HomeMy WebLinkAboutContracts & Agreements_104-2007AGREEMENT FOR PUBLIC IMPROVEMENT PROJEC I
Phis Agreement is made and entered into this 19th day of June, 2007 ("Effective Date") by and
between the City of Redlands, a municipal corporation ("City"), and Ef'ra/ NEil,iprk°
("Contractor") City and Contractor are individually sometimes referred to herein as a "Party," and together
as the "Parties "
In consideration of the mutual promises contained herein, City and Contractor agree as follows
ARTICLE 1 - ENGAGEMENT Or CONTRACTOR
1 1 City hereby retains Contractor to install an integrated video system at the Redlands Sports Park (the
"Project")
1 2 Contractoi and its subcontractors shall possess all appropriate State contractors' licenses required for
the work to be performed in connection with the Project, and shall not be debarred pursuant to Labor
Code sections 1777 1 and 1777 7
ARTICLE 2 - RESPONSIBILITIES OF CONTRAC FOR
2 1 The Project which Contractor shall perform is more particularly described in Exhibit "A," which is
attached hereto and incorporated herein by this reference
2 2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the
performance of the Project including, but not limited, to all applicable Labor Code and prevailing
wage laws commencing at Labor Code section I770 et seq and non-discrimination laws, including
the Americans With Disabilities Act Pursuant to Labor Code section 1773 2, copies of the
prevailing rates of per diem wages as determined by the Director of the California Department of
Industrial Relations for each craft, classification or type of worker needed to undertake the Project
are on file at City's Administrative Services Department, located at the Civic Center, 35 Cajon
Street, Suite 10 (Mailing P 0 Box 3005), Redlands, California 92373
2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wage,
that City may enforce such provisions by withholding contract payments to Contractor or its
subcontractors pursuant to Labor Code section 1771 6
2 4 If Contractor executes an agreement with a subcontractor to perform work on the Project, Contractor
shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with
copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815
Contractor acknowledges that the statutory provisions establishing penalties for failure to comply
with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to
Labor Code sections 1775 and 1813
2 5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection
DJKAgreememslt.evemgt, Information Symms
2 6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code
section 1810
2 7 Contractor shall comply with the provisions of Labor Code section 1777 5 as to apprenticeships and
Labor Code sections 1771, 1775, 1776, 1777 5 1813 and 1815
2 8 Because this Agreement was exempt from competitive bidding, prior to commencement, Contractor
shall provide City with the information otherwise found in Public Contract Code section 4104
2 9 Pursuant to Public Contract Code section 7103 5(b), Contractor 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 section I5) 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 pursuant to this Agreement
2 10 Contractor shall obtain, execute and deliver to City a Performance Bond and a Labor and Materials
Payment Bond, in the forms attached hereto as Exhibits "B" and "C "
ARTICLE 3 - PERIOD OF SERVICE
3 1 Contractor shall commence the Project upon City's delivery to Contractor of a written "Notice to
Proceed," and Contractor shall complete the Project in a prompt and diligent manner
ARTICLE 4 - PAYMENT AND NO FICE
4 1 City shall pay Contractor the sum of Thirty Nine Thousand, Two Hundred Forty Eight and 27/100
Dollars ($39,248 27) as complete compensation for the work Contractor performs on the Project
4 2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice, by warrant payable to Contractor
4 3 All notices shall be made in writing and shall be given by personal delivery or by mail Notices sent
by mail shall be addressed as follows
City
Contractor
William B Hemsley
City of Redlands
P O Box 3005
Redlands, CA 92373
Ray Leblond
Leverage Information Systems, Inc
17280 Woodinville -Redmond Rd , NE Ste 800
Woodinville, WA 98072
2
When so addressed, such notices shall be deemed given upon deposit in the United States mail, in all
other instances, notices, bills and payments shall be deemed given at the time of actual delivery
Changes may be made in the names and addresses of the person to who notices, bills and payments
are to be given by giving notice pursuant to this section 4 3
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5 1 Contractor's Insurance to be Primary All insurance required by this Agreement shall be maintained
by Contractoi for the duration of the Project, and shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by City
5 2 Workers' Compensation and Employer's Liability
A Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the duration of the Project pursuant to Labor Code
sections 3700 and 1860, in an amount which meets statutory requirements, with an insurance
carrier acceptable to City The insurance policy shall include a provision prohibiting the
policy's modification or cancellation except upon thirty (30) days prior written notice to City
Contractor shall execute and deliver to City a Worker's Compensation Insurance
Certification in the form attached hereto as Exhibit "D" prior to commencement of the
Project
B Contractor expressly waives all rights to subrogation against City and its elected officials,
officers and employees, for losses arising from work performed by Contractor on the Project
by expressly waiving Contractor's immunity for injuries to Contractor's employees
Contractor agrees that the obligation to indemnify, defend and hold harmless provided for in
this Agreement extends to any claim brought by, 01 on behalf of, any employee of
Contractoi This waiver is mutually negotiated by the Parties I his subsection shall not
apply to any damage resulting from the sole negligence of City, its agents and employees
To the extent any of the damages referenced herein were caused by or resulted from the
concurrent negligence of City, its agents or employees, the obligations provided herein to
indemnify, defend and hold harmless are valid and enforceable only to the extent of the
negligence of Contractor, its officers, employees and agents
5 3 Hold I Iarmless and Indemnification Contractor shall indemnify, hold harmless and defend City and
its elected officials, employees and agents from and against any and all claims, losses and liability,
including attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any act or omission of Contractor, and its officers, employees and agents, in performing the
Project
5 4 Assignment Contractor is expressly prohibited from assigning any of the work associated with the
Protect without the express prior written consent of City In the event of mutual agreement by the
Parties to assign a portion of the Project, Contractoi shall add the assignee as an additional insured to
its insurance policies and provide City with the insurance endorsements prior to any work being
performed by the assignee Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement
6JM1AgreementslLeverage lnlonntton Systems
3
5 5 Comprehensive General Liability Insurance Contractor shall secure and maintain in force
throughout the duration of the Project comprehensive general liability insurance, with can ters
acceptable to City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence and
I wo Million Dollars ($2,000,000) aggregate for public liability, property damage and personal
injury City shall be named as an additional insured and the insurance policy shall include a
provision prohibiting its modification or cancellation except upon thirty (30) days prior written
notice to City Such insurance shall be primary and non-contributing to any insurance or self-
insurance
elfinsurance maintained by City Certificates of insurance and endorsements shall be delivered to City
prior to commencement of the Project
5 6 Business Auto Liability Insurance Contractor shall have business auto liability coverage, with
minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single lnnit for
bodily injury liability and property damage liability This coverage shall include all consultant
owned vehicles used on the project, hired and non -owned vehicles, and employee non -ownership
vehicles City shall be named as an additional insured and a certificate of insurance shall be
delivered to City prior to commencement of the Project
ARTICLE 6 - GENERAL CONSIDERATIONS
6 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this
Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to recover
its reasonable attorneys' fees, including fees for in-house counsel by a Party
6 2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other Project documents developed by
Contractor for the Project shall become the property of City and shall be delivered to City upon
completion of the Project
6 3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent
contractor with respect to the Project and not an employee of City All personnel employed by
Contractor to perform the Project are for its account only, and in no event shall Contractor or any
personnel retained by it be deemed to have been employed by City or engaged by City for the
account of, or on behalf of, City Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the Parties
6 4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
and acceptance of the Project by City
6 5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work associated
with the Project and (2) deliver or otherwise make available to City, copies of any data, design
calculations, drawings specifications, reports, estimates, summaries, and such other information and
materials as may have been accumulated by Contractor in performing the Project Contractor shall
be compensated on a pro -rata basis for any work completed up until notice of termination
6 6 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five (5)
calendar days prior written notice to Contractor
4
6 7 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work associated
with the Project and (2) deliver or otherwise make available to City, copies of any data, design
calculations, drawings, specifications, reports, estimates, summaries, and such other information and
materials as may have been accumulated by Contractor in performing the Project Contractor shall
be compensated on a pro -rata basis for any work completed up until notice of termination
6 8 This Agreement, including the exhibits incorporated by reference, represents the entire agreement
and understanding between the Parties as to the matters contained herein and any prior negotiations,
proposals and verbal agreements relating to the subject matter hereof are superseded by this
Agreement Any amendment to this Agreement shall be in writing and approved by the City
Council and signed by City and Contractor
6 9 This Agreement shall be governed by and construed in accordance with the laws of the State of
California
6 10 Claims by the Contractor in the amount of Three Hundred Seventy -Five Thousand Dollars ($375,000)
or less shall be made by Contractor and processed by City pursuant to the provisions of Part 3, Chapter
1, Article 1 5 of the Public Contract Code (commencing with section 20104) All claims shall be in
writing and include the documents necessary to substantiate the claim Nothing in subdivision (a) of
Public Contract Code section 20104 2 shall extend the time limit or supersede the notice requirements
provided in this case from filing claims by Contractor
6 11 If any provision or part of this Agreement is held to be void or unenforceable under any law or
regulation, it shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon City and Contractor
IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this
Agreement
CITY OF REDLANDS ATTEST
By �.
Pat Gilbreath, Mayor Pro Tem City C erk
irf, fe f(An I fT fiV:C1S/ F'!C
By
ref,
DJM\Agreemcnts\Leverage Information Systems
J6c
Date J'.4e 2/ Z 7
5
Exhibit "A"
6
Exhibit "13"
PAYMENT BOND
WHEREAS, the Crty of Redlands (hereinafter designated as "City''), find 1,e2re
jp ris (hcrenaller designated as "Principal) Italie entered into an Arnalagcnstonalcomplete certain designated public Improvements, which by said agreement dated June 19 207,d identified
ed as
Contract * , ("Project") Is hereby referred to and made a part hereof; and
* Redlands Sports Park
WNEREAS, under the terms or saki agreement, Principal is required, prior to partorrnance of the Project, to furnish a
bond for the faithful porformance oftid agreement
NOW, THEREFORE, ORE, said Principal and the undersigned as corporate surety, are herd and firmly bound unto City in
the penal sum of Thirty Nine Thousand, Two Hundred Forty Eight and 27/100 Dollars (539,248.27) lawruf money or
the United Status, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by these presents
rhe condition of this obligation is such that if the above bounded 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 perform the covr.narrts,
conditions and provisions in the said agreement and any alteration thorcof 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 City, Its officers, agents and employees, as therein
stipulnted, then this obligation shall become null and void, otherwise it shall be and remain in fiifl force and effect.
As a part of the obligation secured hereby and in addition to the facc amount specified therefore, thorn shall bc.
iincluded costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully
enforcing such obligation, all to be taxed as costs and included in any Judgment rendered
Tho surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms ufiha
agreement or to the work to ba performed thereunder or the specifications accompanying the same shall in anywise
affect its obligations an this bond, and it docs hereby waive notice ofany such change, extension of urn, alteration or
addition to the terms ofthe agreement or to the work or to the specifications
IN WITNESS WHEREOF, this instrumerrt has been duly executed by the Principal and surety named,
on June 27 V007 Band No LC44.78
(Signature
(Soli and Notarial Acknowltadgtnciu orSurety)
17.17,11 uncnionIElta.vr4c1"I[umniiMlSyslrsi,s
. I I I I s
Attorney In F,(act
(SEAL)
Co.
Address. P 0 Box 9271, Seattle, WA 98109
•
'1'eleph env p06 )_,628-7200
7
f,
die
LIMITED POWER OF ATTORNEY
INS[.1PANCE
Not Valid for Bonds
Executed On or After:
OCTOBER 31sT, 2007
Power of Attorney
Number 116058
READ CAREFULLY. to be used only with the bond specified herein
0 l a t :1 - .1i t i Pos• • . A ti 4 • r4 4 .1. u . A v. lie o ei ,1 of thi d's •.. e t is 4 i t: 9 o g ay
security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company')
The original document contains a watermark with the letters "chic" embedded in the paper rather than printed upon it. The
watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is
visible when the document is held to the light. This document is valid solely in connection with the execution and delivery of
the bond bearing the number indicated below, and provided also that the bond is of the type indicated below This document
is valid only if the bond is executed on or before the date indicated above.
KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute
and appoint the following: TIM MCLEAN, SARAH MCLEAN, MELODY A. CLEMANS and
JERRY W. KISER its true and lawful Attorney(s)-.in-Fact, with full power and
authority hereby conferred in its name, place and stead, to execute,
acknowledge and deliver on behalf of the Company: (1) any and all bonds and
undertakings of suretyship given for any purpose, provided, however, that no
such person shall be authorized to execute and deliver any bond or undertaking
that shall obligate the Company for any portion of the penal sum thereof in
excess of $10,000,000, and provided, further, that no Attorney -in -Fact shall
have the authority to issue a bid or proposal bond for any project where, if a
contract is awarded, any bond or undertaking would be required with penal sum
in excess of $10,000,000; and (2) consents, releases and other similar
documents required by an obligee under a contract bonded by the Company. This
appointment is rade under the authority of the Board of Directors of the
Company.
CERTIFICATE
I, the undersigned secretary of Contractors Bonding and Insurance Company; a Washington
corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and
has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the
reverse are now in full force and effect
Bond Number LC4478
Signed and sealed this
27th day of June
2007
R. Kirk Eland, Secretary
CBIC . 1213 Valley Street • PO Box 9271 • Seattle, WA 98109-0271
(206) 622-7053 • (800) 765-CBIC .(Toll Free) • (800) 950-1558 (FAX)
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Jun -le -Pr IJ:dbam Frain-C1TY OF RfiaI.AHQS .UNCIPAL U71LLTIE:S grPT ITGT4
T -Z74 oelrn FDT3
Whalen*, the City of Redlands Co
"Principal') stave a rerCd unto an a
public improve ants, whaCh said
Redlands Sports Park (-Project") is h
Fxiti3.rit "C"
OR ASID MATERIAL BOND
) and ?r../ATP 5e-r-,...e.s./.; '.. (hereinafter dole ted as
whereby Principal ams to install and corn/Acre rxmin designarM
t, dated June 19, 20O7,.and :dsnuificd as the integrated video sysrern for the
by referrti d to sind Mule 2, part hereof, and
'c mit, Principal is required btfcrre entering upon th performance of. the
est l id with City to secure tete claims to which reference is made in Title
art 4 ofttivistort 3 ofthe Civii'Code.
ux ersigued.'as =Pante surety, are .held firmly bound unto City anis 411
canal men and r}t r p ins cttap1o3 e4 is tilt PeentnianCe of the aforesaid
d Civil Code in the stun of Thirty dine Thousand, Two Hundred Farcy
7) for attatenals furnished or labor thereon of any kind, or for amounts due
with respect to Blanc work or labor, that said se re y vsrilI pay tits= Karla in at`,
hove set forth, and alsc►.in ease sunt is brought upon this bond, will pay, in
and reasonable expimaes and feet, *hems reasonable attorneys' fats.
It such obligation), PO be awarded acid U7red by the court, and to be taxed as
hetet =dere&
Whereas, under the terns of said a
Project, to file a good and sufficient Pa
15 (cortnneaciAg.with Section 302) of
Kern, therefore. the Principal and the
contractors subcontractors, laborers,
agreement and referred to m the afores
Light end 2.71100 Dollars ($39,248
under the L7nemployMent inattrttpee A
amount not =Mang the amount here,
addition to the ice ainoi ii thergOt
tuourred by City in successfully
costs and to be included in the judgment
It is hereby expressly stipulated arid a
and corporations entitled to file claim
Givlt Code, so as to give a right i faatio
Should the condition of this bond b+,~
shall be and remain its full force and
The surety hereby stipulates and agues
agreement or the tspecificzioi s acco
does hereby waiver notice of any such ch
In w imJSineh L id7insUUt
Federal Network Service
[Sigitapire)
That thig bond shall insiw to the benefit of any and all patens, cot patni
cher Title 15 (txurnrienerng with Section 3082) of Pan 4 of Division 3 of the
to them or their ass es it) any salt brought upon this bond
ly p rromiarl, then du; obligation shall become null and void, otherwise IT
that no change, extension anew., a{tcaafiosi or addition to the Metrics of said
rag the same shall rn any manner affect its obligationa on this band, and it
ge, =tension oftirne, alteration or addition,
las been duly executed by the Principal and surety above named, on
(Seat sad Notarial Ackdowltdgmetst r>fSuit y)
Contractors Bonding & Ins CoIS L)
(suety
Attorney In Fact
Addro s l'JA 98109
Telephone 206) 628-7200
8
Exhibit "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Contract No
Every employer except the State, shall secure the payment of compensation in one or more of the following
ways
(a) By being insured against liability to pay compensation in one or more insurer duly authorized
to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure,
either as an individual employer or as one employer in a group of employers, which may be
given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
self -insure and to pay any compensation that may become due to his or her employees
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and 1 will comply with such provisions before commencing the performance of the
work of this Agreement (Labor Code §1861)
Date
Di kL\AgrecmentslLevcrig.. Ln forniam on Systems
igaiftgC ,' 7> k
By
Signature of A uthorized Agent
Signatory's Title
Contractor's License No
Date
fle _1/ ?_ a7
9
Resolution Nos. 6581-6582 - Landscape Maintenance District No 1 - On
motion of Counctlmember Gallagher, seconded by Councilmember Gil, the City
Council adopted, by AYE votes of all present, Resolution No 6581, a resolution
of the City Council of the City of Redlands giving preliminary approval of the
Engineer's Report for Fiscal Year 2007-2008 for Landscape Maintenance
District No 1 On motion of Councilmembet Gallagher, seconded by
Councilmember Gil, the City Council adopted, by AYE votes of all present,
Resolution No 6582, a resolution of the City Council of the City of Redlands
declaring its intention to levy and collect assessments within Redlands Landscape
Assessment Distnct No 1 foi Fiscal Year 2007-08 pursuant to the Landscaping
and Lighting Act of 1972, and establishing a time (July 17, 2007, at 7 00 P M )
and place for hearing protests
Resolution Nos. 6585-6586 - Street Lighting District No. 1 - On motion of
Councilmember Gallagher, seconded by Councilmember Gil, the City Council
adopted, by AYE votes of all present, Resolution No 6585, a resolution of the
City Council of the City of Redlands giving preliminary approval of the
Engineer's Report foi Fiscal Year 2007-2008 for Street Lighting District No 1
On motion of Councilmember Gallagher, seconded by Councilmember Gil, the
City Council adopted, by AYE votes of all present, Resolution No 6586, a
resolution of the City Council of the City of Redlands declaring its intention to
levy and collect assessments within Redlands Street Lighting Distnct No 1 for
Fiscal Year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, and
estabhshing a time (July 17, 2007, at 7 00 P M) and place for hearing protests
Agreements - Security Upgrades - Sports Park - On motion of
Councilmember Gallagher, seconded by Councilmember Gil, by AYE votes of all
present, the City Council approved an agreement with Leverage Information
Systems, Inc (formerly Federal Network Services) Lot the integrated video
system for the Redlands Sports Park in the amount of $39,248 27 the service
agreement with Pacific Alarm for a security system for the Redlands Sports Park
in the amount of $6,581 00, authonzed the Mayor to execute, and the City Clerk
to attest to, the documents on behalf of the City, and authorize Change Order
No 2 to the contract with Rymax Electric, Inc in the amount of $30,470 00 for
installation of security upgrades foi the Redlands Sports Park
Agreement - Mountain View Grove - The dedication and maintenance agreement
with Bixby Land Company for the Mountain View Grove for the dedication of
14 acres of improved property was withdrawn from the agenda at the request of
Bixby Land Company
Local Emergency Report - Oii motion of Councilmember Gallagher, seconded by
Councilmember Gil, the City Council acknowledged receipt of the report from
the Municipal Utilities Department regarding the status of the declared local
emergency at the Hinckley Water Treatment Plant and North Orange Well Field
June 19, 2007
Page 4
Resolution Nos 6581-6582 - Landscape Maintenance Distract No. 1 - On
motion of Councilmember Gallagher, seconded by Councilmember Gil, the City
Council adopted, by AYE votes of all present, Resolution No 6581, a resolution
of the City Council of the City of Redlands giving preliminary approval of the
Engineer's Report for Fiscal Year 2007-2008 for Landscape Maintenance
District No 1 On motion of Councilmember Gallagher, seconded by
Councilmernber Gil, the City Council adopted, by AYE votes of all present,
Resolution No 6582, a resolution of the City Council of the City of Redlands
declanng its intention to levy and collect assessments within Redlands
Landscape Assessment District No 1 for Fiscal Year 2007-08 pursuant to the
Landscaping and Lighting Act of 1972, and establishing a time (July 17, 2007,
at 7 00 P M) and place for hearing protests
Resolution Nos 6585-6586 - Street Lightmg District No 1 - On motion of
Councilmember Gallagher, seconded by Councilmember Gil, the City Council
adopted, by AYE votes of all present, Resolution No 6585, a resolution of the
City Council of the City of Redlands giving preliminary approval of the
Engineer's Report for Fiscal Year 2007-2008 for Street Lighting Distnct No 1
On motion of Councilmember Gallagher, seconded by Councilmember Gil, the
City Council adopted, by AYE votes of all present, Resolution No 6586, a
resolution of the City Council of the City of Redlands declanng its intention to
levy and collect assessments within Redlands Street Lighting Distnct No 1 for
Fiscal Year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, and
establishing a time (July 17, 2007, at 7 00 P M) and place for hearing protests
Agreements - Security Upgrades - Sports Park - On motion of
Councilmember Gallagher, seconded by Councilmember Gil, by AYE votes
of all present, the City Council approved an agreement with Leverage
Information Systems, Inc (formerly Federal Network Services) for the
integrated video system for the Redlands Sports Park in the amount of
$39,248 27 the service agreement with Pacific Alarm for a security system
for the Redlands Sports Park in the amount of $6,581 00, authorized the
Mayor to execute, and the City Clerk to attest to, the documents on behalf
of the City, and authorize Change Order No. 2 to the contract with Rymax
Electric, Inc in the amount of $30,470 00 for installation of security
upgrades for the Redlands Snorts Park
Agreement - Mountain View Grove - The dedication and maintenance
agreement with Bixby Land Company for the Mountain View Grove for the
dedication of 14 acres of improved property was withdrawn from the agenda at
the request of Bixby Land Company
Local Emergency Report - On motion of Councilmember Gallagher, seconded
by Councilmember Gil, the City Council acknowledged receipt of the report
from the Municipal Utilities Department regarding the status of the declared
June 19, 2007
Page 4
AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 19th day of June, 2007 ("Effective Date") by and
between the City of Redlands, a municipal corporation ("City"), and Pacific Alarm Service, Inc
('`Contractor") City and Contractor are individually sometimes referred to herein as a "Party," and
together as the "Parties "
In consideration of the mutual promises contained herein, City and Contractor agree as follows
ARTICLE 1 - ENGAGEMENT OF CONTRACTOR
1 1 City hereby retains Contractor to install an alarm system at the Redlands Sports Park (the
"Project")
1 2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the work to be performed in connection with the Project, and shall not be debarred pursuant
to Labor Code sections 1777 1 and 1777 7
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2 1 The Project which Contractor shall perform is more particularly described in Exhibit "A," which
is attached hereto and incorporated herein by this reference
2 2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the
performance of the Project including, but not limited, to all applicable Labor Code and prevailing
wage laws commencing at Labor Code section 1770 et seq and non-discrimination laws,
including the Americans With Disabilities Act Pursuant to Labor Code section 1773 2, copies
of the prevailing rates of per diem wages as determined by the Director of the California
Department of Industrial Relations for each craft, classification or type of worker needed to
undertake the Project are on file at City's Administrative Services Department, located at the
Civic Center, 35 Cajon Street, Suite 10 (Mailing P 0 Box 3005), Redlands, California 92373
2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wage, that City may enforce such provisions by withholding contract payments to Contractor or
its subcontractors pursuant to Labor Code section 1771 6
2 4 If Contractor executes an agreement with a subcontractor to perform work on the Project,
Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the
subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5,
1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for
failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by
City pursuant to Labor Code sections 1775 and 1813.
DJ Mf\Agreetnents\Pacitic Alartn Installation
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When so addressed, such notices shall be deemed given upon deposit in the United States mail,
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to who notices, bills
and payments are to be given by giving notice pursuant to this section 4 3
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5 1 Contractor's Insurance to be Pnmary All insurance required by this Agreement shall be
maintained by Contractor for the duration of the Project, and shall be pnmary with respect to
City and non-contnbuting to any insurance or self-insurance maintained by City
5 2 Workers' Compensation and Employer's Liability
A Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the duration of the Project pursuant to Labor
Code sections 3700 and 1860, in an amount which meets statutory requirements, with an
insurance earner acceptable to City. The insurance policy shall include a provision
prohibiting the policy's modification or cancellation except upon thirty (30) days pnor
written notice to City Contractor shall execute and deliver to City a Worker's
Compensation Insurance Certification in the form attached hereto as Exhibit "B" pnor to
commencement of the Project
B Contractor expressly waives all nghts to subrogation against City and its elected officials,
officers and employees, for losses ansing from work performed by Contractor on the
Project by expressly waiving Contractor's immunity for injuries to Contractor's
employees Contractor agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by, or on behalf of, any
employee of Contractor This waiver is mutually negotiated by the Parties This
subsection shall not apply to any damage resulting from the sole negligence of City, its
agents and employees To the extent any of the damages referenced herein were caused
by or resulted from the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and hold harmless are valid and
enforceable only to the extent of the negligence of Contractor, its officers, employees and
agents
5 3 Hold Harmless and Indemnification Contractor shall indemnify, hold harmless and defend City
and its elected officials, employees and agents from and against any and all claims, losses and
liability, including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any act or omission of Contractor, and its officers, employees and agents, in
performing the Project
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6 5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Project and (2) deliver or otherwise make available to City, copies of any
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing the
Project Contractor shall be compensated on a pro -rata basis for any work completed up until
notice of termination
6 6 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five (5)
calendar days prior written notice to Contractor
6 7 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Project and (2) deliver or otherwise make available to City, copies of any
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing the
Project Contractor shall be compensated on a pro -rata basis for any work completed up until
notice of termination
6 8 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and any
prior negotiations, proposals and verbal agreements relating to the subject matter hereof are
superseded by this Agreement Any amendment to this Agreement shall be in writing and
approved by the City Council and signed by City and Contractor.
6 9 This Agreement shall be governed by and construed in accordance with the laws of the State of
California
6 10 Claims by the Contractor in the amount of Three Hundred Seventy -Five Thousand Dollars
($375,000) or less shall be made by Contractor and processed by City pursuant to the provisions of
Part 3, Chapter 1, Article 1 5 of the Pubhc Contract Code (commencing with section 20104) All
claims shall be in wnting and include the documents necessary to substantiate the claim Nothing in
subdivision (a) of Public Contract Code section 20104 2 shall extend the time limit or supersede the
notice requirements provided in this case from filing claims by Contractor
6 11 If any provision or part of this Agreement is held to be void or unenforceable under any law or
regulation, it shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon City and Contractor
BJM\Agreements\Picific Alarm Installation
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Exhibit "A"
SCOPE OF WORK
At the Redlands Sports Park, as directed by City staff, Contractor shall install
(1) A multi -zone alarm control panel with zone expansion capability, multi -area entry/exit delay and
rechargeable standby power Contractor will move the control panel to the office building once
the office building is completed,
(2) One digital on/off keypad with alpha -numeric display, panic and bypass functions,
(3) Contacts on main electrical cabinets Contractor's electrician to provide weather proof can
(18X18X6 with 110 volt outlet at electrical panels for the temporary location),
(4) Six outdoor motion detectors (125 foot range);
(5) All system setup and programming,
(6) Digital communication to the Central Station with weekly test signal, and
(7) One temporary telephone line at control panel location, or use a long range radio until building is
constructed.
DJNrlAgreements%Plcitic Alarm Installation
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PACIFIC ALARM SERVICE INC
BEAUMONT (951) 845 1666
521 WELLWOOD AVENUE
BEAUMONT CALIFORNIA 92223
PROPOSAL
FAX (951) 769-1230
HEMET (951) 658 7811
TO Kurt Smith June 13, 2007
Redlands Police Dept ksrnithCa�redlandspolice org
Re Burglar Alarm System with Central Station Monitoring
Multi -zone alarm control panel with zone expansion capability, multi -area,
entry/exit delay and rechargeable standby power
One digital on/off keypad with alpha -numeric display, panic and bypass functions
Contacts on main electrical cabinets
Six outdoor motion detectors ( 125 ft range)
Two auxiliary relay modules- video activation
All system setup and programming
Digital communication to Central Station with weekly test signal
Installation $6681 00 ( Prevailing wage rate)
Monthly equipment rental, on/call
service and 24hr monitoring
$125 50
Option 1
Long range digital / radio transmitter for alarm and trouble signaling to Central Station
in the event the telephone line is disabled or not functioning
Installation $185 00
Add monthly $15 50
Notes
Control panel to be moved to the office building once completed
Electrician to provide weather proof can ( 18x18x6 with 110 volt outlet at electrical
panels for temporary location)
One telephone line temporary at control panel location (or use the long range radio
until building is constructed)
Please feel free to call if you have any questions or if we can be of service
COMPANY REP Dale W Williams
ACCEPTANCE OF PROPOSAL
TITLE GM DATE 6-13 2007
SIGNATURE TITLE DATE