2023-26 Precision Concrete Cutting - Sidewalk Inspection & MaintenanceMEMORANDUM ta Qa�&a
DATE: June 5, 2023
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Management Assistant
RE: Safe Sidewalks Incorporate dba Precision Concrete Cutting for services related to
professional sidewalk inspection and maintenance FY 2023-26
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on
F✓ _ City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
❑_ Bid F-1. RFP F-1 RFQ E_ 3 written informal bids
QSole Source z Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
�✓ _ Agreement payment will be charged to Account No.: 101-7003-60120
❑✓u Agreement term: Start Date July 1, 2023 End Date June 30, 2026
Fv L Amount of Agreement, Amendment, Change Order, etc.: $49,000
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
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NOTE;
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Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Laurie McGinley Date: 6/5/2023
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form
required pursuant FPPC regulation 18701(2)
Business License No. 771059 Expires: 6/30/2024
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and Safe Sidewalks Incorporated dba Precision Concrete Cutting with a
place of business at 5737 Kanan Road #718, Agoura Hills, CA 91301 ("Contracting
Party"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to professional
sidewalk inspection and maintenance, as specified in the "Scope of Services" attached
hereto as "Exhibit A" and incorporated herein by this reference (the "Services").
Contracting Party represents and warrants that Contracting Party is a provider of first-
class work and/or services and Contracting Party is experienced in performing the
Services contemplated herein and, in light of such status and experience, Contracting
Party covenants that it shall follow industry standards in performing the Services required
hereunder, and that all materials, if any, will be of good quality, fit for the purpose
intended. For purposes of this Agreement, the phrase "industry standards" shall mean
those standards of practice recognized by one or more first-class firms performing similar
services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of
the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable
Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits,
and approvals as may be required by law for the performance of the Services required by
this Agreement, including a City of La Quinta business license. Contracting Party and its
employees, agents, and subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required for the performance of the Services required by this Agreement.
Contracting Party shall have the sole obligation to pay for any fees, assessments, and
taxes, plus applicable penalties and interest, which may be imposed by law and arise
from or are necessary for the performance of the Services required by this Agreement,
and shall indemnify, defend (with counsel selected by City), and hold City, its elected
officials, officers, employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed against City
hereunder. Contracting Party shall be responsible for all subcontractors' compliance with
this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contracting Party shall
immediately inform City of such fact and shall not proceed except at Contracting Party's
risk until written instructions are received from the Contract Officer, or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Contracting Party's work will be held to an
industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove,
Contracting Party represents to City that it holds the necessary skills and abilities to satisfy
the industry standard of quality as set forth in this Agreement. Contracting Party shall
adopt reasonable methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the equipment, materials,
papers, and other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the Services
by City, except such losses or damages as may be caused by City's own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from
any obligation to correct any incomplete, inaccurate, or defective work at no further cost
to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the
Scope of Services ("Additional Services") only when directed to do so by the Contract
Officer, or assigned designee, provided that Contracting Party shall not be required to
perform any Additional Services without compensation. Contracting Party shall not
perform any Additional Services until receiving prior written authorization (in the form of
a written change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any adjustment in
(i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of Contracting Party. It is expressly
understood by Contracting Party that the provisions of this Section shall not apply to the
Services specifically set forth in the Scope of Services or reasonably contemplated
therein. It is specifically understood and agreed that oral requests and/or approvals of
Additional Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer's, or assigned designee's written authorization for
Additional Services shall constitute a waiver of any and all right to adjustment of the
Contract Sum or time to perform this Agreement, whether by way of compensation,
restitution, quantum meruit, or the like, for Additional Services provided without the
appropriate authorization from the Contract Officer, or assigned designee.
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.3 of this Agreement.
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1.8 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in "Exhibit D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
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2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed Forty -Nine Thousand Dollars
($49,000.00) (the "Contract Sum"), except as provided in Section 1.7. The method of
compensation set forth in the Schedule of Compensation may include a lump sum
payment upon completion, payment in accordance with the percentage of completion of
the Services, payment for time and materials based upon Contracting Party's rate
schedule, but not exceeding the Contract Sum, or such other reasonable methods as may
be specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contracting Party at all project meetings reasonably deemed necessary by
City; Contracting Party shall not be entitled to any additional compensation for attending
said meetings. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense, and
similar costs and expenses when and if specified in the Schedule of Compensation.
Regardless of the method of compensation set forth in the Schedule of Compensation,
Contracting Party's overall compensation shall not exceed the Contract Sum, except as
provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes
to receive payment, Contracting Party shall submit to City no later than the tenth
(10th) working day of such month, in the form approved by City's Finance Director, an
invoice for Services rendered prior to the date of the invoice. Such invoice shall
(1) describe in detail the Services provided, including time and materials, and (2) specify
each staff member who has provided Services and the number of hours assigned to each
such staff member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services performed in
accordance with the terms of this Agreement. Upon approval in writing by the Contract
Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will
pay Contracting Party for all items stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the City's
Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
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greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contracting Party, including, but not restricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned designee, in
writing of the causes of the delay. The Contract Officer, or assigned designee, shall
ascertain the facts and the extent of delay, and extend the time for performing the
Services for the period of the forced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination, or assigned designee,
shall be final and conclusive upon the parties to this Agreement. Extensions to time
period in the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the
Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023,
and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for
two (2) additional year(s) upon mutual agreement by both parties ("Extended Term"), and
executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting
Party ("Principals") are hereby designated as being the principals and representatives of
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Contracting Party authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith:
(a) Precision Concrete Cutting
5737 Kanan Road #718
Agoura Hills, CA 91301
ATTN: Gary Beneduci
CEO and Treasurer
(b) City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTN: Tony Ulloa
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing Principals shall be responsible during the term
of this Agreement for directing all activities of Contracting Party and devoting sufficient
time to personally supervise the Services hereunder. For purposes of this Agreement,
the foregoing Principals may not be changed by Contracting Party and no other personnel
may be assigned to perform the Services required hereunder without the express written
approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as the Public
Works Deputy Director or assigned designee may be designated in writing by the City
Manager of the City. It shall be Contracting Party's responsibility to assure that the
Contract Officer, or assigned designee, is kept informed of the progress of the
performance of the Services, and Contracting Party shall refer any decisions, that must
be made by City to the Contract Officer, or assigned designee. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer, or assigned designee. The Contract Officer, or assigned designee,
shall have authority to sign all documents on behalf of City required hereunder to carry
out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
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transfer shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which Contracting Party, its agents, or
its employees, perform the Services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of Contracting
Party's employees, servants, representatives, or agents, or in fixing their number or hours
of service. Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are consistent with that role. Contracting Party shall not at
any time or in any manner represent that it or any of its agents or employees are agents
or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Contracting Party in its business or otherwise or a joint venture or a
member of any joint enterprise with Contracting Party. Contracting Party shall have no
power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall
not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. Except for the Contract Sum paid to Contracting Party as
provided in this Agreement, City shall not pay salaries, wages, or other compensation to
Contracting Party for performing the Services hereunder for City. City shall not be liable
for compensation or indemnification to Contracting Party for injury or sickness arising out
of performing the Services hereunder. Notwithstanding any other City, state, or federal
policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its
employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment
by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (TERS") as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS
benefits. Contracting Party agrees to pay all required taxes on amounts paid to
Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. Contracting Party
shall fully comply with the workers' compensation laws regarding Contracting Party and
Contracting Party's employees. Contracting Party further agrees to indemnify and hold
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City any reimbursement
or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
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4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") which is incorporated herein by this reference and expressly made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance
to Agency along with all required endorsements. Certificate of Insurance and
endorsements must be approved by Agency's Risk Manager prior to commencement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party
shall indemnify, protect, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit
F" ("Indemnification") which is incorporated herein by this reference and expressly made
a part hereof.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party's
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party hereby acknowledges that City is
greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes
aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed, Contracting Party
shall promptly notify the Contract Officer, or assigned designee, of said fact,
circumstance, technique, or event and the estimated increased or decreased cost related
thereto and, if Contracting Party is providing design services, the estimated increased or
decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to the
disbursements charged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
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enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, shall have full and free access to such Books
and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to City, and access
shall be provided by Contracting Party's successor in interest. Under California
Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject
to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and Materials
for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to
Contracting Party, and Contracting Party's guarantee and warranties shall not extend to
such use, revise, or assignment. Contracting Party may retain copies of such Documents
and Materials for its own use. Contracting Party shall have an unrestricted right to use
the concepts embodied therein. All subcontractors shall provide for assignment to City
of any Documents and Materials prepared by them, and in the event Contracting Party
fails to secure such assignment, Contracting Party shall indemnify City for all damages
resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City
reuses said Documents and Materials without written verification or adaptation by
Contracting Party for the specific purpose intended and causes to be made or makes any
changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or assigned
designee, or as required by law. Contracting Party shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. All City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussions, or other
information shall be returned to City upon the termination or expiration of this Agreement.
Contracting Party's covenant under this section shall survive the termination or expiration
of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed both as to validity and to performance of the parties in accordance with the laws
of the State of California. Legal actions concerning any dispute, claim, or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of the County
of Riverside, State of California, or any other appropriate court in such county, and
Contracting Party covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long
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as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer, or
assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of Contracting Party. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any Services
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authorized by the Contract Officer, or assigned designee, thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, or
assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party
shall vacate any City -owned property which Contracting Party is permitted to occupy
hereunder and City may, after compliance with the provisions of Section 8.2, take over
the Services and prosecute the same to completion by contract or otherwise, and
Contracting Party shall be liable to the extent that the total cost for completion of the
Services required hereunder exceeds the compensation herein stipulated (provided that
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to Contracting Party for the purpose of setoff or partial payment of the amounts
owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this
Section shall not exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled
to attorneys' fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery, and all other necessary costs the court allows
which are incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment. The court may set such fees in the same action or in a separate
action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contracting Party,
or any successor in interest, in the event or any default or breach by City or for any amount
which may become due to Contracting Party or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any
officer or principal of it, has or shall acquire any interest, directly or indirectly, which would
conflict in any manner with the interests of City or which would in any way hinder
Contracting Party's performance of the Services under this Agreement. Contracting Party
further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee. Contracting
Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts
of interest with the interests of City in the performance of this Agreement.
-11-
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. Contracting Party warrants that
it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group of
persons on account of any impermissible classification including, but not limited to, race,
color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, marital status, sexual orientation,
national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address set
forth below. Either party may change its address by notifying the other party of the change
of address in writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Tony Ulloa
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
PRECISION CONCRETE CUTTING
Attention: Gary Beneduci
5737 Kanan Road #718
Agoura Hills, CA 91301
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
-12-
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and existing,
(ii) they are duly authorized to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) that entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound. This Agreement shall be binding upon
the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
-13-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
1
JON-McMILLEN, City Manager
_City of La Quinta, California
Dated: ZOZ?7
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
CONT TY:
By:
Na e: Ca Beneduci
Tit . CEO and Treasurer
By: ,
Name: Soo Hoon Beniauci Wang
Title: President and Secretary
-14-
Exhibit A
Scope of Services
Services to be Provided:
Scope of Work:
CONTRACTING PARTY will inspect sidewalks and provide a written inspection report in the
format approved by the CITY (optional curbs and gutters can be included in the scope of work).
The inspection reports shall include the identification, location, and description of each problem
and recommended action to be taken. The format and information required may be changed at
the request of the CITY with the agreement of both parties.
Sample Services and Responsibilities:
1. CITY shall provide maps of specified areas to CONTRACTING PARTY.
2. CONTRACTING PARTY shall inspect public right-of-ways designated on the maps.
3. CONTRACTING PARTY shall use current ADA standards and Member standards in
determining tripping hazards. These hazards shall include, but not be limited to:
a) Differential displacement between sidewalk sections 3/8 inch or greater
b) Spall surfaces, holes in surfaces, and cracks above I inch wide or greater
c) Deteriorated joints that have an eroded condition and are 1/2 inch wide or greater
4. CONTRACTING PARTY shall record location of damaged sections in a GPS device.
5. Data entered into the GPS device shall be provided in writing to the CITY.
6. CONTRACTING PARTY shall provide written inspection report that shall include, but not be
limited to:
a. Identification and description of each problem condition
b. Physical address and location including GPS location data
c. Size of the hazards in height, length, and square foot
d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.
7. CONTRACTING PARTY shall report to the CITY the results of the inspection upon
completion.
SEE ATTACHED: STREET LIST AND MAPS
2. Performance Standards:
Inspections and completed summary report shall be completed 30 days from
agreed upon start date.
Exhibit A
Page 1 of 4 Last revised summer 2017
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation,
repair, or maintenance affecting real property or structures or improvements of any kind
appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this Section 1.3,
Contracting Party shall comply with applicable Federal, State, and local laws. Contracting
Party is aware of the requirements of California Labor Code Sections 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq.,
(collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code
Section 3.12.040, which require the payment of prevailing wage rates and the
performance of other requirements on "Public works" and "Maintenance" projects. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over twenty-
five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after
January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the
maintenance of payroll records and the employment of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a
contract for public work on a "Public works" project unless registered with the California
Department of Industrial Relations ("DIR") at the time the contract is awarded. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, this project is subject to compliance
monitoring and enforcement by the DIR. Contracting Party will maintain and will require
all subcontractors to maintain valid and current DIR Public Works contractor registration
during the term of this Agreement. Contracting Party shall notify City in writing
immediately, and in no case more than twenty-four (24) hours, after receiving any
information that Contracting Party's or any of its subcontractor's DIR registration status
has been suspended, revoked, expired, or otherwise changed. It is understood that it is
the responsibility of Contracting Party to determine the correct salary scale. Contracting
Party shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at Contracting Party's principal place of
business and at the project site, if any. The statutory penalties for failure to pay prevailing
wage or to comply with State wage and hour laws will be enforced. Contracting Party
must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who
works in excess of the minimum working hours when Contracting Party does not pay
overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with State law
requirements to maintain payroll records and shall provide for certified records and
inspection of records as required by California Labor Code Section 1770 et seq., including
Section 1776. In addition to the other indemnities provided under this Agreement,
Contracting Party shall defend (with counsel selected by City), indemnify, and hold City,
Exhibit A
Page 2 of 4
its elected officials, officers, employees, and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all "Public works" (as defined by the Prevailing Wage
Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing
wages under California law and/or the implementation of Labor Code Section 1781, as
the same may be amended from time to time, and/or any other similar law. Contracting
Party acknowledges and agrees that it shall be independently responsible for reviewing
the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of
the labor and materials incorporated into the Services under this Agreement during the
month covered by said invoice. The remaining five percent (5%) thereof shall be retained
as performance security to be paid to Contracting Party within sixty (60) days after final
acceptance of the Services by the City Council of City, after Contracting Party has
furnished City with a full release of all undisputed payments under this Agreement, if
required by City. In the event there are any claims specifically excluded by Contracting
Party from the operation of the release, City may retain proceeds (per Public Contract
Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's
failure to deduct or withhold shall not affect Contracting Party's obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection
of existing main or trunk -line utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any costs
incurred in locating, repairing damage not caused by Contracting Party, and removing or
relocating such unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code
Section 7104, in the event the work included in this Agreement requires excavations more
than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions
are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes
may be material that is hazardous waste, as defined in Section 25117 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class I I I disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
Exhibit A
Page 3 of 4
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease
or increase in Contracting Party's cost of, or the time required for, performance of any
part of the work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in Contracting Party's cost of, or time required for, performance of any part of
the work, Contracting Party shall not be excused from any scheduled completion date
provided for by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting
Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting
Party shall at all times be in compliance with all applicable local, state, and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any
delay in performance of the Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, Contracting Party shall be liable for
and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages
for each working day of delay in the performance of any of the Services required
hereunder, as specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out requirements, if any,
described in the Scope of Services. City may withhold from any moneys payable on
account of the Services performed by Contracting Party any accrued liquidated damages.
Exhibit A
Page 4 of 4
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S1teet3 of 3
Sidewalk: South Zone 9 & Parks
Street
FROM
TO
LENGTH
W
SF
2000' n/Ave
Jefferson
500' nlAve 52
52
2000
6
12000
Jefferson
2500'IAve 52
Pomelo
1300
8
10400
Jefferson
Pomelo
Ave 50
1360
6
8160
Old Town
Bermudas
Desert Club
3696
6
22176
Madison EIS
Andalusia
1329 north
1320
6
7920
Ave
Madison EIS
2100' n1Ave 58
56 Ai ort
2640
6
15840
Madison wls
Ave 58
800'north
800
8
6400
Ave
Madison wIs
800' nlAve 58
56 Air ort
4480
6
26880
Madison wls
Ave 56 Ai ort
Ave 54
5280
6
31680
Madison wls
Ave 54
Ave 52
5280
6
31680
Washington wIs
Ave 52
Evac Bride
3250
8
26000
Washington wls
Evac Bride
Ave 50
800
6
4800
150'
Washington els
Tampico
nlTam ico
150
6
900
Montezuma nls
Bermudas
Navarro
220
8
1760
Montezuma sls
Bermudas
Navarro
220
8
1760
Montezuma sls
Navarro
Eisenhower
1080
8
8640
Montezuma n1s
Navarro
Eisenhower
1080
8
8640
Summer
Springtime ENV
Desert Club
view
1056
6
6336
Summer view N/S
Springtime Way
Cloud view
1056
6
6336
Cloud view EIW
Summer way
Desert View
2112
6
12672
Summer
Desert view EIW
Cloud view
view
1056
6
6336
Winter Cove
Summer view
Cul de sac
1056 1
6
6336
Season Way
Tampico
Springtime
836
8
6688
Fritz Bums Park
1594
8
12752
Eisenhower Park
172
6
1032
Temecula Park
150
6
900
Civic Center Park
3242
8
25936
Seasons Park
657
8
5256
Saguaro Park
242
8
1936
48185
318152
Sidewalk: South Zone 2
Street
I FROM
TO
LENGTH
W
SF
Ave 52 sts
Bermudas
Washington St
2725
6
16,350
Ave 52 n/s
Desert Club
1000' east
1000
6
6,000
Ave 52 nls
1000'IDesert
Washington St
1470
8
11,760
Tradition
Ave 52 sls
Washington
Entrance
2000
8
16,000
Ave 52 nls
Washington
Water Mark villa
6866
8
54,920
Ave 52 sts
Tradition Entranoe
Jefferson
6000
6
36,000
Ave 52 nls
Water Mark villa
Jefferson
1050
12
12,600
Ave 52 nls
Eldorado Dr
Canal Bride
600
6
3,600
Ave 52 nls
Canal Bride
800' east
800
6
4,800
Ave 52 nls
Via Robled❑
Via Bonita
600
8
4,800
Ave 52 sls
Jefferson
Madison
5170
6
31,020
Ave 52 sts
Madison
Monroe
5280
6
31,680
Ave 50 sls
Eisenhower Dr.
Lago Dr
2500
8
20,000
Ave 50 sts
La ❑ Dr
Washington
1650
5
8,250
Ave 50 nls
Washington
200' east
200
6
1,200
Ave 50 nls
Evac Channel
Park Ave
2200
8
17,600
Ave 50 sls
Evac Channel
Park Ave
2200
6
13,200
Ave 50 sls
Park Ave
Jefferson
5280
6
31,680
Ave 50 nls
Park Ave
Patti CT
4350
6
26,100
Jefferson wls
Ave 54
Ave 52
5280
6
31,680
Jefferson els
Ave 54
Canal bride
3860
6
23,160
Jefferson els
Canal Bride
Ave 52
1420
8
11,360
Jefferson
460' n1Ave 52
Ave 50
4820
6
28,920
Jefferson
Ave 52
500' nl Ave 52
500
8
4,000
TOTAL 1 67820 1 1446,680
Sidewalk; South Zone 3
Street
FROM
TO
LENGTH
W
SF
Tecate
Madero
Bermudas
2165
6
12990
Bermudas
Tecate
Colima
4225
6
25350
Bermudas els
Colima
Durango
3170
1 8
25360
Bermudas els
Durango
Ave 52
700
6
4200
Bermudas els
Ave 52
Estado
800
5
4000
Bermudas els
Estado
Tampico
1000
8
8000
Bermudas wls
Estado
Tampico
800
8
6400
Bermudas els
Tampico
Cul-de-sac
530
6
2650
Bermudas wls
Tampico
Cul-de-sac
265
6
1590
Barcelona nls
Bermudas
Desert Club
265
6
1590
Estado N & S
Desert Club
Bermudas
1212
6
7272
La Fonda N & S
Desert Club
Bermudas
1198
6
7188
La Fonda
Desert Club
Main St
292
6
1752
Rondo wls
Tampico
Nuestra
1205
6
7230
Tampico nls
Eisenhower
Washin ton
5280
6
31680
Tampico sls
Eisenhower
Desert Club
1960
6
11760
Tampico sls
❑esert Club
Library
1520
9
13680
Tampico sls
Library
Washington
1800
6
10800
Tampico nls
Washington
Park Ave
2720
8
21760
Tampico sls
Rondo
Park Ave
1360
6
8160
Park Ave wls
Tampico
500' n/Ave
50
3260
8
26080
Park Ave els
Tampico
500' n1Ave
50
3260
6
19560
Eisenhower wls
Bermudas
Tampico
9800
6
58800
Eisenhower els
Bermudas
Tampico
9800
6
58800
Eisenhower els
Tam ico
Evac
Bride
1360
8
10880
Sidewalk: South Zone 4
Street
FROM
TO
LENGTH
W
SF
Evac
Eisenhower els
Bride
Ave 50
1100
6
6600
Eisenhower wls
Tampico
Ave 50
2460
8
19680
160'
Martinez sls
Eisenhower
elEisenhower.
160
6
960
Bike Path Bear Creek Trail
Eisenhower
Tecate
14256
8
114048
Desert Club NIS
Ave 52
Springtime
6336
6
38016
Monroe wls
Ave 52
Mount. Sering
980
6
5880
MT. View
Monroe wls
Ln
PIL
900
8
7200
1850'
Monroe wls
n/Airport
Airport
1850
6
11100
2640'
Monroe wls
Airport
s/Airport
2640
5
13200
Monroe wls
Ave 57
Ave 58
2640 1.
8
21120
s. 1850'/Ave
Monroe wls
Ave 60
60
1850
6
11100
1850' s1Ave
Monroe wls
60
Ave 62
2110
8
16880
Ave 62
Monroe
Madison
0
0
0
Ave 60 sls
Madison
Monroe
5280
6
31680
Ave 56 nls
Madison
300' west
300
8
2400
Ave 58 nls
Lion Gate
Santa Rosa
800
8
6400
Ave 58 nls
Santa Rosa
2110' west
2110
8
16880
Ave 58 nls
Madison
ilD entrance
4225
6
25350
11D
Ave 58 nls
Entrance
Monroe
1055
8
8440
Ave 56 Ai ortsls
Madison
Monroe
5280
6
31680
Ave 56 Ai ort nls
Madison
Monroe
5280
6
31680
W. cul-de-
Ave 54 nls
sac
Jefferson
2110
6
12660
W. cul-de-
Ave 54 sls
sac
Jefferson
1585
6
9510
Ave 54 sIs
Jefferson
Madison
5280
6
31680
Ave 54 sls
Madison
M Griffin way
3000
6
18000
73587
492144
Sidewalk: North Zone 1 & Parks
STREET FROM TO
LENGTH
W
SF
SUNBROOK
C/S
COLDBROOK
565
6
3390
SPRINGBROOK
CIS
SUNBROOK
308
6
1$48
RAMBLEWOOD
CIS
SUNBROOK
677
6
4062
SUNBROOK
COLDBROOK
WOODBERRY
4488
6
26928
COLDBROOK
MILES
WOODBERRY
5975
6
35850
WAKEFIEL❑ CIR.
ROCKBERRY
CT.
COLDBROOK
CIS
COLDBROOK
COLDBROOK
4052
794
6
6
24312
4764
SUMMERBROOK
CIS
COLDBROOK
335
6
2010
PARKBROOK
CIS
BIRCHCREST
CIR.
497
6
2982
SUNBERRY
CIS
BIRCHCREST
CIR.
281
6
1686
BRICHCREST
CIR.
BAYBERRY
BAYBERRY
2679
6
16074
BAYBERRY
ADAMS
COLDBROOK
2305
6
13830
ASHWOOD CT.
CIS
BAYBERRY
342
6
2052
DEERBROOK
CIR.
BAYBERRY
BAYBERRY
2769
6
16614
STONEBROOK
CT
CIS
❑EERIBROOK
CIR.
519
6
3114
ROCKBERRY
CT.
CIS
COLDBROOK
794.
6
4764
WOODBERRY
ADAMS
SUNBROOK
273
6
1638
La Quinta Park
3187
6
19122
Monficello Paris
678
6
4068
Desert Pride Park
425
6
2560
Pioneer Park
721
6
4326
Pioneer Dog Park
342
6
2052
TOTAL
33006
198036
Sidewalk North Zone 2
Street FROM
TO
LENGTH
FT
Width
SF
VIA SEVILLA
WASHINGTON
VIA CORONADO
4185
4
16740
DEL SOL
CIS
VIA SEVILLA
387
4
1548
VIA CALIENTE
CIS
VIA DEL MONTE
528
4
2112
VIA DEL MONTE
VIA CALIENTE
VIA SEVILLA
1060
4
4240
VIA CORONADO
CIS
FORBES CIR.
1420
4
5680
FORBES CIR.
SEELEY DR.
VIA CORONADO
1545
5.5
8497.5
LAMES CIR.
CIS
SEELEY DR.
1246
5.5
6853
BRADFOR❑ CIR.
CIS
SEELEY ❑R.
1548
5.5
8514
ALDEN CIR,
CIS
SEELEY DR.
1196
5.5
6578
FRED WARING
SEELEY DR.
MILES
DR.
1567
5.5
8618.5
SANITA DR.
CIS
LAS VISTAS
2090
5.5
11495
SANITA DR.
LAS VISTAS
AROSE WAY
1248
5.5
6864
W. HARLAND ❑R.
SEELEY DR.
N. HARLAND ❑R.
1541
5.5
8475,5
N. HARLAND
MILES
W. HARLAND DR.
1210
5.5
6655
IRWIN CIR.
CIS
N. HARLAND DR.
2540
5.5
13970
LOWE DR.
SEELEY DR.
N. HARLAND DR.
3269
5.5
17979.5
NOLAN CIR.
CIS
N. HARLAND DR.
6842
5.5
37631
VILETA ❑R.
SANITA DR.
LAS VISTAS
338
5.5
1859
ESTELO CT.
CIS
VILETA DR.
384
5.5
2112
CRISTOL PL.
CIS
VILETA DR.
880
5.5
4840
LA PALAMA DR.
LAS VISTAS
ADAMS
2816
5.5
15488
AROSE WAY
SANITA DR.
VILETA ❑R.
1860
5.5
10230
VILETA DR.
LAS VISTAS
SONESTA WAY
560
5.5
3080
TIARA PL.
CIS
VILETA DR.
560
5.5
3080
CARMEN PL.
CIS
VILETA DR.
1992
5.5
10966
TOTAL
42812
224096
Sidewalk: North Zone 3
Street
FROM
TO
LENGTH
W
SF
palm royal dr
Washin tan
Fred
Warin dr
4410
6
26460
Rome dr
palm royal
dr
Milan ct
252
6
1512
Milan ct
Naples dr
CIS
2033
6
12198
Messina ct
Torino dr
cis
512
6
3072
Verona ct
Torino dr
cis
494
6
2964
alba ct
Torino dr
cts
504
6
3024
Salem ct
Torino dr
Gs
502
6
3012
Parma ct
Torino dr
cis
477
6
2862
Palermo ct
Torino dr
cis
601
6
3006
Torino dr
Milan ct
genoa dr
3505
6
21030
enoa dr
Torino dr
Naples dr
1457
6
8742
Como ct
genoa dr
cis
1363
6
8178
Siena ct
genoa dr
cis
1386
6
8316
Naples dr
genoa dr
Milan ct
3655
6
21930
Venice dr
Torino dr
Fred
Waring dr
1685
6
10110
San Marino ct
Venice dr
cis
1399
6
8394
Pompeii ct
Venice dr
cis
1906
6
11436
TOTAL
26041
156246
Sidewalk: Zone 4 Main Arterials
Street
FROM
TO
LENGTH
W
SF
48th Ave sls
Washington
Jefferson
7845
6
47070
48th Ave nls
Washington
Adams
1948
6
11688
48th Ave nls
Adams
dune palms
1934
6
11604
48th Ave nls
dune palms
Jefferson
2525
6
15150
lake la Quinta dr
Washington
caleo bay
502
6
3012
caleo bay els
Ave 48
Ave 47
2720
6
16320
caleo bay wls
Ave 48
Ave 47
2720
6
16320
Ave 47 ns
Washington
Adams
2527
6
15162
Ave 47 sls
Washington
Adams
2527
6
15162
Washington wls
Eisenhower Dr
Ave 48
1630
6
9780
Washington wls
Ave 48
Lake La Quinta
1470
6
8820
Washington wls
Simon/Point Happy
Awyl1
1360
6
8160
Washington wls
H 111
Channel Dr
560
8
4480
Washington wls
Channel Dr
north P/L
250
6
1600
Washin ton els
600' nlAve 50
Sagebrush
650
6
3900
Washington els
Sagebrush
Ave 48
3750
8
30000
Washington els
Ave 48
Fin 111
3000
8
24000
Washington els
Hwy 111
Miles
2320
8
18560
Washington els
Miles
230'sNia Sevilla
1540
6
9240
Washington els
230' sMa Sevilla
Via Sevilla
230
8
1840
Washington esl
Via Sevilla
Fred Warinq
1630
6
9780
Washington els
210'nl Fred Waring
1000' nlFred
Waring
790
8
6320
Washington els
1000'n/Fred Waring
Palm Royal
1220
6
7320
Washington els
palm royal dr.
330' n/Palm
Ra al
330
6
1980
miles nls
Washington
Via San
Salvador
956
6
5736
miles nls
Via San Salvador
Adams St.
2,504
8
20032
miles nls
Adams St.
Jefferson St.
5,280
6
31680
miles sls
Washington
Seeley Dr.
1,821
8
14668
Miles sls
Seeley Dr.
Dunes Palms
4,279
6
25674
Adams St els
Ave 48th
H 111
2,958
6
17748
Adams St els
Hwylll
Whitewater
bride
1,365
8
10920
Adams St els
Whitewater bride
Miles
2,958
6
17748
Adams St els
Miles
600 ft North
600
8
4800
Adams St els
600 ft Nlof Miles
Fred waring
2,275
6
13650
Adams St wls
Ave 48
Ave 47
2,367
6
14202
Adams St wls
Ave 47
HwV 111
600
8
4800
Adams St. wls
HN 111
Westward Ho
2,275
6
13650
Adams St. wls
Westward Ho
Miles
2,7301
8
21840
Adams St. wls
Miles
Fred waring
2,600
6
15600
dune palms wls
Ave 48
Hwv 111
2600
8
20800
dune palms els
Ave 48
Hwy 111
2600
6
15600
dune palms wls
Hwy 111
White water
Channel
1300
8
10400
dune palms wits
whitewater Channel
Westward Ho
380
6
2280
dune palms wits
Westward Ho
Paseo Del Ra
650
8
5200
dune ealms wits
Paseo Del Ra
Desert Stream
300
12
3600
dune palms w1s
Desert Stream
Miles
1500
5
7500
Dune palms wits
Miles
380' nlNuevo
1200
8
9600
Dune Palms w1s380'
nlNuevo
Fred Waring
1200
5
6000
Dune palms els
Miles
1 00'slStargower
800
8
6400
Dune Palms els
100's/Starflower
Fred Waring
11850
5
59250
Jefferson wits
1000' N150th
Ave 48
4280
6
25680
Jefferson wits
Ave 48
89 n Ave 48
80 1
8
640
Jefferson wits
80' NIAve 48
1000' NIAve48
920
6
5520
Jefferson wits
Hwy 111
Fiesta Drive
1360
6
8160
Jefferson els
100' s[Vista Grande
700' n/Vista
Grande
800
6
4800
Jefferson wits
Miles Ave
Heminu way
1900
6
11400
Jefferson wits
Herning way
Fred Waring
700
8
5600
Jefferson wits
Fred Waring
Dunbar Drive
2720
6
16320
Fred warin nits
Palm Royal
Galaxv ❑r.
2,400
6
14400
Fred warin nits
Galaxy ❑r.
Adams St.
1,456
8
11648
Fred warin nls
Port Marina
Jefferson St.
2,412
6
14472
Fred waring sits
Washington St.
Venice Dr.
2,822
6
16932
Fred warin sits
Venice Dr.
Monticello ❑r.
6,873
8
54984
Fred waring sits
Monticello Dr.
Jefferson
1,100
6
6600
westward ho nits
Adams
Dunes Palms
2,600
6
15600
westward ho sits
Adams
Dunes Palms
2,600
6
15600
westward ho sits
Roadrunner Dr
Jefferson St
1,456
6
8736
Hn 111 sits
west PIL
Washington
1750
6
10500
Hwy 111 nis
Plaza La Quinta
Washington
1300
8
10400
Hwy 111 nits
Washington St.
Adams St.
3300
8
26400
Hwy 111 sits
Washington St.
Adams St.
3300
8
26400
Hwy 111 nits
Adams
La Quinta ❑r
1360
8
10880
Hwy 111 sits
Adams
500' ElDune
Palms
3100
6
24800
H±al11 nits
560' EILa Quinta Dr
Dune Palms
700
8
5600
Hwy 111 n1s
520' ElDune Palms
Jefferson
2100
6
12600
Hwy 111 sits
1200' ElDune
Palms
Costco E/PL
600
8
4800
Eisenhower nits
Washington
Coachella Dr,
3,635
6
21810
Eisenhower wits
Coachella Dr.
Fernando Ave
1,075
12
12900
Eisenhower wits
Fernando Ave
Ave 50
1,775
5
8875
TOTAL
1664001
10895C33
Sidewalk: North Zone 5
Street
FROM
TO
LENGTH
W
SF
Camino Azul
Camino
Rosado
cis
1883
6
11298
Camino del Oro
Camino Azul
Camino
levanada
1726
6
10356
Camino la cresta
Camino del
Oro
cis
818
6
4908
Camino lavanada
cls
cls
2077
6
12462
Camino Amarillo
ocotillo dr
cis
787
6
4722
Camino Rosado
Camino Azul
ocotillo dr
1269
6
7614
Cantera dr
Mila ro dr
cls
2055
5
10275
ocotillo dr
Adams
cis
4391
5
21955
Frontera dr
ocotillo dr
Ins manos dr
1787
5
8935
Arbola ci
Frontera dr
cis
704
5
3520
Ladera dr
Frontera dr
cls
975
5
4875
Malia cir
Ladera dr
cls
339
5
1695
Tortola cir
Ladera dr
cis
367
5
1835
los manos dr
ocotillo dr
miles
1970
5
9850
lati o
los manos
cls
587
5
2935
nuevo dr
los manos
dune palms
2823
5
14115
Calle vista verde
nuevo dr
cls
1444
5
7220
Calle Palmetto
Calle Placido
Calle Santa
Barbara
1993
5
9965
Calle Pros ero
Calle
palmetto
cis
1386
5
6930
Calle Placido
Calle
palmetto
Calle Sonrisa
2046
5
10230
Calle Sonrisa
Calle Placido
Calle Santa
Barbara
977
5
4885
Calle Santa
Barbara
Calle sonrisa
Calle palmetto
2101
5
10505
TOTAL
34505
181085
Sidewalk North Zone 6
Street
FROM
TO
LENGTH
W
SF
blazing star
trl.
dune palms
starflower
trl
3436
6
20616
mari old In
buttercup In
Cis
2510
6
15060
blazing star
tri,
rnari osa
CIS
507
6
3042
willow ct
blazing star
td
Cls
699
6
4194
calico cir
blazing star
td
Cis
1028
6
6168
buttercup in
marigold In
cis
1692
6
10152
sweetbush In
buttercup In
Cls
1112
6
6672
goldenrod cir
buttercup In
Cis
1115
6
6690
foxtail cir
buttercup In
cis
935
6
5610
iris Ct
blazing star
td
C/s
756
6
4536
starflower trl
dune palms
cis
2208
6
13248
marguerre ct
starflower trl
Cls
824
6
4944
saffon ct
starflower trl
Cls
834
6
5004
verbena dr
miles
cis
2129
6
12774
morning glory
ct
Cis
Cls
2284
6
13704
dandelion dr
libely av
Cls
4402
6
26412
TOTAL
26471
158826
Sidewalk North Zone i
Street
FROM
TO
LENGTH
W
SF
Monticello av
Fred Wadng
miles
4826
6
28956
Randolph ct
Monticello av
cis
403
6
2418
ambassador cir
Monticello av
cis
537
6
3222
America ct
Hemin s way_cis
539
6
3234
Hemin s way
America ct
Monticello
av
626
6
3756
memorial pl
Monticello av
cis
1383
6
8298
independence way
Jefferson st
cis
2279
6
13674
Morris av
liberty av
cls
1929
6
11574
franklin ct
Morris av
cis
317
6
1902
liberty av
dandelion dr
Morris av
1751
6
10506
Hancock ct
liberty av
cis
562
6
3372
William stone way
liberty av
Monticello
av
1186
6
7116
declaration ct
Monticello av
Gs
919
6
5514
Shadwell cir
Monticello av
cis
636
6
3816
TOTAL
17893
107368
Sidewalk: North Zone S
Street
FROM
TO
LENGTH
FT
W
SF
Victoria Dr.
Adams
Brill ette Way
2184
6
13104
Carrie Ln.
Victoria Dr.
Ashly Place
984
6
5904
Ashly PI
Carrie Lane
Desert Stream
1989
6
11934
Desert Stream
Carrie Lane
Dune Palms Rd
4816
6
28896
Debbie Drive
Victoria Dr.
Kristen Ct
2755
6
16530
Kaye Ct.
CIS
Debbie Dr.
716
6
4296
Cindy Ct.
C/S
Debbie Dr.
712
6
4272
Diane Drive
CIS
Debbie ❑r_
713
6
4278
Kara Ct.
C/S
Brill ette Way
810
6
4860
Diane Drive
Debbie Dr
Brill ette Way
627
6
3762
Laurie Ct.
CIS
Brill ette Way
803
6
4818
Violet Ct
CIS
Brill ette Way
827
6
4962
Brill ette Way
Miles
Desert Stream
2746
6
16476
Desert Air
CIS
Desert Crest Dr.
1072
6
6432
Desert Air St
Desert Crest
❑r
Desert Stream
1500
6
9000
Desert Wind Ct
CIS
Desert Air St.
1048
6
6288
Desert View Ct
CIS
Desert Crest Dr.
1069
6
6414
Desert Sand Ct
CIS
Desert Crest Dr.
1078
6
6468
Desert Fox
Drive
CIS
Desert Crest Dr.
1055
6
6330
Desert Hill Ct.
CIS
Desert Crest
Drive
1068
61
6408
Desert crest Dr
Desert Air st
Dune Palms Rd
1995
6
11970
Desert Fox
Drive
Desert Crest
Dr
Desert Stream
1405
6
8430
Desert rock ct
CIS
Desert fox Dr
971
6
5826
Desert Eagle Ct.
CIS
Desert stream
Drive
1301
6
7806
TOTAL j
34244 j
205464
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting
Party under this Agreement is not to exceed Forty -Nine Thousand Dollars ($49,000.00)
("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment
payments made on a monthly basis and in an amount identified in Contracting Party's
schedule of compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
Exhibit B
Page 1of1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto
and incorporated herein by this reference.
Exhibit C
Page 1of1
None
Exhibit D
Special Requirements
Exhibit D
Page 1of1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Contracting Party's performance hereunder and neither City nor its insurers shall be
required to contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the Commercial
General Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property arising out
of the use of any automobile by Contracting Party, its officers, any person directly or
indirectly employed by Contracting Party, any subcontractor or agent, or anyone for
whose acts any of them may be liable, arising directly or indirectly out of or related to
Contracting Party's performance under this Agreement. If Contracting Party or
Exhibit E
Page 1 of 6
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.
Contracting Party shall procure and maintain Cyber Liability insurance with
limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination or use of the
confidential information.
b. Network security liability arising from the unauthorized use of, access to,
or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required
under the contract for Consultant to properly perform the services
intended.
d. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep -
linking or framing, and infringement or violation of intellectual property
rights.
e. Liability arising from the failure to render professional services.
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.
Exhibit E
Page 2of6
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self -insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting
Party fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contracting Party's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which
Contracting Party may be held responsible for payments of damages to persons or
property resulting from Contracting Party's or its subcontractors' performance of work
under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
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.
Exhibit E
Page 3 of 6
3. All insurance coverage and limits provided by Contracting Party and
available or applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contracting Party shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all the coverages required and an additional insured
endorsement to Contracting Party's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
Exhibit E
Page 4of6
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contracting Party of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City,
or its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether the agreement is canceled or terminated for
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance
and an additional insured endorsement is required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect to City,
its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
Exhibit E
Page 5 of 6
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim
or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve City.
Exhibit E
Page 6of6
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest extent
permitted by law, Contracting Party shall indemnify, protect, defend (with counsel
selected by City), and hold harmless City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature, and description, damages, injury (including, without limitation, injury
to or death of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are caused in whole or in part by any negligent
or wrongful act, error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear the legal
liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for
any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting
Party shall indemnify, defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Contracting Party or by any individual or entity for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
C. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page 1 of 2
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party
who constitutes a "design professional" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party's Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any subcontractor),
costs and expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused by any negligent or wrongful act, error or
omission of Contracting Party, its officers, agents, employees or subcontractors (or any
entity or individual that Contracting Party shall bear the legal liability thereof) in the
performance of professional services under this agreement. With respect to the design
of public improvements, the Contracting Party shall not be liable for any injuries or
property damage resulting from the reuse of the design at a location other than that
specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees
to obtain executed indemnity agreements with provisions identical to those set forth
herein this Exhibit F, as applicable to the Contracting Party, from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of
Contracting Party in the performance of this Agreement. In the event Contracting Party
fails to obtain such indemnity obligations from others as required herein, Contracting
Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City
to monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth in this Agreement are binding on the successors, assigns or
heirs of Contracting Party and shall survive the termination of this Agreement.
Exhibit F
Page 2of2