2023 Granite Construction - Project 2023-20 Hilary Emergency - Various Sinkhole RepairsMEMORANDUM
DATE: November 21, 2023
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TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Administrative Technician
RE: Agreement with Granite Construction for Emergency Sink Hole work relating to
Hurricane Hilary damage
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on 11 /21 /2023; Consent No. 9
City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
❑_ Bid F-1. RFP F-1 RFQ E_ 3 written informal bids
QSole Source 0 Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
�✓ _ Agreement payment will be charged to Account No.: 201-7003-72111-202320-E
❑✓u Agreement term: Start Date August 8, 2023 End Date December 31, 2023
Fv L Amount of Agreement, Amendment, Change Order, etc.: $479,023.40
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
❑✓ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Monika Radeva Date: 11/21/2023
J r I_
NOTE;
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Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form
required pursuant FPPC regulation 18701(2)
Business License No. LIC-0002501 Expires: 3/18/2024
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
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 Granite Construction Company, with a place of business at 38000
Monroe Street, Indio, CA 92203 ("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 Emergency Road
Repairs, 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 firms 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.
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 Four Hundred Seventy -Nine Thousand
Twenty -Three Dollars and Forty Cents ($479,023.40), for the life of the Agreement (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
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Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be 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 August 8,
2023, and terminate on December 31, 2023 ("Initial Term").
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
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Contracting Party authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith:
(a) Granite Construction Company
38000 Monroe Street
Indio, CA 92203
ATTN: Igor Srdic
(b) City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTN: Ubaldo Ayon
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 Public
Safety Manager 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
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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 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 (TERS") 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.
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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.
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
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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 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, firm, 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.
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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 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
in
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 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
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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 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.
-11-
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.
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: Ubaldo Ayon
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
GRANITE CONSTRUCTION COMPANY
Attention: Igor Srdic
38000 Monroe Street
Indio, California 92203
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.
-12-
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.
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 Authority. 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]
-13-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
L -
JO�-MOMILLEN, City Manager
_City of La Quinta, California
Dated: 2�
ATTEST:
MONIKA RADE , City, erk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
-14-
CONTRACTING PARTY:
By:
Name:u7Joseph P. Richardson
Title: Regional Chief Estimator
By:
Name:
Title:
ti� SK R/UpC,;` '+1
=W SEAL �v=
4.1eaz
t+ tit: X
�i.''IllfiflRt�'''.�
Exhibit A
Scope of Services
Emergency repair of unexpected substantial pavement sink holes throughout the City
of La Quinta, posing immediate threat to life or property. The scope of work is detailed
in attached proposal by Granite Construction Company, dated August 24, 2023.
Exhibit A
Page 1 of 4 Last revised summer 2017
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 counsel selected by City), indemnify, and hold City,
Exhibit A
Page 2 of 4
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 3 of 4
(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 4 of 4
G Proposal
roposal
CA License 89
Granite Construction Company August 24, 2023,
38000 Monroe Street
iQor.srdicCQcinc.com
760-501-1716 PRO' La Quinta Sinkhole Emergency work
La Quinta, CA
PREPARLD FOR City of La Quinta
Ubaldo Ayon
uayon@laquintaca.gov
(760)275-2789
ITEM DESCRIPTION QUAN UNIT EXT PRICE
1 MOBILIZATION/DEMOBILIZATION ALL SITES 1.000 LS $51,520.00
2 MONROE Et 58 EXC AND PAVE 1.000 LS $90,141.24
3 AVE 62 EXC 8 PAVE 1.000 LS $186,710.71
4 EX Et PAVE 50 8 JEFFERSON 1.000 LS $70,235.2
5 PULVERIZE Et PAVE WASHINGTON 8 47 1.000 LS $80,416.25
TOTAL: $479,023.40
General Conditions
1. Granite's proposal assumes that mutually agreeable commercial and legal terms and conditions will be reached. The
complete terms and conditions of this proposal shall be included in any contract or subcontract prepared by General
Contractor.
2. All operations based upon normal working hours and shifts (unless otherwise noted), availability of materials and
equipment, weather and ground conditions permitting. Our price does not include weather delays.
3. Assumes a mutually agreed schedule will be reached. Our price does not include accelerations, including but not
limited to overtime/weekend work, additional crews, etc.
4. Multiple materials are experiencing supply chain interruptions. Our price does not include accelerations or premiums
to mitigate potential impacts due to material availability.
5. Assumes project will not have a CCIP or OCIP.
6. Granite Construction is not responsible for areas destroyed or damaged by other contractors, weather, acts of God or
anything beyond our control. Our prices do not include allowances for loss of production or repairs due to inclement
weather.
7. Excludes bond, engineering, inspections, permit fees, survey, material testing, construction water costs, handling,
removal, storage or transportation of hazardous and/or toxic materials.
Page 1 of 2
8. Includes 1 year warranty from completion of Granite's work.
9. Excludes SWPPP and PM-10 plans, BMPs and any inspections.
10. Proposal good for 30 days.
11. Labor and equipment prices good through December 315t, 2023.
Specific Conditions Et Assumptions
12. Trench Work is assumed to be 5' deep. All dirt will be hauled off from site.
13. 2sack-Slurry backfill to be used and pumped with 28m concrete pump.
14. Traffic Engineer TCP stamp excluded.
15. Concrete curb removal and replacement will be performed only if needed and at inspectors' discretion and direction.
16. ''/z" AC mix material approved for Ave 50 &t 52 to be used and installed in two lifts. No grade changes, paving to existing
conditions. Survey excluded.
17. Potholing to be determined on site.
18. Pricing for budgetary purposes only, actual work will be performed on T&M. Pricing is NOT "not to exceed price" as
contractor is dealing with unknown site conditions.
Page 2 of 2
4mRA171TE'" Pay Estimate
Date: 10/3/2023
Job Description: Job No. 1300610
To: CITY OF LA QUINTA, CALIFORNIA EMERGENCY WORK 1
78495 CALLE TAMPICO
Work Completed
LA QUINTA, CA 92253 Through: July 30, 2023
Attn: Ubaldo Ay6n
Item
Description
Contract
Quantity Units Unit Price
Contract
Amount
Previous Total
Quantity Amount
This Period
Quantity Amount
Total -To -Date
Quantity Total
Percent
Complete
Monroe/58 and Ave 50 East of Jefferson
1
Mobilization
1.00
1 LS
$ 25,760.00
25,760.00
0.00
0.00%
2
Management
4.00
WK
$ 5,500.00
22,000.00
0.00
0.00%
3
T&M Work
1.00
LS
$ 160,376.44
160,376.44
0.00
0.00%
4
Pavement Markings
1.00
LS
$ 10,000.00
10,000.00
0.00
0.00%
0.00
ivinLurnirc Ui 11ems
CONTRACT CHANGE ORDERS
P Z10,130.44
au.uu
au.uu
au.uu I I
Item
Contract Change Order
Description Quantity Unit Unit Price
CCO
Amount
Previous Total
Quantity Amount
This Period
Quantity Amount
Total -To -Date
Quantity Total
Percent
Complete
SUBTOTAL CONTRACT CHANGE ORDER
TOTAL CONTRACT & CCO(S)
$ -
$ 218,136.44
$ -
$0.00
$ -
$0.00
$ - $ -
$0.00
G ITE'M
Pay Estimate
Date: 10/3/2023
Job Description: Job No. 1300610
To: CITY OF LA QUINTA, CALIFORNIA EMERGENCY WORK 1
78495 CALLE TAMPICO
Work Completed
LA QUINTA, CA 92253 Through: July 30, 2023
Attn: Ubaldo Ay6n
Item
Description
Contract
Quantity Units Unit Price
Contract
Amount
Previous Total
Quantity Amount
This Period
Quantity Amount
Total -To -Date
Quantity Total
Percent
Complete
Ave 62 and SilverRock
1
Mobilization
1.00
LS
$ 25,760.00
25,760.001
0.00
1
1
0.00%
2
Management
4.00
WK
$ 5,500.00
22,000.00
0.00
0.00%
3
T&M Work
1.00
LS
$ 326,991.34
326,991.34
0.00
0.00%
4
Pavement Markings
1.00
LS
$ 10,000.00
10,000.00
0.00
0.00
0.00
IVIALwnircraci hems
CONTRACT CHANGE ORDERS
IN saa,io,sa
yu.uu au.uu
au.uu I I
Item
Contract Change Order
Description Quantity Unit Unit Price
CCO
Amount
Previous Total
Quantity Amount
This Period
Quantity Amount
Total -To -Date
Quantity Total
Percent
Complete
SUBTOTAL CONTRACT CHANGE ORDER
TOTAL CONTRACT & CCO(S)
$ -
$ 384,751.34
$ - $ -
$0.00 $0.00
$ - $ -
$0.00
G ITE'M
Pay Estimate
Date: 10/3/2023
Job Description: Job No. 1300610
To: CITY OF LA QUINTA, CALIFORNIA EMERGENCY WORK 1
78495 CALLE TAMPICO
Work Completed
LA QUINTA, CA 92253 Through: July 30, 2023
Attn: Ubaldo Ay6n
Item
Description
Contract
Quantity Units Unit Price
Contract
Amount
Previous Total
Quantity Amount
This Period
Quantity Amount
Total -To -Date
Quantity Total
Percent
Complete
Washington South of 47
1
Mobilization
1.00
LS
$ 12,880.00
12,880.00
0.00
0.00%
2
Management
1.00
WK
$ 5,500.00
5,500.00
0.00
0.00%
3
T&M Work
1.00
LS
$ 80,416.25
80,416.25
0.00
0.00%
4 Pavement Markings 1.00 LS $ 10,000.00 10,000.00 0.00
TOTAL CONTRACT ITEMS $ 108,796.25 $0.00 $0.00 $0.00
0.00%
CONTRACT CHANGE ORDERS
Unit Unit Price
SUBTOTAL CONTRACT CHANGE ORDER
TOTAL CONTRACT & CCO(S)
Amount I Quantity Amount I Quantity Amount I Quantity Total
$ 108,796.25 $0.00 $0.00 $0.00
G ITE'M
Pay Estimate
Date: 10/3/2023
Job Description: Job No. 1300610
To: CITY OF LA QUINTA, CALIFORNIA EMERGENCY WORK 1
78495 CALLE TAMPICO
Work Completed
LA QUINTA, CA 92253 Through: July 30, 2023
Attn: Ubaldo Ay6n
Item
Description
Contract
Quantity Units Unit Price
Contract
Amount
Previous Total
Quantity Amount
This Period
Quantity Amount
Total -To -Date
Quantity Total
Percent
Complete
Washington Asphalt Settlement (Theater)
1
Mobilization
1.00
LS
$ 12,880.00
12,880.001
0.00
1
1
0.00%
2
Management
4.00
WK
$ 5,500.00
22,000.00
0.00
0.00%
3
T&M Work
1.00
LS
$ 180,584.08
180,584.08
0.00
0.00%
4
Pavement Markings
1.00
LS
$ 10,000.00
10,000.00
0.00
0.00
0.00
TOTAL CONTRACT ITEMS
$
225,464.08
$0.00
$0.00
$0.00
CONTRACT CHANGE ORDERS
Contract Change Order
CCO
Previous Total
This Period
Total -To -Date
Percent
Item
Description
Quantity Unit Unit Price
Amount
Quantity Amount
Quantity Amount
Quantity Total
Complete
SUBTOTAL CONTRACT CHANGE ORDER
$
-
$ -
$ -
$ - $ -
TOTAL CONTRACT & CCO(S)
$
225,464.08
$0.00
$0.00
$0.00
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 Four Hundred Seventy -Nine Thousand
Twenty -Three Dollars and Forty Cents ($479,023.40) ("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 1 of 1
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.
Exhibit C
Page 1 of 1
None
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
Exhibit E
Insurance Requirements
1.0 INDEMNIFICATION
Except for the gross negligence or willful misconduct of an Indemnified Party
(as hereinafter defined), the Contractor hereby assumes liability for and agrees
to defend (at Indemnified Parties' option), indemnify, protect and hold
harmless City and its Project Consultants, and Engineers, officers, agents, and
employees ("Indemnified Parties") from and against any and all claims,
charges, damages, demands, actions, proceedings, losses, stop notices, costs,
expenses (including counsel fees), judgments, civil fines and penalties,
liabilities of any kind or nature whatsoever, which may be sustained or suffered
by or secured against the Indemnified Parties arising out of or encountered in
connection with this Contract or the performance of the Work including, but
not limited to, death of or bodily or personal injury to persons or damage to
property, including property owned by or under the care and custody of City,
and for civil fines and penalties, that may arise from or be caused, in whole or
in part, by any negligent or other act or omission of Contractor, its officers,
agents, employees or Subcontractors including, but not limited to, liability
arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any
act, omission, neglect, or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under
or pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply
with any of the terms or conditions of this Contract or any applicable
federal, state, regional, or municipal law, ordinance, rule or regulation;
and
5. The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub -subsections (1), (2), (3), and (4), existing
or conducted upon or arising from the use or occupation by Contractor
on any other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss
suffered by City including but not limited to damage to or loss of City property,
to the extent not insured by City and loss of City revenue from any source,
caused by or arising out of the conditions, operations, uses, occupations, acts,
omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and
(5).
Exhibit E
Page 1 of 9
Contractor's obligations under this Section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice,
cost expense, judgment, civil fine or penalty, or liability was caused in part or
contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this
Contract, Contractor shall not be required to indemnify and hold harmless City
for liability attributable to the active negligence of City, provided such active
negligence is determined by Contract between the parties or by the findings of
a court of competent jurisdiction. In instances where City is shown to have
been actively negligent and where City's active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that
entire portion or percentage of liability not attributable to the active negligence
of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every
subcontractor or any other person or entity involved by, for, with or on behalf
of Contractor in the performance of this Contract. In the event Contractor fails
to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth here is
binding on the successors, assigns or heirs of Contractor and shall survive the
termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that
the Indemnified Parties may have under the law or under any other Contract
Documents or Agreements. In the event of any claim or demand made against
any party which is entitled to be indemnified hereunder, City may, in its sole
discretion, reserve, retain or apply any monies to the Contractor under this
Contract for the purpose of resolving such claims; provided, however, City may
release such funds if the Contractor provides City with reasonable assurance
of protection of the Indemnified Parties' interests. City shall, in its sole
discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor
or subcontractors from liability under Section 1340-1.0, Indemnification. The
City will not be liable for any accident, loss, or damage to the work prior to its
completion and acceptance.
Exhibit E
Page 2 of 9
2.0 INSURANCE REQUIREMENTS
2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor
will maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If
that existing coverage does not meet the requirements set forth here, it will
be amended to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this Contract and which is applicable to a given
loss, will be available to City.
Contractor shall submit coverage verification for review and approval by the
City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued,
and the Contractor shall not commence work, until such insurance has been
approved by the City. The Contractor shall not allow any subcontractors to
commence work on its subcontract until all similar insurance required of the
subcontractor has been obtained and verified by Contractor. Such insurance
shall remain in full force and effect at all times during the prosecution of the
Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain
such insurance as required by Paragraph 1340-2.0 INSURANCE
REQUIREMENTS.
Contractor shall provide the following types and amounts of insurance:
2.2 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)
$5,000,000 (per occurrence)
$5,000,000 (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)
Exhibit E
Page 3 of 9
Personal Auto Declaration Page if applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation 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 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.
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against
acts, errors or omissions of the Contracting Party and "Covered Professional
Services" as designated in the policy must specifically include work performed
under this agreement. The policy limit shall be no less than $1,000,000 per
claim and in the aggregate. The policy must "pay on behalf of" the insured
and must include a provision establishing the insurer's duty to defend. The
policy retroactive date shall be on or before the effective date of this
agreement.
Exhibit E
Page 4 of 9
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.
2.3 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() which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise of 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.
Exhibit E
Page 5 of 9
2.4 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:
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.
Exhibit E
Page 6 of 9
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of 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
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.
Exhibit E
Page 7 of 9
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 or not 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/or additional insured endorsement
as required in these specifications 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.
Exhibit E
Page 8 of 9
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.
2.5 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in
terms and conditions and/or reduction in the coverage of any nature to the insurance
policies. The notice shall be sent to:
Jon McMillen, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Exhibit E
Page 9 of 9
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
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.
Exhibit F
Page 1 of 2
d. Indemnification Provision for Desian Professionals.
1. Applicability of this Section F.1(d). 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.
Exhibit F
Page 2 of 2
Exhibit G
Terms and Conditions Applicable to Agreement Based On Federal Assistance
(Federal Emergency Management Agency - FEMA)
G.1 Incorporation into Agreement. Notwithstanding any terms or
conditions in the Agreement (which includes Exhibits A-F attached hereto) to
the contrary, and subject to contractual construction consistent with
Sections G.2 and G.3 herein, the following terms and conditions in this
Exhibit G shall apply and be of full force and effect to Contracting Party
(periodically also referred to in this Exhibit G as the "Vendor," "vendor,"
"Contractor" or "contractor").
G.2 General FEMA Requirements. FEMA financial assistance will be used
to fund all or a portion of the Agreement (periodically also referred to in this
Exhibit G as the "Contract" or "contract"). The Contracting Party shall comply
with all federal requirements including, but not limited to, the following:
1. 2 C.F.R. Part 200 - Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, which is
expressly incorporated herein by reference.
2. Federal Contract Provisions attached herein as this Exhibit G and
incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all
of the provisions stipulated in the Agreement, including but not limited to,
2 C.F.R. Part 200 and the Federal Contract Provisions.
With respect to any conflict between such federal requirements and the
terms of this contract and/or the provisions of state law and except as
otherwise required under federal law or regulation, the more stringent
requirement shall control.
During the performance of the Agreement, Contracting Party shall comply
with all applicable federal laws and regulations including but not limited to the
federal contract provisions in this Exhibit. In this Exhibit, the terms "Agency"
or "administering agency" shall mean the City as the local agency entering
into the Agreement with the Contracting Party.
Exhibit G
Page 1 of 18
A. LEGAL, CONTRACTUAL, AND ADMINISTRATIVE REMEDIES
FOR BREACH OF CONTRACT
Enforcement of the Agreement shall be in accordance with SECTION 8 of
the Agreement, and City and Contracting Party shall be governed by those
terms and conditions for notices of default, breach, and rights and remedies
therein provided. In addition to the terms and conditions in SECTION 8 of the
Agreement, the legal, contractual, and administrative remedies for breach of
contract in this Section G.2(A) of this Exhibit G may be applicable, as set forth
below.
(i) Contract Interpretation by the Contract Officer. Questions regarding
the meaning and intent of the Agreement shall be referred in writing by the
Contracting Party to the Contract Officer for the City. The Contract Officer
shall respond to the Contracting Party in writing with a decision. If the
Agreement does not specify a Contract Officer, or if the specified Contract
Officer should not be involved in resolving contractual disputes based on the
reasonable discretion of the City Manager, then the City Manager or City
Manager's authorized designee shall be the 'Contract Officer" for purposes of
this Exhibit G.
(ii) Claims. Submission of a claim, properly certified, with all required
supporting documentation, and written rejection or denial of all or part of the
claim by the City, is a condition precedent to any action, proceeding, litigation,
suit or demand for arbitration by the Contracting Party.
(iii) Notice. If the Contractor disagrees with the Contract Officer's
decision in Section G.2(A)(i) above, or in any case where the Contracting Party
deems additional compensation or a time extension to the Agreement period
is due for work or materials not covered in the Agreement or which the
Contract Officer has not recognized as extra work, the Contracting Party shall
notify the Contract Officer, in writing, of his intention to make a claim. Claims
pertaining to decisions provided in Section G.2(A)(i) above shall be filed in
writing to the Contract Officer within five (5) days of receipt of such decision.
All other claims notices for extra work shall be filed in writing to the Contract
Officer prior to the commencement of such work. Written notice shall use the
words "Notice of Potential Claim." Such Notice of Potential Claim shall state
the circumstances and the reasons for the claim, but need not state the
amount. No claim filed after the date of final payment will be considered.
It is agreed that unless notice is properly given, the Contracting Party
shall not recover costs incurred as a result of the alleged extra work, changed
work or other situation which had proper notice been given would have given
rise to a right for additional compensation. The Contracting Party should
understand that timely notice of potential claim is of great importance to the
Exhibit G
Page 2 of 18
City, and is not merely a formality. Such notice allows the City to consider
preventative action, to monitor the Contracting Party's increased costs
resulting from the situation, to marshal facts, and to plan its affairs. Such
notice by the Contracting Party, and the fact that the Contract Office has kept
account of the cost as aforesaid, shall not in any way be construed as proving
the validity of the claim.
(iv) Submission of claim costs. Within 30 days after the last cost of work
for which the Contracting Party contends additional compensation is due, but
if costs are incurred over a span of more than 30 days, then within 15 days
after the thirtieth day and every month thereafter, the Contracting Party shall
submit to the Contract Officer the costs incurred for the claimed matter.
Claims shall be made in itemized detail satisfactory to the Contract Officer in
content, detail and format of presentation. If the additional costs are in any
respect not knowable with certainty, they shall be estimated. If the claim is
found to be just, it shall be allowed and paid for as provided for in the
Agreement.
(v) Affidavit required. All claims submitted to the City shall be
accompanied with a type written affidavit containing the following language;
it must be signed, dated, and notarized on the Contracting Party's letterhead:
"I, (must be an officer) , being the (title) of (contractor's
name) , declare under penalty of perjury under the laws of the state
of California, and do personally certify and attest that: I have
thoroughly reviewed the attached claim for additional compensation
and/or extension of time, and know its contents, and said claim is
made in good faith; the supporting data is truthful and accurate; the
amount requested accurately reflects the contract adjustment for
which the contractor believes the City of La Quinta is liable; and
further, that I am familiar with California Penal Code Section 72 and
California Government Code Section 12560, Et Seq, pertaining to
false claims, and further know and understand that submission or
certification of a false claim may lead to fines, imprisonment and/or
other severe legal consequences."
(vi) Claim meetings. From time to time the Contract Officer may call
special meetings to discuss outstanding claims. The Contracting Party shall
cooperate and attend, prepared to discuss outstanding claims, making
available the personnel necessary for claim resolution, and providing
documents reasonably requested by the Contract Officer.
(vii) Resolution of Claims. For all contracts awarded during the effective
dates of Public Contract Code Section 20104, where claims cannot be resolved
between the parties, claims for three hundred and seventy five thousand
Exhibit G
Page 3of18
dollars ($375,000) or less shall be resolved pursuant to the provisions of that
code section, which is summarized in Sections G.2(A)(viii)-(xii) below. For
claims greater than three hundred and seventy five thousand dollars
($375,000) Sections G.2(A)(viii)-(xi) are applicable; however,
Section G.2(A)(xii) [Civil Actions for claims less than $375,000] is not
applicable.
(viii)Claims Less Than $50,000.
(a) For claims of less than fifty thousand dollars ($50,000), the
Contract Officer shall respond in writing to written claims within
45 days of receipt of the claim in Section G.2(A)(ii), or may
request, in writing, within 30 days of receipt of the claim, any
additional documentation supporting the claim or relating to
defenses or claims the City may have against the Contracting
Pa rty.
(b) If additional information is thereafter required, it shall be
requested and provided pursuant to this section, upon mutual
agreement of the City and the Contracting Party.
(c) The Contract Officer's written response to the claim, as further
documented, shall be submitted to the Contractor within 15
days after receipt of the further documentation or within a
period of time no greater than that taken by the Contractor in
producing the additional information, whichever is greater.
(ix) Claims Greater Than $50,000.
(a) For claims of over fifty thousand dollars ($50,000), the
Contract Officer shall respond in writing to all written claims
within 60 days of receipt of the claim in Section G.2(A)(ii), or
may request, in writing, within 30 days of receipt of the claim,
any additional documentation supporting the claim or relating
to defenses or claims the City may have against the
Contracting Party.
(b) If additional information is thereafter required, it shall be
requested and provided pursuant to this paragraph, upon
mutual agreement of the City and the Contracting Party.
(c) The Contract Officer's written response to the claim, as further
documented, shall be submitted to the Contracting Party within
30 days after receipt of the further documentation, or within a
period of time no greater than that taken by the Contracting
Exhibit G
Page 4of18
Party in producing the additional information or requested
documentation, whichever is greater.
(x) Claim Conference. If the Contracting Party disputes the Contract
Officer's written response, or if the Contract Officer fails to respond within the
time prescribed, the Contracting Party may so notify the City, in writing, either
within 15 days of receipt of the Contract Officer's response or within 15 days
of the Contract Officer's failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and confer for
settlement of the issues in dispute. Upon a demand, the City shall schedule
a meet and conference within 30 days for settlement of the dispute.
(xi) Claim Filing. If the claim or any portion remains in dispute after the
claim conference noted in Section G.2(A)(x) [Claim Conference], the
Contracting Party may file a claim pursuant to Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code. For purposes of those
provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the Contracting Party submits his or her written
claim pursuant to Section G.2(A)(ii) [Claims] until the time the claim is denied,
including any period of time utilized in the meet and confer process.
(xii) Civil Actions for Claims Less Than $375,000. The following
procedures are established for all civil actions filed to resolve claims for less
than three hundred seventy five thousand dollars ($375,000):
(a) Within 60 days, but no earlier than 30 days, following the filing
or responsive pleading, the court shall submit the matter to
non -binding mediation unless waived by mutual stipulation of
both parties. The mediation process shall provide for the
selection within 15 days by both parties of a disinterested third
person as mediator, shall be commenced within 30 days of the
submittal, and shall be concluded within 15 days from the
commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
(b) If the matter remains in dispute, the case shall be submitted
to judicial arbitration pursuant to Chapter 2.5 (commencing
with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that Code. The
Civil Discovery Act of 1986 (Article 3 (commencing with Section
2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial
arbitration.
Exhibit G
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(c) In addition to Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators
shall, when possible, be experienced in federal and state law
relevant to the scope of services and obligations under this
Agreement, and (B) any party appealing an arbitration award
who does not obtain a more favorable judgment shall, in
addition to payment of costs and fees under the chapter, also
pay the attorney's fees on appeal of the other party.
(xiii)Unresolved Issues. Unless this Agreement provides otherwise, all
claims, counterclaims, disputes, and other matters in question between the
City and the Contracting Party that are not resolved between the City and the
Contracting Party shall be decided by a court of competent jurisdiction. Should
either party to this Agreement bring legal action against the other, the case
shall be handled in Riverside County, California, in a court of competent
jurisdiction in that county.
(xiv)Records of Disputed Work. In proceeding with a disputed portion of
the Scope of Work, the Contracting Party shall keep accurate records of its
costs and shall make available, to the Contract Officer, a daily summary of the
hours and classification of equipment and labor utilized on the disputed work,
as well as a summary of any materials or any specialized services which are
used. Such information shall be submitted to the Contract Officer on a
monthly basis, receipt of which shall not be construed as an authorization for
or acceptance of the disputed work.
B. TERMINATION FOR CAUSE AND CONVENIENCE
Enforcement of the contract shall be in accordance with SECTION 8 of the
Agreement, and City and Contracting Party shall be governed by those terms
and conditions for termination for cause (Section 8.8) and termination for
convenience (Section 8.7). In addition to the terms and conditions in
SECTION 8 of the Agreement, the termination for cause and convenience in
this Section G.2(B) of this Exhibit G may be applicable, as set forth below.
(i) General Guidance for FEMA Contracts. If the Agreement is in excess
of $10,000 and the Agreement does not include provisions for both
termination for cause and termination for convenience by the City, including
the manner by which it will be effected and the basis for settlement, then the
following termination clauses shall apply. If the Agreement is for more than
the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the
Agreement is executed and does not provide for administrative, contractual,
or legal remedies in instances where Contracting Party violates or breaches
the terms of the Agreement, then the following termination clauses shall apply
and have precedence over the Agreement. Otherwise, the following
Exhibit G
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termination clauses in this Section G.2(B)(ii)-(v) shall not be applicable to the
Agreement.
(ii) Termination for Convenience. The City may, by written notice to
Contracting Party, terminate this Agreement for convenience, in whole or in
part, at any time by giving written notice to Contracting Party of such
termination, and specifying the effective date thereof ("Notice of Termination
for Convenience"). If the termination is for the convenience of the City, the
City shall compensate Contracting Party for work or materials fully and
adequately provided through the effective date of termination. No amount
shall be paid for unperformed work or materials not provided, including
anticipated profit. Contracting Party shall provide documentation deemed
adequate by the City to show the work actually completed or materials
provided by Contracting Party prior to the effective date of termination. This
Agreement shall terminate on the effective date of the Notice of Termination.
(iii) Termination for Cause. If Contracting Party fails to perform pursuant
to the terms of this Agreement, the City shall provide written notice to
Contracting Party specifying the default ("Notice of Default"). If Contracting
Party does not cure such default within ten (10) calendar days of receipt of
Notice of Default, the City may terminate this Agreement for cause. If
Contracting Party fails to cure a default as set forth above, the City may, by
written notice to Contracting Party, terminate this Agreement for cause, in
whole or in part, and specifying the effective date thereof ("Notice of
Termination for Cause"'). If the termination is for cause, Contracting Party
shall be compensated for that portion of the work or materials provided which
has been fully and adequately completed and accepted by the City as of the
date the City provides the Notice of Termination. In such case, the City shall
have the right to take whatever steps it deems necessary to complete the
project and correct Contracting Party's deficiencies and charge the cost
thereof to Contracting Party, who shall be liable for the full cost of the City's
corrective action, including reasonable overhead, profit and attorneys' fees.
(iv) Reimbursement; Damages. The City shall be entitled to
reimbursement for any compensation paid in excess of work rendered or
materials provided and shall be entitled to withhold compensation for defective
work or other damages caused by Contracting Party's performance of the
work.
(v) Additional Termination Provisions. Upon receipt of a Notice of
Termination, either for cause or for convenience, Contracting Party shall
promptly discontinue the work unless the Notice directs to the contrary.
Contracting Party shall deliver to the City and transfer title (if necessary) to
all provided materials and completed work, and work in progress including
Exhibit G
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drafts, documents, plans, forms, maps, products, graphics, computer
programs and reports. The rights and remedies of the parties provided in this
Section G.2(B) are in addition to any other rights and remedies provided by
law or under this Agreement. Contracting Party acknowledges the City's right
to terminate this Agreement with or without cause as provided in this
Section G.2(B), and hereby waives any and all claims for damages that might
arise from the City's termination of this Agreement. The City shall not be
liable for any costs other than the charges or portions thereof which are
specified herein. Contracting Party shall not be entitled to payment for
unperformed work or materials not provided, and shall not be entitled to
damages or compensation for termination of work or supply of materials. If
City terminates the Agreement for cause, and it is later determined that the
termination for cause was wrongful, the termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contracting Party shall be entitled to receive only the amounts payable under
this Section G.2(B), and Contracting Party specifically waives any claim for
any other amounts or damages, including, but not limited to, any claim for
consequential damages or lost profits. The rights and remedies of the City
provided in this Section G.2(B) shall not be exclusive and are in addition to
any other rights and remedies provided by law, equity or under the Agreement
including, but not limited to, the right to specific performance.
C. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the Agreement ('contract"), the Contracting
Party ("contractor") agrees as follows:
(i) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this
nondiscrimination clause.
(ii) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all qualified
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applicants will receive considerations for employment without regard to race,
color, religion, sex, or national origin.
(iii) The contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
(iv) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, a notice to be provided advising the said labor union or
workers' representatives of the contractor's commitments under this
Section G.2(C), and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(v) The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(vi) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to books, records, and accounts by the City ("administering agency") and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(vii) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts
in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
Exhibit G
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(viii)The contractor will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (viii) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for
noncompliance; Provided, That in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United
States. The contractor further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work; Provided, That if the
contractor so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under
the contract. The contractor agrees that it will assist and cooperate actively
with the administering agency and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal opportunity
clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance,
and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance. The contractor
further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant
to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive Order. In addition, the
contractor agrees that if it fails or refuses to comply with these undertakings,
the administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part a grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the contractor
under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such
contractor; and refer the case to the Department of Justice for appropriate
legal proceedings.
Exhibit G
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D. DAVIS-BACON ACT
During the performance of the Agreement ('contract"), the Contracting
Party ("contractor") agrees as follows:
(i) All transactions regarding this contract shall be done in compliance
with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the
requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall
comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of
29 C.F.R. pt. 5 as applicable.
(ii) Contractors are (and the contractor is) required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor.
(iii) Additionally, contractors are (and the contractor is) required to pay
wages not less than once a week.
E. COPELAND ANTI -KICKBACK ACT
During the performance of the Agreement ('contract"), the Contracting
Party ("contractor") agrees to comply with the Copeland Anti -Kickback Act, as
follows:
(i) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3, as may be applicable,
which are incorporated by reference into this contract.
(ii) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with all of these contract clauses.
(iii) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
During the performance of the Agreement ("contract"), the Contracting
Party ('contractor") agrees to comply with the Contract Work Hours and
Safety Standards Act, as follows:
Exhibit G
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(i) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment
of laborers or mechanics shall require or permit any such laborer or mechanic
in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in Section G.2(F)(i) above, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable
to the United States (in the case of work done under contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in Section G.2(F)(i) above, in the sum of $27
for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in Section G.2(F)(i)
above.
(iii) Withholding for unpaid wages and liquidated damages. The City,
shall upon its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in Section G.2(F)(i)
above.
(iv) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in Sections G.2(F)(i)-(iv) and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in
Sections G.2(F)(i)-(iv).
Exhibit G
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G. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION
CONTROL ACT
During the performance of the Agreement ('"contract"), the Contracting
Party ("'contractor") agrees as follows:
(i) Clean Air Act
(a) The contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq.
(b) The contractor agrees to report each violation to the City and
understands and agrees that the City will, in turn, report each
violation as required to assure notification to the Federal
Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(c) The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part
with Federal assistance provided by FEMA.
(ii) Federal Water Pollution Control Act
(a) The contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(b) The contractor agrees to report each violation to the City and
understands and agrees that the City will, in turn, report each
violation as required to assure notification to the Federal
Emergency.
(c) The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part
with Federal assistance provided by FEMA.
H. DEBARMENT AND SUSPENSION
During the performance of the Agreement ('"contract"), the Contracting
Party ("contractor") agrees as follows:
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt.
180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that
none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its
Exhibit G
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affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by
City. If it is later determined that the contractor did not comply with 2 C.F.R.
pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to City, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
(iv) Any bidder or proposer agrees to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while any offer is
valid and throughout the period of any contract that may arise from an offer
subject to the requirements of this Exhibit G. The bidder or proposer further
agrees to include a provision requiring such compliance in its lower tier
covered transactions.
I. BYRD ANTI -LOBBYING AMENDMENT
During the performance of the Agreement ('contract"), the Contracting
Party ("contractor") agrees as follows:
(i) Contractors who apply or bid for an award of $100,000 or more shall
file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. § 1352.
(ii) Each tier must also disclose any lobbying with non -Federal funds
that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the awarding agency.
(iii) If applicable, contractors must sign and submit to the City (the non-
federal entity) the following certification:
APPENDIX A, 44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements.
Exhibit G
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The undersigned certifies, to the best of his or her knowledge and
belief, that:
1. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form- LLL, 'Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this
certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person
who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Contractor, , certifies or
affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. § 3801
et seq., apply to this certification and disclosure, if any.
Exhibit G
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Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
J. PROCUREMENT OF RECOVERED MATERIALS
During the performance of the Agreement ('contract"), the Contracting
Party ("contractor") agrees as follows:
(i) In the performance of this contract, the contractor shall make
maximum use of products containing recovered materials that are EPA -
designated items unless the product cannot be acquired —
(a) Competitively within a timeframe providing for compliance with
the contract performance schedule;
(b) Meeting contract performance requirements; or
(c) At a reasonable price.
(ii) Information about this requirement, along with the list of EPA -
designate items, is available at EPA's Comprehensive Procurement Guidelines
web site, https://www.epa.gov/smm/comprehensive-procurement-quideline-
cpq-program.
(iii) The Contractor also agrees to comply with all other applicable
requirements of Section 6002 of the 'Solid Waste Disposal Act."
K. ACCESS TO RECORDS
The following access to records requirements apply to the Agreement
("contract"):
(i) The Contractor agrees to provide City, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts, and transcriptions.
Exhibit G
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(ii) The Contractor agrees to permit any of the foregoing parties to
reproduce by any means whatsoever or to copy excerpts and transcriptions
as reasonably needed.
(iii) The Contractor agrees to provide the FEMA Administrator or
authorized representatives access to construction or other work sites
pertaining to the work being completed under the contract.
(iv) In compliance with the Disaster Recovery Act of 2018, the City and
Contractor acknowledge and agree that no language in this contract is
intended to prohibit audits or internal reviews by the FEMA Administrator or
the Comptroller General of the United States.
L. DHS SEAL, LOGO, AND FLAGS
The contractor shall not use the U.S. Department of Homeland Security
(DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FEMA pre -approval.
M. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND
EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used
to fund all or a portion of the contract. The contractor will comply with all
applicable Federal law, regulations, executive orders, FEMA policies,
procedures, and directives.
N. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject
to any obligations or liabilities to the non -Federal entity, contractor, or any
other party pertaining to any matter resulting from the contract.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
OR RELATED ACTS
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to the contractor's actions
pertaining to this contract.
G.3 Irreconcilable Terms and Conditions - Exhibit G Governs; All Other
Terms and Conditions Applicable and Enforceable to the Maximum Extent. If
any term or condition in the Agreement (which includes Exhibits A-F attached)
is directly and irreconcilably inconsistent with a term or condition set forth in
this Exhibit G, where a term or condition cannot be concurrently applied to
the Scope of Services in furtherance of the Contracting Party's performance
Exhibit G
Page 17 of 18
of this Agreement, then the term or condition in this Exhibit G shall apply.
Except as provided in the preceding sentence, all terms and conditions in the
Agreement shall continue to be in full force and effect, and applied along with
the terms and conditions in this Exhibit G, to the maximum extent possible so
as to give force and effect to each and every term and condition in the
Agreement including this Exhibit G.
Exhibit G
Page 18 of 18
44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of
its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31
U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
1. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows.
(1) The Contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of
the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or
charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by
the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or
workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in
part and the Contractor may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: Provided, That if the City so
participating is a State or local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or under the contract.
The City agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of
the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as
they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in
the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated
eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D
of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings,
the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory assurance of future
compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate
legal proceedings.
2. Compliance with Contract Work Hours and Safety Standards Act
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of
this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined
to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
3. Clean Air Act
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act, as amended, 42 U.S.C. § 7401 et seq.
The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn,
report each violation as required to assure notification to the Federal Emergency Management Agency, and the
appropriate Environmental Protection Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in
part with Federal assistance provided by FEMA.
4. Federal Water Pollution Control Act
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn,
report each violation as required to assure notification to the Federal Emergency Management Agency, and the
appropriate Environmental Protection Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in
part with Federal assistance provided by FEMA.
5. Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor
is required to verify that none of the Contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined
at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by City. If it is later determined that the Contractor
did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available
to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or
debarment.
The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor
further agrees to include a provision requiring such compliance in its lower tier covered transactions.
6. Procurement of Recovered Materials
In the performance of this contract, the Contractor shall make maximum use of products containing recovered
materials that are EPA -designated items unless the product cannot be acquired-
1. Competitively within a timeframe providing for compliance with the contract performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA- designated items, is available at EPA's
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-
guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste
Disposal Act."
7. Access to Records
The Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or
any of their authorized representatives access to any books, documents, papers, and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction
or other work sites pertaining to the work being completed under the contract.
In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no
language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the
Comptroller General of the United States.
8. DHS Seal, Logo, and Flags
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre -approval.
9. Compliance with Federal Law, Regulations, and Executive Orders
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The
Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures,
and directives.
10. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -
Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
11. Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Contractor's actions pertaining to this contract.
CONSENT CALENDAR ITEM NO. 9
City of La Quinta
CITY COUNCIL MEETING:
STAFF REPORT
AGENDA TITLE: APPROPRIATE FUNDING AND APPROVE AGREEMENTS FOR
CONTRACT SERVICES WITH GRANITE CONSTRUCTION COMPANY FOR SEVERAL
EMERGENCY ROAD REPAIRS THROUGHOUT THE CITY, PROJECT NO. 2023-20
RECOMMENDATION
Appropriate $750,000 and approve Agreements for Contract Services with Granite
Construction Company for emergency road repairs of unexpected substantial pavement sink
holes throughout the City; and authorize the City Manager to execute the agreements and
approve future change orders within the projects' budget amounts.
EXECUTIVE SUMMARY
• Several emergency road repairs were identified, one in August 2023 and additional
ones following Tropical Storm Hilary and the rainstorm immediately thereafter, which
were completed by Granite Construction Company (Granite).
• In accordance with the City's Purchasing and Contracting Policy (Policy), the City
Manager or designee has the authority to make immediate purchases of goods and
services in the event of an emergency, and Council shall ratify emergency
procurement and spending.
• The City is currently seeking State and Federal Funding to supplement the
emergency repair costs.
FISCAL IMPACT
Project No. 2023-20 is not part of the City's Capital Improvement Program (CIP). Funding is
requested in the amount of $750,000 from the General Fund to supplement the Road
Repairs account (201-7003-72111). Project No. 2023-20 will be used to track expenses for
emergency repairs related to Tropical Storm Hilary and to request state and federal
reimbursement, if and when it becomes available. The following is the requested project
budget:
Total Budget
Construction 1: Washington St, north of Avenue 47
$
161,240
Construction 2: Multiple sink holes following Tropical Storm Hilary
$
479,023
Contingency:
$
109,737
Total Budget:
$
750,000
.•
BACKGROUND/ANALYSIS
Granite was awarded the contracts for Avenue 50 and Avenue 52 Pavement Rehabilitation
Project Nos. 2022-01 and 2022-14 and Fred Waring Drive Pavement Rehabilitation Project
No. 2022-03, following a competitive bidding process.
A large sink hole, 12 ft. by 80 ft. and 5 ft. deep, developing north bound on Washington
Street, north of Avenue 47, along the east side of the road near the gutter pan (Attachment
1), needed emergency repair as it was posing immediate threat to life or property. The City
executed an emergency Agreement for Contract Services in the amount of $161,239.51 on
August 16, 2023, with Granite (Attachment 2).
Due to Tropical Storm Hilary and the rainstorm immediately thereafter, multiple sink holes
appeared throughout the City (Attachment 1) that required emergency repairs; the locations
are as follows:
Monroe Street, south of Avenue 58 and Avenue 50, east of Jefferson Street;
Avenue 62 and SilverRock Way; and
Washington Street, South of Avenue 47.
An Agreement for Contract Services is enclosed as Attachment 3 for these repairs, which
have been completed.
Since Granite was already doing road work in the areas needing the emergency repairs,
Granite was tasked with completing the emergency work in between projects.
In accordance with the City's Policy, Resolution No. 2023-008, Council shall ratify
emergency procurement and spending. Pursuant to the Policy, the City Manager or
designee has the authority to make immediate purchases of goods and services in the event
of an emergency, to prevent imminent danger or to prevent or mitigate the loss or impairment
of life, health, property, or essential public services; and the City is not required to engage
in either formal or informal competitive bidding in an emergency.
The City is currently seeking State and Federal Funding to supplement the emergency repair
costs.
ALTERNATIVES
As these road repairs are necessary to provide quality and safe essential public
infrastructure, staff does not recommend an alternative.
Prepared by: Carley Escarrega, Administrative Technician
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Agreement with Granite for Washington St, north of Avenue 47 Sink Hole
3. Agreement with Granite for additional sink holes
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