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HomeMy WebLinkAboutContracts & Agreements_36-2006_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 21 st day ofFebrua by and between the City of Redlands a municipal corporation Cit „ #t February,2006{Effective Date"), ("Contractor") who are sometimes individually referred to herein as a "part { y ) and Republic Electric "Parties." y and together, as the In consideration of the mutual promises contained herein, City and Contractor agree as ARTICLE I -ENGAGEMENT OF CONTR4CTOR 1•I City hereby retains Contractor to perform monthly City-wide Si Emergency repairs on an "as needed basis"{the "Services"). final Maintenance and ' 1.2 } The Services shall be performed by Contractor in a professional manner, and represents that it has the skill and professional expertise necessary to provide th Contractor to City at a level of competency e Services p y presently maintained by other practicing professional contractors in the industry providing like and similar types of services. Contractor shall Possess the appropriate State Contractor's License required for the services and shall notbe debarred pursuant to Labor Code sections 1777.1 and 1777.7. t be ARTICLE 2 -RESPONSIBILITIES OF CONTRACTOR 2.1 The Services which Contractor shall perform are more particular) described February 14, 2006, entitled "Interim more Signal Maintenance,"Y bed in a letter dated Contractor's proposal, all of which are attached hereto as Exhibit «A,'arldi portions of herein by this reference. incorporated 2.2 Contractor shall comply with all applicable Federal, State and local law the performance of this Agreement including, but not limited to, the Am sand regulations in Disabilities Act, the Fair Employment Americans With p yment and Housing Act and prevailing wage laws commencing at Labor Code section 1770 et se q. Americans in With Disabilities Act. Pursuant to Labor Code seand ction ation 2s including the Prevailing rates of per diem wages as determined C the Director 3. the i apies of the Department of Industrial Relations for each craft, classification, ort e of worker California to execute this agreement are on file at the City of Redlands office of the Public Department, Civic Center, 35 Cajan. Street, Suite 222 (P.O. orker needed California t, Civ Works ( .O. Box 3005 mailing), Redlands 2.3 Contractor further understands that if it violates the Labor CodeProvisions prevailing wage, then City may enforce the Labor Code by notice of thevit relating to contract payments to Contractor or subcontractor pursuant to Labor Code section1 ding of 71.6.. t OWN r r 2.4 Contractor agrees that if it executes an agreement with a subcontractor to work on t is Project,then Contractor shall comply with Labor Code sections 1775 and 1777.7 including g Providing 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 for penalties for failure to comply with state wage and hour laws and to pay prevailin wa es may be enforced by the City pursuant to Labor Code sections 1775 and 1813. g g 2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 2.6 Contractor acknowledges that eight (8) hours constitutes alegal 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. ARTICLE..3 -RESPONSIBILITIES OF CITY 3.1 City will make provision for Contractor to enter upon City-owned property, as required by Contractor, to perform the Services. 3.3 City designates Ronald C.Mutter as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 - PERIOD OF SERVICE 4.1 Contractor shall perform the Services in a prompt and diligent manner. ARTICLE 5 -PAYMENT AND NOTICE 5.1 The total compensation for Contractor's performance of the Services shall not exceed the amount of Seventy-Five Thousand Dollars($75,000.00). City shall pay Contractor on a time and materials basis up to the not to exceed amount, in accordance with the hourly and unit rates identified in the "Rate Schedule," which is attached hereto as Exhibit "B" and incorporated herein by this reference. 5.2 Payments by City to Contractor shall be made within thirty (30) days after receipt and approval of Contractor's invoice, by warrant payable to Contractor. Invoices shall be sent on a monthly basis. 5.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by mail should be addressed as follows: i IR City: Ronald C. Mutter City of Redlands Public Works Department PO Box 3005 Redlands, CA 92373 Contractor: Republic Electric 7120 Redwood Blvd. Novato, CA. 94945-4114 When so addressed, such notices shall be deemed given upon deposit in the United States mail. Changes may be made in the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 All insurance required by this Agreement shall be maintained by Contractor for the duration of the performance of the Services. Contractor shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty(30)days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability, A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty(30) days prior written notice to City. B. Contractor expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Contractor for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and 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 waiver 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 and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. I f a C. Contractor shall sign the Worker's Compensation Insurance Certification attar as Exhibit"C" to this Agreement. attached 6.3 Hold Harmless and Indemnification. Contractor shall indemnif y,hold harmless,armless,and defend City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure to act by Contractor, its officers, employees, and agents in performing the Services. 6.4 Assignment. Contractor is expressly prohibited from assigning any of the Services without the express written consent of City. In the event of mutual agreement between Parties to assign a portion of the Services, Contractor shall add the assignee as an additional insured and provide City with the insurance endorsements prior to the performance of any services by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, damage and personal injury is required. City shall be named as an additional insured the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of work. 6.6 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 limit for bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used on the project,hired and non-owned vehicles,and employee non-ownership vehicles. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. City shall be named as an additional insured and a certificate of liability insurance and endorsement shall be delivered to City prior to commencement of the services. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 Attorneys' Fees. 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 the recovery of its reasonable attorneys' fees, including fees for in-house counsel of the Parties at rates prevailing in San Bernardino County, California. 7.2 Prohibition against Assignment. Contractor shall not assign any of the Services to be performed under this Agreement,except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 4 7 Documents and Records. All documents, records, drawings, designs, cost estimates, electronic data files, databases, and other documents developed by Contractor pursuant to this Agreement,and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents and any use of incomplete documents will be at City's sole risk. 7.4 Independent Contractor Status. Contractor is for all purposes an independent contractor. Contractor shall supply all tools and instrumentalities required to perform the Services. All personnel employed by Contractor 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. 7.5 Termination. A. Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. B. This Agreement may be terminated by City,in its sole discretion and without cause, by providing five(5)business days prior written notice to Contractor(delivered by certified mail, return receipt requested) of intent to terminate. C. If this Agreement is terminated by City,an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and(2)any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. D. Upon receipt of a termination notice, Contractor shall immediately discontinue all services affected, and within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) 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 required by this Agreement. Contractor shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.6 Books and Records. Contractor shall maintain books and accounts of all payroll costs and expenses related to the Services. Such books shall be available at all reasonable times for examination by City at the office of Contractor. 7.7 Entire Agreement. This Agreement,including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein,and any prior negotiations,written proposals or verbal agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 5 O 7.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF,duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS REPUBLIC ELECTRIC By By .Ion Harrison, Mayor f Attest: t � Cty�l?xk 6 i EXHIBIT"A" IWEIVED Republic Electric FEB h February 14,2046 Rick Cross City of Redlands 35 Cajon Street Redlands,CA 92373 Job Name: Traffic Signal Maintenance Mr.Cross: As we discussed,here is the scope of work we perform when doing monthly maintenance.On items such as Battery Backups, each manufacture has their own maintenance schedule that we follow, but basically each month we will bypass the unit to make sure it activates and test the batteries to make sure they are charging. On the issue of response time in our proposal page 16 we have stated that our re nse time to Redlands during normal business hours and during after hours would be one(1)hour.Most of the 'fume this would be under one hour. In the list below, as we discussed items that need attention would not be done by Republic Electric,but would be forwarded to yourself for city staff to correct.Ifyou would require Republic Electric to make repairs,we would be pleased to do so.Any items _ROUTINE 1VLAiNTFNANCE • Visually inspect controller and cabinet for proper operation. • Visually inspect signals for proper alignment. • Visually inspect all vehicular and pedestrian signals for proper operation. Check load switches • Check relays. • Check detector amplifiers and tune if needed. • Check detector extensions. • Check indictor • Check and acture each pedestranpush button for proper • Visually check for bent visors and b&ckplates. • Manually record date and time m controller cabinet and send written confirmation of monthly inspection with Redlatis, by Wwwction. 3-MONTH ROU'u rte'MA_�j'ENAN("E n additkrn to monthtvi • Check the time setting and match with time sheet on solid • state controllersVmWly mSP0d wa&v akg loop det+ ctm forPossible-=posed wires,. cracks• Vacuum and clean controller cabinet and contents. and pot holes. • Manually record inspection date and time in controller cabinet and said written confirmation of 3-month inspection with recommendations to Redlands,by intersection. • Check al pull boxes.Check all splices in pull box. 6-M4NTH ROUTINE NrAiNT1NAtvc'E tZn addldou to momthty And i.�,,,.,tn.� • Chock controller cabinet fitter and replace if needed. (714)535-0550 - Fax(714)535-0110 - 715 E. Debra Lane - BOSTON Anaheim,CA 82845 - DALLAS - LOS ANGELES - SACRAMENTO - SAN FRANCISCO • Check ground rod clamp and wire. • Check wire schematics and records to make sure they are in the cabin eL • Check operation ofthe fan. • Check operation of ground faun receptacle. • Measure voltage at service inputs in cabinet and record. • Visually check integrity of splices. • Visually check for wear and function on electromechanical controllers. • Manually record inspection date and time in controller cabinet and send written confinnation of 6-month inspection with recommendations to Relands by intersection. YEARLYROOTtNE iY1aiN'r'�ENANCE On addition to am 3 and 6-month) • Check weatherproof gasket seal on controller cabinets. • Check for water accumulation and duct sealant. • Lubricate hinges and lock on controller cabinets. • Check all connectors. Manually record inspection date and time in controller cabint and semi written confirmation of yearly inspection with recommendations to Redlands by intersection. (714)535-0550 - Fax(714)535-0110 - 715 E.Debra Larne - Anaheim, CA 92805 BOSTON - DALLAS - LOS ANGELES - SACRAMENTO - SAN FRANCISCO} EXHIBIT`B" RATE SCHEDULE Republic Electric Rick Cross City of Redlands 35 Cajon Street Redlands,CA 92373 Re: Interim Traffic Signal Maintenance Mr. Cross: We offer to perform interim routine traffic signal maintenance on 61 intersections in the city of Redlands through June 30,2006,at the rate given in our proposal. These rates are negotiable as well as the term period Monthly Maintenance per intersection $ 59.00 X 61= $3,599.00 Monthly Maintenance on BBU System$5.00 X61= $305.00 Total Monthly cost. $3,9(4.00 This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terns, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery of a copy of tins offer duly signed by you in the space provided below. Sincerely RECEIVED Ken Harris JAN 2 4 2006 General Manager Socal Republic Electric C WORKS (714)535-0550 - Fax(714)535-0110 - 715 E.Debra Lane - Anaheim,CA 92805 BOSTON - DALLAS - Los ANGELES . SACRAM[ENPO - SAN FRANCISCO Redlands TS Maintenance 1/6/2006 Proposed Pricing Description Month Maintenance intersection 59.00 Month Mainrtenance BBU Systems 5.00 Labor Rates Regular 1.5 Time Time rField ction Forman $75.00 $112.50 Construction S' nalman $68 $102 00 al S 'sor $68.� $102.00 hnician $75.00 $112.50 chnician $68.00 $1021 41 -.00 Regular time is from 7:30AM to 4:OOPM Monday thru Friday. 1.5 and Double time determined based on prevailing wage requirements and labor laws for the state of California. Equipment Rates Boom Truck assume means crane) $50 Bucket Truck $25.00 .00 Man Lift $25 � Service Truck $20.00 Com essor $15.00 Saw cutti r linear foot 1 50 Compensation Rates Detector L Replacement 6X6 $375.00 Detector L -Replacement V diameter $375.00 Paint Controller Capt $325.00 Paint Signal Heads and Baric ate $50.00 CMU Testi Per Location $5 00 Mark up on Materials 15.00°�6 I a i a 1 I I EXHIBIT"C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Contract No.101302-5880-02-06 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 I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code §1861). Date Name of Contractor S' nature of Authorized.Agent 09!atol*pvsTitle Contractor's License No.