Proposal - The Elevated Group1RIP HAZARD
THE
EL E TED
Sales Rep: Regina Weinstein Trip Hazard, LLC
regina@triphazard.com 1-800-240-8653
707-326-2980 triphazard.com
PROPOSAL: 2025 - La Quinta -
City Of La Quinta
Created:
Wednesday 01/22/25 02:10 PM
Proposal ID:
8777
Contact:
David Eastlick (deastlick@laquintaca.gov)
Address:
78495 Calle Tampico, La Quinta, CA 92253
Sidewalk Offset Removals Project
Total: $40,498.00
Click here to Approve this proposal:
APPROVE PROPOSAL •
By approving proposal I agree and approve the terms,
conditions and a mobilization fee, if applicable.
Treatment Types
■
Concrete Types
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PGAMWEST P ountarn Course Dye
Sidewalk Offset Removals $26,498.00
10 ID: #193490
Image Links: L11
Treatments:
• Trip Hazard Mitigation $26,498.00
Notes: $26.50 per LF. 1000 LF in total. Maximum of 1.75 inch in height. Over 1
and 3/4 inch in height could lead to the required step to move the location to
the remove and replacement plan. Grind to 1:12 slope Total or two
mobilization include in price and plan. Priced at prevailing wage.
Subtotal: $26,498.00
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Misc Services
Description
Quantity Amount Subtotal
Mobilization 2.00 4,500.00 $9,000.00
Traffic Control - Equipment Rentals -
Signage and Cones. Does not include
Traffic Control Plan, Road Closures or
Flaggers
1.00 5,000.00 $5,000.00
Treatment Definitions
1
Subtotal: $14,000.00
Tax (0%): $0.001
Total: $40,498.00
• Trip Hazard Mitigation - Grinding of raised concrete to meet ADA Slope/Grade requirements,
eliminating tripping hazards. This treatment is applied to areas where concrete has been raised more
than 1.
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TERMS & CONDITIONS
SECTION 1: CONTRACT
The Contractor agrees to furnish all labor, materials, equipment, and supplies necessary to complete the work described in the Contract Documents. The term "Contract
Documents" includes this Agreement, all related plans, specifications, change orders, exhibits, and any written modifications or supplements agreed upon by the parties after
execution.
SECTION 2: CONTRACT PRICE
The Owner agrees to pay the Contractor the total amount as detailed in the attached proposal or estimate, subject to adjustments for approved changes. The contract price is
valid for 45 days from the date of issuance. Any adjustments to the contract price due to changes in scope or unforeseen circumstances must be approved in writing by the
Owner and Contractor.
SECTION 3: PAYMENT TERMS
3.1 Mobilization Fee
A mobilization fee of 25-50% of the total contract price is required prior to the commencement of any work. This fee is due upon signing the contract and will be credited
toward the final payment.
3.2 Progress Payments
Progress payments will be required based on the percentage of work completed. The specific amounts and timing of these payments will be outlined in a mutually agreed -upon
schedule before work commences. Failure to make progress payments as scheduled will result in a stoppage of work until payment is received.
3.3 Final Payment Due Date
All invoices, including mobilization and progress payments, are due and payable within 30 days of the invoice date.
3.4 Late Payment Fees
If payment is not received by the 31st day after the invoice date, a late payment fee of one and a half percent (1.5%) of the total outstanding balance will be charged.
An additional 1.5% fee will be added for every subsequent 30-day period until full payment is received. Interest may also be charged at the rate of one percent (1%) per
month (12% per annum) or the highest rate permitted by law, whichever is lower.
3.5 Pre -Lien Notice
In compliance with California law, our company may file a Preliminary Notice of Lien ("Pre -Lien") to secure payment for services provided. Filing of this notice is a legal
safeguard and does not imply non-payment but ensures our company's rights to pursue a lien if payment is not made as agreed. If the Owner fails to make payments as
required, our company reserves the right to file a mechanic's lien against the property to secure the amount due.
SECTION 4: CHANGES TO WORK
All changes to the scope of work must be requested in writing by the Owner and approved in writing by our company. Changes in scope, materials, or timelines may result in
adjustments to the contract price and the schedule. Our company is not responsible for delays resulting from such changes.
SECTION 5: DELAY FEE
If Our company is unable to commence or continue work on the scheduled date due to the Owner's failure to have the necessary conditions, approvals, access, or utilities in
place, a delay fee will be charged. The delay fee shall be $1,000 per day until the conditions necessary for the work are fulfilled, and the delay is resolved. Our company
reserves the right to stop work until the conditions are corrected, and the Owner agrees that any additional costs incurred due to the delay, including labor, equipment, and
materials, will be added to the final invoice.
SECTION 6: TIME
Our company will provide the Owner with a proposed work schedule prior to commencement. Any delays caused by factors outside our company's control, including but not
limited to inclement weather, government restrictions, labor shortages, material delays, or unforeseen site conditions, will extend the contract timeline without penalty to our
copmany.
SECTION 7: SUBCONTRACTORS
Our company reserves the right to use subcontractors to perform any portion of the work outlined in this contract. All subcontractors engaged by our company will be required
to meet the same high standards of quality, safety, and compliance with state and federal regulations. Our company will retain full responsibility for the oversight,
management, and completion of the work, including all work performed by subcontractors.
The Owner agrees to address any disputes or concerns regarding subcontractor work directly with our company, not the subcontractor. Our company will ensure that all
subcontractors are licensed, bonded, and insured in compliance with California state law. Our company is not liable for delays caused by subcontractors if those delays result
from circumstances beyond our company's control, such as material shortages, labor strikes, or other unforeseeable events.
SECTION 8: DEFAULT AND REMEDIES
In the event of a default by the Owner, including failure to make timely payments, the Owner shall be liable for all costs incurred by our company in collecting overdue
payments, including but not limited to attorney's fees, collection agency fees, and interest at a rate of 10% per annum. Acceptance of partial payment by our company shall
not be deemed a waiver of its right to pursue the full balance or enforce any other remedies for breach.
SECTION 9: INSURANCE
our company carries the following insurance coverages, and any subcontractors working under our company are required to meet or exceed these coverage levels:
• Worker's Compensation: $1,000,000 per accident
• General Liability: $1,000,000 per occurrence
• Automobile Liability: $1,000,000 per accident
• Umbrella Liability: $4,000,000 per occurrence
The Owner agrees to hold our company harmless for any claims arising out of the work, provided that such claims are covered by the insurance policies described above.
SECTION 10: MECHANIC'S LIEN NOTICE
Under California law, if payment is not received for completed work, our company reserves the right to file a mechanic's lien against the property for the total unpaid balance.
The Owner acknowledges that failure to make timely payment could result in a lien that may affect title to the property. Our company will strictly follow all procedural
requirements under California Civil Code Section 8416 to ensure enforceability.
SECTION 11: FORCE MAJEURE
Our company shall not be held liable for any delays or inability to complete work due to specific circumstances beyond its reasonable control, including but not limited to acts
of God, pandemics, government -imposed quarantines, natural disasters, acts of war or terrorism, and material shortages. In such cases, the work schedule will be extended
without penalty to our company.
SECTION 12: WARRANTY AND LIMITATION OF LIABILITY
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Our company warrants that all work will be performed in a good and workmanlike manner in accordance with industry standards. However, due to the nature of concrete and
related materials, Our company cannot guarantee a crack -free or curl -free surface. Cracks or defects due to natural soil expansion, contraction, tree roots, or other site -specific
conditions are not covered under this warranty. The Owner is responsible for disclosing any utilities or hazards located within 18 inches below the surface. Our company is not
liable for damage to undisclosed utilities or other subsurface structures.
SECTION 13: EXCLUSIONS
Unless otherwise specified, the following items are excluded from the scope of work under this contract:
1. Plans, tests, and engineering
2. Handling and disposal of hazardous materials
3. Relocation or restoration of utilities in conflict with new work
4. Damage to underground utilities, pipes, or sprinkler systems not disclosed by the Owner.
Our company will always handle 811 markings for the project. If the Owner prefers, they may handle traffic control, bonds, or permits themselves. However, if our
company is requested to manage these services, or if they have been included in the proposal, the total costs for these services will be passed through to the Owner, along
with a 10% management fee to cover the actual administrative costs. In the event that these services require additional time or materials beyond the standard project
scope, our company may charge based on time and materials for any excess work performed.
SECTION 14: DISPUTE RESOLUTION AND ARBITRATION
Any disputes arising out of this contract, including but not limited to payment disputes, performance issues, or claims of breach, shall be resolved through binding arbitration
pursuant to the rules of the American Arbitration Association. The decision of the arbitrator(s) shall be final, and judgment may be entered upon it in any court having
jurisdiction. Both parties shall have the right to conduct reasonable discovery during the arbitration process, and any arbitration decision may be appealed in the event of
fraud, bias, or gross misconduct by the arbitrator. Any costs associated with arbitration, including attorney's fees, shall be borne by the non -prevailing party.
SECTION 15: APPROVAL AND ACCEPTANCE
By signing this contract or providing approval via email, the Owner or the company representing the Owner fully agrees to the Terms & Conditions outlined herein. The
acceptance of this proposal by signature or email signifies agreement to all terms, including but not limited to payment terms, late fees, subcontractor provisions, and all other
sections of this contract. The Owner or their representative acknowledges that they have read, understood, and accepted the conditions as legally binding. By agreeing to the
terms electronically, both parties consent to the use of electronic records and signatures in accordance with the California Uniform Electronic Transactions Act (UETA).
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