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Fuson Electric; 2013-06-11; PEM1013
AMENDMENT NO. 5 TO EXTEND AND FUND AGREEMENT FOR ELECTRICAL MAINTENANCE SERVICES FUSON ELECTRIC PEM1013 is Ame ment No. 5 is entered into and effective as of the :J~ o f:h day of --~r--.,~-»---..:------' 2018, extending and amending the agreement dated June 11, 2013, (t "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Fuson Electric, a sole proprietorship, ("Contractor") (collectively, the "Parties") for Electrical Maintenance Services. RECITALS A. On April 7, 2014, the Parties executed Amendment No. 1 to the Agreement to extend and fund the Electrical Maintenance Services with Fuson Electric for one (1) year; and, B. On June 17, 2015, the Parties executed Amendment No. 2 to the Agreement to extend and fund the Electrical Maintenance Services with Fuson Electric for one (1) year; and, C. On April 11, 2016, the Parties executed Amendment No. 3 to the Agreement to extend and fund the Electrical Maintenance Services with Fuson Electric for one (1) year; and, D. On June 1, 2017, the Parties executed Amendment No. 4 to the Agreement to extend and fund the Electrical Maintenance Services with Fuson Electric for one (1) year; and, E. The Parties desire to extend and fund the Agreement for a period of one (1) year; and, NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one ( 1) year ending on June 10, 2019 on a time and materials basis not- to-exceed three hundred thousand dollars ($300,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill /II /II /II City Attorney Approved Version 1/30/13 PEM1013 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR Vernon Fuson/Owner (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State f California By: KE ~Ci 77 ATTEST: ~ iff(]cviQ.Km ~~ BARBARA ENGLESON { 1 --. City Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney BY: ~ Deputy City Attorney City Attorney Approved Version 1/30/13 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 03/09/2018 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER Laurie Hallihan ~2~i~cT Laurie Hallihan State Farm rr,gN~o -~,-619-659-3239 Ir~~ Nol: 619-659-2924 2707 Alpine Blvd #8 ~DMD~~ss: sam.walker.msnn@statefarm.com ~ Alpine, CA 91901 INSURER(Sl AFFORDING COVERAGE NAIC# . INSURER A: State Farm Fire and Casualtv Comoanv 25143 INSURED Fuson Electric INSURER B: State Farm Mutual Automobile Insurance Comoanv 25178 13088 Old Barona, Rd INSURERC: Lakeside, CA 92040 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· 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 THIS CERTIFICATE 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR •••~n lun,n POLICY NUMBER /MM/DDNYYY> IMM/DDNYYY> LIMITS A GENERAL LIABILITY ~ D 90-CT-S340-1 01/07/2018 01/07/2019 EACH OCCURRENCE $ 2,000,000 ~ uAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES <Ea occurrence) $ 300,000 ~ ~ CLAIMS-MADE 0 OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ ~ ~ GENERAL AGGREGATE $ 4,000,000 / GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 4,000,000 n nPRO-POLICY JECT nLOC Deductible $ 1,000 A AUTOMOBILE LIABILITY ~ D 292 7244-B19-55A 03/27/2018 03/27/2019 ~OMBINED SINGLE LIMIT 1,000,000 Ea accident) $ f-- X ANY AUTO 03/27/2017 03/27/2018 BODILY INJURY (Per person) $ f--ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ f---NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ 1,000,000 ~ - Comp/ Collision Ded $ 1,000 UMBRELLA LIAB H OCCUR D D EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I T~~JTtJ#s I IOTH- AND EMPLOYERS" LIABILITY y / N ER ANY PROPRIETOR/PARTNER/EXECUTIVE D D E.L. EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under .. ,,. .. E.L. DISEASE -POLICY LIMIT $ ''" D D Uninsured Motorist 81-250/500 Uninsured Motorist Property-3500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. p_Q. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York, NY 10163-4668 s~w~ I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 MSGP Policy No.: 90CTS3401 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 90CTS3401 Named Insured: FUSON, VERNON OBA FUSON ELECTRIC Additional Insured (include address): City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 FE-6609 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. IZI Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6609 Printed in U.S.A. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 04/16/2018 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. 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). PRODUCER CONTACT Robert W. Bethel Jr NAME: Bethel Insurance Services PHONE (619)442-4006 I r..e~ Nol: (619)442-7006 1083 Broadway IA/C No Extl: E-MAIL Bob@Bethelins.net El Cajon, CA 92021 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# License#: 0D91099 INSURER A: Hartford Fire Ins Co -19682 19682 INSURED INSURERS: Vernon Fuson INSURERC: DBA Fuson Electric 13088 Old Barona Rd INSURERD: Lakeside, CA 92040 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-63378 REVISION NUMBER: 2 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 THIS CERTIFICATE 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. INSR TYPE OF INSURANCE ~.~.?~i~.~~: ,~~JilgMVv, ,~~T6bivWv, LIMITS LTR POLICY NUMBER COMMERCIAL GENERAL LIABILITY I I EACH OCCURRENCE $ I ~ ~ CLAIMS-MADE D OCCUR I DAMAGE TO RENTED 1---I PREMISES /Ea occurrence\ $ ---------MED EXP (Any one person) $ 1---PERSONAL & ADV INJURY $ GEN"LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 9 nPR~ DLOC I PRODUCTS -COMP/OP AGG $ POLICY _ . JECT I OTHER: I $ AUTOMOBILE LIABILITY ! fE~~~~~;~llNGLE LIMIT $ ~ ANY AUTO BODILY INJURY (Per person) $ ~ -I --OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS 1---HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ ~ -I ' $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION y 72WECGD9230 03/12/2018 03/12/2019 XI mTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [i] E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate is being issued to the holder as evidence of Workers Compensation insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4668 -ECM @35050 AU~ ~SENTATIVE New York, NY 10163 I (RWB) © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by RWB on April 16, 2018 at 01:42PM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT Policy Number: 72 WEC GD9230 Endorsement Number: Effective Date: 03/12/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: VERNON FUSON 13088 OLD BARONA RD LAKESIDE CA 92040 Section I of this endorsement expands coverage provided under WC 00 00 00. Section 11 of this endorsement provides additional coverage usually only provided by endorsement. Section Ill of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: SUBJECT SECTION I PARTS ONE and TWO 01 We Will Also Pay PART-THREE 02 How This Insurance Works PART-SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION II VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers' Liability Insurance EMPLOYERS' LIABILITY STOP GAP COVERAGE 06 Employers' Liability Stop Gap Coverage A. Stop Gap Coverage Limited Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming B. Part One does not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia SECTION Ill 07 Schedule of Covered States PAGE 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 4 4 Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00) Process Date: 01/31/18 Page 1 of 4 Policy Expiration Date: 03/12/19 © 2000, The Hartford PARTS ONE and TWO 1. WEWILLALSOPAY D. We Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5. expenses we incur. SECTION I PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily inJury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily injury must arise out of and in the course of employment or incidental Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00) to work in a state shown in Item 3.A. of the Information Page. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the officer's or employee's employment. Page 2 of 4 The officer's or employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. We will pay those amounts to the persons who would be entitled to them under the law. C. Exclusion This insurance does not cover: 1. any obligation imposed by workers' compensation or occupational disease law or any similar law. 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility for the injury or death. 2. Transfer to us their right to recover from others who may be responsible for the injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00) If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5. does not apply in New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Liability Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A, as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover; 5. bodily mJury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13. bodily injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default in premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot. S 23- 4-2. Page 3 of 4 SECTION Ill 7. SCHEDULE OF COVERED STATES CA A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States: Countersigned by Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00) B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. ----------------------Authorized Representative Page 4 of 4 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR ELECTRICAL MAINTENANCE SERVICES FUSON ELECTRIC PEM1013 5 This Amendment No. 4 is entered into and effective as of the l St day of \AV\,~ . , 2017, extending and amending the agreement dated June 11, 2013, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Fuson Electric, a sole proprietorship ("Contractor") (collectively, the "Parties") for electrical maintenance services. RECITALS A. On April 7, 2014, the Parties executed Amendment No. 1 to the Agreement to extend and fund the Electrical Maintenance Services with Fuson Electric for one (1) year; and B. On June 17, 2015, the Parties executed Amendment No. 2 to the Agreement to extend and fund the Electrical Maintenance Services with Fuson Electric for one (1) year; and C. On April 11, 2016, the Parties executed Amendment No. 3 to the Agreement to extend and fund the Electrical Maintenance Services with Fuson Electric for one (1) year; and D. The Parties desire to alter the Agreement's scope of work to extend and fund the Agreement for a period of one (1) year. E. The Parties have negotiated and agreed to changes to the supplemental Scope of Services, which is attached to and incorporated in by this reference as Exhibits "A", MANNER OF PERFORMING SERVICES & GENERAL SPECIFICATIONS. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on June 11, 2018, on a time and materials basis not- to-exceed three hundred thousand dollars ($300,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill City Attorney Approved Version 1/30/13 PEM1013 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR: ::s~TcTRic. a~~ ~rim~hlp ' 111 ! it 1 ' D ,, I til I ..---.. vii L =-- (sign here) Vernon W. Fuson I Sole Proprietor (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation m!:!S 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 PEM1013 EXHIBIT "A" UPDATED SCOPE OF SERVICES The updated Manner of Performing Services & General Specifications (below) include revisions and corrections to create a more accurate and up-to-date outline of the electrical maintenance services under this Agreement. Manner of Performing Services & General Specifications, as revised, yields language changes resulting in the removing of unspecified "repair'' work from the agreement. The primary services under this Agreement are maintenance services, and the updated Manner of Performing Services & General Specifications clarifies and defines maintenance work as it occurs under this service Agreement. Additional revisions include: language and time changes, to clarify services under this Agreement; revisions to the Inventory lists, to provide updated building titles and addresses of new or renamed facilities; and removal of facilities no longer in need of service under this Agreement. MANNER OF PERFORMING SERVICES & GENERAL SPECIFICATIONS RFB #13-02, ELECTRICAL MAINTENANCE SERVICES DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "BID ITEM"-Individual items of work in the CONTRACTOR'S proposal at an agreed Unit Price for the specified Item of Work. B. "CITY" -The CITY of Carlsbad. C. "CITY MANAGER" -The fully appointed CITY MANAGER of the CITY or his/her authorized representative. D. "CONTRACT ADMINISTRATOR" -The PUBLIC WORKS DIRECTOR or his or her designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTRACTOR" -The managing individual of the contracting entity or his/her authorized employees or representatives. F. "INSPECTION"-Routinely scheduled or randomly noticed inspection or audit conducted by CITY. G. "MAINTENANCE"-Work performed under this agreement by the CONTRACTOR that consist of (1) Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground, park, facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired. (2) Other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended. City Attorney Approved Version 1/30/13 3 PEM1013 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein, in a thorough and professional manner, so that the City of Carlsbad is provided with reliable and high quality electrical maintenance at all times. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform demolition, installation, maintenance and emergency, holiday and "after hours" work at the Bid Item price. The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, tools and equipment necessary, unless specifically excluded herein, to perform authorized work at the Bid Item price for labor. Cost of parts shall be paid at the CONTRACTOR'S invoice cost for parts plus the percentage of markup indicated in this proposal. 1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform electrical maintenance. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.04 Electrical maintenance shall be performed in accordance with accepted standards for electrical demolition, installation; maintenance work to the satisfaction of the CONTRACT ADMINISTRATOR or his/her designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACTOR shall maintain individual demolition, installation, and maintenance logs for both routine and emergency work listing all work performed under this agreement, referred to hereinafter as "maintenance logs" or "logs" for short. These maintenance logs shall be kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the technician performing service and any other information that may affect current or future operation of the electrical systems. The CONTRACTOR shall report these locations, by address, to CITY'S CONTRACT ADMINISTRATOR, or designee, within 48 hours. (Deductions may be made from the CONTRACTOR'S payments if maintenance tasks are not reported to CITY within the time allowed.) 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within two (2) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 CONTRACTOR shall, during the term of this CONTRACT, respond to requests for maintenance or emergency services as required, twenty-four (24) hours per day, seven (7) days per week, by dispatching required technicians to the site, within two (2) hours of contact by the CONTRACT ADMINISTRATOR. 1.08 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. 2.00 ELECTRICAL SYSTEMS TO BE MAINTAINED 2.01 The service areas, hours of operation, frequencies of service and equipment under the provisions of this CONTRACT include but not limited to the following: City Attorney Approved Version 1/30/13 4 2.01.1 FACILITIES INVENTORY Facility Name Alga Norte Community Park Beach Bluff Restrooms Bauer Lumber Facility Parks Administration Parks Modular Bldg/Break Room Calavera Hills Community Center Calavera Hills Park Restrooms Chase Field Building City Administration City Council Chambers City Hall Complex City Yard City Yard Modular Building Las Palmas Building Monroe St. Pool Elmwood House Farmers Building Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Fire Station #5 Fire Station #6 Granary Harding Community Center Heritage Hall Holiday House Holiday Park Restrooms (2) Kruger House La Costa Canyon Park Restroom La Costa Heights Restroom Laguna Rivera Park Restroom Leo Carrillo Park Facilities Library (Dove) Library (Cole) Library Annex Library Learning Center Magee House Department PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM Fire Fire Fire Fire Fire Fire PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM Poinsettia Park Restrooms/Concessions Poinsettia Park Restrooms PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM Railroad Depot (Visitor's Center) Safety Center Safety Training Center Fleet Maintenance Wash Rack Scout House Senior Center Stagecoach Community Center Stagecoach Park Restrooms (2) Stagecoach Park Maintenance Pine Park Community Center 5 Address 1775 Alicante RD Carlsbad Blvd & Pine Ave 2787 State Street 1166 Carlsbad Village Dr 1166 Carlsbad Village Dr 2997 Glasgow Drive 2997 Glasgow Drive 3349 Harding Street 1635 Faraday 1200 Carlsbad Village Dr 1200 Carlsbad Village Dr 405 Oak Avenue 405 Oak Avenue 2075 Las Palmas 3401 Monroe Street 1255 Elmwood Avenue 5815 El Camino Real 1275 Carlsbad Village Dr 1906 Arenal Road 3465 Trailblazer Way 6885 Batiquitos Lane 2540 Orion Way 7201 Rancho Santa Fe Rd 2659 Garfield 3096 Harding Street 2650 Garfield 3235 Eureka Place 3235 Eureka Place 3215 Eureka Place Pueblo St. and Rana Ct. 3031 Levante St. 4900 Kelly Drive 6200 Flying LC Lane 1775 Dove Lane 1250 Carlsbad Village Dr 1237 Carlsbad Village Dr 3368 Eureka PI 258 Beech 6200 Hidden Valley Road 6200 Hidden Valley Road 400 Carlsbad Village Dr 2560 Orion Way 5750 Orion Way 2480 Orion Way 2480 Orion Way 3225 Eureka Place 799 Pine Street PEM1013 Approx. Sq. Ft. 16,000 900 10,000 504 1,610 17,400 900 1,600 68,000 2,500 13,500 8,249 1,800 22,627 4,102 1,843 128,000 5,040 3,982 4,084 3,900 12,600 6,252 572 12,392 1,608 855 1400 1,250 900 900 900 25,200 35,000 24,600 1,359 16,193 4,089 4,000 1,600 1,608 64,000 45,501 10,358 3420 Camino de los Coches 3420 Camino de los Coches 3420 Camino de los Coches 3430 Harding Street 3,560 1,908 28,300 17,400 3,500 1,300 868 City Attorney Approved Version 1/30/13 Village Grill Water District PEM PEM 2.01.2 PARKS LIGHTING INVENTORY Facility Name Alga Norte Community Park Cadencia Park Calavera Trails Unisex Restroom Calavera Hills Park Cannon Park Chase Field Sports Complex Dog Park EIFuerte Farmers Property Hidden Canyon Park Holiday Park La Costa Canyon Park Laguna Riviera Larwin Magee Park Maxton Brown Park Pine Field Poinsettia Park Pine Park Community Center Pio Pico Safety Center Stagecoach Park Zone 5 Park Streets & Maint. Facility Car Country Park Beach Sculpture Park Harding Community Center Monroe St. Pool Parks Yard Hosp Grove Park Oak Park City Hall/Cole Library Leo Carrillo Historic Park Senior Center Complex Elmwood House Department PEM P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R PEM P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R 2833 State Street 5950 El Camino Real PEM1013 1,453 18,000 Address 1775 Alicante RD 331 0 Cadencia Approx. Acreage Tamarack Ave, Trail Head 2 2997 Glasgow Drive Carlsbad Blvd @ Cannon 3450 Harding Street Carlsbad Village Drive @ 6000 El Fuerte 5815 El Camino Real Vancouver Street Pio Pico and Chestnut Pueblo Street & Rana Court Kelly Drive @ Park Drive CVD and Elm 258 Beech Avenue 500 Laguna Drive 3333 Harding Street 6600 Hidden Valley Road 3430 Harding Street Pio Pico 2560 Orion Way 24 5.4 .01 20 1.7 3.3 .5 4.7 24 22.3 7.5 14 7.5 25 3.5 1.4 8 42 .5 .8 20 3420 Camino de los Coche Faraday Ave and Hidden Valley Rd 405 Oak Avenue 30 3.5 .4 1 Paseo Del Norte Carlsbad Blvd 3096 Harding Street 3401 Monroe Street 1166 CVD Jefferson & Monroe Pio Pico @ CVD 1200 CVD Carrillo Way 799 Pine 2955 Elmwood .5 1.5 4.7 2.2 11 .5 3 19 2.5 .5 2.01.3 MEDIANS AND LANDSCAPES LIGHTING LOCATIONS Alga Road, Altisma Way, Arenal Road, Avenida Encinas, Aviara Parkway, Carlsbad Boulevard, Calavera Hills Trailhead, Coastal Rail Trail, College Boulevard, Chestnut Avenue, Carlsbad Village Drive, El Camino Real, Faraday Avenue, Grand Avenue, La Costa Avenue, Madison Street, Monroe Street Rotary Trailhead, Melrose Drive, Palomar Airport Road, Paseo Del Norte, Poinsettia Lane, Rancho Santa Fe Road, Roosevelt Street, Tamarack Avenue, Wickham Way Trailhead City Attorney Approved Version 1/30/13 6 PEM1013 2.01.4 ELECTRICAL EQUIPMENT INVENTORY LIST Contractually required maintenance work on City of Carlsbad inventory includes but is not limited to troubleshooting of problems, maintenance, demolition and any work intended to alter electrical equipment to result in a continually usable condition for which it has been designed and used for, including but not limited to maintenance of the following items associated with, contained within or attached to any City of Carlsbad owned or managed building: 1. Interior Fluorescent Lighting, Decorative Lighting, Stage Lighting, Emergency Lighting Systems, Exit Lighting, Incandescent Lighting, Metal Halide Lighting, Quartz Lighting, Neon Lighting, Sodium Lighting, Illuminated Signs, Light Emitting Diodes (LED), and Other Associated Indoors Lighting Fixtures and Control Systems (and any other lighting systems attached to buildings in any way). 2. Ballasts 3. Conduits 4. Wiring 5. Switches 6. Disconnects, Fused and Un-fused 7. Transfer Switches, Automatic and Manual 8. Rheostats 9. Amplifiers and Speakers 10. Receptacles 11. Meter Service Panels 12. Distribution Panels and Sub-panels 13. Enclosures 14. Breakers 15. Contactors 16. Motor Starters and Controls 17. Transformers 18. High Voltage Systems 19. Low Voltage Systems 20. New Circuits 21. Dedicated Electrical Circuits 22. Wiring and Control Systems of Special Electrical Equipment (Pumps, Compressors, Stoves, Ovens, Refrigerators, Dishwashers, Garbage Disposals, Stage Lighting, Timers, Irrigation Controllers, Elevators, Automatic Doors, Washing Machines, Dryers, Fans, Clocks, Audio Visual and Multi-Media Systems etc.) Uninterruptible Power Sources and Other Associated Equipment and Appurtenances. 23. Examples of Troubleshooting include, but are not limited to, investigating electrical failures on electrical equipment and systems located in or attached to any City of Carlsbad building or facility, 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 as directed by the Supervisor or his authorized representative. 24. Examples of New Installations that require a separate agreement 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 facility as detailed in the Electrical Scope of Work and Equipment List above as directed by the Supervisor or his authorized representative. City Attorney Approved Version 1/30/13 7 PEM1013 25. 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. 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 Supervisor or his 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. 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 Supervisor or his authorized representative. This work may be required in the case of upgrades of facilities, demolition of facilities or to remove obsolete equipment from service. 27. The Contractor shall furnish all personnel, parts, materials, test equipment, tools and services in conformance with the terms and conditions of this Agreement. 28. City authorization is required prior to performing any maintenance. 2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 Separate invoices for approved cost of labor for demolition, installation, maintenance and cost of emergency, holiday or "after hours" labor for maintenance shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice may upon request be submitted for each location where maintenance is performed. 3.03 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. The CONTRACT ADMINISTRATOR may, at his discretion, execute an Amendment to the CONTRACT to add new electrical systems to be maintained .. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on a time and material negotiated City Attorney Approved Version 1/30/13 8 PEM1013 proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced in writing. 4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with this Section. 4.02 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The written notice shall provide the CONTRACT ADMINISTRATOR'S reason for any deductions so imposed. 4.03 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS, MEETINGS, & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the electrical systems. All reports, logs, tools, etc shall be maintained and submitted in a City approved electronic format. 6.00 CONTRACTOR'S DAMAGES 6.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR and, all at the CONTRACTOR'S expense. City Attorney Approved Version 1/30/13 9 PEM1013 7.00 COMMUNICATIONS AND EMERGENCY RESPONSE 7.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain two seven (7) days per week twenty-four (24) hour emergency telephone numbers, toll free to a San Diego region area code. For hours beyond a normal 7 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. 7.02 All requests for emergency services shall require a qualified technician to be dispatched to the required location as soon as possible after notification; but in all cases within two (2) hours, to the satisfaction of the CONTRACT ADMINISTRATOR If any emergency service request is not responded to in two (2) hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not meeting the required response time followed by a written report to the CONTRACT ADMINISTRATOR within two (2) working days. 7.03 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 7.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of communications shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 7.05 CONTRACTOR'S Supervisor shall carry cellular telephones with local San Diego region area code. CONTRACTOR'S Supervisor shall respond to any call from the CITY within thirty (30) minutes at any time. 8.00 SAFETY 8.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance of his/her duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, Contractors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. Said log of inspections shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 8.03 The CONTRACTOR shall provide safe access and egress for City of Carlsbad employees or members of the general public while work is in progress at City facilities. The CONTRACTOR agrees to be responsible for providing and installing any safety or City Attorney Approved Version 1/30/13 10 PEM1013 cautionary equipment necessary to prevent unauthorized access to work areas including common public areas. 9.00 HOURS AND DAYS OF SERVICES 9.01 The acceptable daily hours of services shall be Monday-Friday 7:00am to 5:00 pm, which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. Emergency hours are defined as an unexpected and sudden event that must be dealt with urgently in order to provide continuous service. Holiday hours are defined as any scheduled work to be performed on the following holidays: New Year's Day, Martin Luther King, Jr Birthday, Washington's birthday, Memorial day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day . After hours are defines as anytime outside the acceptable normal daily hours of services defined as Monday-Friday 7:00 am to 5:00 pm. 9.02 CONTRACTOR shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR 9.03 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day's work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. CONTRACTOR shall be solely responsible for enforcing this law/regulation and any and all other State and Federal labor compliance laws and regulations 10.00 CONTRACTOR'S STAFF AND TRAINING 10.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 10.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, live scan checks on all personnel providing Electrical services for this Contract. In the event such live scan checks reveals an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 10.03 The CONTRACTOR's staff will be required to 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. 10.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working. 10.04 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan City Attorney Approved Version 1/30/13 11 PEM1013 area consisting of San Diego, Orange, and Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7:00a.m. to 5:00 p.m., Monday through Friday). 10.06 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 10.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of City staff, its contractors and Contractors and, the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of City staff, its contractors & vendors and, the public patronizing the premises. 10.08 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 10.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. 11.00 EQUIPMENT 11.01 The CONTRACTOR shall provide all hand tools, power tools, diagnostic tools and equipment necessary to perform its work under this Agreement with the exception of the specialty equipment as detailed in item 11.03. 11.02 The CONTRACTOR shall provide Personnel Lifts and/or Aerial Work Platforms as specified in this Section for the price specified in Bid Item #3 (Cost of Hydraulic Man Lifting Truck Capable of Reaching 45 Feet Height) of the Contractor's Proposed Cost of Service. Hydraulic Personnel Lifts/Aerial Work Platforms must be self-propelled, street legal, and fully operational from the work platform. The lifting portion of this equipment must be capable of reaching a minimum of 45 feet in height. The hourly rate quoted shall include an operator if the dedicated technician does not operate the equipment. No additional hourly pay will be provided for this fully operational equipment over and above the Contractor's quoted hourly rate for the equipment and the dedicated technician. City Attorney Approved Version 1/30/13 12 PEM1013 11.03 In the event that the CONTRACT ADMINISTRATOR or his 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 edition of the "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the CONTRACTOR's actual use of the tool or equipment. CAL TRANS' equipment rates website can be found at the following web address: http://www.dot.ca.gov/hq/construc/equipmnt.html. The labor surcharge rates and right of way delay multipliers published therein are not a part of this contract. Specialty Equipment shall be procured from sources within a fifty-mile radius of the City of Carlsbad if possible. Delivery time will be compensated for actual delivery time or a maximum of one (1) hour for delivery and one (1) hour for equipment return regardless of where the equipment is actually located. Specialty Equipment that is not available within this parameter will be compensated for actual delivery time with prior approval by the CONTRACT ADMINISRTATOR or his/her authorized representative. 12.00 NON-INTERFERENCE -NOISE 12.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 12.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 13.00 DRUG AND ALCOHOL FREE WORKPLACE 13.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, CONTRACTOR and CONTRACTOR'S employees shall assist meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. CITY has the right to terminate, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 14.00 ASSIGNMENT OF CONTRACT 14.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR City Attorney Approved Version 1/30/13 13 PEM1013 15.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 15.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Contractor's Proposed Cost of Services chart. 15.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR 15.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. City Attorney Approved Version 1/30/13 14 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR ELECTRICAL MAINTENANCE SERVICES FUSON ELECTRIC PEM1013 This Amendment No. 2 is entered into and effective as of the __1 ]~ day of ~u ne.... , 2015, extending and amending the agreement dated June 11, 2013 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Fuson Electric, a sole proprietorship, ("Contractor'') (collectively, the "Partiesu). RECITALS A. On April 7, 2014 the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement for a period of one (1) year; and B. The Parties desire to alter the Agreement's scope of work to add prevailing wage language to the Agreement under a new Section 26, in accordance with California State requirements effective January 1, 2015; and c. 26;and c. The Parties desire to renumber sections following the insertion of the new Section The Parties desire to extend the Agreement for a period of one (1) year; and D. The Parties have negotiated and agreed to a supplemental scope of work which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed three hundred thousand dollars ($300,000). 2. City will pay Contractor for all work associated with those services described in the original Agreement on a time and materials basis not-to-exceed three hundred thousand dollars ($300,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by June 11, 2016. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 PEM1013 EXHIBIT "A" SCOPE OF SERVICES AND FEE 26. WAGE RATES 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. City Attorney Approved Version 1/30/13 The City reserves the right to procure Electrical Maintenance from other contractors as the City deems appropriate. All work shall be done with qualified personnel in conformance with the Manner of Performing Work and General Specifications document, attached as Exhibit "A" which is incorporated by this reference and in accordance with this Agreements 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. Contractor shall maintain a C-10 license issued by the California Contractors State License Board and all other Federal, State and local required licenses and certificates throughout the term of this Agreement. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for five additional one year periods or parts thereof in on an agreed price basis in the initial Agreement year an amount not to exceed Three Hundred Thousand dollars ($300,000.00) per Agreement year. Extensions and additional compensation will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council and under the terms listed in section 5 Compensation (below). 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 year will be on an agreed price basis in an amount not to exceed Three Hundred Thousand dollars ($300,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". The project annual cost for this agreement is $296,850 with a not to exceed amount of $300,000 per contract year. Actual costs are based upon a time and materials charge of $77.25 per hour plus a 7% markup on materials. The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, California building codes, California electrical codes, OSHA standards and any other regulatory requirements. There will be no additional charges such as travel or trip costs allowed. Payment for service starts when the technician arrives at the City of Carlsbad owned or maintained properties, and ends at the completion of required service work. Portal to portal payment is not included in this Agreement. All parts will be newly manufactured replacement parts or an equal approved by the Contract Administrator or his/her authorized representative. Pricing to City of Carlsbad will be from the Contractor's actual invoice from parts suppliers plus markup indicated in the Contractor's Proposal. Invoices must be submitted with request for payment. 2 City Attorney Approved Version 1/30/13 The Contractor shall submit invoices to the Supervisor, or his/her authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of systems and/or equipment(s) serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. Certified payroll documents shall be submitted to the City with each billing. If an increase in compensation for service in succeeding option periods is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous contract period. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement period and is subject to negotiation or rejection by the City. 6. 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 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 the 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. 7. PREVAILING WAGES The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at contractor's discretion. 8. 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. 3 City Attorney Approved Version 1/30/13 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. PARTS The City reserves the right to supply needed parts and equipment to the Contractor for Services. 11. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 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 the City's self-administered workers' compensation 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 Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 12.1 Coverage's and Limits. Contractor will maintain the types of coverage's 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. 12.1.1 Commercial General Liability Insurance. $1 ,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 12.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 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. 4 City Attorney Approved Version 1/30/13 12.1.4 Professional Liability. Errors and om1ss1ons 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. N/A City's Initials N/A Contractor's Initials ~ If box is checked, Professional Liability ~ Insurance requirement is waived. 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 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 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 coverage's, 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 coverage's. 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 three (3) 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. 5 City Attorney Approved Version 1/30/13 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Joe Garuba Title Municipal Property Manager Department Property & Env Mgmt City of Carlsbad Address 405 Oak Ave Carlsbad, CA 92008 Phone No. (760) 434-2943 For Contractor Name Vernon Fuson Title Owner ~~~----------------------- Address 13088 Old Sarona Road Lakeside, CA 92040 Phone No. (619) 249-1631 Email fusonelectric@ymail. com 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. The Contractor shall report investments or interests in all four categories. 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. 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. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. 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 6 City Attorney Approved Version 1/30/13 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. 22. TERMINATION In the event of the 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. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event 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. 23. 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. 24. 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 attorney's 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. 7 City Attorney Approved Version 1/30/13 25. JURISDICTIONS AND VENUE 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. 26. 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 or 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. 27. 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. 28. STORM WATER POLLUTION PREVENTION PLAN The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the project manager, the Contractor is not in compliance with this provision City reserves the right to implement BMPs to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. 8 City Attorney Approved Version 1/30/13 EXHIBIT "A" MANNER OF PERFORMING SERVICES & GENERAL SPECIFICATIONS RFB #13-02, ELECTRICAL MAINTENANCE SERVICES DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "BID ITEM"-Individual items of work in the CONTRACTOR'S proposal at an agreed Unit Price for the specified Item of Work. B. "CITY" -The CITY of Carlsbad. C. "CITY MANAGER" -The fully appointed CITY MANAGER of the CITY or his/her authorized representative. D. "CONTRACT ADMINISTRATOR" -The PROPERTY AND ENVIRONMENTAL DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTRACTOR" -The managing individual of the contracting entity or his/her authorized employees or representatives. · F. "PERIODIC INSPECTION" -Routinely scheduled or randomly noticed inspection or audit conducted by CITY. G. "PROPERTY AND ENVIRONMENTAL DIRECTOR" -The official designated as the Property and Environmental Director of CITY, or any of his/her authorized representatives. H. "REPAIRS"-Work required to maintain the serviceability of Electricals specified under this agreement that are outside the scope of the scheduled PREVENTATIVE MAINTENANCE. REPAIR work must be authorized by the CONTRACT ADMINISTRATOR prior to the CONTRACTOR performance. After hours REPAIRS are work outside of normal business hours as indicated in the Contractor's Proposed Cost of Services Chart and shall be compensated at the Bid Item Rate for Cost of labor for demolition, installation, maintenance and repairs. 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein, in a thorough and professional manner, so that the City of Carlsbad is provided with reliable and high quality Electrical Maintenance at all times. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform Demolition, Installation, Maintenance and Repair work and Emergency, Holiday and "After Hours" work at the Bid Item price. The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, tools and equipment necessary, unless specifically excluded herein, to perform authorized work at the Bid Item price for Labor. Cost of parts shall be paid at the CONTRACTOR'S invoice cost for parts plus the percentage of markup indicated in this proposal. 10 City Attorney Approved Version 1/30/13 1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform Electrical Maintenance. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.04 Electrical Maintenance shall be performed in accordance with accepted standards for electrical demolition, installation; maintenance and repair work to the satisfaction of the CONTRACT ADMINISTRATOR or his/her designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACTOR shall maintain individual demolition, installation, repair and maintenance logs for both routine and emergency work listing all work performed under this agreement, referred to hereinafter as "repair and maintenance logs" or "logs" for short. These repair and maintenance logs shall be kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the technician performing service and any other information that may affect current or future operation of the electrical systems. The CONTRACTOR shall report these locations, by address, to CITY'S CONTRACT ADMINISTRATOR, or designee, within 48 hours. (Deductions may be made from the CONTRACTOR'S payments if maintenance and repair tasks are not reported to CITY within the time allowed.) 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within two (2) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 CONTRACTOR shall, during the term of this CONTRACT, respond to requests for REPAIRS, or EMERGENCY REPAIRS as required, twenty-four (24) hours per day, seven (7) days per week, by dispatching required technicians to the site, within two (2) hours of contact by the CONTRACT ADMINISTRATOR. 1.08 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. 2.00 ELECTRICAL SYSTEMS TO BE MAINTAINED 2.01 The service areas, hours of operation, frequencies of service and equipment under the provisions of this CONTRACT include but not limited to the following: 2.01.1 FACILITIES INVENTORY Facility Name Department Beach Bluff Restrooms PEM Bauer Lumber Facility PEM Parks Administration PEM Parks Modular Bldg/Break Room PEM Calavera Hills Community Center PEM Calavera Hills Park Restrooms PEM Calavera Hills Treatment Plant CMWD Chase Field Building PEM 11 Address Carlsbad Blvd & Pine Ave 2787 State Street 1166 Carlsbad Village Dr 1166 Carlsbad Village Dr 2997 Glasgow Drive 2997 Glasgow Drive 2400 Tamarack Avenue 3349 Harding Street Approx. Sq. Ft. 900 10,000 504 1,610 17,400 900 3,300 1,600 City Attorney Approved Version 1/30/13 City Administration City Council Chambers City Hall Complex City Yard City Yard Modular Building Community Development Community Swim Complex Elmwood House Farmers Building Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Fire Station #5 Fire Station #6 Granary Harding Community Center Heritage Hall Hiring Center Holiday House Holiday Park Restrooms (2) Kruger House La Costa Canyon Park Restroom La Costa Heights Restroom Laguna Rivera Park Restroom Leo Carrillo Park Facilities Library (Dove) Library (Cole) Library Annex Library-Hispanic Info Center Magee House Poinsettia Park Restrooms/Concessions Poinsettia Park Restrooms Railroad Depot (ConVis) Safety Center Safety Training Center S.C. Carrillo Modular S.C. Fleet Maintenance S.C. Modular Bldg #2 Storage S.C. Modular Bldg #3 Trans. S.C. Modular Bldg. #4 Restrooms S.C. Wash Rack Scout House Senior Center Stagecoach Community Center Stagecoach Park Restrooms (2) Stay N Play Modular Village Grill Water District Water District Modular PEM PEM PEM PEM PEM [PEM PEM PEM PEM Fire Fire Fire Fire Fire Fire PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM PEM 12 1635 Faraday 1200 Carlsbad Village Dr 1200 Carlsbad Village Dr 405 Oak Avenue 405 Oak Avenue 2075 Las Palmas 3401 Monroe Street 1255 Elmwood Avenue 5815 El Camino Real 1275 Carlsbad Village Dr 1906 Arenal Road 3701 Catalina Drive 6885 Batiquitos Lane 2540 Orion Way 3131 Levante 2659 Garfield 3096 Harding Street 2650 Garfield 5958 El Camino Real 3235 Eureka Place 3235 Eureka Place 3215 Eureka Place Pueblo St. and Rana Ct. 3031 Levante St. 4900 Kelly Drive 6200 Flying LC Lane 1775 Dove Lane 1250 Carlsbad Village Dr 1237 Carlsbad Village Dr 3430 Harding Street 258 Beech 6200 Hidden Valley Road 6200 Hidden Valley Road 400 Carlsbad Village Dr 2560 Orion Way 5750 Orion Way 2480 Orion Way 2480 Orion Way 2480 Orion Way 2480 Orion Way 2480 Orion Way 2480 Orion Way 3225 Eureka Place 799 Pine Street 3420 Camino de los Coches 3420 Camino de los Coches 3430 Harding Street 2833 State Street 5950 El Camino Real 5950 El Camino Real 68,000 2,500 13,500 8,249 1,800 22,627 4,102 1,843 128,000 5,040 3,982 4,084 3,900 12,600 2,000 572 12,392 1,608 280 855 1400 1,250 900 900 900 25,200 35,000 24,600 1,359 868 4,089 4,000 1,600 1,608 64,000 45,501 160 10,358 720 2,160 600 3,560 1,908 28,300 17,400 3,500 868 1,453 18,000 696 City Attorney Approved Version 1/30/13 2.01.2 PARKS LANDSCAPES INVENTORY Facility Name Cadencia Park Calavera Hills Park Cannon Park Chase Field Sports Complex Dog Park EIFuerte Farmers Property Hidden Canyon Park Holiday Park La Costa Canyon Park Laguna Riviera Larwin Magee Park Maxton Brown Park Pine Field Poinsettia Park Pio Pico Safety Center Stagecoach Park Zone 5 Park Streets & Maint. Facility Car Country Park Beach Sculpture Park Harding Community Center Swim Complex Parks Yard Hosp Grove Park Oak Park City Hall/Cole Library Carrillo Ranch Senior Center Complex Scanlon House Department P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R P&R Address 3310 Cadencia 2997 Glasgow Drive Carlsbad Blvd @ Cannon 3450 Harding Street Carlsbad Village Drive @ 6000 El Fuerte 5815 El Camino Real Approx. Acreage 5.4 20 1.7 3.3 .5 4.7 Vancouver Street 22.3 Pio Pico and Chestnut 7.5 Pueblo Street & Rana Court 14 Kelly Drive@ Park Drive 7.5 CVD and Elm 25 258 Beech Avenue 3.5 500 Laguna Drive 1.4 3333 Harding Street 8 6600 Hidden Valley Road 42 Pio Pico .8 2560 Orion Way 20 3420 Camino de los Coche 30 Faraday Ave and Hidden Valley Rd 3.5 405 Oak Avenue .4 Paseo Del Norte 1 Carlsbad Blvd .5 3096 Harding Street 1.5 3401 Monroe Street 4.7 1166 CVD 2.2 Jefferson & Monroe 11 Pio Pico@ CVD .5 1200 CVD 3 Carrillo Way 19 799 Pine 2.5 2955 Elmwood .5 2.01.3 MEDIANS AND TRAILS LANDSCAPES INVENTORY Alga Road Altisma Way Arena! Road Avenida Encinas Aviara Parkway Carlsbad Boulevard Calavera Hills Trailhead Coastal Rail Trail College Boulevard Chestnut Avenue Carlsbad Village Drive El Camino Real Faraday Avenue Grand Avenue La Costa Avenue 13 City Attorney Approved Version 1/30/13 Madison Street Monroe Street Rotary Trailhead Melrose Drive Palomar Airport Road Paseo Del Norte Poinsettia Lane Rancho Santa Fe Road Roosevelt Street Tamarack Avenue Wickham Way Trailhead 2.01.4 ELECTRICAL EQUIPMENT INVENTORY LIST Contractually required work on City of Carlsbad Inventory includes but is not limited to troubleshooting of problems, new installation, maintenance, demolition and repair of the following items associated with, contained within or attached to any City of Carlsbad owned or managed building: 1. Interior Fluorescent Lighting, Decorative Lighting, Stage Lighting, Emergency Lighting Systems, Exit Lighting, Incandescent Lighting, Metal Halide Lighting, Quartz Lighting, Neon Lighting, Sodium Lighting, Illuminated Signs and Other Associated Indoors Lighting Fixtures and Control Systems and any other lighting systems attached to buildings in any way. 2. Ballasts 3. Conduits 4. Wiring 5. Switches 6. Disconnects, Fused and Un-fused 7. Transfer Switches, Automatic and Manual 8. Rheostats 9. Amplifiers and Speakers 10. Receptacles 11. Meter Service Panels 12. Distribution Panels and Sub-panels 13. Enclosures 14. Breakers 15. Contactors 16. Motor Starters and Controls 17. Transformers 18. High Voltage Systems 19. Low Voltage Systems 20. New Circuits 21. Dedicated Electrical Circuits 22. Wiring and Control Systems of Special Electrical Equipment (Pumps, Compressors, Stoves, Ovens, Refrigerators, Dishwashers, Garbage Disposals, Stage Lighting, Timers, Irrigation Controllers, Elevators, Automatic Doors, Washing Machines, Dryers, Fans, Clocks, Audio Visual and Multi-Media Systems etc.) Uninterruptible Power Sources and Other Associated Equipment and Appurtenances. 23. Examples of Troubleshooting include, but are not limited to, investigating electrical failures on electrical equipment and systems located in or attached to any City of Carlsbad building or facility, using standard and specialty diagnostic tools including electrical multi-meters, amp probes, meg ohm meters, tick tracers, phase rotation meters 14 City Attorney Approved Version 1/30/13 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 as directed by the Supervisor or his authorized representative. 24. 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 facility as detailed in the Electrical Scope of Work and Equipment List above as directed by the Supervisor or his authorized representative. After performing installations, the Technician shall show changes and modifications to the system on plan sets provided by the City of Carlsbad 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. 25. 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. 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 Supervisor or his authorized representative. 26. 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 Supervisor or his authorized representative. This work may be required in the case of upgrades of facilities, demolition of facilities or to remove obsolete equipment from service. 27. 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 as directed by the Public Works Supervisor or his 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. 28. The Contractor shall furnish all personnel, parts, materials, test equipment, tools and services in conformance with the terms and conditions of this Agreement. 29. City authorization is required prior to performing any repairs whose aggregate parts and labor dollar amount exceeds one hundred and fifty dollars ($150.00). The Contractor shall notify The City's Authorized Representative as designated by Supervisor, Facilities Maintenance, and receive authorization prior to performing repairs in excess of $150.00. 2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, 15 City Attorney Approved Version 1/30/13 providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 Separate invoices for approved COST OF LABOR FOR DEMOLITION, INSTALLATION, MAINTENANCE AND REPAIRS and COST OF EMERGENCY, HOLIDAY OR "AFTER HOURS" LABOR FOR INSTALLATIONS, MAINTENANCE AND REPAIRS shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete REPAIR or EMERGENCY REPAIR 3.03 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. The CONTRACT ADMINISTRATOR may, at his discretion, execute an Amendment to the CONTRACT to add new Electrical systems to be maintained and/or repaired and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on a time and material negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced in writing. 4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with this Section. 4.02 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The written notice shall provide the CONTRACT ADMINISTRATOR'S reason for any deductions so imposed. 4.03 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 16 City Attorney Approved Version 1/30/13 5.00 INSPECTIONS, MEETINGS, & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the electrical systems. All reports, logs, tools, etc shall be maintained and submitted in a City approved electronic format. 6.00 CONTRACTOR'S DAMAGES 6.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR and, all at the CONTRACTOR'S expense. 7.00 COMMUNICATIONS AND EMERGENCY RESPONSE 7.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain two seven (7) days per week twenty-four (24) hour emergency telephone numbers, toll free to a San Diego region area code. For hours beyond a normal 7 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. 7.02 All requests for emergency services shall require a qualified technician to be dispatched to the required location as soon as possible after notification; but in all cases within two (2) hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency service request is not responded to in two (2) hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not meeting the required response time followed by a written report to the CONTRACT ADMINISTRATOR within two (2) working days. 7.03 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 7.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of communications shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 17 City Attorney Approved Version 1/30/13 7.05 CONTRACTOR'S Supervisor shall carry cellular telephones with local San Diego region area code. CONTRACTOR'S Supervisor shall respond to any call from the CITY within thirty (30) minutes at any time. 8.00 SAFETY 8.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance of his/her duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, Contractors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. Said log of inspections shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 8.03 The CONTRACTOR shall provide safe access and egress for City of Carlsbad employees or members of the general 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. 9.00 HOURS AND DAYS OF SERVICES 9.01 The acceptable daily hours of services shall be Monday-Friday 6:30 am to 5:00 pm, which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. Emergency hours are defined as an unexpected and sudden event that must be dealt with urgently in order to provide continuous service. Holiday hours are defined as any scheduled work to be performed on the following holidays: New Year's Day, Martin Luther King, Jr Birthday, Washington's birthday, Memorial day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day . After hours are defines as anytime outside the acceptable normal daily hours of services defined as Monday-Friday 6:30 am to 5:00 pm. 9.02 CONTRACTOR shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 9.03 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of 18 City Attorney Approved Version 1/30/13 labor under this CONTRACT shall constitute a legal day's work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. CONTRACTOR shall be solely responsible for enforcing this law/regulation and any and all other State and Federal labor compliance laws and regulations 10.00 CONTRACTOR'S STAFF AND TRAINING 10.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 10.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, live scan checks on all personnel providing Electrical services for this Contract. In the event such live scan checks reveals an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 10.03 The CONTRACTOR's staff will be required to 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. 10.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working. 10.04 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, and Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7:00a.m. to 5:00p.m., Monday through Friday). 10.06 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 10.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of City staff, its contractors and Contractors and, the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S 19 City Attorney Approved Version 1/30/13 employees will not be detrimental to the interest of City staff, its contractors & vendors and, the public patronizing the premises. 10.08 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 10.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. 11.00 EQUIPMENT 11.01 The CONTRACTOR shall provide all hand tools, power tools, diagnostic tools and equipment necessary to perform its work under this Agreement with the exception of the specialty equipment as detailed in item 11.03. 11.02 The CONTRACTOR shall provide Personnel Lifts and/or Aerial Work Platforms as specified in this Section for the price specified in Bid Item #3 (Cost of Hydraulic Man Lifting Truck Capable of Reaching 45 Feet Height) of the Contractor's Proposed Cost of Service. Hydraulic Personnel Lifts/Aerial Work Platforms must be self-propelled, street legal, and fully operational from the work platform. The lifting portion of this equipment must be capable of reaching a minimum of 45 feet in height. The hourly rate quoted shall include an operator if the dedicated technician does not operate the equipment. No additional hourly pay will be provided for this fully operational equipment over and above the Contractor's quoted hourly rate for the equipment and the dedicated technician. 11.03 In the event that the CONTRACT ADMINISTRATOR or his 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 edition of the "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the CONTRACTOR's actual use of the tool or equipment. CAL TRANS' equipment rates website can be found at the following web address: http://www.dot.ca.gov/hq/construc/equipmnt.html. The labor surcharge rates and right of way delay multipliers published therein are not a part of this contract. Specialty Equipment shall be procured from sources within a fifty-mile radius of the City of Carlsbad if possible. Delivery time will be compensated for actual delivery time or a maximum of one (1) hour for delivery and one (1) hour for equipment return regardless of where the equipment is actually located. Specialty Equipment that is not available within this parameter will be compensated for actual delivery time with prior approval by the CONTRACT ADMINISRTATOR or his/her authorized representative. 12.00 NON-INTERFERENCE-NOISE 12.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 20 City Attorney Approved Version 1/30/13 12.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 13.00 DRUG AND ALCOHOL FREE WORKPLACE 13.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, CONTRACTOR and CONTRACTOR'S employees shall assist meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. CITY has the right to terminate, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 14.00 ASSIGNMENT OF CONTRACT 14.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. 15.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 15.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Contractor's Proposed Cost of Services chart. 15.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 15.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 21 City Attorney Approved Version 1/30/13