2024-25 TY Lin International - Seismic & Structural Engineering Services Proj 2019-01MEMORANDUM C(vQa�tra
DATE: June 5, 2024 --------
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Administrative Technician
RE: TY Lin International - Professional Structural & Seismic Engineering for Project no.
2019-01
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 .June 4, 2024 Consent No. 3
QCity 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):
E] Bid F-1 RFP F-1 RFQ F-1 3 written informal bids
QSole Source z Select Source 1-1 Cooperative Procurement
Reauestina deuartment shall check and attach the items below as auurouriate:
✓Q Agreement payment will be charged to Account No.: 401-0000-60185-201901-D
W-1 Agreement term: Start Date June 10, 2024 End Date July 30, 2025
Amount of Agreement, Amendment, Change Order, etc.. $ 25,000
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
J -L Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Oscar Mojica Date: 6/5/2024
NOTE:
a
1r l
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 -0108525 Expires: 3/31/2025
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 TY Lin International, a Corporation ("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 Professional Structural Engineering
Services for the Cultural Campus Project 2019-01, as specified in the "Scope of Services"
attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services").
Contracting Party represents 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.
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, NAI Consulting, and Rutan & Tucker LLP.,
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 represents 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 shall perform its obligations
and Services in a manner consistent with the standard of care and skill ordinarily
exercised by members of the profession practicing under similar conditions in the
geographic vicinity and at the time the Services are performed (the "Standard of Care")."
Contracting Party's work will be held to the Standard of Care. 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,
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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 2.4 of this Agreement.
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 based on fixed fee not to exceed
amount in accordance with "Exhibit B" (the "Schedule of Compensation") in an amount
not to exceed twenty-five thousand dollars 25 000) (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 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 If any undisputed payment is more than thirty (30) days late,
Contracting Party shall (i) provide notice of late payment to the City, and (ii) if the relevant
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payment is not made within thirty (30) days of receipt of such late notice, Contracting
Party shall have the option to suspend its provision of Services. A finance charge shall
be assessed on the due, but unpaid amount for each day of a month that any undisputed
amount remains unpaid beyond thirty (30) days after the date of the invoice is received
by the City, at the rate of eighteen percent (18%) per annum.
2.4 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer, or assigned designee, pursuant to Section
1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and
Contracting Party in advance of the Additional Services being rendered by Contracting
Party. Any compensation for Additional Services amounting to five percent (5%) or less
of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be 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
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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 June 10, 2024,
contingent upon approval by City, and Contracting Party shall commence work after
notification to proceed by City's Contract Officer. The agreement shall terminate on
June 30, 2025 unless extended by an Amendment to this Agreement. Contracting
Party is advised that any recommendation for Agreement award is not binding
on City until the Agreement is fully executed and approved by City.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party ("Principals") are hereby designated as being the principals and
representatives of Contracting Party authorized to act in its behalf with respect to the
Services specified herein and make all decisions in connection therewith:
a) Nathan Hicks, Principal
Tel No. 1 (760) 579-9135
E-mail: nathan.hicks@tylin.com
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", shall be Alfred Berumen,
Facilities Management Analyst, 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
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herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
transfer shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Contracting Party, its agents,
or its employees, perform the Services required herein, except as otherwise set forth
herein. City shall have no voice in the selection, discharge, supervision, or control of
Contracting Party's employees, servants, representatives, or agents, or in fixing their
number or hours of service. Contracting Party shall perform all Services required herein as
an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. City shall not in any way or for any
purpose become or be deemed to be a partner of Contracting Party in its business or
otherwise or a joint venture or a member of any joint enterprise with Contracting Party.
Contracting Party shall have no power to incur any debt, obligation, or liability on behalf
of City. Contracting Party shall not at any time or in any manner represent that it or any
of its agents or employees are agents or employees of City. Except for the Contract Sum
paid to Contracting Party as provided in this Agreement, City shall not pay salaries,
wages, or other compensation to Contracting Party for performing the Services hereunder
for City. City shall not be liable for compensation or indemnification to Contracting Party
for injury or sickness arising out of performing the Services hereunder. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary,
Contracting Party and any of its employees, agents, and subcontractors providing services
under this Agreement shall not qualify for or become entitled to any compensation, benefit,
or any incident of employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System ("PERS") as an employee of City and
entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits. Contracting Party agrees to pay all required
taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and
hold City harmless from any and all taxes, assessments, penalties, and interest asserted
against City by reason of the independent contractor relationship created by this
Agreement. Contracting Party shall fully comply with the workers' compensation laws
regarding Contracting Party and Contracting Party's employees. Contracting Party further
agrees to indemnify and hold City harmless from any failure of Contracting Party to
comply with applicable workers' compensation laws. City shall have the right to offset
against the amount of any payment due to Contracting Party under this Agreement any
amount due to City from Contracting Party as a result of Contracting Party's failure to
promptly pay to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents
that it employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information pertinent to
the Services to be performed hereunder which are reasonably available to Contracting
Party only from or through action by City.
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.
Indemnification. To the fullest extent permitted by law, Contracting Party shall
indemnify, protect, and hold harmless City and any and all of its officers, employees,
NAI Consulting, Rutan & Tucker LLP , 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
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thereto and, if Contracting Party is providing design services, the estimated increased or
decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled
checks, reports (including but not limited to payroll reports), studies, or other documents
relating to the disbursements charged to City and the Services performed hereunder (the
"Books and Records"), as shall be necessary to perform the Services required by this
Agreement and enable the Contract Officer, or assigned designee, to evaluate the
performance of such Services. Any and all such Books and Records shall be maintained
in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer, or assigned designee, shall have full and free access to
such Books and Records at all times during normal business hours of City, including the
right to inspect, copy, audit, and make records and 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.
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 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. Contracting Party shall have the right to retain
copies of all Work, re -use the methodologies, techniques and know how utilized
hereunder to perform services for other parties.
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
or Contracting Party shall destroy the records and share certification to that effect with
the City. Contracting Party's covenant under this section shall survive the termination or
expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in accordance with the
laws of the State of California. Legal actions concerning any dispute, claim, or matter
arising out of or in relation to this Agreement shall be instituted in the Superior Court of the
County of Riverside, State of California, or any other appropriate court in such county,
and Contracting Party covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement,
the injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefore. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10) days of service
of such notice and completes the cure of such default within forty-five (45) days after
service of the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to 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
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party may take legal action, at law or at equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the following Section
for termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Contracting Party shall be entitled to compensation for all Services
rendered prior to receipt of the notice of termination and for any Services authorized
by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule
of Compensation or such as may be approved by the Contract Officer, or assigned
designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting
Party shall vacate any City -owned property which Contracting Party is permitted to
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
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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.
9.3 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.
9.4 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.
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To City:
CITY OF LA QUINTA
Attention: Bryan McKinney, PE,
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
TY LIN INTERNATIONAL
Nathan Hicks, PE, SE
404 Camino del Rio South, Ste 700
San Diego, CA 92108
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall constitute
one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding of the
parties. It is understood that there are no oral agreements between the parties hereto
affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements, and understandings, if any, between
the parties, and none shall be used to interpret this Agreement.
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
-13-
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, they are duly authorized to execute and deliver this Agreement on behalf of said
party, 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]
-14-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
SIGNED IN COUNTERPART
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
SIGNED IN COUNTERPART
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
-15-
CONTRACTING PARTY:
By: TYLin
Name: Nathan Hicks
TItle:California Building Sector Manager
By:
Name:
Title:
Digitally signed by Nathan Hicks
DN: C=US, E=nathan.hicks@silman.com,
O=Silman I A TYLin Company,
OU=Building Sector, CN=Nathan Hicks
Date: 2024.05.28 07:03:31-07'00'
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
J cMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
MONIKA RADEVA, C
City of La Quinta, Cal
le rk
is
APPROVED AS TO FORM:
(A J. I(/(, T744e
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
-15-
CONTRACTING PARTY:
By: SIGNED IN COUNTERPART
Name:
Title:
By:
Name:
Title:
Exhibit A
Scope of Services
Services to be Provided:
Based on our conversations and provided documentation we understand that the Lumber
Yard its a two-story building that was built in 1935. It is evened by the City and is about 3,360
gross square feet including both floors. There is currently a connecting corridor and storage
building that are not included in the scope of work as they will be demolished. A Master Plan
was recently completed that intends to incorporate the museum property, Lumber Yard
property and a vacant parcel for a new Cultural Campus. The purpose of the current scope of
work is to conduct a seismic and structural evaluation of the City owned Lumber Yard
Building to identify potential risk and vulnerabilities that may exist and to provide
recommendations or options for mitigating these risk to meet current building standards.
Per conversations the scope of services has been divided up into a limited base scope of
work and then add -alternates should the City find that further investigations are warranted.
Base Scope
Initial Structural Assessment
Strxturaf Investigation & Condition Assessment Survey— TYLin will perform an investigation
to identify the structural systems of the existing building and to evaluate the suitability the
existing conditions. A review of available documents will be followed by a visual surrey of
the odsdng building and its surrounding. A visual survey of accessible elements will be
conducted to characterize the structural components and materials, and to, establish
condition and acceptability of major stru ctura I building elements. Evidence of previous
modifications, material deterioration, deficiencies in structural members or connections,
settlement or foundation problems, or unusual structural features will be noted.
Structurat Analyyis - A building code live load review and floor load capacity analysis will be
performed to verify the capacity of the existing floor structures and bearing elements. TYLin
will perform the structural analysis necessary to verify the as-buifk building structure's ability
to accommodate the proposed new use of the building. In additian, we will perform a very
preliminary seismic analysis to identify, at a high-level, elements that may present a life
safety risk during a design level earthquake.
Structuruf CodeAnatysis —TYLin %WWII do a code structure of the California Building Code
(including Section 304) to identify relevant code sections from a structural perspective. We
will identify various code triggers for both gravity and lateral — along with presenting loading
parameters applica bl e to the building for live loads, wind loads, and seismic loads,
Structuruf Report& Recommendations — lYLinvrill prepare a structural report including the
findings of the above effort. Photographs and possibly sketcheswill be used to describe the
findings of our assessment. Prioritized recommendabonswwill be made regarding structural
retrofit wworkthat is required to bring the building into code compliance. The report will
summarize necessary stabilization, repair, replacement, and/or reinforcement of noted
structural or non-structural building elements necessary to keep the structure as park of the
new Cultural Campus, These recomrrtiendations should help the City better understand the if
the building warrants further investigation or if demolitionjreconstruction is the preferred
approach. Final report will be signed and sealed.
Exhibit A
Page 1 of 9
Potential Future Add -Alternates
Tier 1 &2 Seisinic Assessment
Ff the City determines that further investigation is warrarrted TYLin can perform a Tier land 2
seismic assessments of the building using the ASCE 41 "Seismic Evaluation and Retrofit of
Existing Buildingsy. In Tier 1 there are a series of checklists that identify potential non-
compliant elements. For those items a more in-depth analysis is performed along with some
computer modeling of the building to better understand behavior and what structural and
non-structural elements require retrofit. The ASCE 41 is a performance-based standard,
which means that in consultation with the owner the structural engineer pairs seismic
haaardswith desired performance levels (collapse prevention, life safety, immediate
occupancy, etc,).
Geotechnical I nvesti nation
TYLin can help to define and administer a geotechnical investigation if one has not already
been completed for the site. This could be helpful in refining the seismic parameters for the
project and also estabiishing things like the allowable soil bearing pressure and the lateral
earth pressure that should be used on the site for the. future work envisioned in the tulaster
Plan, The geotechnical consultant is typically contracted directly by the City.
Probes, Non -Destructive Testing & Materials Tests
If warranted, TYUn can he] pto define and administer a Limited program of probes, non-
destructive testi ng and materials tests as required to help address unknowns or refine
assumptions. The work would be done by others, either as a contractor under TYUn, or
directly tr the City.
FeasibilityStudy
TYLin can meet with the City to discuss proposed modifications and future uses of the
Lumber Yard as outlined in the Master Plan and perform a feasibility study of how these
building modifications impact the structure. Alternative structural solutions will be
developed as appropriate, As part of this work TYUn can engage a cost -estimator to start
understanding the rough order of magnitude of various options such as a structural retrofit
compared to a full demD/rebuild. The final report will provide feasibility and cost analysis of
potential building upgrades and improvements compared to new construction. It will also
provide long-term feasibility and upgrade potential to guide the City for space, facility, and
community planning. TYLin will prepare a exhibit level drawings on proposed m.adifications
to the building and prepare cost estimates for proposed work including a estimate to
replace the building. tt is anticipated that there may be at least three options for the
proposed work with corresponding estimates.
Design Phase
TYLin will perform required limited structural analysis to determine loading requirements for
reinforced concrete slab to be repaired and to serve as basis for repair details. Repair
recommendations for the deteriorated underside of slab area will be provided. TYLin will
develop scale plans graphically depicting structural elements. Drawings will include general
and structural notes.
Exhibit A
Page 2 of 9
ASSUMPTIONS
The following assumptions apply to our scope of work.
— Engineering services, for this initial phase will be completed no more than two months
after contract authorization.
— Except where noted above, the project does not include the structural design or
documentation of landscape or site structures outside the footprint of the building such
as retaining walls, pergolas, water features, sidewalk vaults, or storm water detention
structures.
— Significant scope changes shall be an additional service for which TYLin shall be
reasonably compensated.
EKLUSIONS
The following exclusions apply to TYUn's scope of services:
— Code consulting
— Special inspections
— Laboratory testi ng
— Cast estimating
— Geotechnical engineering and borings
— Expediting services
— Labor for making or patching probes
— Value -engineering work based on market forces beyond our control
— Any services riot expressly detailed in this proposal are excluded and would be
considered additional services.
Exhibit A
Page 3 of 9
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or
maintenance affecting real property or structures or improvements of any kind appurtenant
to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing
public works and maintenance projects, as described in this Section 1.3, Contracting Party
shall comply with applicable Federal, State, and local laws. Contracting Party is aware of
the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as
well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the
"Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which
require the payment of prevailing wage rates and the performance of other requirements
on "Public works" and "Maintenance" projects. If the Services are being performed as part
of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing
Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00)
and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars
($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement„
Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but
not limited to, requirements related to the maintenance of payroll records and the
employment of apprentices. Pursuant to California Labor Code Section 1725.5, no
contractor or subcontractor may be awarded a contract for public work on a "Public works"
project unless registered with the California Department of Industrial Relations ("DIR") at
the time the contract is awarded. If the Services are being performed as part of an
applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage
Laws, this project is subject to compliance monitoring and enforcement by the DIR.
Contracting Party will maintain and will require all subcontractors to maintain valid and
current DIR Public Works contractor registration during the term of this Agreement.
Contracting Party shall notify City in writing immediately, and in no case more than twenty-
four (24) hours, after receiving any information that Contracting Party's or any of its
subcontractor's DIR registration status has been suspended, revoked, expired, or
otherwise changed. It is understood that it is the responsibility of Contracting Party to
determine the correct salary scale. Contracting Party shall make copies of the prevailing
rates of per diem wages for each craft, classification, or type of worker needed to execute
the Services available to interested parties upon request, and shall post copies at
Contracting Party's principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and hour laws will
be enforced. Contracting Party must forfeit to City TWENTY FIVE DOLLARS ($25.00) per
day for each worker who works in excess of the minimum working hours when Contracting
Party does not pay overtime. In accordance with the provisions of Labor Code Sections
1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply
with State law requirements to maintain payroll records and shall provide for certified
records and inspection of records as required by California Labor Code Section 1770 et
seq., including Section 1776. In addition to the other indemnities provided under this
Agreement, Contracting Party shall defend (with counsel selected by City), indemnify,
Exhibit A
Page 4 of 9
and hold City, its elected officials, officers, employees, and agents free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of
the Services, including, without limitation, any and all "Public works" (as defined by the
Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment
of prevailing wages under California law and/or the implementation of Labor Code Section
1781, as the same may be amended from time to time, and/or any other similar law.
Contracting Party acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of
the labor and materials incorporated into the Services under this Agreement during the
month covered by said invoice. The remaining five percent (5%) thereof shall be retained
as performance security to be paid to Contracting Party within sixty (60) days after final
acceptance of the Services by the City Council of City, after Contracting Party has
furnished City with a full release of all undisputed payments under this Agreement, if
required by City. In the event there are any claims specifically excluded by Contracting
Party from the operation of the release, City may retain proceeds (per Public Contract
Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's
failure to deduct or withhold shall not affect Contracting Party's obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection of
existing main or trunkline 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 ll, or Class I II 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
Exhibit A
Page 5 of 9
encountered and generally recognized as inherent in work of the
character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party's cost of, or the
time required for, performance of any part of the work shall issue a
change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste,
or cause a decrease or increase in Contracting Party's cost of, or time
required for, performance of any part of the work, Contracting Party
shall not be excused from any scheduled completion date provided
for by this Agreement, but shall proceed with all work to be performed
under this Agreement. Contracting Party shall retain any and all rights
provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting Party
shall at all times be in compliance with all applicable local, state, and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and lifesaving equipment and 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. 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
Exhibit A
Page 6 of 9
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, 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.
7. 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
Exhibit A
Page 7 of 9
Agreement.
8. 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.
9. 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 I II disposal site
in accordance with provisions of existing law; (2) subsurface or latent
physical conditions at the site different from those indicated by
information about the site made available to bidders prior to the
deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily
encountered and generally recognized as inherent in work of the
character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party's cost of, or the
time required for, performance of any part of the work shall issue a
change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste,
or cause a decrease or increase in Contracting Party's cost of, or time
required for, performance of any part of the work, Contracting Party
shall not be excused from any scheduled completion date provided
for by this Agreement, but shall proceed with all work to be performed
under this Agreement. Contracting Party shall retain any and all rights
provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting Parties.
10. 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
Exhibit A
Page 8 of 9
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.
Exhibit A
Page 9 of 9
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.4
of this Agreement, the maximum total compensation to be paid to Contracting Party under
this Agreement is not to exceed Twenty -Five Thousand Dollars ($ 25,000) ("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. Contracting Party shall perform the initial structural
assessment and issue a draft report for City review within six (6) weeks of notice to
proceed.
Exhibit C
Page 1 of 1
N/A
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Auto Liability Additional Insured Personal Auto Declaration Page if
applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its
execution of this Agreement, Commercial General Liability insurance against all claims for
injuries against persons or damages to property resulting from Contracting Party's acts
or omissions rising out of or related to Contracting Party's performance under this
Agreement. The insurance policy shall contain a severability of interest clause providing
that the coverage shall be primary for losses arising out of Contracting Party's
performance hereunder and neither City nor its insurers shall be required to contribute to
any such loss. An endorsement evidencing the foregoing and naming the City and its
officers and employees as additional insured (on the Commercial General Liability policy
only) must be submitted concurrently with the execution of this Agreement and approved
by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident
against all claims for injuries against persons or damages to property arising out of the use
of any automobile by Contracting Party, its officers, any person directly or indirectly
employed by Contracting Party, any subcontractor or agent, or anyone for whose acts
any of them may be liable, arising directly or indirectly out of or related to Contracting
Party's performance under this Agreement. If Contracting Party or Contracting Party's
employees will use personal autos in any way on this project, Contracting Party
shall provide evidence of personal auto liability coverage for each such person. The term
Exhibit E
Page 1 of 5
"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.
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.
Contracting Party shall provide written notice to City within ten (10) working days if: (1)
any of the required insurance policies is terminated; (2) the limits of any of the required
polices are reduced; or (3) the deductible or self-insured retention is increased. In the
event any of said policies of insurance are cancelled, Contracting Party shall, prior to the
cancellation date, submit new evidence of insurance in conformance with this Exhibit to
the Contract Officer. The procuring of such insurance or the delivery of policies or
certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting
Party fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the
amount of the premiums for such insurance from any
sums due under this Agreement.
b. Order Contracting Party to stop work under this
Agreement and/or withhold any payment(s) which
become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the
requirements hereof.
C. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other remedies
City may have. The above remedies are not the exclusive remedies for Contracting
Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein
contained shall be construed as limiting in any way the extent to which Contracting Party
may be held responsible for payments of damages to persons or property resulting from
Contracting Party's or its subcontractors' performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
Contracting Party agrees to have its insurer endorse the third party general liability
Exhibit E
Page 2 of 5
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 complywith this Agreement shall prohibit
Contracting Party, or Contracting Party's employees, or agents, from waiving the
right of subrogation prior to a loss. Contracting Party agrees to waive subrogation
rights against City regardless of the applicability of any insurance proceeds, and
to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contracting Party shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all the coverages required and an additional insured
endorsement to Contracting Party's general liability policy, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by City
shall be charged to and promptly paid by Contracting Party or deducted from sums
due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contracting Party or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other
insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Exhibit E
Page 3 of 5
Contracting Party, provide the same minimum insurance coverage required of
Contracting Party. Contracting Party agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contracting Party
agrees that upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein (with the exception of
professional liability coverage, if required) and further agrees that it will not allow
any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this
agreement to self -insure its obligations to City. If Contracting Party's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Contracting Party, which may include reduction or elimination of
the deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this Agreement to change
the amounts and types of insurance required by giving the Contracting Party ninety
(90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate
additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contracting Party of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive
any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contracting Party's insurance agent to this effect is acceptable. A certificate
of insurance and an additional insured endorsement is required in these
specifications applicable to the renewing or new coverage must be provided to City
Exhibit E
Page 4 of 5
within five (5) days of the expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party
expressly agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss
against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve
City.
Exhibit E
Page 5 of 5
Exhibit F
Indemnification
EA Indemnitv for the Benefit of C
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, NAI Consulting, and Rutan & Tucker LLP ("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
698/015610-0002
20568569.2 a05/31/24
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.
d. Indemnification Provision for Design 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, NAI Consulting, and Rutan & Tucker
LLP ("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.
E.5 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
698/015610-0002
20568569.2 a05/31/24 '2'
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.
698/015610-0002
20568569.2 a05/31/24 -3-
CONSENT CALENDAR ITEM NO. 3
City of La Quinta
CITY COUNCIL MEETING: June 4, 2024
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TY LIN
INTERNATIONAL FOR SEISMIC AND STRUCTURAL EVALUATION SERVICES FOR
THE CITY OWNED LUMBER YARD BUILDING PROJECT NO. 2019-01; LOCATED AT
77895 AVENIDA MONTEZUMA
RECOMMENDATION
Approve agreement for contract services with TY Lin International to provide seismic and
structural evaluation services for the City owned lumber yard building Project No. 2019-
01, located at 77895 Avenida Montezuma; and authorize the City Manager to execute the
agreement.
EXECUTIVE SUMMARY
• The seismic and structural evaluation is intended to provide additional information
on the state of the Lumber Yard building and the ability to utilize it (Attachment 1).
• In December 2023, staff advertised a request for proposals (RFP) for qualified
firms to provide seismic and structural evaluation services for the Lumber Yard but
received only one proposal, from Miyamoto, which staff was unable to negotiate a
contract with.
• TY Lin International (TYLI) was requested to provide a scope and fee for the
services, as they are currently working with the City on a separate project, and
planned to propose on the project but were unable to at the time proposals were
due.
• Staff recommends approving the agreement for contract services (Agreement)
with TYLI in the amount not to exceed $25,000 (Attachment 2).
FISCAL IMPACT
Budget for the Project was allocated in fiscal years 2019/20 and 2020/21 Capital
Improvement Program (CIP), which includes sufficient funding of $25,000 for seismic and
structural evaluation services. The fiscal year 2024/25 CIP budget proposes to include an
additional $1,500,000. The following is the Project budget:
51
BACKGROUND/ANALYSIS
The components of the La Quinta Cultural Campus include the La Quinta Museum,
Lumberyard, casita, archive, and art plaza/gathering space referred to as the "oasis". In
March 2022, an agreement was approved with HGA to provide master planning and
preliminary design services for the Project with a focus on the following areas:
• Creating a more welcoming and clearly defined museum entrance
• Improving museum flow and functionality
• Creating an inviting outdoor space for small events, art opportunities, and
educational workshops
• Expanding and enhancing archive space
The proposed Agreement with TYLI to provide seismic and structural evaluation services
of the Lumber yard will allow the City to determine how to move forward with the Lumber
yard building and how it will fit into the overall Cultural Campus Project that is currently
under design with HGA.
Staff will bring the findings of the evaluation to the Council in a Study Session for
discussion and direction.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Ubaldo Ayon, Assistant Construction Manager
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Agreement for contract services with TYLI
52
Project Budget
Professional
$
190,182
Master Planning/Design
$
1,032,114
Construction
$
3,053,636
Inspection/Testing/Survey
$
217,705
Contingency
$
316,363
TOTAL:
$
4,810,000
BACKGROUND/ANALYSIS
The components of the La Quinta Cultural Campus include the La Quinta Museum,
Lumberyard, casita, archive, and art plaza/gathering space referred to as the "oasis". In
March 2022, an agreement was approved with HGA to provide master planning and
preliminary design services for the Project with a focus on the following areas:
• Creating a more welcoming and clearly defined museum entrance
• Improving museum flow and functionality
• Creating an inviting outdoor space for small events, art opportunities, and
educational workshops
• Expanding and enhancing archive space
The proposed Agreement with TYLI to provide seismic and structural evaluation services
of the Lumber yard will allow the City to determine how to move forward with the Lumber
yard building and how it will fit into the overall Cultural Campus Project that is currently
under design with HGA.
Staff will bring the findings of the evaluation to the Council in a Study Session for
discussion and direction.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Ubaldo Ayon, Assistant Construction Manager
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Agreement for contract services with TYLI
52
ATTACHMENT 1
LA QUINTA CULTURAL CAMPUS SITE AERIAL
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53
LA QUINTA CULTURAL CAMPUS PROJECT AREA / EXTENTS
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A I'. ,�'i 'rte• �'A" .la --dd li I�A .pJ. �',....S4Y�rr1�,,,I-,, x•_a^� „,. .'' ', ;•iC,� r.
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1-40
AREA OF PLANNING
INFLUENCE/CONTEXT
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SITE EXTENTS FOR !000,"
CULTURAL CAMPUS 4.'
PLANNING/PRELIMINARY
DESIGN
54