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Ace Electric Inc; 2025-09-26;
Page 1 City Attorney Approved Version 6/20/2025 AGREEMENT FOR SPORTS LIGHTING ELECTRICAL MAINTENANCE SERVICES ACE ELECTRIC, INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation ("City") and Ace Electric, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in electrical maintenance of sports lighting systems. B. Contractor has the necessary experience in providing professional services and advice related to providing routine, recurring, and usual commercial electrical maintenance work necessary for protection and preservation of City owned or maintained sports lighting systems. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services ("Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) years or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-five thousand dollars ($45,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement, the amount shall not exceed forty-five thousand dollars ($45,000) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. City reserves the Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 25 26th September Page 2 City Attorney Approved Version 6/20/2025 right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, installation, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by Contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code section 1725.5 requires Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize City’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the City Engineer approves otherwise, Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 Page 3 City Attorney Approved Version 6/20/2025 installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, requests for information, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve Contractor of any other requirements as may be specified in this Agreement. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement caused by any willful misconduct or negligent act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 Page 4 City Attorney Approved Version 6/20/2025 incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 Page 5 City Attorney Approved Version 6/20/2025 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 12.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 Page 6 City Attorney Approved Version 6/20/2025 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Roger Havlak Name Brian Barrett Title Parks Superintendent Title Project Manager Dept Parks & Recreation Address PO Box 601071 CITY OF CARLSBAD San Diego, CA 92160 Address 1166 Carlsbad Village Drive Phone 619-814-4768 Carlsbad, CA 92008 Email brian.b@aceelectricinc.com Phone 442-339-5402 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 City Attorney Approved Version 6/20/2025 Page 7 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 City Attorney Approved Version 6/20/2025 Page 8 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 City Attorney Approved Version 6/20/2025 Page 9 30. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 20____. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Ace Electric, Inc., a California corporation By: By: (sign here) Kyle Lancaster, Parks & Recreation Department Director Christopher Hinds, CEO and Secretary (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy / Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: _____________________________ Deputy / Assistant City Attorney Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 5 September 25 City Attorney Approved Version 6/20/2025 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE SPORTS LIGHTING ELECTRICAL MAINTENANCE SERVICES DEFINITIONS 1. Repair: Authorized service work to equipment and systems required to preserve and protect any City owned or maintained sports lighting as specified in this Agreement. 2. Installations: Electrical equipment installation and adjustment required to preserve and protect any City owned or maintained sports lighting system as specified in this Agreement. 3. Maintenance: Any routine, recurring, and usual services or preventative maintenance on existing City systems necessary for the protection or preservation of any City owned or maintained sports lighting systems as specified in this Agreement. 4. Demolition: The removal of electrical equipment required to preserve and protect any City owned or maintained sports lighting systems as specified in this Agreement. 5. Service Report: Contractor's detailed report in City-approved computer-generated format covering all work performed under this Agreement. Service reports shall be separate documents, listed by facility and shall note all repairs or service work performed, any pertinent electrical diagnostic equipment readings, condition statements and any other information to aid the City in determining future equipment repairs, maintenance or replacement. WORK 1. The Contractor shall perform as needed routine, recurring and usual electrical work required for the preservation or protection of all City owned or maintained sports lighting systems and any associated electrical systems as outlined within these specifications shall be provided by the Contractor. (Public Contract Code Section 22002(d)). 2. This specification covers electrical service and repair work in all City owned and other City maintained sports lighting systems in the Parks & Recreation Department Sports Lighting Inventory, including but not limited to the following: City of Carlsbad Parks & Recreation Department Sports Lighting Inventory Park Name and Location Tennis Courts Basketball Courts Sports Fields Skate Parks Controls Aviara Community Park 6435 Ambrosia Lane 2 Half Courts 2 Poles 2 Lamps 1 Soccer Field 1 Baseball Field 12 Poles 80 Lamps Musco Control Links Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 City Attorney Approved Version 6/20/2025 Page 11 Alga Norte Community Park 6565 Alicante Road 6 Poles 6 Lamps 15 Poles 96 Lamps Poles Lamps Musco Control Links Calavera Hills Community Park 2997 Glasgow Drive 2 Courts 6 Poles 12 Lamps Full Court Half Courts Poles Lamps 12 Poles 99 Lamps Musco Control Links Chase Field 3400 Harding Street 3 Baseball Fields 8 Poles 66 Lamps Musco Control Links Carlsbad High School Tennis Facility 3557 Monroe Street 9 Courts 24 Poles 48 Lamps Musco Control Links La Costa Canyon Park Pueblo Street and Rana Court 2 Courts 9 Poles 12 Lamps 2 Courts 1 Pole 1 Lamp Manual Operation w/Time Clock Laguna Rivera Park 4900 Kelly Drive 2 Courts 9 Poles 12 Lamps Court Poles 2 Lamps Manual Operation w/Time Clock Pine Avenue Park 3333 Harding Street 2 Half Courts 2 Poles 2 Lamps 1 Multipurpose Field 7 Poles 30 Lamps Musco Control Links Poinsettia Community Park 6600 Hidden Valley Road 10 Courts 71 Poles 142 Lamps Pickle Ball 16 Poles 32 Fixtures 2 Courts 6 Poles 8 Lamps Soccer Fields 21 Poles 182 Lamps Multipurpose Arena 4 Poles 12 LED Fixtures Musco Control Links & Manual Operation w/Time Clock Carlsbad Skate Park 2560 Orion Way 5 Poles 20 Lamps Photocell Operation w/Time Clock Stagecoach Community Park 3420 Camino de los Coches 4 Courts 18 Poles 24 Lamps 17 Poles 123 Lamps Musco Control Links & Manual Operation w/Time Clock Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 City Attorney Approved Version 6/20/2025 Page 12 ELECTRICAL SCOPE OF WORK AND EQUIPMENT LIST Contractually required work on City sports lighting systems includes but is not limited to: troubleshooting problems, new installation, maintenance, demolition and repair of the following items associated with any City owned or maintained sports lighting systems: 1. Tennis Court Lighting, Basketball Court Lighting, Skate Park Lighting, Baseball Field Lighting, Soccer Field Lighting, Other Outdoor Sports Field Lighting, Incandescent Lighting, Metal Halide Lighting, Quartz Lighting, Neon Lighting, Sodium Lighting, Fluorescent Lighting and Other Associated Sports Lighting Fixtures and Control Systems and any other lighting systems found within these inventories. 2. Musco Control Link Lighting Control Systems 3. Antennas (Associated with Lighting Control Only) 4. Ballasts 5. Conduits 6. Wiring 7. Switches 8. Disconnects, Fused and Unfused 9. Receptacles 10. Service Panels and Pedestals 11. Distribution Panels and Sub-panels 12. Enclosures 13. Breakers 14. Contactors 15. Transformers 16. High Voltage Systems 17. Low Voltage Systems 18. New Circuits 19. Dedicated Electrical Circuits 20. Wiring and Control Systems of Special Electrical Equipment (All Musco Control Equipment, Clocks, Uninterruptible Power Sources and Other Associated Equipment and Appurtenances). 21. Examples of Troubleshooting include but are not limited to: investigating electrical failures on electrical equipment and systems owned or managed properties, using standard and specialty diagnostic tools including electrical multi-meters, amp probes, meg ohm meters, tick tracers, phase rotation meters and other electrical diagnostic tools. Determining cause of failures and recommending repairs or replacement of electrical equipment as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the Parks Superintendent, or authorized representative. 22. Examples of New Installations include but are not limited to: installation of new equipment, conduits, wiring and associated electrical services or devices necessary for the preservation or protection of a City property as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the Parks Superintendent, or authorized representative. After performing installations, the technician shall show changes and modifications to the system on plan sets provided by the City and submit them for review and approval. If plan sets are not available, the technician shall submit notes and line diagrams of changes for City's review and approval. 23. Examples of Maintenance include but are not limited to: maintenance of equipment, conduits, wiring and associated electrical equipment or devices as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the Parks Superintendent, or authorized Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 City Attorney Approved Version 6/20/2025 Page 13 representative. Maintenance tasks include: cleaning electrical cabinets, terminal and insulation inspection, replacement of wire markers, electrical tape and wire nuts, replacement of wire splices, replacement of contacts, replacement of other worn equipment to prevent possible failure of associated electrical systems as directed by the Parks Superintendent, or authorized representative. 24. Examples of Demolition include but are not limited to: removal of equipment, conduits, wiring and associated electrical equipment or devices necessary for the preservation or protection of a City facility as detailed in the Electrical Scope of Work and Equipment List above as directed by the Parks Superintendent, or authorized representative. This work may be required with upgrades of facilities, demolition of facilities or to remove obsolete equipment from service. 25. Examples of Repairs include but are not limited to: repair of equipment, conduits, wiring and associated electrical equipment or devices as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the Parks Superintendent, or authorized representative. This work may be made pursuant to troubleshooting work identified by the Contractor or City staff, as generated by work order from other City personnel, request from other users of City facilities or as identified during other routine maintenance activities. 26. The Contractor shall furnish all personnel, parts, materials, test equipment, tools and services in conformance with the terms and conditions of this Agreement. 27. City authorization is required prior to performing any repairs whose aggregate parts and labor dollar amount exceeds five hundred dollars ($500.00). The Contractor shall notify the City's authorized representative as designated by Parks Superintendent, or authorized representative, and receive authorization prior to performing repairs more than $500.00. SPECIAL CONDITIONS 1. The Contractor is required to provide uniformed service personnel. The Contractor's staff will work in a semi-autonomous manner. The Contractor's staff will be required to interact in a businesslike and professional manner with City staff and members of the public. 2. The City shall provide access to all devices to be serviced by the Contractor. The Contractor shall not be held responsible for equipment malfunction or damage, should access to equipment or the inability to start and stop primary equipment incidental to the operation of the electrical system be denied or not provided by the City. 3. The Contractor shall provide safe access and egress for City employees or members of the public while work is in progress at City facilities. The Contractor agrees to be responsible for providing and installing any safety or cautionary equipment necessary to prevent unauthorized access to work areas including common public areas. 4. The Contractor shall provide all hand tools, power tools, diagnostic tools and equipment necessary to perform its work under this Agreement except for specialty equipment as detailed in Item #6 of the Special Conditions. 5. The Contractor shall provide hydraulic personnel lifts and aerial work platforms for the price specified in EXHIBIT "B", Service Pricing. Hydraulic personnel lifts must be self-propelled, and fully operational from the work platform. The lifting portion of this equipment must be capable of reaching a minimum of 120 feet in height for item #5 of Exhibit “B”, 80 Feet in height for item #4 of EXHIBIT "B" and capable of reaching 25 Feet in height for item #3 of EXHIBIT "B". The rate quoted must include an operator. No additional hourly pay will be provided for this fully operational equipment over and above the Contractor's quoted rate for lift equipment other than the hourly pay for one service technician unless additional technicians are approved in writing by the City. Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 City Attorney Approved Version 6/20/2025 Page 14 6. If the Parks Superintendent, or authorized representative, requests the Contractor to provide specialty equipment that would not normally be supplied by field technicians including heavy equipment (all types), cranes, scaffolds, and pavement cutting tools, the Contractor agrees that compensation for the specialty equipment shall be as detailed in this section. Regardless of ownership, the rates to be used in determining Contractor's equipment rental costs shall be the "Labor Surcharge and Equipment Rental Rates" published by CALTRANS at the time of the Contractor's actual use of the tool or equipment. CALTRANS equipment rates website can be found at the following web address: http://www.dot.ca.gov/hg/construc/equipmnt.html. The labor surcharge rates and right of way delay multipliers published therein are not a part of this Agreement. Specialty equipment shall be procured from sources within a fifty mile radius of the City if possible. Delivery time will be compensated for actual delivery time or a maximum of one hour for delivery and one hour for equipment return regardless of where the equipment is located. Specialty equipment that is not available within this parameter will be compensated for actual delivery time with prior written approval by the City’s authorized representative. 7. The Contractor shall provide service within 48 hours of notification by the Parks Superintendent, or designated representative, during regular business hours, Monday through Friday, 7:00 AM to 5:00 PM excluding City holidays. 8. The Contractor shall preserve all turf, artificial turf, landscape areas, hard surface sports courts and irrigation systems during service events. Such protection may include placing planking on areas that are unsuitable for driving of heavy vehicles. The Contractor is advised that any vehicular travel on artificial turf surfaces will always require this protective measure. The Contractor agrees to restore all areas to its pre-existing condition if equipment or personnel damage any City facility during service events. 9. Parts will be paid for at suppliers’ invoice plus contractual markup. The Contractor will submit copies of invoice for all parts used under this Agreement with monthly billing. Failure to submit these invoices will result in the City withholding payment for parts until such a time as the Contractor provides invoices for parts used. 10. Submit invoices for payment to the Parks Superintendent, or authorized representative, by the 5th of the month for work performed the previous month. SERVICE PRICING Item Description Price 1 Parts and Materials Cost Plus 15% 2 Labor for Install, Maintenance and Repair $ 135/hour 3 Lift Equipment to 25 Feet $ 75/hour 4 Lift Equipment to 80 Feet $ 1,800/day 5 Lift Equipment to 120 Feet $ 2,900/day 6 Truck $ 25/hour 7 Recycle Lamps $ 16/each 8 Duradeck Ground Protection $ 25/each/day Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/25/2024 Cavignac451AStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Arch Insurance Company 11150 ACEEL00001 Travelers Property Casualty Company of America 25674AceElectric,Inc.PO Box 601071SanDiegoCA92160 Continental Insurance Company 35289 2073567807 A X 2,000,000 X 300,000 10,000 2,000,000 4,000,000 X Y ZAGLB9263001 10/1/2024 10/1/2025 4,000,000 A 2,000,000 X X X X ZACAT9303401 10/1/2024 10/1/2025 B X 8,000,000 X CUP1X46883524NF 10/1/2024 10/1/2025 8,000,000 X 10,000 A XYZAWCI976340110/1/2024 10/1/2025 1,000,000 1,000,000 1,000,000 CCC Leased/Rented EquipmentInstallationFloaterTransitLimit 704017764270401776427040177642 10/1/202410/1/202410/1/2024 10/1/202510/1/202510/1/2025 LimitLimitLimit $250,000$500,000$500000 Re:All Projects.Additional Insured coverage applies to General Liability for 'The City of Carlsbad'per policy form.Waiver of subrogation applies to WorkersCompensationperpolicyform.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability &Employers Liability (additionalinsuredandwaiverofsubrogationapplywhenaffordedonunderlyingpolicies).If the insurance company elects to cancel or non-renew coverage for any reasonotherthannonpaymentofpremiumCavignacwillprovide30daysnoticeofsuchcancellationornonrenewal. 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(The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned By ZAWCI976340010-01-23 ARCH INSURANCE COMPANY ACE ELECTRIC, INC. INCL. 1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB’s California Workers’ Compensation Insurance Forms Manual 1999. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers’ compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION AS AGREED BY WRITTEN CONTRACT OR 2 ALL JOBS UNDER CONTRACT WRITTEN AGREEMENT ZAWCI9763401 ZAWCI976340110/01/2024 Docusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852 7KLVHQGRUVHPHQWFKDQJHVWKHSROLF\WRZKLFKLWLVDWWDFKHGDQGLVHIIHFWLYHRQWKHGDWHLVVXHGXQOHVVRWKHUZLVHVWDWHG 7KHLQIRUPDWLRQEHORZLVUHTXLUHGRQO\ZKHQWKLVHQGRUVHPHQWLVLVVXHGVXEVHTXHQWWRSUHSDUDWLRQRIWKHSROLF\ (QGRUVHPHQW(IIHFWLYH 3ROLF\1R=$:&, (QGRUVHPHQW1R ,QVXUHG$&((/(&75,&,1& 3UHPLXP,1&/ ,QVXUDQFH&RPSDQ\$5&+,1685$1&(&203$1< &RXQWHUVLJQHG%\ 32/,&<180%(5 ZAWCI9763400 '$7(2),668( 09-28-23 :& (G ©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ocusign Envelope ID: 1F257F0C-C32E-4642-80E0-87DAD8DC4852