RFP #2 - LQ Splash Pad Renovation Project 2022-19PROJECT NO 2022-19
LQ PARK SPLASH PAD RENOVATION
DEADL I NE � JANUARY 16, 2023 BY 3 PM (PST )
ATTENTION I DIANNE HANSEN
REQUEST FOR PROPOSALS
The City of La Quinta (City) seeks proposals from qualified Contractors/Vendors for
Project No 2022-19 LQ Park Splash Pad Renovation. Demolition of the existing splash
pad, construction and installation of new splash/spray water features, equipment
and surfacing.
A mandatory pre -proposal meeting is scheduled for Wednesday, January 4, 2023, at
9:00 a.m. at La Quinta Park, located at the corner of Blackhawk Way and Adams Street,
La Quinta, CA 92253.
Project No 2022-19: LQ PARK SPLASH PAD RENOVATION
Issue Date: Wednesday, December 7, 2022
DUE DATE: Monday, January 16, 2023, by 3:00 PM
Requesting Department: Public Works Department
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Proposals must be submitted via hand delivery, or mail. All proposals must bear original or
electronic signatures.
Submit (4) Hard copy Work Proposals per each design submitted in a sealed envelope
and an electronic original, as a single document in a .PDF format on a flash drive
AND
Submit (1) Cost Proposal per each design submitted in a hard copy original in a sealed
envelope to the following contact:
City of La Quinta
Attn: Dianne Hansen, Management Analyst
78495 Calle Tampico
La Quinta, California, 92253
Tel: (760) 912-6435
Email: dhansen@laquintaca.gov
Email Subject: RFP - Project No: 2022-19 LQ Park Splash Pad Renovation
Given that this is a solicitation to renovate the existing splash pad, install new updated
splash/spray features, surfacing, and equipment at the splash pad located in La Quinta
Park, proposals will be ranked based on submitted conceptual designs and qualifications
and then consider cost.
All proposals shall be firm offers subject to acceptance by the City and may not be
withdrawn for a period of 180 calendar days following the last day to accept proposals.
Proposals may not be amended after the due date except by consent of the City. All
proposals must clearly address all of the requirements outlined in this RFP.
2. SUBMISSION RESTRICTIONS
All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or
modifications will be considered. Proposals received after the due date and time are
considered non -responsive and will be returned unopened.
3. QUESTIONS or REQUESTS FOR CLARIFICATIONS
Any requests for clarification or other questions concerning this RFP must be submitted in
writing by Tuesday, January 10, 2023; and sent via email to Dianne Hansen,
Management Analyst, dhanseri laguintaca.gov
4. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS
Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written
request to Dianne Hansen, Management Analyst, at dhansen@laquintaca.gov. Withdrawn
proposals will be returned unopened.
Proposers may modify proposals prior to the Submittal Deadline by withdrawing their
proposal as noted above and re -submitting anew before the Submittal Deadline.
S. ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior
to the submittal deadline. Addenda will be numbered consecutively and noted following the
RFP title. It is the proposer's responsibility to ensure they have incorporated all addenda.
Failure to acknowledge and incorporate addenda will not relieve the proposer from the
responsibility to meet all terms and conditions of the RFP and any subsequent addenda.
6. REJECTION OF PROPOSALS
The City may reject any or all proposals in whole or in part for any reason, including
suspicion of collusion among proposers, and may waive any immaterial deviation in a
proposal. The City's waiver of an immaterial defect shall in no way modify the RFP as
published or excuse the proposer from full compliance with the specifications if he/she is
awarded the agreement. Proposals referring to terms and conditions other than the City's
terms and conditions as listed in the RFP, may be rejected as being non -responsive.
The City may conduct an investigation as deemed necessary to determine the ability of the
proposer to perform the work, and the proposer shall furnish to the City all such information
and data for this purpose as requested by the City. The City reserves the right to reject any
proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the
City that such proposer is properly qualified to carry out the obligations of the agreement
and to complete the work specified.
7. CANCELLATION OF RFP
This RFP does not obligate the City to enter into an agreement. The City reserves the right
to cancel this RFP at any time, should it be deemed in the best interest of the City. No
obligation, either expressed or implied, exists on the part of the City to make an award or
to pay any cost incurred in the preparation or submission of a proposal.
S. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the
procurement process through written correspondence and discussions during the period in
which clarifying addenda may be issued. The City wishes to foster cooperative relationships
and to reach a fair agreement in a timely manner. Formal proposals for major professional
and technical services shall be governed by the City's Purchasing Policy.
9. NEGOTIATIONS AND FINAL AGREEMENT
The City's Agreement for Contract Services is enclosed as Attachment 1 for review prior to
submitting a proposal. An agreement will not be binding or valid with the City unless and
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until it is executed by authorized representatives of the City and of the selected proposer.
At the discretion of the City, any or all parts of the successful proposal shall be made a
binding part of the agreement. Proposer should notify the City in writing if they take
exception to any of the agreement provisions within the Cover Letter.
10. PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing
shall remain firm for the entire initial term of the agreement. Thereafter, any proposed
pricing adjustment for additional periods, if any, shall be subject to the terms of the
agreement.
11. SELECTION PROCESS
Proposals shall be reviewed and rated based on the conceptual design and information
submitted within the Work Proposal. Closely ranked contractors may be asked to furnish
evidence of capability, equipment, and financial resources to adequately provide the
services. A copy of the Proposal Evaluation Form is provided in Attachment 5. The
Committee may choose to interview two or more closely -rated contractors but will not
expect or schedule time for elaborate presentations.
The City will open contract negotiations with the top ranked contractor. The successful
contractor will be expected to enter into the City's Professional Services Agreement. Should
negotiations with the top -ranked contractor dissolve, the City will open the Cost Proposals
and begin contract negotiations with the second ranked contractor, and so forth until an
agreement is reached. The successful contractor will be expected to enter into the attached
Professional Service Agreement Attachment 1. Any exceptions taken by the contractor on
the standard contract attached must be submitted in writing as part of its proposal to be
considered
12. RFP TIMELINE (Subject to Changel
RFP Issue Date:
Wednesday, December 7, 2022
Mandatory Pre -Bid Walk (La Quinta Park)
Wednesday, January 4, 2023 at 9 a.m.
Deadline for Proposers' Questions:
Tuesday, January 10, 2023
City's Response to Questions:
Thursday, January 12, 2023
Proposals Submittal Deadline:
Monday, January 16, 2023, by 3:00 PM
Complete Evaluations of Proposals and
Potential Interviews:
Tuesday, January 17, 2023, through
Thursday, January 19, 2023
Community Services Commission Review
January 2023, Date TBD
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
Thursday January 26, 2023, through
Monday, January 30, 2023
City Council Consideration and Approval:
Tuesday, February 7, 2023
Agreement Effective Date and
Project Start Date
Wednesday, February 15, 2023
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13. PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
13.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open
to public inspection, unless the proposal or specific parts can be shown to be exempt
by the California Public Records Act [California Government Code §6250 et seq.].
Each proposer may clearly label part of a proposal as "Confidential" if the proposer
thereby agrees to indemnify and defend the City for honoring such a designation.
The failure to so label any information that is released by the City will constitute a
complete waiver of all claims for damages caused by any release of the information.
If a request for public records for labeled information is received by the City, the City
will notify the proposer of the request and delay access to the material until seven
working days after notification to the proposer. Within that time delay, it will be the
duty of the proposer to act in protection of its labeled information. Failure to so act
will constitute a complete waiver.
13.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will
not be released or retained [California Government Code §6254(a)].
13.3 Public Information:
All proposals will be opened by the selection committee on January 17, 2023 and will
be made available to the public upon request. By submitting a proposal, the proposer
acknowledges and accepts that the content of the proposal and associated
documents will become open to public inspection. The final, executed agreement will
be a public document. Proposals and other information will not be returned.
14 PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions
requested by the City, presentation to the City, travel in conjunction with such
presentations, or samples of items, shall be entirely the responsibility of the proposer.
15INSURANCE REQUIREMENTS and ACKNOWLEDGEMENT
Proposals must include a completed "Insurance Requirements Acknowledgment" form
included as Attachment 2 stating that, if selected, the proposer will provide the minimum
insurance coverage and indemnification noted in Exhibits E and F, respectively, of the City's
Agreement for Contract Services.
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
M
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
16 NON -COLLUSION AFFIDAVIT
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 3,
executed by an official authorized to bind the contractor.
17 CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer
who is involved in the making of decisions which may have a foreseeable material effect on
any City financial interest pursuant to the City's Conflict of Interest Code and the California
Political Reform Act of 1974.
18 LOCAL BUSINESS PREFERENCE
Local vendors are encouraged, but not required. For purposes of this section, local' shall
be defined as an individual, partnership, or corporation, which regularly maintains a place
of business within a 40-mile radius of the City.
19 CITY RIGHTS AND OPTIONS
The City reserves the right to:
■ Make the selection based on its sole discretion;
■ Issue subsequent RFP;
• Postpone opening proposals or selection for any reason;
• Remedy errors in the RFP or in the RFP process;
• Modify the Scope of Services in the RFP;
■ Approve or disapprove the use of particular subcontractors;
• Negotiate with any, all or none of the proposers;
• Accept other than the lowest offer;
■ Waive informalities and irregularities in proposals;
■ Request additional information or clarification;
• Request revisions during negotiations;
■ Invite any consultant of its choosing to assist with the evaluation of proposal
responses or to provide the City with a second opinion
• Enter into an agreement with another proposer in the event the originally selected
proposer defaults or fails to execute an agreement with the City in a timely
manner.
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REQUESTED SERVICES
The City of La Quinta (City) seeks proposals from qualified contractors for Project No:
2022-19, La Quinta Park Splash Pad Renovation. Proposers may provide up to two
conceptual drawing(s), each concept should be unique in its design. Each submittal
must meet the minimum requirements and not exceed the budget amount. A
Selection Committee will review all submittals and may recommend up to two
conceptual renderings to the Community Services Commission who will review and
recommend one submittal for approval by the City Council
I. INTRODUCTION
La Quinta Park Splash Pad Renovation includes demolition, removal and disposal
of the existing splash pad/water features and equipment, installation of new
updated splash and spray water features, equipment, surfacing, plumbing,
pumps, tanks, and filters. All components must have a tolerance to high UV light
and extreme heat.
Contractors must have a B General Contractor's License.
Sample water features are shown below, the new splash pad is to be surrounded by
a perimeter pony wall.
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II. SCOPE OF SERVICES
• Provide the City with colored conceptual drawing/image and an
overhead schematic of proposed splash pad and water features.
Proposers may submit conceptual drawings for two unique options,
colors should coordinate with the park and include royal blue, teal,
purple, and orange.
• The proposal will include all material, labor and equipment to
demolish the existing splash pad, construct the new splash
pad/features including: water play features, infill, crushed rock
base, concrete deck surface, perimeter pony wall, controller,
mechanical system, backflow preventer, drain lines, water lines,
and electrical.
• Contractor/Vendor shall include material, labor and equipment to
construct all splash pad elements.
• Splash Pad subgrade shall consist of 6" 4000 PSI Portland Concrete Cement
(PCC) over 12" of compacted road base with minimum 95% compaction.
Compaction test to be provided by contractor.
• Contractor/Vendor shall be responsible for installing all water and drain
lines for the splash pad and connecting to the water and storm services.
• 2.5-inch water flow meter to be purchased and installed by contractor's
licensed plumber.
• 2.5-inch backflow preventer shall be furnished and installed by
Contractor/Vendor. The backflow preventer must be a 2.5-inch RP
Watts LF009 or equivalent that is approved by the City.
• Contractor/Vendor shall install meter and backflow preventer inside
existing pump house. The floor of the pump house will be removed by
the Contractor/Vendor, vendor will be responsible for pouring floor back
after piping installations are complete. Floor shall be 6" thick 4000PCC.
A floor drain shall be installed and connected to the existing sanitary line
in the pump house. Floor shall slope to drain.
• Contractor/Vendor shall be responsible for all electrical work. This will
include but may not be limited to, installation of appropriate breaker(s)
at the proposed service panel, runs of conductor inside conduit from the
panel to all energized devises and all electrical connections and other
electrical work up through final inspection by City's Building Inspector(s)
per local Code. Electrical service panel and controllers shall be installed
inside the existing pump house.
• Contractor/Vendor shall assume all responsibility for obtaining and
verifying measurements.
• Contractor/Vendor shall work with City staff to keep disruption of park
grounds to a minimum. Trenches shall be backfilled and tamped to 98%
proctor by Contractor/Vendor.
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• Contractor/Vendor must provide temporary construction fencing,
including privacy screen, minimum 4-foot high, around the perimeter
of the splash pad construction area.
• Contractor/Vendor must protect and monitor poured concrete until it is
cured. Contractor/Vendor shall be responsible for removal and
replacement of concrete if damaged prior to completion of job.
• Contractor/vendor shall be responsible for fine grading and installation of
sod around the splashpad. Sod shall be either Bermuda or rye mix based
on date of installation. Contractor/vendor shall be responsible for
repairing any irrigation lines that may be damaged during construction
and that seeding is well established.
• The Contractor/Vendor must complete this project on or around
(preferably before) May 1, 2023.
Contractor/Vendor Services
The selected Contractor shall be responsible for the following:
1. Contractor shall provide construction plans and equipment
specifications of selected design on award of contract.
2. The Contractor/Vendor shall provide all new material, labor, and
supplies to satisfy the intent of the agreement. Provide all hookups for
the complete installation including: plumbing, mechanical, electrical,
etc.
3. Contractor is responsible to pull all permits required by the City and
schedule all inspections required by the City and Health Department.
4. Meet with City staff prior to submitting the final order to confirm color,
attributes and layout of the equipment.
5. Respond to inquiries from City staff concerning equipment and/or
construction and provide prompt attention to any issues regarding
missing or mislabeled parts.
6. Coordinate scheduling of construction with City staff when applicable.
7. Be responsible for providing safety precautions in connection with
contracted installation work.
7. The proper off -site disposal of litter and debris collected from the work
site is the responsibility of the Contractor/Vendor.
8. Upon completion, conduct an onsite audit to confirm that the equipment
was installed according to manufacturer's specifications and provide
written documentation of the audit to the City.
9. Upon completion, Contractor/Vendor will be required to orientate City staff
on equipment start-up and shut -down procedures, winterization duties,
and servicing of equipment.
10. Upon completion, Contractor/Vendor will be required to provide
installation manuals and operation and maintenance manuals to
City staff.
11. Contractor/Vendor shall furnish Performance and Payment Bonds,
each in an amount at least equal to the contract price as security for
the faithful performance and payment of all Contractor/Vendor's
obligations under the contract documents. These Bonds shall remain
in effect at least until one year after the date when final payment
becomes due. When the successful bidder delivers the executed
agreement to the City, it must be accompanied by the required
performance and payment bond.
Equipment Requirements
• The Contractor/Vendor is responsible for delivery of the equipment to the
project site.
• All equipment shall be compatible with Health Department requirements,
ADA, and ASTM guidelines.
• There shall be various types of spray components, including above grade
and at grade pieces, a motion sensor to turn on water features.
• Above grade features shall be anchored below the concrete deck or
use an interchangeable mounting system as appropriate.
• An ADA accessible activation bollard or push button shall be included in
the design.
• A programmable controller shall be provided and sized according to the
number or outputs it is required to control. The controller shall be factory
programmed with a variety of spray sequences. A 24-hour/7-day
programmable, time switch to set the operational hours of the facility
shall be incorporated into the operating system. The time switch shall
have the ability to be programmed with a different time schedule for
each day of the week.
• All aquatic play products installed above and below grade shall be
manufactured from 304/304L stainless steel. The anchoring system and
associated fastening hardware shall be manufactured from 304/304L
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stainless steel. Rigid centricast fiber reinforced (FRP) and/or molded
fiberglass, PVC, filament wound tubing or Galvanized Steel shall not be
utilized for any above or below grade play product structures.
• All hardware and anchoring systems shall be 304/304L or 316 stainless
steel. All systems shall include an integrated anchoring and leveling
system facilitating installation and a flush surface finish. Exposed and
accessible hardware shall be tamper resistant.
• Spray nozzles, caps and heads shall be manufactured from lead free
brass or UHMWPE and shall use tamper resistant tools for installation
and removal. All grade level play products are to be furnished with
appropriate winterization caps.
• Quick Couplers shall be installed on each spray fixture valve.
• Painted finishes shall be polyester smooth glassy heat -cured
powder coat that is UV and chemical resistant and suitable for
public spaces.
• All accessible edges shall be machined to rounded finish. All welds be
watertight, buffed smooth, or polished to a non -visible finish and factory
pressure tested. Accessible nozzles and spray heads shall be recessed
to ensure a completely safe play environment with no pinch points, head
entrapments or protrusion hazards. All products shall be designed in
accordance with ASTM F1487, ASTM F-2461 and CSA Z614-98
regulations for public playgrounds.
• The water distribution system shall be factory assembled and water
pressure tested before delivery. Each distribution line shall have
electronically activated solenoid valves, operating on a 24 VAC. The
electric solenoid valves shall be suitable for chlorinated water. Each
distribution line shall have a valve for manual shut off, the valves shall
have union connections. The lines from the manifold to the play structures
shall be Schedule 80 PVC. The manifold body shall be constructed of
stainless steel 304. A %-inch drain valve shall be included. A pressure
gauge shall be installed on the manifold.
• The water supply manifold system shall be sized to minimize water
consumption. Each above ground spray feature shall have its own
solenoid valve and distribution line. "At grade" features shall have
supplied solid brass covers that are threaded into place for winterization.
• Manifold and controller are to be house in the existing pool house.
• Electronic components shall be installed to meet current City
Code and pass required inspections by the City Building
Inspector.
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• 2.5-inch water flow meter to be installed by contractor.
• 2.5-inch backflow preventer shall be furnished and installed by
Contractor/Vendor. The backflow preventer must be a 2.5-inch RP
Watts LF009 or equivalent that is approved by the City.
Specific Play Element & Amenities Requirements
Desired spray elements:
• Shall include a combination of above ground and at grade water spray
features.
• Element variety for age groups 2 to 5 years and 5 to 12 years.
• A minimum number of fifteen water elements/features, and a motion sensor
to turn on the water features.
Surfacing and Subgrade Requirements
• The splash pad shall fit the existing site and may by extended up to
twelve -feet north, and eight -feet west, of the existing pad. (City will
relocate irrigation).
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• Subgrade preparation for the splash pad shall include demolition of and
grading of the existing area to proposed elevations for the new splash
pad. Contractor shall prepare 6" of native subgrade material (98%
compaction) and placement of 6" of crushed concrete base course under
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the splash pad pavement (98% compaction). Placement of a minimum
of 8 inches of topsoil is required around the perimeter of splash pad
where subgrade was removed. The site will be roughly graded to 10"
below an approximate finish grade elevation of the proposed splash pad.
Contractor/vendor will be responsible for placing additional material or
removing excess material as required for the splash pad construction.
• The deck shall be a 5-inch thick 4000 PSI rebar reinforced concrete slab
with a medium broom finish, sawed and sealed, and shall meet ADA
requirements. Rebar shall be epoxy coated and 30" QC Maximum.
• The deck shall have an ADA approved deck drain.
• The deck drain grating shall be stainless steel and have openings no larger
than 5/16 inch.
• The deck drain(s) shalt be capable of handling 1.5x the designed flow
minimum.
• The deck shall have positive drainage, 2% slope to the center drain, no
ponding of water and minimal runoff.
• Connect the deck drain into the proposed 12" storm sewer line.
All contractors/subcontractors, plumbers and electricians must be licensed to
work in the City of La Quinta. Plumbers and electricians must apply for the
appropriate permits and schedule required City and/or Health Department
inspections.
The City reserves the right to:
• Reduce the overall cost of a selected proposal in advance of confirming
the order by requesting modifications or deletions as required to meet
unexpected budgetary constraints.
• Negotiate for the substitution of specific feature(s) while remaining
consistent with the design concept.
Project Budget
The City requests the proposal budget amount not to exceed $750,000. Proposers
are responsible to include all costs for materials and labor in the proposal price.
III. PROPOSAL FORMAT
Contractors are encouraged to keep their proposals brief and relevant to the specific
information requested herein. Proposals should be straightforward, concise, and provide
"layman" explanation of technical terms that are used.
The City is seeking a separate Work Proposal (Envelope 1) and a separate Cost Proposal
(Envelope 2). The Cost Proposal should be submitted as a hard copy clearly marked with
the consultant's name, address, phone number and email address. Given that this is a
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solicitation, the City will rank the proposals based upon the conceptual drawing(s)
submitted, qualifications and then consider cost.
Present the proposals in a format and order that corresponds to the numbering and
lettering contained herein with minimal reference to supporting documentation, so
that proposals can be accurately compared.
1. Cover Letter
Signed by an official authorized to bind the contractor with name, address, phone
number, and email address of contractor's contract person, location of contractors'
main office, location of the office that would service this project, a validity statement
that all information and pricing provided in the proposal is valid for at least ninety (90)
days, and a statement that any individual who will perform work for the City is free of
any conflict of interest. Proposer should notify the City in writing if they take exception
to any of the agreement provisions.
Contractor Background, Qualifications, and Experience, including the
following:
(a) Services to be provided
(b) Contact information, name(s) email and phone numbers
(c) Number of years in business
(d) Taxpayer identification number
(e) Department of Industrial Regulations (DIR) identification number
(f) Background information of the contractor, including the date of founding,
legal form, number and location of offices, number of employees, days and
hours of operation and any other pertinent information.
(g) Disclosure of any alleged significant prior or ongoing agreement failure, any civil
or criminal litigation or investigation pending, which involved the proposer or in
which the proposer has been judged guilty or liable within the last five (5) years.
If there is no information to disclose, proposer must affirmatively state there is
no negative history.
(h) Project Schedule - a schedule is to be submitted of proposed tasks reflecting a
date in February 2023 as the start date.
2. References:
(a)
Client name, telephone number, and email address
(b)
Ninety -day maintenance services description
(c)
Ninety -day maintenance start date, and end date
(d)
Staff assigned to maintenance services
(e)
Provide a summary of final outcome
3. Staffing and Organization
(a) Identify the key personnel that would be assigned to oversee this project.
Include a brief description of their qualifications and experience in performing
the type of work being assigned.
(b) Designate an administrator who would serve as a day-to-day contact for the
City.
(c) List any and all subcontractors for this project, include contact information and
DIR numbers.
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4. Experience
Describe any experience related to construction of Splash Pad and/or Spray
features, include any specific value adds the contractor would offer if selected.
S. Scope of Work
The conceptual drawing(s) and a description of any additional services to be provided
should be presented in a format that can be easily attached to the Agreement for
Contract Services.
6. Cost Proposal (Envelope 2) — Submit one (1) hard copy. This section shall
disclose all charges for demolition and construction of an updated splash pad water
features. Proposals are to include prevailing wage rates.
7. Acknowledgement of Insurance Requirements (Attachment 2)
Proposals must include a written statement that, if selected, the Contractor will provide
the required insurance coverage, or an additional amount should the services provided
require additional coverage and indemnification noted in Exhibits E and F, respectively,
of the City's Agreement for Contract Services included as Attachment 1.
S. Non -Collusion Affidavit (Attachment 3)
Proposals must include an executed Non -Collusion Affidavit, included as Attachment
3, executed by an official authorized to bind the contractor.
9. Acknowledgement of Addenda (Attachment 4)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement
of Addenda, included as Attachment 4.
The following are NOT included in the 20-page count:
(1)Transmittal letter/Cover Letter
(2)Two separate design concepts
(3)Table of contents
(4)Signed Non -Collusion Affidavit Form
(5)Insurance Acknowledgement
ATTACHMENTS
1. Agreement for Contract Services
2. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
3. Non -Collusion Affidavit
Must be executed by proposer and submitted with the proposal
4. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
S. Proposal Evaluation Form
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ATTACHMENT 1
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ('City"), a California municipal
corporation, and Name[insert the type of business entity, e.g. sole proprietorship, CA
Limited Liability Corp, an S Corp.] ("Contracting Party"). The parties hereto agree as
follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to
Project No 2022-19 LQ Park Splash Pad Renovation as specified in the "Scope of
Services" attached hereto as "Exhibit A" and incorporated herein by this reference
(the "Services"). Contracting Party represents and warrants that Contracting Party is
a provider of first-class work and/or services and Contracting Party is experienced in
performing the Services contemplated herein and, in light of such status and
experience, Contracting Party covenants that it shall follow industry standards in
performing the Services required hereunder, and that all materials, if any, will be of
good quality, fit for the purpose intended. For purposes of this Agreement, the phrase
"industry standards" shall mean those standards of practice recognized by one or
more first-class contractor's performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws
of the City and any Federal, State, or local governmental agency of competent
jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contracting Party shall obtain at its sole cost and expense such licenses,
permits, and approvals as may be required by law for the performance of the Services
required by this Agreement, including a City of La Quinta business license.
Contracting Party and its employees, agents, and subcontractors shall, at their sole
cost and expense, keep in effect at all times during the term of this Agreement any
licenses, permits, and approvals that are legally required for the performance of the
Services required by this Agreement. Contracting Party shall have the sole obligation
to pay for any fees, assessments, and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with counsel
selected by City), and hold City, its elected officials, officers, employees, and agents,
free and harmless against any such fees, assessments, taxes, penalties, or interest
levied, assessed, or imposed against City hereunder. Contracting Party shall be
responsible for all subcontractors' compliance with this Section.
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1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed,
if any, and fully acquainted itself with the conditions there existing, (c) it has carefully
considered how the Services should be performed, and (d) it fully understands the
facilities, difficulties, and restrictions attending performance of the Services under
this Agreement. Should Contracting Party discover any latent or unknown conditions
materially differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not proceed
except at Contracting Party's risk until written instructions are received from the
Contract Officer, or assigned designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Contracting Party's work will be
held to an industry standard of quality and workmanship. Consistent with Section 1.5
hereinabove, Contracting Party represents to City that it holds the necessary skills
and abilities to satisfy the industry standard of quality as set forth in this Agreement.
Contracting Party shall adopt reasonable methods during the life of this Agreement
to furnish continuous protection to the Services performed by Contracting Party, and
the equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or property,
until acceptance of the Services by City, except such losses or damages as may be
caused by City's own negligence. The performance of Services by Contracting Party
shall not relieve Contracting Party from any obligation to correct any incomplete,
inaccurate, or defective work at no further cost to City, when such inaccuracies are
due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in
the Scope of Services ("Additional Services") only when directed to do so by the
Contract Officer, or assigned designee, provided that Contracting Party shall not be
required to perform any Additional Services without compensation. Contracting Party
shall not perform any Additional Services until receiving prior written authorization
(in the form of a written change order if Contracting Party is a contractor performing
the Services) from the Contract Officer, or assigned designee, incorporating therein
any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of Contracting
Party. It is expressly understood by Contracting Party that the provisions of this
Section shall not apply to the Services specifically set forth in the Scope of Services
or reasonably contemplated therein. It is specifically understood and agreed that oral
requests and/or approvals of Additional Services shall be barred and are
unenforceable. Failure of Contracting Party to secure the Contract Officer's, or
assigned designee's written authorization for Additional Services shall constitute a
waiver of any and all right to adjustment of the Contract Sum or time to perform this
Agreement, whether by way of compensation, restitution, quantum meruit, or the
like, for Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.3 of this Agreement.
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1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the
"Special Requirements"), which is incorporated herein by this reference and expressly
made a part hereof. In the event of a conflict between the provisions of the Special
Requirements and any other provisions of this Agreement, the provisions of the
Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule
of Compensation") in a total amount not to exceed
($ ) ("Contract Sum"). (the "Contract Sum"), except as provided in
Section 1.7. The method of compensation set forth in the Schedule of Compensation
may include a lump sum payment upon completion, payment in accordance with the
percentage of completion of the Services, payment for time and materials based upon
Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other
reasonable methods as may be specified in the Schedule of Compensation. The
Contract Sum shall include the attendance of Contracting Party at all project meetings
reasonably deemed necessary by City; Contracting Party shall not be entitled to any
additional compensation for attending said meetings. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs,
transportation expense, telephone expense, and similar costs and expenses when
and if specified in the Schedule of Compensation. Regardless of the method of
compensation set forth in the Schedule of Compensation, Contracting Party's overall
compensation shall not exceed the Contract Sum, except as provided in Section 1.7
of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party
wishes to receive payment, Contracting Party shall submit to City no later than the
tenth (10th) working day of such month, in the form approved by City's Finance
Director, an invoice for Services rendered prior to the date of the invoice. Such invoice
shall (1) describe in detail the Services provided, including time and materials, and
(2) specify each staff member who has provided Services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Contracting Party specifying that the payment requested is for
Services performed in accordance with the terms of this Agreement. Upon approval
in writing by the Contract Officer, or assigned designee, and subject to retention
pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon
which are approved by City pursuant to this Agreement no later than thirty (30) days
after invoices are received by the City's Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of
this Agreement shall be paid for in an amount agreed to in writing by both City and
Contracting Party in advance of the Additional Services being rendered by Contracting
Party. Any compensation for Additional Services amounting to five percent (5%) or
less of the Contract Sum may be approved by the Contract Officer, or assigned
designee. Any greater amount of compensation for Additional Services must be
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approved by the La Quinta City Council, the City Manager, or Department Director,
depending upon City laws, regulations, rules and procedures concerning public
contracting. Under no circumstances shall Contracting Party receive compensation
for any Additional Services unless prior written approval for the Additional Services
is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7
of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City
will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
"Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified
in the Schedule of Performance may be approved in writing by the Contract Officer,
or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of Contracting Party, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency other
than City, and unusually severe weather, if Contracting Party shall within ten
(10) days of the commencement of such delay notify the Contract Officer, or
assigned designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, shall ascertain the facts and the extent of delay, and extend the
time for performing the Services for the period of the forced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's
determination, or assigned designee, shall be final and conclusive upon the parties
to this Agreement. Extensions to time period in the Schedule of Performance which
are determined by the Contract Officer, or assigned designee, to be justified
pursuant to this Section shall not entitle the Contracting Party to additional
compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on or
around February 15, 2023, and terminate on completion and acceptance of the
Splash pad on or around May 1, 2023.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party ("Principals") are hereby designated as being the principals and
representatives of Contracting Party authorized to act in its behalf with respect to the
Services specified herein and make all decisions in connection therewith:
(a) Name; Title
Tel No.
E-mail:
(b) Name; Title
Tel No.
Email
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing Principals shall be responsible during
the term of this Agreement for directing all activities of Contracting Party and
devoting sufficient time to personally supervise the Services hereunder. For purposes
of this Agreement, the foregoing Principals may not be changed by Contracting Party
and no other personnel may be assigned to perform the Services required hereunder
without the express written approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as the
Bryan McKinney, Public Works Director/City Engineer or assigned designee
may be designated in writing by the City Manager of the City. It shall be Contracting
Party's responsibility to assure that the Contract Officer, or assigned designee, is
kept informed of the progress of the performance of the Services, and Contracting
Party shall refer any decisions, that must be made by City to the Contract Officer, or
assigned designee. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer, or assigned designee.
The Contract Officer, or assigned designee, shall have authority to sign all
documents on behalf of City required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement.
Except as set forth in this Agreement, Contracting Party shall not contract or
subcontract with any other entity to perform in whole or in part the Services required
hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered, voluntarily or by operation of law, without the prior
written approval of City. Transfers restricted hereunder shall include the transfer to
any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Contracting Party, taking all
transfers into account on a cumulative basis. Any attempted or purported assignment
or contracting or subcontracting by Contracting Party without City's express written
approval shall be null, void, and of no effect. No approved transfer shall release
Contracting Party of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Contracting Party, its
agents, or its employees, perform the Services required herein, except as otherwise
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set forth herein. City shall have no voice in the selection, discharge, supervision, or
control of Contracting Party's employees, servants, representatives, or agents, or in
fixing their number or hours of service. Contracting Party shall perform all Services
required herein as an independent contractor of City and shall remain at all times as
to City a wholly independent contractor with only such obligations as are consistent
with that role. Contracting Party shall not at any time or in any manner represent
that it or any of its agents or employees are agents or employees of City. City shall
not in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member of any
joint enterprise with Contracting Party. Contracting Party shall have no power to incur
any debt, obligation, or liability on behalf of City. Contracting Party shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City. Except for the Contract Sum paid to Contracting Party as
provided in this Agreement, City shall not pay salaries, wages, or other compensation
to Contracting Party for performing the Services hereunder for City. City shall not be
liable for compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other City,
state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting
Party and any of its employees, agents, and subcontractors providing services under
this Agreement shall not qualify for or become entitled to any compensation, benefit,
or any incident of employment by City, including but not limited to eligibility to enroll
in the California Public Employees Retirement System ("PERS") as an employee of
City and entitlement to any contribution to be paid by City for employer contributions
and/or employee contributions for PERS benefits. Contracting Party agrees to pay all
required taxes on amounts paid to Contracting Party under this Agreement, and to
indemnify and hold City harmless from any and all taxes, assessments, penalties,
and interest asserted against City by reason of the independent contractor
relationship created by this Agreement. Contracting Party shall fully comply with the
workers' compensation laws regarding Contracting Party and Contracting Party's
employees. Contracting Party further agrees to indemnify and hold City harmless
from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any
payment due to Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party's failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that
it employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party
represents that the Services required herein will be performed by Contracting Party
or under its direct supervision, and that all personnel engaged in such work shall be
fully qualified and shall be authorized and permitted under applicable State and local
law to perform such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting
Party only from or through action by City.
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5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement
and throughout the duration of the term of this Agreement, Contracting Party shall
procure and maintain, at its sole cost and expense, and submit concurrently with its
execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the
"Insurance Requirements") which is incorporated herein by this reference and
expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of Insurance
and endorsements must be approved by Agency's Risk Manager prior to
commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting
Party shall indemnify, protect, defend (with counsel selected by City), and hold
harmless City and any and all of its officers, employees, agents, and volunteers as
set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this
reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party's
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party hereby acknowledges that City
is greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party
becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the Services contemplated herein or, if
Contracting Party is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned designee,
of said fact, circumstance, technique, or event and the estimated increased or
decreased cost related thereto and, if Contracting Party is providing design services,
the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors
to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks,
reports (including but not limited to payroll reports), studies, or other documents
relating to the disbursements charged to City and the Services performed hereunder
(the "Books and Records"), as shall be necessary to perform the Services required
by this Agreement and enable the Contract Officer, or assigned designee, to
evaluate the performance of such Services. Any and all such Books and Records shall
be maintained in accordance with generally accepted accounting principles and shall
be complete and detailed. The Contract Officer, or assigned designee, shall have
full and free access to such Books and Records at all times during normal business
hours of City, including the right to inspect, copy, audit, and make records and
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transcripts from such Books and Records. Such Books and Records shall be
maintained for a period of three (3) years following completion of the Services
hereunder, and City shall have access to such Books and Records in the event any
audit is required. In the event of dissolution of Contracting Party's business, custody
of the Books and Records may be given to City, and access shall be provided by
Contracting Party's successor in interest. Under California Government Code
Section 8546.7, if the amount of public funds expended under this Agreement
exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records,
documents, and other materials plans, drawings, estimates, test data, survey results,
models, renderings, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings, digital
renderings, or data stored digitally, magnetically, or in any other medium prepared
or caused to be prepared by Contracting Party, its employees, subcontractors, and
agents in the performance of this Agreement (the "Documents and Materials") shall
be the property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the Documents and Materials hereunder. Any
use, reuse or assignment of such completed Documents and Materials for other
projects and/or use of uncompleted documents without specific written authorization
by Contracting Party will be at City's sole risk and without liability to Contracting
Party, and Contracting Party's guarantee and warranties shall not extend to such use,
revise, or assignment. Contracting Party may retain copies of such Documents and
Materials for its own use. Contracting Party shall have an unrestricted right to use
the concepts embodied therein. All subcontractors shall provide for assignment to
City of any Documents and Materials prepared by them, and in the event Contracting
Party fails to secure such assignment, Contracting Party shall indemnify City for all
damages resulting therefrom.
7.4 In the event City or any person, contractor, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes to be
made or makes any changes or alterations in said Documents and Materials, City
hereby releases, discharges, and exonerates Contracting Party from liability resulting
from said change. The provisions of this clause shall survive the termination or
expiration of this Agreement and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, rights of reproduction, and other intellectual property
embodied in the Documents and Materials. Contracting Party shall require all
subcontractors, if any, to agree in writing that City is granted a non-exclusive and
perpetual license for the Documents and Materials the subcontractor prepares under
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this Agreement. Contracting Party represents and warrants that Contracting Party
has the legal right to license any and all of the Documents and Materials. Contracting
Party makes no such representation and warranty in regard to the Documents and
Materials which were prepared by design professionals other than Contracting Party
or provided to Contracting Party by City. City shall not be limited in any way in its
use of the Documents and Materials at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not disclose to
any other entity or person any information regarding the activities of City, except as
required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft documents,
discussion notes, or other information, if any, developed or received by Contracting
Party or provided for performance of this Agreement are deemed confidential and
shall not be disclosed by Contracting Party to any person or entity without prior
written authorization by City or unless required by law. City shall grant authorization
for disclosure if required by any lawful administrative or legal proceeding, court order,
or similar directive with the force of law. All City data, data lists, trade secrets,
documents with personal identifying information, documents that are not public
records, draft documents, discussions, or other information shall be returned to City
upon the termination or expiration of this Agreement. Contracting Party's covenant
under this section shall survive the termination or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed both as to validity and to performance of the parties in accordance with the
laws of the State of California. Legal actions concerning any dispute, claim, or matter
arising out of or in relation to this Agreement shall be instituted in the Superior Court
of the County of Riverside, State of California, or any other appropriate court in such
county, and Contracting Party covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting
a claim therefore. The injured party shall continue performing its obligations
hereunder so long as the injuring party commences to cure such default within ten
(10) days of service of such notice and completes the cure of such default within
forty-five (45) days after service of the notice, or such longer period as may be
permitted by the Contract Officer, or assigned designee; provided that if the default
is an immediate danger to the health, safety, or general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
Section shall be a condition precedent to termination of this Agreement for cause and
to any legal action, and such compliance shall not be a waiver of any party's right to
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take legal action in the event that the dispute is not cured, provided that nothing
herein shall limit City's right to terminate this Agreement without cause pursuant to
this Article 8.0. During the period of time that Contracting Party is in default, City
shall hold all invoices and shall, when the default is cured, proceed with payment on
the invoices. In the alternative, City may, in its sole discretion, elect to pay some or
all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities,
or damages it reasonably believes were suffered by City due to the default of
Contracting Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of
a non -defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Contracting Party
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Contracting Party.
Any waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement,
to obtain declaratory or injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section
for termination for cause. City reserves the right to terminate this Agreement at any
time, with or without cause, upon thirty (30) days' written notice to Contracting
Party. Upon receipt of any notice of termination, Contracting Party shall immediately
cease all Services hereunder except such as may be specifically approved by the
Contract Officer, or assigned designee. Contracting Party shall be entitled to
compensation for all Services rendered prior to receipt of the notice of termination
and for any Services authorized by the Contract Officer, or assigned designee,
thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting
Party shall vacate any City -owned property which Contracting Party is permitted to
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occupy hereunder and City may, after compliance with the provisions of Section 8.2,
take over the Services and prosecute the same to completion by contract or
otherwise, and Contracting Party shall be liable to the extent that the total cost for
completion of the Services required hereunder exceeds the compensation herein
stipulated (provided that City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Contracting Party for the purpose of setoff
or partial payment of the amounts owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with
this Agreement, the prevailing party in such action or proceeding, in addition to any
other relief which may be granted, whether legal or equitable, shall be entitled to
reasonable attorneys' fees; provided, however, that the attorneys' fees awarded
pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing party in the
conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal,
and in addition a party entitled to attorneys' fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery, and
all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and
shall be enforceable whether or not such action is prosecuted to judgment. The court
may set such fees in the same action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable to
Contracting Party, or any successor in interest, in the event or any default or breach
by City or for any amount which may become due to Contracting Party or to its
successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any
officer or principal of it, has or shall acquire any interest, directly or indirectly, which
would conflict in any manner with the interests of City or which would in any way
hinder Contracting Party's performance of the Services under this Agreement.
Contracting Party further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee,
agent, or subcontractor without the express written consent of the Contract Officer,
or assigned designee. Contracting Party agrees to at all times avoid conflicts of
interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. Contracting Party
warrants that it has not paid or given and will not pay or give any third party any
money or other consideration for obtaining this Agreement.
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9.3 Covenant against Discrimination. Contracting Party covenants that, by
and for itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or
group of persons on account of any impermissible classification including, but not
limited to, race, color, creed, religion, sex, marital status, sexual orientation, national
origin, or ancestry in the performance of this Agreement. Contracting Party shall take
affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or any other
person shall be in writing and either served personally or sent by prepaid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this Section.
To City:
CITY OF LA QUINTA
Attention: Bryan McKinney
Public Works Director
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
VENDORS COMPANY NAME
VENDORS CONTACT
TITLE
VENDORS STREET ADDRESS
VENDORS CITY, STATE, ZIP
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule
of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall
not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each
of which shall be deemed to be an original, and such counterparts shall constitute
one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is
the entire, complete, and exclusive expression of the understanding of the parties. It
is understood that there are no oral agreements between the parties hereto affecting
this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
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10.6 Amendment. No amendment to or modification of this Agreement shall
be valid unless made in writing and approved by Contracting Party and by the City
Council of City. The parties agree that this requirement for written modifications
cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect
any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections
of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision is so material
that its invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
§ 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, services, or materials related to this Agreement. This assignment shall be
made and become effective at the time City renders final payment to Contracting
Party without further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third -party beneficiaries
under this Agreement and no such other third parties shall have any rights or
obligations hereunder.
10.10 Authoritv. The persons executing this Agreement on behalf of each of
the parties hereto represent and warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf
of said party, (iii) by so executing this Agreement, such party is formally bound to
the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This
Agreement shall be binding upon the heirs, executors, administrators, successors,
and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
CONTRACTING PARTY:
By:
Name:
Title:
By:
Name:
Title:
Exhibit A
Scope of Services
Services to be Provided: Renovation of the splash pad located in La Quinta park at
the corner of Blackhawk Way and Adams Street.
• Provide the City with colored conceptual drawing/image and an
overhead schematic of proposed splash pad and water features.
Proposers may submit conceptual drawings for two unique options,
colors should coordinate with the park and include royal blue, teal,
purple, and orange.
• The proposal will include all material, labor and equipment to
demolish the existing splash pad, construct the new splash
pad/features including: water play features, infill, crushed rock
base, concrete deck surface, perimeter pony wall, controller,
mechanical system, backflow preventer, drain lines, water lines,
and electrical.
• Contractor/Vendor shall include material, labor and equipment to
construct all splash pad elements.
• Splash Pad subgrade shall consist of 6" 4000 PSI Portland Concrete Cement
(PCC) over 12" of compacted road base with minimum 95% compaction.
Compaction test to be provided by contractor.
• Contractor/Vendor shall be responsible for installing all water and drain
lines for the splash pad and connecting to the water and storm services.
• 2.5-inch water flow meter to be purchased and installed by contractor's
licensed plumber.
• 2.5-inch backflow preventer shall be furnished and installed by
Contractor/Vendor. The backflow preventer must be a 2.5-inch RP
Watts LF009 or equivalent that is approved by the City.
• Contractor/Vendor shall install meter and backflow preventer inside
existing pump house. The floor of the pump house will be removed by
the Contractor/Vendor, vendor will be responsible for pouring floor back
after piping installations are complete. Floor shall be 6" thick 4000PCC.
A floor drain shall be installed and connected to the existing sanitary line
in the pump house. Floor shall slope to drain.
• Contractor/Vendor shall be responsible for all electrical work. This will
include but may not be limited to, installation of appropriate breaker(s)
Exhibit A
Page 1 of 9 Last revised summer 2017
at the proposed service panel, runs of conductor inside conduit from the
panel to all energized devises and all electrical connections and other
electrical work up through final inspection by City's Building Inspector(s)
per local Code. Electrical service panel and controllers shall be installed
inside the existing pump house.
• Contractor/Vendor shall assume all responsibility for obtaining and
verifying measurements.
• Contractor/Vendor shall work with City staff to keep disruption of park
grounds to a minimum. Trenches shall be backfilled and tamped to 98%
proctor by Contractor/Vendor.
• Contractor/Vendor must provide temporary construction fencing,
including privacy screen, minimum 4-foot high, around the perimeter
of the splash pad construction area.
• Contractor/Vendor must protect and monitor poured concrete until it is
cured. Contractor/Vendor shall be responsible for removal and
replacement of concrete if damaged prior to completion of job.
• Contractor/vendor shall be responsible for fine grading and installation of
sod around the splashpad. Sod shall be either Bermuda or rye mix based
on date of installation. Contractor/vendor shall be responsible for
repairing any irrigation lines that may be damaged during construction
and that seeding is well established.
• The Contractor/Vendor must complete this project on or around
(preferably before) May 1, 2023.
Performance Standards:
The selected Contractor shall be responsible for the following:
8. Contractor shall provide construction plans and equipment
specifications of selected design on award of contract.
9. The Contractor/Vendor shall provide all new material, labor, and
supplies to satisfy the intent of the agreement. Secure all permits
required by the City and schedule all inspections. Provide all hookups
for the complete installation including: plumbing, mechanical,
electrical, etc.
10. Meet with City staff prior to submitting the final order to confirm color,
attributes and layout of the equipment.
Exhibit A
Page 2 of 9
11. Respond to inquiries from City staff concerning equipment and/or
construction and provide prompt attention to any issues regarding
missing or mislabeled parts.
12. Coordinate scheduling of construction with City staff when applicable.
13. Be responsible for providing safety precautions in connection with
contracted installation work.
10. The proper off -site disposal of litter and debris collected from the work
site is the responsibility of the Contractor/Vendor.
11. Upon completion, conduct an onsite audit to confirm that the equipment
was installed according to manufacturer's specifications and provide
written documentation of the audit to the City.
12. Upon completion, Contractor/Vendor will be required to orientate City staff
on equipment start-up and shut -down procedures, winterization duties,
and servicing of equipment.
12. Upon completion, Contractor/Vendor will be required to provide
installation manuals and operation and maintenance manuals to
City staff.
13. Contractor/Vendor shall furnish Performance and Payment Bonds,
each in an amount at least equal to the contract price as security for
the faithful performance and payment of all Contractor/Vendor's
obligations under the contract documents. These Bonds shall remain
in effect at least until one year after the date when final payment
becomes due. When the successful bidder delivers the executed
agreement to the City, it must be accompanied by the required
performance and payment bond.
Equipment Requirements
• The Contractor/Vendor is responsible for delivery of the equipment to the
project site.
• All equipment shall be compatible with Health Department requirements,
ADA, and ASTM guidelines.
• There shall be various types of spray components, including above grade
and at grade pieces.
• Above grade features shall be anchored below the concrete deck or
use an interchangeable mounting system as appropriate.
• An ADA accessible activation bollard/motion sensor shall be included in the
design.
Exhibit A
Page 3 of 9
• A programmable controller shall be provided and sized according to the
number or outputs it is required to control. The controller shall be factory
programmed with a variety of spray sequences. A 24-hour/7-day
programmable, time switch to set the operational hours of the facility
shall be incorporated into the operating system. The time switch shall
have the ability to be programmed with a different time schedule for
each day of the week.
• All aquatic play products installed above and below grade shall be
manufactured from 304/304L stainless steel. The anchoring system and
associated fastening hardware shall be manufactured from 304/304L
stainless steel. Rigid centricast fiber reinforced (FRP) and/or molded
fiberglass, PVC, filament wound tubing or Galvanized Steel shall not be
utilized for any above or below grade play product structures.
• All hardware and anchoring systems shall be 304/304L or 316 stainless
steel. All systems shall include an integrated anchoring and leveling
system facilitating installation and a flush surface finish. Exposed and
accessible hardware shall be tamper resistant.
• Spray nozzles, caps and heads shall be manufactured from lead free
brass or UHMWPE and shall use tamper resistant tools for installation
and removal. All grade level play products are to be furnished with
appropriate winterization caps.
• Quick Couplers shall be installed on each spray fixture valve.
• Painted finishes shall be polyester smooth glassy heat -cured
powder coat that is UV and chemical resistant and suitable for
public spaces.
• All accessible edges shall be machined to rounded finish. All welds be
watertight, buffed smooth, or polished to a non -visible finish and factory
pressure tested. Accessible nozzles and spray heads shall be recessed
to ensure a completely safe play environment with no pinch points, head
entrapments or protrusion hazards. All products shall be designed in
accordance with ASTM F1487, ASTM F-2461 and CSA Z614-98
regulations for public playgrounds.
• The water distribution system shall be factory assembled and water
pressure tested before delivery. Each distribution line shall have
electronically activated solenoid valves, operating on a 24 VAC. The
electric solenoid valves shall be suitable for chlorinated water. Each
distribution line shall have a valve for manual shut off, the valves shall
Exhibit A
Page 4of9
have union connections. The lines from the manifold to the play structures
shall be Schedule 80 PVC. The manifold body shall be constructed of
stainless steel 304. A %-inch drain valve shall be included. A pressure
gauge shall be installed on the manifold.
• The water supply manifold system shall be sized to minimize water
consumption. Each above ground spray feature shall have its own
solenoid valve and distribution line. "At grade" features shall have
supplied solid brass covers that are threaded into place for winterization.
• Manifold and controller are to be house in the existing pool house.
• Electronic components shall be installed to meet current City
Code and pass required inspections by the City Building
Inspector.
• 2.5-inch water flow meter to be installed by contractor.
• 2.5-inch backflow preventer shall be furnished and installed by
Contractor/Vendor. The backflow preventer must be a 2.5-inch RP
Watts LF009 or equivalent that is approved by the City.
Specific Play Element & Amenities Requirements; Desired spray elements
• Shall include a combination of above ground and at grade water spray
features.
• Element variety for age groups 2 to 5 years and 5 to 12 years.
• A minimum number of fifteen water elements/features, and a motion sensor
to turn on the water features.
Surfacing and Subgrade Requirements
• The splash pad shall fit the existing site and may by extended up to
twelve -feet north, and eight -feet west, of the existing pad. (City will
relocate irrigation).
• Subgrade preparation for the splash pad shall include demolition of and
grading of the existing area to proposed elevations for the new splash
pad. Contractor shall prepare 6" of native subgrade material (98%
compaction) and placement of 6" of crushed concrete base course under
the splash pad pavement (98% compaction). Placement of a minimum
of 8 inches of topsoil is required around the perimeter of splash pad
where subgrade was removed. The site will be roughly graded to 10"
below an approximate finish grade elevation of the proposed splash pad.
Contractor/vendor will be responsible for placing additional material or
removing excess material as required for the splash pad construction.
Exhibit A
Page 5 of 9
• The deck shall be a 5-inch thick 4000 PSI rebar reinforced concrete slab
with a medium broom finish, sawed and sealed, and shall meet ADA
requirements. Rebar shall be epoxy coated and 30" QC Maximum.
• The deck shall have an ADA approved deck drain.
• The deck drain grating shall be stainless steel and have openings no larger
than 5/16 inch.
• The deck drain(s) shalt be capable of handling 1.5x the designed flow
minimum.
• The deck shall have positive drainage, 2% slope to the center drain, no
ponding of water and minimal runoff.
• Connect the deck drain into the proposed 12" storm sewer line.
All contractors/subcontractors, plumbers and electricians must be licensed to
work in the City of La Quinta. Plumbers and electricians must apply for the
appropriate permits and schedule required City and/or Health Department
inspections.
Exhibit A
Page 6 of 9
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 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
Exhibit A
Page 7 of 9
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 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.
Exhibit A
Page 8of9
(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 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 ($1,000.00) as liquidated
damages for each working day of delay in the performance of any of the Services
required hereunder, as specified in the Schedule of Performance. In addition,
liquidated damages may be assessed for failure to comply with the emergency call
out requirements, if any, described in the Scope of Services. City may withhold from
any moneys payable on account of the Services performed by Contracting Party any
accrued liquidated damages.
Exhibit A
Page 9of9
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to
Contracting Party under this Agreement is not to exceed
($ ) ("Contract Sum"). The Contract Sum shall be paid to Contracting
Party in installment payments made on a monthly basis and in an amount identified
in Contracting Party's schedule of compensation attached hereto for the work tasks
performed and properly invoiced by Contracting Party in conformance with
Section 2.2 of this Agreement.
Exhibit B
Page 1of1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto
and incorporated herein by this reference.
Work shall commence on or around February 15, 2022 and terminate on
completion and acceptance of the Splash pad on or around May 1, 2023.
Exhibit C
Page 1of1
Exhibit D
Special Requirements
Contractor is to submit construction plans and equipment specifications for
approval from the City's Building Inspector prior to construction.
Contractor is responsible to pull any and all permits required by the City
(permit fees will be waived) and schedule all site inspections required by the City
and/or Health Department.
Contractor is responsible for all pedestrian and traffic control.
All work shall be in conformance with the requirements of the Americans with
Disabilities Act, the Consumer Products Safety Commission guidelines, and all other
applicable State and Federal codes.
Contractors must have the following licenses:
• B General Contractor
Exhibit D
Page 1of1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers
with A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability
insurance against all claims for injuries against persons or damages to property
resulting from Contracting Party's acts or omissions rising out of or related to
Contracting Party's performance under this Agreement. The insurance policy shall
contain a severability of interest clause providing that the coverage shall be primary
for losses arising out of Contracting Party's performance hereunder and neither City
nor its insurers shall be required to contribute to any such loss. An endorsement
evidencing the foregoing and naming the City and its officers and employees as
additional insured (on the Commercial General Liability policy only) must be
submitted concurrently with the execution of this Agreement and approved by City
prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000
per accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Contracting Party, its officers, any person
directly or indirectly employed by Contracting Party, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out of
or related to Contracting Party's performance under this Agreement. If Contracting
Party or Contracting Party's employees will use personal autos in any way on this
project, Contracting Party shall provide evidence of personal auto liability coverage
for each such person. The term "automobile" includes, but is not limited to, a land
motor vehicle, trailer or semi -trailer designed for travel on public roads. The
Exhibit E
Page 1 of 5
automobile insurance policy shall contain a severability of interest clause providing
that coverage shall be primary for losses arising out of Contracting Party's
performance hereunder and neither City nor its insurers shall be required to
contribute to such loss.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no
less than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain
such coverage for an additional period of three (3) years following termination of
the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated; (2) the
limits of any of the required polices are reduced; or (3) the deductible or self -insured
retention is increased. In the event any of said policies of insurance are cancelled,
Contracting Party shall, prior to the cancellation date, submit new evidence of
insurance in conformance with this Exhibit to the Contract Officer. The procuring of
such insurance or the delivery of policies or certificates evidencing the same shall not
be construed as a limitation of Contracting Party's obligation to indemnify City, its
officers, employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting
Party fails to provide or maintain any insurance policies or policy endorsements to
the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any
other remedies City may have. The above remedies are not the exclusive remedies
for Contracting Party's failure to maintain or secure appropriate policies or
endorsements. Nothing herein contained shall be construed as limiting in any way
the extent to which Contracting Party may be held responsible for payments of
damages to persons or property resulting from Contracting Party's or its
subcontractors' performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
Exhibit E
Page 2of5
1. Contracting Party agrees to have its insurer endorse the
third -party general liability coverage required herein to include as additional insureds
City, its officials, employees, and agents, using standard ISO endorsement No. CG
2010 with an edition prior to 1992. Contracting Party also agrees to require all
contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Contracting Party, or Contracting Party's employees, or agents, from
waiving the right of subrogation prior to a loss. Contracting Party agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and
available or applicable to this Agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating to
City or its operations limits the application of such insurance coverage.
4. 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.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises. Contracting
Party 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
certificates of insurance evidencing all the coverages required and an additional
insured endorsement to Contracting Party's general liability policy, shall be delivered
to City at or prior to the execution of this Agreement. 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 Contracting Party or deducted from sums due
Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party 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 City.
9. Contracting Party agrees to ensure that subcontractors, and any other
party involved with the project that is brought onto or involved in the project by
Exhibit E
Page 3of5
Contracting Party, provide the same minimum insurance coverage required of
Contracting Party. Contracting Party 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. Contracting Party agrees that upon
request, all agreements with subcontractors and others engaged in the project will
be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) 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
agreement to self -insure its obligations to City. If Contracting Party'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 Contracting Party, which may include reduction or elimination of the
deductible or self -insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving the
Contracting Party ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Contracting Party, the City will
negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will
be deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contracting Party 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.
14. Contracting Party 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 agreement. This obligation applies whether the agreement is
canceled or terminated for any reason. Termination of this obligation is not effective
until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contracting Party's insurance agent to this effect is acceptable. A certificate of
insurance and an additional insured endorsement is required in these specifications
Exhibit E
Page 4of5
applicable to the renewing or new coverage must be provided to City within five
(5) days of the expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit
the obligations of Contracting Party under this agreement. Contracting Party
expressly agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor
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 limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct
from any other provision in this Agreement and are intended by the parties here to
be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Exhibit.
20. Contracting Party 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 Contracting Party for the cost of additional insurance coverage required by
this agreement. Any such provisions are to be deleted with reference to City. 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. Contracting Party agrees to provide immediate notice to City of any
claim or loss against Contracting Party arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the right
(but not the duty) to monitor the handling of any such claim or claims if they are
likely to involve City.
Exhibit E
Page 5of5
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest extent
permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected
by City), and hold harmless City and any and all of its officials, employees, and agents
("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind,
nature, and description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and expenses of any
kind, whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees of
expert consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused in whole or in part by any negligent or
wrongful act, error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear the legal
liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for
any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting
Party shall indemnify, defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Contracting Party or by any individual or entity for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
C. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party 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
Contracting Party will be for that entire portion or percentage of liability not attributable
to the active negligence of City.
Page 6 of 59
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(0. Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party who
constitutes a 'design professional" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party's Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any subcontractor),
costs and expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of investigation,
to the extent same are caused by any negligent or wrongful act, error or omission of
Contracting Party, its officers, agents, employees or subcontractors (or any entity or
individual that Contracting Party shall bear the legal liability thereof) in the performance
of professional services under this agreement. With respect to the design of public
improvements, the Contracting Party shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified in Exhibit A
without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the term
"design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to
obtain executed indemnity agreements with provisions identical to those set forth herein
this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor
or any other person or entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain such
indemnity obligations from others as required herein, Contracting Party agrees to be fully
responsible according to the terms of this Exhibit. 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 in this Agreement are binding on the successors, assigns or heirs of Contracting Party
and shall survive the termination of this Agreement.
Page 7 of 59
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of La Quinta (hereinafter referred to as "City") has
awarded to , (hereinafter referred to as the "Contractor")
an agreement for Project No: 2022-19 LQ Park Splash Pad
Renovation (hereinafter referred to as the "Contract").
WHEREAS, the work to be performed by the Contractor is more particularly set forth
in the Contract Documents for the Project dated , (hereinafter referred
to as "Contract Documents"), the terms and conditions of which are expressly incorporated
herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the
terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
NOW, THEREFORE, we, the undersigned Contractor and
as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of
California, are held and firmly bound unto the City in the sum of
DOLLARS, ($ ), said sum being not less
than one hundred percent (100%) of the total amount of the Contract, for which amount
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and agreements
in the Contract Documents and any alteration thereof made as therein provided, on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to their intent and meaning; and shall faithfully fulfill all obligations
including the one-year guarantee of all materials and workmanship; and shall indemnify
and save harmless the City, its officers and agents, as stipulated in said Contract
Documents, then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold
good for a period of one (1) year after the acceptance of the work by City, during which
time if Contractor shall fail to make full, complete, and satisfactory repair and
replacements and totally protect the City from loss or damage resulting from or caused by
defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all
such obligations. The obligations of Surety hereunder shall continue so long as any
obligation of Contractor remains. Nothing herein shall limit the City's rights or the
Contractor or Surety's obligations under the Contract, law or equity, including, but not
limited to, California Code of Civil Procedure section 337.15.
Page 8 of 59
Whenever Contractor shall be, and is declared by the City to be, in default under
the Contract Documents, the Surety shall remedy the default pursuant to the Contract
Documents, or shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions
in the Contract Documents; or
(2) Obtain a proposal or proposals for completing the Project in accordance with all
terms and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible proposer, arrange for a Contract
between such proposer, the Surety and the City, and make available as work
progresses sufficient funds to pay the cost of completion of the Project, less the
balance of the contract price, including other costs and damages for which Surety
may be liable. The term "balance of the contract price" as used in this paragraph
shall mean the total amount payable to Contractor by the City under the Contract
and any modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by
the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept
a proposal from Contractor for completion of the Project if the City, when declaring the
Contractor in default, notifies Surety of the City's objection to Contractor's further
participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the
Project to be performed thereunder 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 Documents or to the Project, including but not limited
to the provisions of sections 2819 and 2845 of the California Civil Code.
Page 9 of 59
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20_).
(Corporate Seal)
(Corporate Seal)
Contractor/ Principal
Cal
Title
Surety
M
Attorney-i n-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence
of corporate authority attached.
(Attach Attorney -in -Fact Certificate)
The rate of premium on this bond is
premium charges, $
Title
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent
or Representative for service of
process in California, if
different from above)
(Telephone number of Surety
and Agent or Representative
for service of process in
California)
per thousand. The total amount of
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached
hereto.
Page 10 of 59
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, Notary
Public, personally appeared
, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons
relying on the document and could prevent fraudulent removal and reattachment of this
form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑Individual
❑Corporate Officer
Title(s)
❑Partner(s) ❑ Limited
❑ General
❑Attorney -In -Fact
❑Trustee(s)
❑ Guard ian/Conservator
❑Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE:This acknowledgment is to be completed for Contractor/Principal.
Page 11 of 59
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, Notary
Public, personally appeared
, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons
relying on the document and could prevent fraudulent removal and reattachment of this
form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑Individual
❑Corporate Officer
Title(s)
❑Partner(s) ❑ Limited
❑ General
❑Attorney -In -Fact
❑Trustee(s)
❑ Guard ian/Conservator
❑Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The
Power -of -Attorney to local representatives of the bonding company must also be
attached.
Page 12 of 59
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City,
has on , 2022, awarded to
hereinafter designated as the Principal, a Contract for
Project No. 2022-19 LQ Park Splash Pad Renovation.
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
DOLLARS ($ ) 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.
Page 13 of 59
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this day
of 2022, 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
S u rety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person for Surety
Page 14 of 59
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
I,
confirm that
Must be executed by proposer and submitted with the proposal
(name) hereby acknowledge and
(name of company) has reviewed
the City's indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City's Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is
awarded.
11F.Toi
(Title)
of
(Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
Page 15 of 59
I,
Iam
ATTACHMENT 3
NON -COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
(name) hereby declare as follows:
of
(Title) (Company)
the party making the foregoing proposal, that the proposal is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization,
or corporation; that the proposal is genuine and not collusive or sham; that the proposer
has not directly or indirectly induced or solicited any other proposer to put in a false or
sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed
with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain
from proposing; that the proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the proposal price of the
proposer or any other proposer, or to fix any overhead, profit, or cost element of the
proposal price, or of that of any other proposer, or to secure any advantage against the
public body awarding the agreement of anyone interested in the proposed agreement;
that all statements contained in the proposal are true; and, further, that the proposer has
not, directly or indirectly, submitted his or her proposal price or any breakdown thereof,
or the contents thereof, or divulged information or data relative hereto, or paid, and will
not pay, any fee to any corporation, partnership, company, association, organization,
proposal depository, or to any member or agent thereof to effectuate a collusive or sham
proposal.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Proposer Signature:
Proposer Name:
Proposer Title:
Company Name:
Address:
Page 16 of 59
ATTACHMENT 4
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark "N/A" under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. I SIGNATURE INDICATING RECEIPT
Page 17 of 59
ATTACHMENT 5
EVALUATION CRITERIA
Consultant:
Reviewer:
Date:
Refer to Scoring Breakdown on next sheet.
Category
Max Pts
Score
Understanding of work to be done
25
Design
20
Pertinent Project Experience; Staffing
15
Schedule
15
Format/Organization
10
Cost
10
Intangible Qualities (Overall ability to operate a
large-scale facility)
5
Total
100
Unique Qualities (Intangibles):
(Explanation)
Comments:
TOTAL
Reviewer's Signature
Contract Administrator's Initials Date
Page 18 of 59
Scoring Breakdown:
Understanding of work to be done - 25 points maximum
0-8: Scope of work is off topic or is missing more than 5 key elements.
9-17: Scope of work is understandable but missing a few key elements.
18-25: Scope of work well justified and most or all key elements are included.
Design - 20 points maximum
0-8 points: Creativity/perceived play value
9-15 points: Visual appeal (final colors selected at time of order).
16-20 points: Number and variety of play features; compatibility with site.
Pertinent Project Experience; Staffing - 15 points maximum
0-4 points: Consultant does not include previous experience or has very minimal
experience, staffing is not clearly listed.
5-10 points: Consultant lists previous experience and staffing, but experience
is not relevant or similar.
11-15 points: Consultant lists previous projects and staff with similar work
experience that is relevant.
Schedule - 15 Points Maximum
0-4 points: Schedule is missing key components and is unreasonable
5-10 points: Schedule is reasonable but missing key components
11-15 points: Schedule is reasonable and has all key components
Format/Organization - 10 points maximum
0-4: Scope of work is not or barely organized into tasks and subtasks, does not
flow clearly.
5-7: Scope of work is organized into tasks and subtasks, but not in a clear
logical order.
8-10: Scope of work is well organized into logical tasks and subtasks to complete
a project.
Cost - 10 points maximum
0-4 points: Contractor rates significantly vary from standard rates for similar
services, and/or there are significant errors in calculations.
5-7 points: Contractor rates vary from standard rates for similar services and/or
there are minor errors in calculations.
8-10 points: Contractor rates are within standard rates for similar services and
is in compliance with the budget.
Intangible Qualities - 5 points maximum
Intangible qualities are those traits or abilities that are not included in the
above categories.
Page 19 of 59