Walt Rankin & Assoc/Playground Equipment 95SECTION 1300
AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of December, 1995, by and between the
CITY OF LA QUINTA, CALIFORNIA, a Municipal Corporation, hereinafter designated as
"CITY" and Walt Rankin & Associates, hereinafter referred to as "CONTRACTOR".
wITNFSSETH:
WHEREAS, on October 4, 1995, CITY invited bids for Playground
Equipment/Structures, Project No. 95-07 per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid which was
accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
I. TERMS OF AGREEMENT: This Agreement shall be from the date of this
Agreement is made and entered, as first written above, until March 1, 1996, or such later date as may
be agreed between parties.
2. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement,
CITY will pay and CONTRACTOR shall receive in full compensation, therefore, the total sum of
Twenty Seven Thousand, Five Hundred and Three Dollars ($27,503), as required in the bid
documents and adopted by the CITY.
3. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees
with CITY to furnish the services and to do everything required by this Agreement and the said
specifications.
4, HOLD HARMLESS AND INDEMNIFI ANION: CONTRACTOR agrees to
defend, indemnify, and hold harmless CITY, and its officials, officers, employees, representatives, and
agents, from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out
of or in connection with, or relating in any manner to, any act or omission of CONTRACTOR, his
agents, employees, and subcontractors and employees thereof in connection with the performance
or non-performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and
all claims and indemnify the CITY and do whatever officers, employees, agents, and representatives
as to any such claims, lawsuits, liabilities or da6iages.
5 AMENDMENTS: Any amendment, modifications, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval of the City Council of the
CITY.
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6. TERMINATION: If, during the term of this Agreement, CITY determines that
CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify
CONTRACTOR in writing of such defect or failure to perform; which notice must give
CONTRACTOR a ten-day notice of time thereafter in which to perform said work or cure the
deficiency. If CONTRACTOR has not performed the work or cured the deficiency with the ten (10)
days specified in the notice, such shall constitute a break of this Agreement and CITY may terminate
this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or fights under this Agreement except,
however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect, and
shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event,
CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning
of the period in which the breach occurs up to the day it received CITY'S Notice of Termination,
minus any offset from such payment representing the CITY'S damages from such breach. CITY
reserves the right to delay any such payment until completion of confirmed abandonment of the
project, as may be determined at the CITY'S sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of
the compensation quoted in its bid.
7. INCORPORATION BY REFERENCE: The Notice Inviting Bids, the General Bid
Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid
Specifications, are hereby incorporated in and made a part of this Agreement.
8. COMPLETE AGREEMENT: This written Agreement, including all writings
specifically incorporated hereby in reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding, or representation not reduced to writing and
specifically incorporated herein shall be or any force or effect, nor shall any such oral agreement,
understanding, or representation be binding upon the parties hereto.
9. ANTI -DISCRIMINATION: In the performance of the terms of this Agreement,
CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ,
to engage in discrimination in employment of persons because of age, race, color, sex, national origin
or ancestry, or religion of such persons. Violation of this provision may result in the imposition of
penalties referred to in Labor Code Section 1735.
10. AU IT: CITY shall have the option of inspection and/or auditing all records and
other written materials used by CONTRACTOR in preparing its statements to CITY as a condition
precedent to any payment to CONTRACTOR.
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11. N TICS: All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
CITY: Office of the City Clerk
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
CONTRACTOR:
Walter Rankin
P_O_ Box 2156
La Mesa, California 91943
12. LITIGATION COSTS: In the event an action is filed by either party to enforce any
rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable
attorney's fees and court costs, in addition to any other relief granted by the court.
13. AUTHORITY TO EXECUTE AGREEMENT: Both CITY and CONTRACTOR
do covenant that each individual executing this Agreement on behalf of each party is a person duly
authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement at La Quinta, California,
the day and year first above written.
CITY OF LA QUINTA, CALIFORNIA
A MFicipal Corporation
Mayor
A TT
:
aundra L. Juhola, ity Clerk
City of La Quinta, California
APPROVED AS TO FORM:
Dawn Honeywell, Cit Attorney
CONTRACTOR:
Walt Rankin & Associates
CONTENT:
David 4Cos er, P.E.
Director lic Works/City Engineer
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