East of Madison LLC/Traffic Signal Madison 08
AGREEMENT
THIS CONTRACT, by and between the City of La Guinta, a municipal corporation,
herein referred to as "City," and East of Madison, LLC, herein referred to as, "Owner." and
Owner's contractor shall be Hazard Construction, herein referred to as, "Contractor".
WIT N E SSE T H:
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In consideration of their mutual covenants, the parties hereto agree as follows:
1. Owner shall furnish all necessary labor, material, equipment, transportation and
services for the installation of traffic signal interconnect conduit and pull boxes on Madison
Street between Avenue 52 and Avenue 54, in the City of La Guinta, California and
Contractor's Proposal (Attached), dated January 16, 2008, all of which documents shall
be considered a part hereof as though fully set herein.
2. Owner will comply with all Federal, State, County, and La Guinta Municipal Code,
which are, as amended from time to time, incorporated herein by reference, except as it
may apply to minimum wage or other requirements pertaining to work performed by a
private contractor for a public agency.
3. In consideration of said work, City agrees to pay Owner such sums as shall be
approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's
Proposal, the base consideration of Sixty three thousand nine hundred ninety one dollars
and seventy five cents ($63,991.75). 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. Payment shall be within 30 days of invoice presented by
Contractor.
4. Owner 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 Owner, its officers,
employees and agents, which arise out of Owner'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,
Owner 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, Owner shall be obligated to promptly pay
any final judgment or portion thereof rendered against the Indemnified Parties.
5. Except as otherwise required, Owner shall concurrently with the execution of this
contract, furnish the City satisfactory evidence of its Contractor's insurance. 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. 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.
Agreement
6. In accepting this Contract, Owner 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.
7. This Contract shall not be assignable by Owner without the written consent of City.
8. Owner shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
9. In accepting this Contract, Owner 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.
10. Owner certifies that its Contractor is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
11. The City, or its authorized auditors or representatives, shall have access to and the
right to audit and reproduce any of the Owner 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 Owner is properly entitled under the Contract
or for other purposes relating to the Contract.
12. The Owner shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
13. The Contractor shall provide such records to the City of La Guinta upon job
completion. 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.
14. 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.
Agreement
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
Dated:
'f'h;d r
~~
eronica Mon ecino. City CI~k
City
"OWNER"
Dated:_~r~ 1.9 I ~
Dated:
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Agreement
CITY OF LA QUINTA,
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By:
Name:
Title:
By:
Name:
Title:
Thomas P. Genovese, City Manager
Dated:
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Dated:
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"CONTRACTOR"
(If corporation. affix seal)
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WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work
on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self.insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Signature 'i,~
Title
W.S. 1"0C:E83. EXEC. VICE PRES.
3-2.0-.00
Date
Workers' Compensation Insurance