HomeMy WebLinkAboutContracts & Agreements_137-2014_CCv0001.pdf AGREEMENT FOR CONSTRUCTION SERVICES
This agreement for the provision of construction services ("Agreement") is made and entered
into this 2"d day of July, 2014 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City"), and Safe Zone Ballistics ("Contractor"). City and Contractor are sometimes
individually 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 perform fabrication and installation of ballistic resistant
materials at the Iocations specified by the City's Police Department(the"Services").
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the performance of the Services, and shall not be debarred pursuant to Labor Code sections
1777.1 and 1777.7.
ARTICLE 2- RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform are 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 Services including, but not limited, to all applicable Labor Code and
prevailing wage laws and non-discrimination laws, and 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 perform the Services are on file at City's Municipal
Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A
(Mailing: P.O. Box 3005), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding 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 any portion of the Services,
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.
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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 Contractor shall guarantee the Services against defective materials or workmanship for a period of
(1) year from the date of City's issuance of a Notice of Completion for the Services, except where
longer warranty periods are specifically provided by manufacturer of equipment installed in
connection with the provision of the Services. During the (1) one year warranty period, should
Contractor fail to remedy defective material and/or workmanship, or to make replacements within
five (5) days after written notice by City, it is agreed that City may make such repairs and
replacement and the actual cost of the required labor and materials shall be chargeable to and
payable by Contractor.
All work which has been rejected by City, shall be remedied, or removed and replaced by the
Contractor at its own expense. Any defective material or workmanship which may be discovered
before final acceptance of the Services or within (1) one year from the completion date specified in
the Notice of Completion, shall be corrected immediately by Contractor at its own expense
notwithstanding that such defects may have been overlooked in previous inspections and estimates.
Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform
sound and reliable work as herein described. It is Contractor's responsibility to deliver at the time of
final acceptance a completed project that complies in all details with this Agreement.
City will endeavor to locate any errors or defective materials or workmanship and call them to the
attention of Contractor prior to subsequent work being performed. However, City is under no
obligation to do so and shall not be held liable because errors or defective material or workmanship
by Contractor are not discovered prior to subsequent work.
Nothing in this section shall be constnied to limit the rights of City to immediately correct
conditions which may be unsafe or which may pose a public health nuisance. Should said
conditions later be found to be caused by defective material and/or workmanship, Contractor shall
reimburse City for costs reasonably incurred while attending the situation.
ARTICLE 3 -PERIOD OF SERVICE
3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice
to Proceed."
3.2 Contractor shall complete the Services within thirty-five (35) calendar days fi•om and after the date
of the City's issuance to Contractor of the Notice to Proceed.
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ARTICLE 4 -PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Thirteen Thousand One Hundred Fifteen Dollars
($13,115.00) as complete compensation for the Services.
4.2 An initial payment of Six Thousand Five Hundred Fifty-Seven Dollars and Fifty Cents
($6,557.50)by City to Contractor shall be made at time of City's receipt of fabrication drawings.
Subsequent 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:
Mike Reiss Don Culver, CEO and President
Police Department Safe Zone Ballistics
City of Redlands 3430 Irvine Ave.
35 Cajon Street Newport Beach, CA 92660
P.O. Box 3005 (mailing) Ca License# 853359
Redlands, CA 92373
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 whom notices are to
be given by giving notice pursuant to this section 4.3.
ARTICLE 5 -INSURANCE AND INDEMNIFICATION
5.1 All insurance required by this Agreement shall be maintained by Contractor throughout
Contractor's performance of the Services, 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 insurance in the amount that meets statutory
requirements with an insurance carrier acceptable to City, or certification to City that Contractor
is self-insured or exempt from the workers' compensation laws of the State of California.
Contractor shall provide City with Exhibit "B," entitled "Workers' Compensation Insurance
Certification," which is attached hereto and incorporated herein by this reference prior to
occupancy of the Premises.
5.3 Contractor shall secure and maintain in force throughout its performance of the Services
comprehensive general liability insurance, with carriers acceptable to City, with minimum
coverage of One Million Dollars ($1,000,000) per occurrence and Two 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
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modification of coverage limits or cancellation of the policy except upon thirty (30) days prior
written notice to City. A certificate of insurance and endorsements shall be delivered to City
prior to commencement of the Services.
5.4 Contractor shall secure and maintain in force throughout its performance of the Services business
automobile liability coverage, with minimum limits of One Million Dollars ($1,000,000) per
occurrence, combined single limit for bodily injury liability and property damage liability. This
coverage shall include all Contractor owned vehicles used for the Services, hired and non-owned
vehicles, and employee non-ownership vehicles. City shall be named as an additional insured
and the insurance policy shall include a provision prohibiting modification of coverage limits or
cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate
of insurance and endorsements shall be delivered to City prior to commencement of the Services.
5.5 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 negligent or
intentionally wrongful act or omission of Contractor, and its officers, employees and agents, in
performing the Services.
5.6 Contractor is expressly prohibited from assigning any of the work associated with the Services
without the prior written consent of City. In the event of agreement by the Parties to assign a
portion of the Services, Contractor 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 for in this Agreement.
ARTICLE 6 -GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terns 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 the use of 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 documents developed by
Contractor for the Services shall become the property of City and shall be delivered to City upon
completion of the Services.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to
the performance of the Services and not an employee of City. All personnel employed by
Contractor to perform the Services 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.
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6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
and acceptance of the Services by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion,upon two (2)
calendar days prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Services 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
Services. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.7 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 agreements relating to the subject matter hereof are superseded
by this Agreement. Any amendment to this Agreement shall be in writing and approved by City
and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the Iaws of the State of
California.
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OF REDLANDS SAFE ZONE BALLISTICS
ByBy: � r.
Tina Kundig, Finance Director Don Culver, and Presdent
ATTEST:
Sam Irwin, Clerk
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1Acaldjm\Agreementslsafc Zone Ballisties.doe
EXHIBIT "A"
Scope of Services
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June 23`a, 2014
Mike Reiss
30 Cajon Street
P.O, Box 1025
Redlands,CA 92373
909-557-6597
Dear Mr. Reiss,
Thank you for the opportunity to provide you with a proposal from the world leader in blast
and ballistic resistant materials. Below is our proposal for the various products you requested. If
you have any further questions please feel free to contact me, I loot:forward to hearing back
from you.
Sincerely,
1
Don Culver
CEO and President
Safe Zone Ballistics
3434 Irvine Ave.
Newport Beach,CA 92660
(949)474-0765 Office
(949)629-0210 Direct
don@safezoneballistics.com
1820 EAST BARRY AVE,SUITE 106 PHONE:949 474 0765 WEBSITE:SAMBREBA1.tISTICS.COM
SANTA ANA,CA 92705 FAX: 949 474 1432
�M1LLS�"T"SS�L
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Project: Redlands City Chambers
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Ballistic Door with Peepholes
I Using Existing Frames 3 $ 1,615.00 $ 4,830.00
Hardware Included
Built to push button lockspec) }
Push Button Door Lock 3 $95.00 $285.00
i
1 60 Feet of Fiberglass Material for Desks N/A $ 3,300.00
( Level 1: 9mm Protection)
Bandit Barriers 6'x 4'
1 (Including Manual Speaker Holes 1 $2,300.00 $ 2,300.00
Plexiglass 9mm Barrier)
Installation N/A $2,400.00 $2,400.00
Grand $ 13,115.00
Total
Pricing Excludes:
Applicable Taxes
Pricing Includes:
Freight&Delivery
Notes:
Terms of payment: 1/2 down prepaid at time of receipt of fabrication drawings.
Price is good for 30 days after issuance of proposal.
Please verify threat level before purchasing,
Pricing provided based upon information requested.
Any change in scope will result in a change in price.
Special order materials payment terms: Prepaid.
Production Time:4-5 weeks(after receipt of'/Down Payment).
Acceptance of Proposal:
The above prices,specifications and conditions are satisfactory and are hereby accepted. You are
authorized to complete the specified work, Payment shall be as above terms.
Signature: Date:
1620 EAST BARRY AVE, S017E 106 PHONE:949 474 0756 WEBSITE: SAFEZONEBALLISTICS.CUM
SANTA ANA,CA 92706 FAX:949 474 1432
EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shalt secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers 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.
CHECK ONE
*SI 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 I will comply with such provisions before commencing the
perfonnance of the work and activities required or permitted under this Agreement. (Labor Code
51861).
I affirm that at all times, in performing the work and activities required or permitted under this
Agreement, I shall not employ any person in any manner such that I become subject to the workers'
compensation laws of California. However, at any time, if I employ any person such that I become
subject to the workers' compensation laws of California, immediately I shall provide the City with a
certificate of consent to self-insure, or a certification of workers' compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
SAFE ZONE LLISTICS
By: Date: `Z l/ aa/q
Don Culver, CEO anesident
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