2024-25 Dels Flooring Contractor - Fire Station 93 Flooring InstallationMEMORANDUM
DATE: December 3, 2024
TO: Jon McMillen, City Manager
FROM: Lisa Chastain, Public Safety Management Analyst
Cv 0"&V
CALIFORNIA -
RE: Del's Flooring - Flooring Installation at fire station #93
Please list the Contracting Party / Vendor Name, 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
❑✓ City Manager's signing authority provided under the City's Purchasing & Contracting Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for
temporary employment positions.
❑ 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 aoDl
❑ Bid ❑ RFP ❑ RFQ ❑✓ 3 written informal bids
❑ Sole Source ❑ Select Source ❑ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
❑✓ Agreement payment will be charged to Account No.: 101-2002-72110
❑✓ Agreement term: Start Date November 25, 2024 End Date June 30, 2025
❑✓ Amount of Agreement, Amendment, Change Order, etc.: $ 20,000
REMINDER: Signing authorities listed above are applicable on the aggreciate Agreement amount, not individual
Amendments or Change Orders!
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Oscar Mojica Date: 12/05/2024
❑ Bonds (originais) as required by the Agreement (Performance, Payment, etc.)
❑ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant
FPPC regulation 18701(2)
0 Business License No. LIC-0005736 Expires: September 30, 2025
.❑✓ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
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GEM of the DESERT
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 25 day of November, 2024,
("Effective Date") by and between the City of La Quinta, a Municipal Corporation and Charter City
organized under the Constitution and laws of the State of California with its principal place of business at
78495 Calle Tampico, La Quinta, CA ("City") and Del's Flooring Contractors Inc., a California Limited
Liability Corporation with its principal place of business at 42-120 State St. Palm Desert, CA 92211
("Vendor"). City and Vendor are sometimes individually referred to as "Party" and collectively as "Parties"
in this Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached
Exhibit "A."
3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the
date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B."
4. TERM. The term of this Agreement shall be from November 25, 2024, to June 30, 2025, unless
earlier terminated as set forth in the attached Terms and Conditions.
5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement
at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation
exceed Twenty Thousand Dollars ($20,000) for the Term of the agreement without written amendment.
6. FORCE MAJEURE. The time period specified 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 Vendor 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 Vendor shall within ten (10)
days of the commencement of such delay notify the City in writing of the causes of the delay. The City
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 their judgment such delay is justified, and the City's determination
shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for
performance of services, which are determined by the City to be justified pursuant to this Section, shall not
entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing.
7. 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.
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8. INSURANCE. In accordance with Section 4 of Exhibit 'A" Vendor shall, at its expense, procure and
maintain for the duration of the Agreement such insurance policies as checked below and provide proof of
such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General
Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers,
officials, employees and agents.
Commercial General Liability Insurance:
® $1,000,000 per occurrence/$2,000,000 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
® Additional Insured Endorsement naming City of La Quinta
❑ Primary and Non -Contributory Endorsement
Automobile Liability:
® $1,000,000 combined single limit for bodily injury and property damage.
® Auto Liability Additional Insured
Workers' Compensation:
® Statutory Limits / Employer's Liability $1,000,000 per accident or disease
® Workers' Compensation Endorsement with Waiver of Subrogation
Professional Liability (Errors and Omissions):
❑ Errors and Omissions liability insurance with a limit of not less than $1,000,000
per claim
pa
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IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the
day and year first above written.
CITY OF LA QUINTA
a California Municipal Corporation,
and Charter City
Jq0N,Mt1T11LLEN, City Manager
,,,--'City of La Quinta, California
ATTEST:
MONIKA RADEVA, City
City of La Quinta, Califo
APPROVED AS TO FORM:
WILLIAM H—IHRKE, City Attorney
City of La Quinta, California
t]
DEL'S FLOORING CONTRACTORS, INC.
a California Limited Liability Corporation
La 1{,
D•oc�Iru'Sii.gln^e/d.by: m ArAI1
ANTHONY BERNARDI, CEO
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EXHIBIT "A"
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on a time and
materials or lump sum basis, as may be set forth in
Exhibit "C", within 30 days of completion of the Work
and approval by the City.
2. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state
and local government. Vendor shall assist the City, as
requested, in obtaining and maintaining all permits
required of Vendor by Federal, State and local
regulatory agencies. Vendor is responsible for all costs
of clean up and/or removal of hazardous and toxic
substances spilled as a result of his or her Work.
3. Standard of Care. The Vendor shall perform the
Work in accordance with generally accepted
professional practices and principles and in a manner
consistent with the level of care and skill ordinarily
exercised by members of the profession practicing
under similar conditions.
4. Insurance. The Vendor shall take out and maintain,
during the performance of all work under this
Agreement: A. Commercial General Liability Insurance
in the amounts specified in Section 8 of the Agreement
for bodily injury, personal injury and property damage,
at least as broad as Insurance Services Office
Commercial General Liability coverage (Occurrence
Form CG 0001), and if no amount is selected in Section
8 of the Agreement, the amounts shall be $1,000,000
per occurrence/$2,000,000 aggregate; B. Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non -owned and
hired vehicles, of at least $1,000,000 per accident for
bodily injury and property damage, at least as broad as
Insurance Services Office Form Number CA 0001 (ed.
6/92) covering automobile liability, Code 1 (any auto);
C. Workers' Compensation in compliance with
applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease. Vendor shall also submit to City a waiver of
subrogation endorsement in favor of city, and D.
Professional Liability (Errors and Omissions) coverage,
if checked in section 6 of the Agreement, with a limit
not less than $1,000,000 per claim and which shall be
endorsed to include contractual liability. Insurance
carriers shall be authorized by the Department of
Insurance, State of California, to do business in
California and maintain an agent for process within the
state. Such insurance carrier shall have not less than
an "A"; "Class VII" according to the latest Best Key
Rating unless otherwise approved by the City.
5. Indemnification. The Vendor shall indemnify and
hold harmless the City, its Council, members of the
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Council, agents and employees of the City, against any
and all claims, liabilities, expenses or damages,
including responsible attorneys' fees, for injury or death
of any person, or damage to property, or interference
with use of property, or any claim of the Vendor or
subcontractor for wages or benefits which arise in
connection with the performance of this Agreement,
except to the extent caused or resulting from the active
negligence or willful misconduct of the City, its Council,
members of the Council, agents and employees of the
City. The foregoing indemnity includes, but is not
limited to, the cost of prosecuting or defending such
action with legal counsel acceptable to the City and the
City's attorneys' fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County
of Riverside, State of California.
7. Termination. The City may terminate the services
procured under this Agreement by giving 10 calendar
days written notice to Vendor. In such event, the City
shall be immediately given title and possession to any
original field notes, drawings and specifications, written
reports and other documents produced or developed
for the services. The City shall pay Vendor the
reasonable value of services completed prior to
termination. The City shall not be liable for any costs
other than the charges or portions thereof which are
specified herein. Vendor shall not be entitled to
payment for unperformed services, and shall not be
entitled to damages or compensation for termination of
work. Vendor may terminate its obligation to provide
services under this Agreement upon 30 calendar days'
written notice to the City only in the event of City's
failure to perform in accordance with the terms of this
Agreement through no fault of Vendor.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone other
than the City and the Vendor. The unenforceability,
invalidity or illegality of any provision(s) of this
Agreement shall not render the other provisions
unenforceable, invalid or illegal. Notice may be given
or delivered by depositing the same in any United
States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to the parties
to the addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this Agreement or
any rights under or interest in this Agreement without
the written consent of the City, which may be withheld
for any reason. Vendor is retained as an independent
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contractor and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing this
Agreement represent that they have the authority to
sign on behalf of the parties and bind the parties to this
Agreement. This is an integrated Agreement
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representing the entire understanding of the parties as
to those matters contained herein, and supersedes and
cancels any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be modified or
altered except in writing signed by both parties hereto.
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EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
Obligations of Del's Flooring Contractors Inc.
Vendor will provide carpet tile installation at Fire Station 93, located at 44555 Adams
Street, La Quinta, CA 92253, mutually agreed upon by the City and Vendor.
The flooring installation service will include:
• Demo and disposal of existing carpet and base
• Purchase and Install Mohawk Creative Spark Carbon Carpet Tile
Purchase and install new 4" rubber base.
ME
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EXHIBIT "C"
COMPENSATION FOR SERVICES
Vendor shall be compensated for flooring installation at Fire Station 93. Total Vendor
compensation shall not exceed Twenty Thousand Dollars ($20,000) for the Term of this
Agreement without written amendment.
Invoices are to be submitted to CITY for approval for work performed and scheduled in
accordance with the terms of this Agreement. Approved invoices are to be paid no later
than thirty (30) days from receipt.
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