East of Madison LLC/Traffic Signal Monroe 08AGREEMENT
THIS CONTRACT, by and between the City of La Quinta, 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'.
WITNESSETH:
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 pullboxes on Monroe Street
between Avenue 53 and Avenue 54, in the City of La Quinta, California and Contractors
Proposal (Attached), dated July 15, 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 Quinta 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 Contractor such sums as shall be
approved by the City Engineer at lump sums and/or unit prices stated in the Contractors
Proposal, the base consideration of Thirty thousand dollars ($30,000.00). 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. 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.
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
Agreement
(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.
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 Quinta 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
il-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated:
T:
Veronica MontecIno, ity lark
VED S FORM -
City Att rney
"OWNER"
Dated: ') 30 -1C0E>
CITY OF LA QUINTA,
a California municipal corporation
By:
nXf ,��
Thomas P. Genovese, City Manager
Dated: 4 ,S: � - �d
Dated:
Dated:_ By:
Name: w.s R iERS, EXEC. VICE PRES./SEC.
Title:
"CONTRACTOR"
(If corporation, affix seal)
Agreement
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."
L_iTR.W#5 ice:
we annFas EXEC•. VICE a ES /SEC
Title
Date
Workers' Compenssuon Insurance