HomeMy WebLinkAboutContracts & Agreements_138-2016 AGREEMENT FOR A SECURITY SYSTEM INSTALLATION
This agreement for the supply and installation of a surveillance system at the Orange Street
Alleyway Site ("Agreement") is made and entered into this 24"' day of June, 2016 ("Effective Date"), by
and between the City of Redlands, a municipal corporation ("City"), and Leverage Information Systems
("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 supply and installation of a surveillance system at the City's
Orange Street Alleyway Site (the "Services") located north of Citrus Avenue between North 51h
Street and Orange Street in the City of Redlands.
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.I 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 1.810.
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, in the event
of failure, Contractor shall repair/replace the defective equipment within five (5) business days of
notification by City if for reasons outside of the control of Contractor it is not feasible to get a
permanent repair/replacement in place within that time,Contractor shall provide a temporary solution
that will provide equivalent functionality while waiting for a final solution for more than ten (10)
business days after written notice by City, or if a final solution is not provided within sixty days after
such notice, 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 or its surety.
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 construed 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 and its surety 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 twenty one (21) calendar days from 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 Seventeen Thousand Two Hundred Two Dollars and Forty
Nine cents ($17,202.49) as complete compensation for the Services.
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 Any notice or other communication required, or which may be given, pursuant to this Agreement,
shall be in writing. Any such notice shall be deemed delivered(i) on the date of delivery in person;
(ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on
the actual delivery date if deposited with an overnight courier;or(iv)on the date sent by facsimile,
if confirmed with a copy sent contemporaneously by first class, certified, registered or express
mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or
such other address as a party may provide notice in accordance with this section:
City Consultant
Chris Diggs, MUED Director Terry Woodruff, Vice President
City of Redlands Leverage Information Systems
35 Cajon Street, Suite 15A P.O. Box 630, Suite 110
P.O. Box 3005 (mailing) Woodinville, WA 98072
Redlands, CA 92373
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 whom notices and payments
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 the
Services.
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
modification of coverage limits or cancellation of the policy except upon thirty (30) days prior
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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 frorn 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 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 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.
6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
and acceptance of the Project by City.
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6.5 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.
6.6 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 laws 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 I..,EVERAGE
INFORMATION SYSTEMS
By:
B
Y:
Finance Director Tc
i Kuno woodrUff, ViPrcsident
ATTEST
Sarn Irxin;ACity Clerk
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EXHIBIT "A"
Scope of Services
Contractor will install new surveillance equipment at the Orange Street Alleyway Site (Site) to
monitor the area for the City. The new surveillance equipment will be integrated into the existing
IndigoVision surveillance system, located and monitored at the Police Department.
A new custom pole installed by Contractor located at the east end of the Site will be utilized
to support an analog PTZ camera (Bosch Autodome 600) that will provide situational awareness to
the area, a high speed wireless radio, and a loudspeaker. The PTZ home position will be the east
entrance to the site. Loudspeaker will be installed onto the horizontal pole and connect to PTZ
Encoder over 22/4. The new pole will be located at a height determined by the City to discourage
tampering. A second fixed analog camera (Samsung SNB-5003)will be mounted to horizontal support
to monitor the west entrance of the Site.
A new wireless connection will be installed to support communication of the new cameras; each camera
will be viewable on existing viewing stations using IndigoVision control center at the Annex. Cameras
will record at 4CIF /30fps resolution.
Contractor will install a non-penetrating roof mount to support a 5GHz Mikrotik metal radio, patch
antenna, and NEMA enclosure on the building roof at 19 E. Citrus Avenue. Contractor will install
conduit from the non-penetrating roof mount support to the lower camera mount location.
The Mikrotik metal connected to the patch antenna will create a non-MIMO 5GHz wireless connection
to the Annex location. The Contractor shall ensure the radio is powered by a 24VDC PoE injector over
CAT5/6 cable. The CATS/6 cable wil l connect the radio to a 5-part switch.
The NEMA enclosure will support the following: 5-port switch, (2) IndigoVision Encoders, and power
supplies. Each encoder will connect to the switch using CAT5/6 cable. 24VDC will power the switch.
Each encoder will be powered using 24VAC.
Leverage to provide and install:
• VG5-623-ECS Bosch AutoDome 600 series28x NTSC outdoor pendant camera.
• 9000 1 input encoder/decoder box with audio—ext. temp -30 to +65°C, PoE.
• Configure encoders to alarm on sensor triggers 24/7 and modify if needed.
0 Wireless AP/CPE, outdoor 802. 11 a/n 1300mW.
• Analog box camera, 1/3" 1.3MP CMOS, I OOOTVL, True D/N, 120dB WDR, analytics, 24VAC
(Samsung SNB-5003).
• Patch antenna on existing pole on roof of Annex.
• New wireless link on roof of Annex to create a SGhz Non-Mimo connection to Site location.
• New custom pole.
• Loudspeaker powered by -24VDC located in NEMA enclosure.
• Mikrotik metal radio.
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• NEMA enclosure.
• 5-Port switch.
• 24VDC PoE Injector.
• 120VAC will be required to power the NEMA enclosure.
• 24VSC PoE injector over CATS/6 cable.
• I-IndigoVision Encoder.
• Miscellaneous installation materials.
City requirements:
• Acquire MOU agreement with property owner to allow mounting of surveillance equipment.
• Access to the Site
• Any permits required.
• Provide 120VAC power within 20 feet of the installation location.
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
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 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
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 and activities required or permitted under this Agreement. (Labor Code §1861.).
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.
LEVERAGE INFORMATION SYSTEMS
By: z of
Terry Woodruff, Vice President Date:
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