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2025 Romero General Construction Corp - FY25/26 PMP Rehab & Slurry Seal Improv Project 2025-02MEMORANDUM 1i 11 ORM DATE: December 8, 2025 TO: Jon McMillen, City Manger FROM: Mirta Lerma, Administrative Technician RE: Contract with Romero General Construction Corp. for project no. 2025-02, FY2526 PMP Rehab Slurry Seal 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. .❑ FVI 1r I NOTE: ❑� Authority to execute this agreement is based upon: Approved by City Council on November 18, 2025 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 apply): 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.: 401-000-60188-202502-CT Agreement term: Start Date Amount of Agreement, Amendment, Change Order, etc End Date $ 4,183,636.00 Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Olivia Rodriguez (In -House Tracking; exp. 6/1/2026) Date: 12/9/2025 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 700 is required pursuant FPPC regulation 18701(2) Business License No. LIC-0773744 Expires: 11/24/2026 Requisition for a Purchase Order has been prepared (Agreements over $5,000) 184915 Ca rleTampico ouinta, C2410mia 92253 1760.717.7000 1 www.laquinwap SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Romero General Construction Corp., herein referred to as, "Contractor." WITNESS ETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. 2025-02, FY25/26 PMP Rehab & Slurry Seal Improvements in the City of La Quinta, California pursuant to the Invitation to Bid, dated October 2025, the project Specifications, and Contractor's Bid, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 50 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration with all additive alternates and deductive alternate, Four Million One Hundred Eighty -Three Thousand Six Hundred Thirty -Six Dollars ($4,183,636.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Contract 13{)0-1 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations' Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca,gov/Public- Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor. its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; Contract 1300-2 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor. its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3). (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim. charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment. civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this contract. Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this contract or this section. Contract 1300-3 This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0. Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self- insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Except as otherwise required, Contractor shall furnish the City a Milestone Schedule within 10 days of the Notice of Award or with the return of this contract signed by the Contractor, whichever is earlier, with a beginning date of 15 days after the Notice of Award as provided in said Specifications, Section 4.2, Construction Schedule. Contractor shall pay to City $500.00 liquidated damages per calendar day that the Milestone Schedule is not provided. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. Contrac! 1300-4 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.). Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City S1,607.00 liquidated damages for each such breach committed under this contract. 13. Contractor also agrees that for contracts in excess of $30,000.00 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to. such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 21. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Contract 1300-5 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California municipal corporation Dated: /11, ZDLBy: /„— :lon McMillen, City Manager ATTEST: V Dated: L� Monika adev , City Clerk APPROVED AS TO FORM: ' Dated: - " �C C. �b 2 d City Attorney Dated: 11 1 � I z025 Name: Marcus Nelson Print Name "CONTRACTOR" (If corporation, affix seal) By: Signature Title: President /CEO Address: 2150 N Centre Citv Pkwv Suite I, Escondido, CA 92026 Street Address City State Zip Code Dated: �- Z By: V�ol Signature Name: Jeffrey Rohring Title: Vice President / CFO Print Name Address: 2150 N Centre City Pkwy Suite I. Escondido, CA 92026 Street Address City State Zip Code 1300-6 Bond Number: GM252619 Premium: $41,127.00 Subject to adjustment based on final contract price. SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on November 18, 20255, awarded to Romero General Construction Corp., hereinafter designated as the Principal, a Contract for Project No. 2025-02, FY25/26 PMP Rehab & Slurry Seal Improvements and: WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and Great Midwest Insurance Company, as Surety, are held and firmly bound unto the City in the just and full amount of Four Million One Hundred Eighty -Three Thousand Six Hundred Thirty -Six Dollars ($4,183,636.00)) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Faithful Performance Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 20th day of November , 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Romero General Construction Corp. Principal (Seal) Signature or Principal Title of Signatory` Great Midwest Insurance Company S u rety (Seal) Signature for Surety Lawrence F. McMahon, Attorney -in -Fact Title of Signatory 800 Gessner, Suite 600, Houston, TX 77024 Address of Surety 713-935-0226 Phone # of Surety Scot Drake - sdrake@skywardinsurance.com Contact Person for Surety Faithful Performance Bond 1310-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On Nov 2 0 2025 Date personally appeared before me, John Flores JR, Insert Name of Notary exactly as it appears on the official seal Lawrence F. McMahon Name(s) of Signer(s) JOHN FLORES JR. COMM. # 2476426 (� NOTARY PUBLIC - CALIFORNIA +� SACRAMENTO COUNTY n CCIMM. EXPIRES DEC..14, 2027- Place Notary Seal Above Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Signa)ure or Notary Ploi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. ❑ Individual ❑ Corporate Officer - Title(s). ❑ Partner ❑ Limited ❑ General [� Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s)' ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office Houston, TX, does hereby constitute and appoint: arah Myers, Janice Martin, Maria Guise, Ryan Warnock, Lawrence F. McMahon, Maria Hallmark its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 11' day of April, 2025 as follows. Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed One -Hundred Million dollars ($100,000.000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of atton ranted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such poi nd any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power xecuted and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to alid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Seal to be affixed this Sth day of April, 2025, CORPORATE SEAL ACKNOWLEDGEMENT GREAT MIDWEST INSURANCE COMPANY BY /144L W . N� Mark W. Haushill President On this Bth day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say t he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; that executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. GHRISTINABIS" BY R: My Notary ID * 13109OW ;= Christina Bishop Expires April14,2029 Notary Public CERTIFICATE I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY thal he original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions is set forth are now in force. Signed and Sealed at Houston, TX this 20th Day of November 2025 k BY t-�)Iot .�( Patricia Wan Secretary tNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim ining any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a ulent Insurance act, which Is a crime and subjects such parson to criminal and civil penalties. CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 lk$� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of «h D ) < G ) 1 On ,t,�t i•.)i c � 2 1 Z 5 before me, P �a c ��: I In qn 0 }� • �c� � I, c Date /�H'ere Insert Na e and Title of the Officer personally appeared °l°LKS /VtN_ _ - Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. • rti KELLY RAE MEIGNAN Notary Public . California San Diego County Commission # 2481024 '• . o••'• My comm. Expires Feb 19, 2028 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner -- i7 Limited ❑ General C] Individual n Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — U Limited ❑ General O Individual ❑ Attorney in Fact O Trustee r 1 Guardian or Conservator F1 Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond Number: GM252619 Premium included in Performance Bond SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on November 18, 2025, awarded to Romero General Construction Corp., hereinafter designated as the Principal, a Contract for Project No. 2025-02, FY25/26 PMP Rehab & Slurry Seal Improvements. WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and Great Midwest Insurance Company, as Surety, are held and firmly bound unto the City in the just and full amount of Four Million One Hundred Eighty -Three Thousand Six Hundred Thirty -Six Dollars ($4,183,636.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Payment Bond 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 20th day of November 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Romero General Construction Corp. Principal (Seal) Signatur for Principal Title of Signatory Great Midwest Insurance Company Surety (Seal) Signature for Surety Lawrence F. McMahon, Attorney -in -Fact Title of Signatory 800 Gessner, Suite 600, Houston, TX 77024 Address of Surety 713-935-0226 Phone # of Surety Scot Drake - sdrake@skywardinsurance. corn Contact Person for Surety Payment Bond 1320-2 r'.AI IFr)RNIA AI I _PI IRPI()SF ACKNOWLFDGMFNT Civil Code & 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document STATE OF CALIFORNIA County of San Diego On NOV 2 0 2025 Date personally appeared before me, John Flores JR. . Notary Public, insert Name of Notary exactly as it appears on the official seal Lawrence F. McMahon Name(s) of Signer(s) d 0 H N 7LORES d'R , U ' ` COMM. # 247'6426 NOTARY PUBLIC • CALIFORNIA +� SACRAMENTO COUNTY 0 ,F R„ COMM. EXPIRES DEC. 14, 20271 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and Off" i I Rfwl. Signature Place Notary Seal Above Signatu& of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General [1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Fl Other: Signer is Representing. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office n Houston, TX, does hereby constitute and appoint iarah Myers, Janice Martin, Maria Guise, Ryan Warnock, Lawrence F. McMahon, Maria Hallmark true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or tings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 111 day of April, 2025 as follows: Resolved. that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed One -Hundred Million dollars ($100,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. i Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such power and any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its, Corporate Seal to be affixed this 8th day of April, 2025. (9jrGOR 1NSUgGREAT MIDWEST INSURANCE COMPANY PORATE SEAL ? BY Mark W Haushill President ACKNOWLEDGEMENT On this 8th day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and It he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ,.tt'•PP;,. CHRISTINABtSHOP //►►�� � L My Notary ID # 131090488 BY I.fUL✓ . / i 4 Christina Bishop Exow April 14. 2029 Notary Public CERTIFICATE I, the undersigned, Secreta.ry of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY thal the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. and Sealed at Houston, TX this 20th Day of November 2025 1 ' BY Patricia an Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •DBY, .�Z;gQ�RC:wOTPTvi�Y.sTr.�r-�c.�ra�'r.q.-. :. �� �..-.vr v�e��_��t.w_.p_.__--__-__•, _ _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of vi Di cu CU )D On .;��pJem)'Hl Z )� Zc ZS before me, K(/r le , 41, 6 1 b Date Here Insert lVame and Title of the Officer personally appeared A rL S k e IS °Yi Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KELLY ME MEIGHAN Notary public • California = San Qiego County S �£. Commission # 2481024 My Comm. Expires Fet: 19, 2028 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ Signature of Notary Public Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Cl Trustee 1 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): LJ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee LJ Guardian or Conservator F1 Other - Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature President / CEO Title IZ/ I I'L.?,5 Date Workers Compensation Insurance Certificate 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Liability and Insurance Requirements 1340-1 Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. Liability and Insurance Requirements 1340-2 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Insurance Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Liability and Insurance Requirements 1340-3 Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Liability and Insurance Requirements 1340-4 Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 2.3 Remedies In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. 2.4 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. Liability and Insurance Requirements 1340-5 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. 7. 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. 8. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 9. 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. 10. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. Liability and Insurance Requirements 1340-6 11. 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. 12. 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. 13. 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. 14. 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. 15. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. 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. Liability and Insurance Requirements 1340-7 18. 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. 19. 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. 20. 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. 21. 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. 22. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 2.5 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Jon McMillen, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Liability and Insurance Requirements 1340-8 CONSENT CALENDAR ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: November 18, 2025 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO ROMERO GENERAL CONSTRUCTION CORP. FOR FISCAL YEAR 2025/26 PAVEMENT MANAGEMENT PLAN SLURRY SEAL IMPROVEMENTS PROJECT NO. 2025-02 LOCATED AT VARIOUS LOCATIONS RECOMMENDATION Award contract to Romero General Construction Corp. for construction of the fiscal year 2025/26 Pavement Management Plan Slurry Seal Improvements Project No. 2025-02 located at various locations; and authorize the City Manager to execute the contract and approve future change orders within the project budget amount. EXECUTIVE SUMMARY •The fiscal year (FY) 2025/26 Pavement Management Plan (PMP) Slurry Seal Improvements Project (Project) includes over 3,400,000 square feet of slurry seal and grind and overlay on the following streets (Attachment 1): Avenida Diaz: over 291,000 square feet of slurry Avenida Juarez: over 267,000 square feet of slurry Avenida Madero: over 242,000 square feet of slurry Avenida Cortez: over 103,000 square feet of slurry Avenida Morales: over 19,000 square feet of slurry Avenida Montezuma: over 360,000 square feet of slurry and grind and overlay Calle Nogales: over 116,000 square feet of slurry Calle Ensenada: over 127,000 square feet of slurry Calle Sonora: over 137,000 square feet of slurry Calle Durango: over 145,000 square feet of slurry Calle Sinaloa: over 101,000 square feet of slurry Calle Hidalgo: over 81,000 square feet of slurry Monticello Community: over 341,000 square feet of slurry La Quinta Highlands Community: over 422,000 square feet of slurry or grind and overlay Adams Street: over 646,000 square feet of slurry and grind and overlay •Romero General Construction Corp. of Escondido, California, submitted the lowest responsible and responsive bid at $4,183,636 for the base bid plus all additive and deductive alternates (Attachment 2). Staff recommend awarding the Additive Alternates to include the pavement rehabilitation of both Hidden River Road and the La Quinta Highlands Neighborhood in lieu of slurry seal for these roads. 15 FISCAL IMPACT FY 2024/25 rolled over $752,552 from the PMP Project; FY 2025/26 Capital Improvement Program (CIP) allocated $1,000,000 of General Funds and $2,000,000 of Measure G Funds to FY 2025/26 PMP Project; $1,006,705 of SB1 Funds to the Cove Area Slurry Seal Improvements Project No. 2025-02; and Coachella Valley Water District (CVWD) is responsible for $451,480*. The following is the project budget: Budget Design/Professional: $ 150,000 Construction: $ 4,289,468* Inspection/Testing/Survey: $ 75,000 Contingency: $ 696,269 Total Budget: $ 5,210,737 *Note: It is anticipated that CVWD will reimburse the City $451,480 or complete with their own forces. BACKGROUND/ANALYSIS The PMP allocates funds to maintain and enhance the City’s roadways. This project completes the last year of the five-year PMP and the Cove Area Slurry Seal. Improvements will include slurry, pothole repair and grind and overlay. On November 6, 2025, the City received bids from five (5) construction companies for the Project. Granite Construction Company (Granite) submitted the apparent lowest bid, while Romero General Construction Corp. (Romero) submitted the second lowest bid. After staff evaluation, it was determined that Granite did not submit a responsive bid due to calculation errors and an unbalanced bid. Romero was then determined as the lowest responsive bidder. CVWD is reviewing the bid and will respond prior to the contracts being executed if they accept the contractor’s bid, in the amount of $451,480, to perform the utility work, CVWD is responsible for completing. Contingent upon approval to award the project on November 18, 2025, the following is the proposed project schedule: Council Considers Project Award November 18, 2025 Execute Contract and Mobilize November 19 to December 2025 Construction (50 Working Days) January 2026 to March 2026 Accept Improvements April 2026 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Ubaldo Ayón, Jr., Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1.Vicinity Map 2.Bid Comparison Summary 16 FY 2025/26 Pavement Management Plan Improvements ATTACHMENT 1 17 Bid Opening Date: 11/06/2025 FY25/26 PMP REHAB SLURRY SEAL IMPROVEMENTS City Project No. 2025-02 ATTACHMENT 2 Bid Comparison BASE BID Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 279,000.00$ 279,000.00$ 227,000.00$ 227,000.00$ 251,000.30$ 251,000.30$ 250,000.00$ 250,000.00$ 142,000.00$ 142,000.00$ 120,008.70$ 120,008.70$ 2 Traffic Control LS 1 120,000.00$ 120,000.00$ 118,818.20$ 118,818.20$ 92,000.00$ 92,000.00$ 250,000.00$ 250,000.00$ 369,000.00$ 369,000.00$ 68,600.00$ 68,600.00$ 3 Dust Control LS 1 8,000.00$ 8,000.00$ 20,000.00$ 20,000.00$ 6,400.00$ 6,400.00$ 3,400.00$ 3,400.00$ 22,000.00$ 22,000.00$ 10,000.00$ 10,000.00$ 4 Crack Seal and Tyle 11, Latex Emlusion Aggregate Slurry SF 2,761,010 0.25$ 690,252.50$ 0.25$ 690,252.50$ 0.22$ 607,422.20$ 0.20$ 552,202.00$ 0.33$ 911,133.30$ 0.23$ 635,032.30$ 5 Pavement Repair Type I: 1 1/2" Grind and Asphalt Concrete Overlay SF 662,770 1.75$ 1,159,847.50$ 1.40$ 927,878.00$ 1.24$ 821,834.80$ 1.20$ 795,324.00$ 1.28$ 848,345.60$ 1.40$ 927,878.00$ 6 Pavement Repair Type II: Remove Ex. A.C., Compacting Ex. Base, and Variable Overlay (Depth Per Plan) SF 66,360 6.00$ 398,160.00$ 3.50$ 232,260.00$ 3.36$ 222,969.60$ 3.50$ 232,260.00$ 5.25$ 348,390.00$ 4.20$ 278,712.00$ 7 Localized Dig Out and AC Pavement Type II Repair per Plan SF 1,130 82.50$ 93,225.00$ 5.81$ 6,565.30$ 20.40$ 23,052.00$ 15.50$ 17,515.00$ 9.00$ 10,170.00$ 12.00$ 13,560.00$ 8 Localized Dig Out and AC Pavement Type I Repair per Plan SF 1,250 82.50$ 103,125.00$ 3.88$ 4,850.00$ 8.50$ 10,625.00$ 13.00$ 16,250.00$ 6.00$ 7,500.00$ 9.00$ 11,250.00$ 8 Lower and Raise Drainage Manhole EA 6 $ 2,000.00 $ 12,000.00 $ 2,475.00 14,850.00$ $ 2,550.00 15,300.00$ $ 2,350.00 14,100.00$ $ 2,000.00 12,000.00$ $ 2,475.00 14,850.00$ 9 Signing and Striping, Including All Incendentials LS 1 200,000.00$ 200,000.00$ 369,990.00$ 369,990.00$ 349,000.00$ 349,000.00$ 340,000.00$ 340,000.00$ 498,461.10$ 498,461.10$ 343,570.00$ 343,570.00$ 3,063,610.00$ 2,612,464.00$ 2,399,603.90$ 2,471,051.00$ 3,169,000.00$ 2,423,461.00$ ADDITIVE ALTERNATE NO. 1 Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Water Valve Frame and Cover Per CVWD Standards EA 88 600.00$ 52,800.00$ 600.00$ 52,800.00$ 690.00$ 60,720.00$ 500.00$ 44,000.00$ 500.00$ 44,000.00$ 600.00$ 52,800.00$ 2 Raise Water Valve Frame and Cover Per CVWD Standards EA 88 1,200.00$ 105,600.00$ 1,325.00$ 116,600.00$ 1,450.00$ 127,600.00$ 1,250.00$ 110,000.00$ 500.00$ 44,000.00$ 1,325.00$ 116,600.00$ 158,400.00$ 169,400.00$ 188,320.00$ 154,000.00$ 88,000.00$ 169,400.00$ ADDITIVE ALTERNATE NO. 2 Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Sewer Manhole Frame and Cover Per CVWD Standards EA 33 1,300.00$ 42,900.00$ 675.00$ 22,275.00$ 770.00$ 25,410.00$ 600.00$ 19,800.00$ 500.00$ 16,500.00$ 675.00$ 22,275.00$ 2 Raise Sewer Manhole Frame and Cover Per CVWD Standards EA 33 1,700.00$ 56,100.00$ 1,095.00$ 36,135.00$ 1,240.00$ 40,920.00$ 950.00$ 31,350.00$ 1,500.00$ 49,500.00$ 1,095.00$ 36,135.00$ 99,000.00$ 58,410.00$ 66,330.00$ 51,150.00$ 66,000.00$ 58,410.00$ ADDITIVE ALTERNATE NO. 3- Hidden River Road Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 16,000.00$ 16,000.00$ 5,000.00$ 5,000.00$ 2,415.00$ 2,415.00$ 4,000.00$ 4,000.00$ 2 Traffic Control LS 1 10,000.00$ 10,000.00$ 4,000.00$ 4,000.00$ 11,600.00$ 11,600.00$ 7,000.00$ 7,000.00$ 18,000.00$ 18,000.00$ 3,100.00$ 3,100.00$ 3 Dust Control LS 1 5,000.00$ 5,000.00$ 1,000.00$ 1,000.00$ 950.00$ 950.00$ 1,500.00$ 1,500.00$ 5,000.00$ 5,000.00$ 1,000.00$ 1,000.00$ 4 Pavement Repair Type 11: Remove Ex. A.C., Compacting Ex. Base, and Variable Overlay (Depth Per Plan) SF 7,540 8.00$ 60,320.00$ 5.00$ 37,700.00$ 7.90$ 59,566.00$ 7.75$ 58,435.00$ 5.25$ 39,585.00$ 7.00$ 52,780.00$ 5 Lower Water Valve Frame and Cover Per CVWD Standards EA 12 600.00$ 7,200.00$ 600.00$ 7,200.00$ 720.00$ 8,640.00$ 500.00$ 6,000.00$ 500.00$ 6,000.00$ 600.00$ 7,200.00$ 6 Raise Water Valve Frame and Cover Per CVWD Standards EA 12 1,200.00$ 14,400.00$ 1,325.00$ 15,900.00$ 1,470.00$ 17,640.00$ 1,250.00$ 15,000.00$ 500.00$ 6,000.00$ 1,325.00$ 15,900.00$ 106,920.00$ 70,800.00$ 114,396.00$ 92,935.00$ 77,000.00$ 83,980.00$ ADDITIVE ALTERNATE NO. 4 – La Quinta Highlands Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 279,000.00$ 279,000.00$ 5,000.00$ 5,000.00$ 92,000.00$ 92,000.00$ 10,000.00$ 10,000.00$ 44,809.60$ 44,809.60$ 48,996.00$ 48,996.00$ 2 Traffic Control LS 1 5,000.00$ 5,000.00$ 50,000.00$ 50,000.00$ 49,000.00$ 49,000.00$ 70,000.00$ 70,000.00$ 169,000.00$ 169,000.00$ 10,000.00$ 10,000.00$ 3 Dust Control LS 1 10,000.00$ 10,000.00$ 1,000.00$ 1,000.00$ 950.00$ 950.00$ 1,500.00$ 1,500.00$ 14,000.00$ 14,000.00$ 1,000.00$ 1,000.00$ 4 Pavement Repair Type II: Remove Ex. A.C., Compacting Ex. Base, And Variable Overlay (Depth Per Plan) SF 423,330 6.00$ 2,539,980.00$ 2.65$ 1,121,824.50$ 2.80$ 1,185,324.00$ 3.35$ 1,418,155.50$ 2.88$ 1,219,190.40$ 3.30$ 1,396,989.00$ 5 Lower Water Valve Frame and Cover Per CVWD Standards EA 73 600.00$ 43,800.00$ 600.00$ 43,800.00$ 690.00$ 50,370.00$ 500.00$ 36,500.00$ 500.00$ 36,500.00$ 600.00$ 43,800.00$ 6 Raise Water Valve Frame and Cover Per CVWD Standards EA 73 1,200.00$ 87,600.00$ 1,325.00$ 96,725.00$ 1,450.00$ 105,850.00$ 1,250.00$ 91,250.00$ 500.00$ 36,500.00$ 1,325.00$ 96,725.00$ 7 Lower Sewer Manhole Frame and Cover Per CVWD Standards EA 31 1,300.00$ 40,300.00$ 675.00$ 20,925.00$ 770.00$ 23,870.00$ 600.00$ 18,600.00$ 500.00$ 15,500.00$ 675.00$ 20,925.00$ 8 Raise Sewer Manhole Frame and Cover Per CVWD Standards EA 31 1,700.00$ 52,700.00$ 1,095.00$ 33,945.00$ 1,250.00$ 38,750.00$ 950.00$ 29,450.00$ 1,500.00$ 46,500.00$ 1,095.00$ 33,945.00$ 9 Lower Sewer Clean-Out Frame and Cover Per CVWD Standards EA 3 600.00$ 1,800.00$ 600.00$ 1,800.00$ 620.00$ 1,860.00$ 500.00$ 1,500.00$ 500.00$ 1,500.00$ 600.00$ 1,800.00$ 10 Raise Sewer Clean-Out Frame and Cover Per CVWD Standards EA 3 1,200.00$ 3,600.00$ 1,125.00$ 3,375.00$ 1,160.00$ 3,480.00$ 1,000.00$ 3,000.00$ 1,500.00$ 4,500.00$ 1,125.00$ 3,375.00$ 3,063,780.00$ 1,378,394.50$ 1,551,454.00$ 1,679,955.50$ 1,588,000.00$ 1,657,555.00$ DEDUCTIVE ALTERNATE NO. 1 – La Quinta Highlands Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Crack Seal and Type II, Latex Emulsion Aggregate Slurry SF 423,330 0.25$ (105,832.50)$ (0.25)$ (105,832.50)$ (0.23)$ (97,365.90)$ (0.20)$ (84,666.00)$ (0.33)$ (139,698.90)$ (1,343,856.00)$ (1,343,856.00)$ (105,832.50)$ (105,832.50)$ (97,365.90)$ (84,666.00)$ (139,698.90)$ (1,343,856.00)$ 3,063,610.00$ 2,612,464.00$ 2,399,603.90$ 2,471,051.00$ 3,169,000.00$ 2,423,461.00$ 3,222,010.00$ 2,781,864.00$ 2,587,923.90$ 2,625,051.00$ 3,257,000.00$ 2,592,861.00$ 3,321,010.00$ 2,840,274.00$ 2,654,253.90$ 2,676,201.00$ 3,323,000.00$ 2,651,271.00$ 3,427,930.00$ 2,911,074.00$ 2,768,649.90$ 2,769,136.00$ 3,400,000.00$ 2,735,251.00$ 6,491,710.00$ 4,289,468.50$ 4,320,103.90$ 4,449,091.50$ 4,988,000.00$ 4,392,806.00$ 6,385,877.50$ 4,183,636.00$ 4,222,738.00$ 4,364,425.50$ 4,848,301.10$ 3,048,950.00$ Total Amount of Additive Alternate No. 4 Items 1 – 10: Total Amount of Deductive Alternate No. 1 Items 1: Grand Total Base Bid Including Alternate No. 1: Grand Total Base Bid Including Alternate No. 1 & 2: Grand Total Base Bid Including Alternate No. 1, 2 & 3: Misunderstanding of Project Cost Calculation Total Amount of Bid Items 1 – 9: GRANITE CONSTRUCTION (DISQUALIFIED)MATICH CORPORATIONROMERO GENERAL CONSTRUCTIONENGINEERS ESTIMATE Calculation Errors and/or Ommissions Grand Total Base Bid Including Alternate No. 1, 2, 3 & 4 : Grand Total Base Bid Including Alternate No. 1, 2, 3, 4 & Deductive 4: THE R.J. NOBLE COMPANY ONYX PAVING COMPANY Total Amount of Additive Alternate No. 1 Items 1 – 2: Base Bid Only Total Amount of Additive Alternate No. 2 Items 1 – 2: Total Amount of Additive Alternate No. 3 Items 1 – 6: 18