2019-22 St. Francis Electric - Traffic Signals
Exhibit A
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ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State,
and local laws. Contracting Party is aware of the requirements of California
Labor Code Sections 1720, et seq., and 1770, et seq., as well as California
Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the
“Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040,
which require the payment of prevailing wage rates and the performance of
other requirements on “Public works” and “Maintenance” projects. If the
Services are being performed as part of an applicable “Public works” or
“Maintenance” project, as defined by the Prevailing Wage Laws, and if
construction work over twenty-five thousand dollars ($25,000.00) and/or
alterations, demolition, repair or maintenance work over fifteen thousand
dollars ($15,000.00) is entered into or extended on or after January 1, 2015
by this Agreement, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to
the maintenance of payroll records and the employment of apprentices.
Pursuant to California Labor Code Section 1725.5, no contractor or
subcontractor may be awarded a contract for public work on a “Public works”
project unless registered with the California Department of Industrial
Relations (“DIR”) at the time the contract is awarded. If the Services are
being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, this project is subject to
compliance monitoring and enforcement by the DIR. Contracting Party will
maintain and will require all subcontractors to maintain valid and current
DIR Public Works contractor registration during the term of this Agreement.
Contracting Party shall notify City in writing immediately, and in no case
more than twenty-four (24) hours, after receiving any information that
Contracting Party’s or any of its subcontractor’s DIR registration status has
been suspended, revoked, expired, or otherwise changed. It is understood
that it is the responsibility of Contracting Party to determine the correct
salary scale. Contracting Party shall make copies of the prevailing rates of
per diem wages for each craft, classification, or type of worker needed to
execute the Services available to interested parties upon request, and shall
post copies at Contracting Party’s principal place of business and at the
project site, if any. The statutory penalties for failure to pay prevailing wage
or to comply with State wage and hour laws will be enforced. Contracting
Exhibit A
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Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each
worker who works in excess of the minimum working hours when
Contracting Party does not pay overtime. In accordance with the provisions
of Labor Code Sections 1810 et seq., eight (8) hours is the legal working
day. Contracting Party also shall comply with State law requirements to
maintain payroll records and shall provide for certified records and
inspection of records as required by California Labor Code Section 1770 et
seq., including Section 1776. In addition to the other indemnities provided
under this Agreement, Contracting Party shall defend (with counsel selected
by City), indemnify, and hold City, its elected officials, officers, employees,
and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It is
agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all “Public works” (as defined by the
Prevailing Wage Laws), Contracting Party shall bear all risks of payment or
non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all
subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of
the release, City may retain proceeds (per Public Contract Code § 7107) of
up to one hundred fifty percent (150%) of the amount in dispute. City’s
failure to deduct or withhold shall not affect Contracting Party’s obligations
under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
Exhibit A
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unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such
unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement
requires excavations more than four (4) feet in depth, the following shall
apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance
with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it
finds that the conditions do materially so differ, or do involve hazardous
waste, and cause a decrease or increase in Contracting Party’s cost of, or
the time required for, performance of any part of the work shall issue a
change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under
this Agreement. Contracting Party shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and
protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
Exhibit A
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procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all
safety measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult
or impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
CONSENT CALENDAR ITEM NO. 13
City of La Quinta
CITY COUNCIL MEETING: September 17, 2019
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ST.
FRANCIS ELECTRIC FOR ON-CALL TRAFFIC SIGNAL REPAIR SERVICES
RECOMMENDATION
Approve Agreement for Contract Services with St. Francis Electric in an
amount not to exceed $75,000 per year for three years, to provide on call
traffic signal repair services; and authorize the City Manager to execute the
agreement.
EXECUTIVE SUMMARY
• Repairs to the City's traffic signals can require specialized equipment
and certain expertise that staff does not possess or needed service at
times when staff is not available.
• Staff solicited proposals for on-call traffic signal repair services from
qualified firms.
• St Francis Electric was selected as the best qualified firm and staff
recommends approval of the Agreement for Contract Services
(Attachment 1).
FISCAL IMPACT
The not to exceed annual agreement amount of $75,000 could cost up to
$225,000 during the three-year term. Funds are available in Traffic Signal
Maintenance 1920TMI (401-0000-60188) for 2019/20. Funding will be
budgeted in subsequent fiscal years.
BACKGROUND/ANALYSIS
In August 2019, the City received three proposals in response to the on-call
traffic signal repair services request for proposals. Staff reviewed the
proposals and St. Francis Electric was selected as the top ranked firm; St.
Francis Electric was the most cost effective and qualified firm. Siemens and
Bear Electrical Solutions also submitted proposals.
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ALTERNATIVES
Council could elect not to approve the agreement.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, City Engineer
Attachment: 1. Agreement for Contract Services with St. Francis Electric
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