplated by this Contract is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders Liability and Insurance Requirements 1340-5 of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require written notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration of non -renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Contract to do likewise. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If contractor's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the contractor, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate Liability and Insurance Requirements 1340-6 additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the city, and to require all subcontractors and any other person or entity involved in the project contemplated by this Contract to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 18. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 19. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Contract and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 20. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. Liability and Insurance Requirements 1340-7 It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers, if any are working on this project through Contractor. City shall determine the liability limit. 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: Frank J. Spevacek, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Liability and Insurance Requirements 1340-8 t" k12#bq Op In- AG 7 CERTIFICATE OF LIABILITY INSURANCE DATE (04122112211YIYY) 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 9 SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Phone: 949-553-980 The Woodftch Company Insurance Fax: 949-553-067 Services, Inc. 1 Park Plaza, Suite 400L Irvine, CA 92614 Christopher Hodson P"� No C No): ADDRESS: PRODUCERDATEL-! CUSTOMER 1p III. INSURER(S) AFFORDING COVERAGE NAIL i INSURED Dateland Construction Co., Inc 83-801 Avenue 45 Indio, CA 92201 INSURERA:Ironshore Specialty Ins. Co. 25445 INSURERB :Old Republic General Ins. Corp24139 INSURER C:St. Paul Fire & Marine Ins. Co 24767 INSURER D : INSURER E INSURER F nnveenr_rc f COTICIe ATC Nl IM12=17• RF% RSInN NIIMRFR- aw"ilTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. INSR TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE J OCCUR F71MED X X GS0035401 01/15/14 01/15/15 EACH OCCURRENCE. $ 1,000,00 PREMISES Ea occurrence $_ 50,00 EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 �IENL AGGREGATE LIMIT APPLIES PER POLICY X PRO- LOC PRODUCTS - COMPIOP AGG $ 2,000,0 $ C AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS lCA94111405 01M5114 01/15/15 COMBINED SINGLE LIMIT (EeaccideM) $ I,000,0 .BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ C UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE UP-15R8470A-14-NF 01/15/14 01115M5 EACH OCCURRENCE $ 2,000,00 �( .AGGREGATE $ 2,000,00 DEDUCTIBLE RETENTION 110,000 $ X $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) If yes. describe under I DESCRIPTION Fovy N f A X 1CW94111405 01115/14 01/15/15 X A R E.L. EACH ACCIDENT $ 1,0I E.L. DISEASE - EA EMPLOYE $ 1,0 E.L. DISEASE -POLICY LIMIT 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) Except 10 Days Notice of Cancellation for Non -Payment of Premium. : La Quinta Project N1997-02/03; Jefferson Street at the Canal- Sidewalk ap Closure. **SEE NOTES** glaiwv/wcwv CITYLAQ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of La Quints ACCORDANCE WITH THE POLICY PROVISIONS. 78-495 Calle Tampico La Quinta, CA 92253 AUTHORIZED REPRESENTATIVE O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD (NOTEPAD nArE�-1 PACE 2 I INSUREDS NAME Dateland Construction Co., Inc OP ID: AG DATE 04/22/14 Should this policy be cancelled before the expiration date, The Wooditch ompany will mail 30 (thirty) days written notice to those Certificate olders which require such action per contract or agreement.* (NOTEPAD. HOLDER CODE CITYLAQ DATEL-1 PAGE g I INSURED'S NAME Dateland Construction Co., Inc OP ID: AG DATE dgl22114 La Quinta, its officials, employees, a�ents County, its s, employees and agents ate Include as Additional Insureds as Gs General Liability per attached endorsement. for General Liability and Workers' Compensation: See POLICY NUMBER: AGS0035401 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Additional Insureds shown in a written contract, or The insurance afforded by this policy for the benefit of written agreement that includes primary and the additional insured does not apply to non-contributory wording where required. 'property damage' to any building, structure or appurtenant structure intended to be occupied as a 'private residence'. The term "private residence" The inclusion of one or more Insured under the terms of includes single family homes or residences, this endorsement does not increase our limits of multi -family homes or residences. liability. All other terms and conditions remain unchanged. information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: AGS0035401 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations Additional Insureds shown in a written contract, or written Any location. agreement that includes primary and non-contributory wording. The inclusion of one or more Insured under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: AGS0035401 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete the Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Named Insured DATELAND CONSTRUCTION CO. INC Policy Number AICW94111405 Endorsement No. 000 Policy Period 1/15/2014-1/1512015 Endorsement Effective Date: V15/2014 Producer's Name: OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC. Producer Number: 0000007000 as required by conhad AUTHORIZED REPRESENTATIVE WC 99 0315 (09/06) State Of California;, CONTRACTORS STATE LICENSE BOARD ' Consume_ r ACTIVE LICENSE Affairs , 396698 E-� CORP z DATELAND CONSTRUCTION COMPANY INC ,..�„ C12 C34 C42 HAZ A �. ��o�• 05/31/2015 www.cslb.ca.gov c T-i O D4 " 78-495 Calle Tampico, La Quinta, CA 92253 (760)777-7000 CERTIFICATE NON -TRANSFERABLE BUSINESS LOCATION OUTSIDE CITY LIMITS BUSINESS NAME: DATELAND CONSTRUCTION CO INC BUSINESS ADDRESS: 83801 AVENUE 45 INDIO CA 92201 Gam' Dear Business Owner. Please be aware that issuance of ■ business license by the City does not authorize you to conduct business in a building or tenant space that has not been approved for occupancy by the Building and Safety Department. If you have any questions regarding this issue, or if you are not sure if a Certificate of Occupancy has been issued for your place of business, please contact Building and Safety at (760)777-7012. The Licensee named herein having paid to the City of La Quinta all fees required, license is hereby granted said licensee to transact the business herein set forth, for the period stated, in conformity with the Provisions of Ordinance No. 2 of this City. This Licensee is issued without verification that the licensee is subject to or exempt from licensing by the State or California. BUSINESS LIC NO: 31 CLASSIFICATION: GENERAL CONTRACTOR EXPIRATION DATE: 3/31/15 Sheet 1 of 3 CONTRACT: Jefferson Street at the Canal Sidewalk Gap Closure PROJECT NO. 1997-02/03 CONTRACTOR: Date'land Construction Company, Inc. .83801 Avenue 45 Indio, Ca. 92201 CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms ofthe 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 thickness of concrete driveway. (180sf @ $3,85/so Total 693.00 This Contract Change Order also allows for a Quantity Adjustment between the Bid Quantities and Actual Quantities Total 350,48 Original Contract Amount $ 10,702.75 Add This Change Order No. 1 Ljj.043.48 Revised Contract Total $ 11,746.23 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: 05/23/14 Submitted Approved We, the undersigned Contractor, havegiven careful consideration to the cha ' e roposed d hereby agree, if this pYosal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as maybe note above, and perform all services necessary to complete the above specified work and hereby acce ull payment the -am" wn above, which includes all direct and indirect overhead expenses for any delays. Accepted By: T:IENOIMERMGSERVICES DIVISION (CIP)WROIECTSI2 CONSTRUCTIOM1997-02&03JEFFERSON SIDEWALK INFE.LPROIECTATTNECANALICONSTRUCTIOMPROGRESS PAYN ENTS & CCO'S1CCO OLDOC LICENSE NO.396698 DATELAND CONSTRUCTION CO., INC 83-801 AVE. 45 INDIO, CA 92201 (760) 342-2999 -FAX (760) 342-5444 PROPOSALS and CONTRACT NO. PHONE: DATE; PROPOSAL SUBMITTED TO: 760-777-7000 FAX 760-777-7101 13-Ma -14 NAME: PROJECT: CITY OF LA QUINTA JEFFERSON ST. SIDEWALK GAP CLOSURE ADDRESS: LOCATION; P.O. BOX 1504 ........ JEFFERSON ST. JUST SOUTH OF AVE 52 CITY & STATE: ENGINEER DATE ON PLANS LA QUINTA, CA 92253 NAI CONSULTING 1-Feb-14 ATTENTION; PROJECT NS -NO-,AND TITLE: LEONARD ST. SAUVER 2/3/1997 We hereby propose to furnish the necessary equipment, labor and material required to perform the following work: ADDITIONAL FOOTAGES ON CONTRACT ITEMS 180 SF ADDITIONAL 12"-16" THICKNESS DRIVEWAY DEMO @ 3.85 $ 693.00 STIPULATIONS Pricing per contract unit costs. Proposal is based upon contract stipulations and agreement. ACCEPTED FOR BUYER Submitted by: TOTAL $ 693.00 BY Approved By: TITLE: Title pate; When signed by the Buyer and approved by a Managing officer of this Company, this constitute a firm contract between both parties, hereto, for all labor and forall materials herein referred to, according to terms and conditions. CITY OF LA QUINTA Jefferson Street at the Canal Sidewalk Gap Closure Project No. 1997-02/03 Final Quantity Adjustment Comparison Base Bid Area No. 1 Actual Quantit Installed Bid Quantity Item No. Description I Unit Bid Qt Unit Price I Quantity New Total Unit Price Extended Price Cost Difference 1 Mobilization LS 1 $2,200.00 1 $2,200.00 $2,200.00 $2,200.00 $0.00 2 Traffic Control LS 1 $2,300.00 1 $2,300.00 $2,300.00 $2,300.00 $0.00 3 Sawcut and Remove Existing Curb and Gutter LF 16 $65.00 16 $1,040.00 $65.00 $1,040.00 $0.00 4 Sawcut and Remove Existing Sidewalk SF 56 1 $3.85 56 1 $215.60 $3.85 $215.60 $0.00 5 Sawcut and Remove Existing Concrete Driveway to Right of Way SF 335 $3.85 335 $1,289.75 $3.85 $1,289.75 $0.00 6 Construct Concrete Sidewalk SF 260 $3.74 312 $1,166.88 $3.74 $972.40 $194.48 7 Construct Concrete Driveway SF 445 $4.00 484 $1,936.00 $4.00 $1,780.00 $156.00 8 Protect In Place Existing Sign - Install sleeve as required for sidewalk construction EA 1 $155.00 1 $155.00 $155.00 $155.00 $0.00 9 Restrl a Pavement Markings LS 1 $750.00 1 $750.00 $750.00 $756.00 $0.00 Total $11 053.23 1 $10,702.751 $360.48