Republic Intelligent/Citywide Traffic 07SECTION 1300
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred
to as "City," and Republic ITS, herein referred to as, "Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for
Project No. 2006-16, Citywide Traffic Safety Improvements, in the City of La Quints, California pursuant to the
Invitation to Bid, dated October 2007, the project Specifications, and Contractor's Bid, dated October 31, 2007, all
of which documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids,
Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be
controlling, in that order of precedence. The time frame for construction work shall be in accordance with that
specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are,
as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to
have all work completed within the specified 60 working days completion time period.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the
City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration ONE
HUNDRED SIXTY EIGHT THOUSAND TWO HUNDRED FORTY NINE DOLLARS ($168,249.00). All
payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions,
and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages,
as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid,
to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a
penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such
workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor
Code of California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety
satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by
Contractor.
8. Contractor shall defend, indemnify and hold harmless the City, its officers, employees,
representatives and agents ("Indemnified Parties'), from and against those actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for
damage to property (including property owned by City) and for errors and omissions committed by Consultant, its
officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except
to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the
event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way
involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option,
reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of
such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof
rendered against the Indemnified Parties.
Agreement 1300-1
9. Except as otherwise required, Contractor shall concurrently with the execution of this contract,
furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications.
This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums
thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days
unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish
evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation
laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the
duration of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work
herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted
to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in
any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of
California.
IL In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny
the right of any individual to seek, obtain and hold employment without discrimination because of race, religious
creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in
the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a
finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to
City $500.00 liquidated damages for each such breach committed under this contract.
12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days
duration, that apprentices will be employed without discrimination in an approved program in a ratio established in
the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California).
Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months
in addition to other penalties provided by law.
13. This Contract shall not be assignable by Contractor without the written consent of City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed
completed.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation
is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's License and
authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right to audit
and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all
money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three years after
termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quints. If not, the Contractor
shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs
incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional
(out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
Agreement 1300-2
r
20. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
Dated: !qt9 Co-t By:
001-1-j Don Adolph, Mi�4
ATTTEE�,:
Dated: Z 11&1 ,0A07
Veronica Montecino, CMC, City Clerk
APPROVED AS TO FORM: p�— �g
'v �_ Dated: 12
ity At rney
"CONTRACTOR"
Dated: IZI 5 0 �— By. �
Name: Sates A. Wagner
Title: VP &q1 eertr j
Dated: /Z By: Name•Aak;,-
Title: �Tre�surer
(If corporation, affix seal)
Agreement 1300-3
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quints, a municipal corporation, hereinafter designated the City, has, on November
20, 2007, awarded to Republic ITS, hereinafter designated as the Principal, a Contract for Project No. 2006-16,
Citywide Traffic Safety Improvements and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful
performance of said Contract:
NOW, THEREFORE, we, the Principal, and , as Surety, are
held and firmly bound unto the City in the just and full amount of ONE HUNDRED SIXTY EIGHT THOUSAND
TWO HUNDRED FORTY NINE DOLLARS ($168,249.00) lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully
perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided,
on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as
therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and
virtue.
It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond
remains in frill force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the
specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
Faithful Performance Bond 1310-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
seals this day of , 2007, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
Faithful Performance Bond
1310-2
SECTION 1320
PAYMENTBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on November
20, 2007, awarded to Republic ITS, hereinafter designated as the Principal, a Contract for Project No. 2006-16,
Citywide Traffic Safety Improvements, and
WHEREAS, said Principal is required to famish a bond in connection and with said Contract, providing
that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and , as Surety, are
held and firmly bound unto the City in the just and full amount of ONE HUNDRED SIXTY EIGHT THOUSAND
TWO HUNDRED FORTY NINE DOLLARS ($168,249.00) lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors,
administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for
amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or
to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect
to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove
set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall
be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section
3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit
brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any
change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
Payment Bond 1320-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instnunent under their seals this
day of , 2007, the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
Payment Bond
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
1320.2
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the
Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract."
�Signst�re
_M En��►�ertna
Title
12 15 1 0---
Date
Workers' Compensation Insurance 1330-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
The Contractor shall indemnify, hold harmless and assume the defense of the City, its elected officials,
officers, agents, and employees from all damages, costs, or expenses in law or equity that may at any time
arise to cause damages to property, or of personal injury received by reason of or in the course of
performing work, which may be occasioned by any willful or negligent act or omission of the Contractor,
any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract.
Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from
liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or
damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required
by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for
review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not
commence work, until such insurance has been approved by the City. The Contractor shall not allow any
subcontractors to commence work on its subcontract until all similar insurance required of the
subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and
effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by
Paragraph 1340-2.0 INSURANCE REOUIREMENTS.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability
Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000)
combined single limit for bodily injury and property damage for any one occurrence and a Two Million
Dollar ($2,000,000) annual project aggregate, for all of the following:
a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
C. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto
Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000)
combined single limit for bodily injury and property damage, providing at least all of the following
coverage:
Liability & Insurance Requirements 1340-1
a. Coverage shall be applicable to any and all leased, owned, hired, or non -owned vehicles used in
pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, including cranes, which is not covered under said Commercial
Business Auto Policy shall have said coverage provided for under the Commercial General
Liability Policy.
C. Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and
Employers' Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability
(Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described in this Section
hereof:
a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents,
and sub -consultants are hereby added as additional insured insofar as Work done under this
Contract is concerned."
b. "This policy shall be considered primary insurance as respects any other valid and collectible
insurance, including self -insured retention, the City may possess, and any other insurance the City
does possess shall be considered excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as though a separate policy had
been written for each. This, however, will not act to increase the limit of liability of the insuring
company.
d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall
be sent to:
Thomas P. Genovese, City Manager
City of La Quinta
P.O. Box 1504
La Quints, CA 92253
2.6 Chanee in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions
and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the
location identified in Paragraph 1340-2.5, Endorsements. The Contractor shall be obligated to pay any
extra premium for maintaining the insurance requirements specified herein.
Liability & Insurance Requirements 1340-2
Bond Executed in Duplicate Bond No: 57BCSET5971
'Premium: $1,725.00
SECTION 1310
FATFHFUL PERFORMANCE 8ONP_
KNOW ALL MEN 13Y THESE PRESENTS:
T T the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on November
20, 2007, 9N,udcd to Republic ITS, hereinafter designated as the Principal, a Contract for Project No. 2006-16,
Citywide Tri Me Safety Improvements and
WT EREAS, said Principal is required under the terms of said Contract o fumsh a bond for the faithful
performance of said Contract:
N boundTHEREFORE, Ci i. Principal, andH
artford Fire Insurance Coma yas Surety, arc
held and fin ly botmd unto the Ciry in the jtut and full amount of ONE HUNDRED SIXTY ETCIiT THOUSAND
of hich s RweeU and truly too be made, we DOLLbiindRS (ourselves, o0urlb�s I executors, rs, ey Of administrate United ors, and successors, tes' for n[
loindy and verally, firmly by these presents
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully
perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided,
on his or air part to be kept and perfortried, at the time and in the marmcr therein specified, and in all respects
according t their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as
therein stip lated, then this obligation shall become mull and void; otherwise it shall be and remain in full force and
virtue.
Its acknowledged that the Contract provides for one-year guarantee period, during wluch time this bond
remains in full force and effort.
d the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration r addition to the terns of the Contract or to the work to be performed thereunder or the specifications
aecompan' g the same shall, n any way, affect its obligations on this bond, and it does hereby waive notice of any
such than e, extension of time, alteration, or addition to the terms of the Contract or to the work or to the
speelficatij us. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
1310-]
Faitarul P4tmamce Bond*
04/e9/20M 16:10 1
4i09/2008 WED 11:03
REPUBLIC ITS SRVS
7155 Cite of La Quinta Pub.Wk
PAGE 02/03
i
CONTRACT: Citywide Safety Improvements
CONTRACTOR: Republic ITS
1266 N. La Loma Circle
Anaheim, Ca. P2806
2002/003
Sheet 1 of 2
PROJECT NO. 2006-16
CONTRACT Ck1ANGE ORDER NO.1
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PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
P O Box 1504
La Quinta, CA 92247
DOC # 2009-0064216
02/10/2009 08:00R Fee:NC
Page t of 2
Recorded in Official Records
county of Riverside
Larry U. Ward
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NOTICE OF COMPLETION
Citywide Safety Improvements, Project 2006-16
Title of Document
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(g;.00 Additional Recording Fee Applies)
CM
059el-
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, CMC, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
P. O. Box 1504
La Quinta, CA 92247-1504 SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is
owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated
pursuant to the laws of the State of California.
2. The City Clerk of the City of La Quinta is authorized and directed to execute, on behalf of said
City, any and all Notices of Completion.
3. That the nature of the life of the stated owner, or if more, than one owner, then of the stated
owner and co -owners is: In Fee.
4. That on the 3' day of February, 2009, a work of improvement on the real property herein
described was completed.
5. The public work improvement is described as follows: Citywide Safety Improvements, Project No.
2006-16
6. The name of the contractor for said work of improvement was: Republic Intelligent Transportation
Services, Inc.
7. The property on which said public work of improvement was completed is in the City of
La Quinta, County of Riverside, State of California, and is described as follows: Pedestrian
activated crosswalk near La Quinta High School on Westward Ho Drive; Emergency flashing
beacon adjacent to the La Quinta Fire Station on Adams Street; and Traffic signal at Adams Street
and Fred Waring Drive.
DATED: February 4, 2009 CITY OF LA QUINTA, CALIFORNIA
BY:
TITLE: Deputy City Cler
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE 1
I hereby certify that I am the Deputy City Clerk of the governing board of the City Council of the
City of La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I
make this verification: that I have read said notice, know its contents, and that the same is true. I
certify under penalty of perjury that the foregoing is true and correct.
Executed at La Quinta, California.
PHYLLIS M NLEY, Deput City Cie I
City of La Quinta, California