HomeMy WebLinkAboutNeal Electric Corporation dba Nealectric Inc; 2014-12-19; UTIL1160UTIL1160
AGREEMENT FOR SEWER LIFT STATION SCADA, ELECTRICAL SYSTEM
MAINTENANCE & TROUBLESHOOTING SERVICES
NEAL ELECTRIC CORPORATION, dba NEALECTRIC, INC.
THIS AGREEMENT is made and entered into as of the day of
T>e^Cmnjc^S4r' 2014, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and NEAL ELECTRIC CORPORATION, dba NEALECTRIC, INC., a
California corporation, ("Contractor").
DEFINITIONS
SCADA: Inspection, installation, calibration, alarm adjustment, corrective work, check meter
fields and assess integration issues of equipment required to preserve and protect any City owned
or maintained Electrical systems as specified in this Agreement.
Installations: Electrical equipment installation and adjustment required to presen/e and protect
any City owned or maintained Electrical systems as specified in this Agreement.
Maintenance: Any routine, recurring, and usual services or preventative maintenance on existing
City systems necessary for the protection or preservation of any City owned or maintained
Electrical systems as specified in this Agreement.
Repair: Authorized service work to equipment and systems required to preserve and protect any
City owned or maintained Electrical system as specified in this Agreement.
Sen/ice Report: Contractor's detailed report in City-approved computer-generated format
covering all work performed under this Agreement. Service reports shall be separate documents,
listed by facility and shall note all inspections, repairs or service work performed, condition
statements and any other pertinent information to aid the City in determining future equipment
repairs, maintenance or replacement.
RECITALS
A. City requires the professional services of an Electrical Contractor that is
experienced in providing SCADA, Installations, Maintenance and Repair on sewer lift station
electrical systems and equipment as defined in this agreement, hereinafter "Electrical
Maintenance".
B. Contractor has the necessary experience in providing professional services and
advice related to providing Electrical Maintenance.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
City Attorney Approved Version 1/30/13
UTIL1160
All work shall be done in conformance with the Manner of Performing Work and General
Specifications document attached as Exhibit "A", with qualified personal as documented in Exhibit
"B" and "C", which are 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.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above
written. The City Manager may amend the Agreement to extend it for four (4) additional one (1)
year periods or parts thereof in an amount not to exceed sixty seven thousand five hundred eighty
dollars ($67,580) per Agreement year. Extensions will be based upon a satisfactory review of
Contractor's performance. City needs, and appropriation of funds by the City Council. The parties
will prepare a written amendment indicating the effective date and length of the extended
Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Sen/ices to be performed during the initial Agreement term will be
sixty seven thousand five hundred eighty dollars ($67,580). 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 (10%) retention until City has accepted the
work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. 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.
City Attorney Approved Version 1/30/13
UTIL1160
7. 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 ofthis Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. 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 attorneys
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 sun/ive the expiration or early termination ofthis Agreement.
10. 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 ofCalifornia. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VH". 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".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 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.
City Attorney Approved Version 1/30/13
UTIL1160
10.1.2 Automobile Liabilitv. (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.
10.1.3 Workers' Compensation and Emplover's Liabilitv. 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.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of fi\Ie years following the date of completion of the work.
City's Initials Contrac or's Initials X If box is checked. Professional Liability
Insurance requirement is waived.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 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.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. 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.
12. 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
City Attorney Approved Version 1/30/13
UTIL1160
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.
13. 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.
14. 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.
15. 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 Citv For Contractor
Name Jesse Castaneda Name Michael Piscitelli, Neal Electric Corp.
Title Utilities Supervisor Title Project Manager
Department PW Utilities Wastewater Address 13250 Kirkham Way
City of Carlsbad Poway, CA 92064
Address 5950 El Camino Real PhoneNo. 619-247-0054
Carlsbad, CA 92008 Email mpiscitelli(a)nealelectric.com
PhoneNo. 760-438-2722 x7137
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.
16. 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.
17. 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 Sen/ices by Contractor. Contractor will at all times obsen/e 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 ofthe requirements ofthe 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.
City Attorney Approved Version 1/30/13
UTIL1160
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Sen/ices the following procedure will
be used to resolve any questions of fact or interpretation not othenwise 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 fonwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be fonwarded 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.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Sen/ices, 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 ofthe percentage ofwork
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 thirty (30) 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.
21. 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 ofthis Agreement. For breach or violation
ofthis 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.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part ofthe 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
City Attorney Approved Version 1/30/13
UTIL1160
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.
23. 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.
24. 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.
25. 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.
///
///
///
///
///
///
///
///
///
///
///
City Attorney Approved Version 1/30/13
UTIL1160
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
NEAL ELECTRIC CORPORATION, dba
NEAL^TRIC, INC., a California
cot
B\)
Daniel Zupp, President
(print name/title)
Sam Passanisi, Assistant Secretary
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
^ .City M&nager or Mayor or Divioion Dirootor
r ^ '^'""^ authorised by the City Manager
Gary Barberio
ATTEST:
BARBARA ENGLESON
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:
'Assistant City Attorn
City Attorney Approved Version 1/30/13
UTIL1160
EXHIBIT "A"
MANNER OF PERFORMING SERVICES & GENERAL SPECIFICATIONS
RFB # 15-02, SCADA ELECTRICAL MAINTENANCE SERVICES
DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following
meaning:
A. "BID ITEM" - Individual items ofwork 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 UTILITIES 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. "UTILITIES DIRECTOR" - The official designated as the Utilities Director of CITY, or any
of his/her authorized representatives.
H. "REPAIRS" - Work required to maintain the sen/iceability 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
Sen/ices Chart and shall be compensated at the Bid Item Rate for Cost of labor for SCADA,
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 thatthe City ofCarlsbad is provided with reliable and high quality
Electrical Maintenance at all times.
1.02 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.
City Attorney Approved Version 1/30/13
UTIL1160
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 sen/ice 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 ofthe 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 sen/iced 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 sen/ice areas, hours of operation, frequencies of service and equipment under the
provisions of this CONTRACT include the following:
2.01.1 FACILITIES INVENTORY
Facility Name Address
Home Plant 2359 Carlsbad Blvd
Fox's 4155 Harrison St.
Terramar 300 Cannon Rd.
Batiquitos 7382 Gabbiano Ln.
Chinquapin 4010 (4020) Carlsbad Blvd.
Villas 2860 Winthrop Ave.
Gateshead 4779 Gateshead Rd.
City Attorney Approved Version 1/30/13
10
UTIL1160
Simsbury 3086 Tamarack Ave.
Poinsettia 2425 Poinsettia Ln.
Knots 501 Knots Ln.
Cannon 2197 Cannon Rd.
Sand Shell 613 Sand Shell
El Fuerte 5812 El Fuerte
2.01.2 ELECTRICAL EQUIPMENT INVENTORY LIST
Contractually required work on City of Carlsbad Inventory includes but is not limited to
troubleshooting of problems, new installation, maintenance, SCADA and repair ofthe following
items associated with, contained within or attached to any City of Carlsbad owned or managed
sewer lift station:
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. Receptacles
9. Meter Sen/ice Panels
10. Distribution Panels and Sub-panels
11. Enclosures
12. Breakers
13. Contactors
14. Motor Starters and Controls
15. Pumps
16. Motors
17. Level Controls
18. Transformers
19. High Voltage Systems
20. Low Voltage Systems
21. New Circuits
22. Dedicated Electrical Circuits
23. Wiring and Control Systems of Special Electrical Equipment (Pumps, Compressors,
Timers, Fans, Uninterruptible Power Sources and Other Associated Equipment and
Appurtenances.
24. 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 Cartsbad sewer
lift station, 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.
City Attorney Approved Version 1/30/13
11
UTIL1160
25. Examples of New Installations include, but are not limited to, installation of new equipment,
conduits, wiring and associated electrical sen/ices 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 Supen/isor 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 Cartsbad 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.
26. 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 Supen/isor or his authorized representative,
27. Examples of SCADA include but are not limited to installation, calibration, alarm
adjustment, corrective work, conduits, wiring and associated electrical equipment or
devices necessary for the presen/ation or protection of a City facility as detailed in the
Electrical Scope of Work and Equipment List above as directed by the Supen/isor 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.
28. Examples of Repairs include but are not limited to repair of equipment, conduits, wiring
and associated electncal equipment or devices as detailed in the Electrical Scope of Work
and Equipment List above as directed by the Public Works Supen/isor or his authorized
representative. This work may be made pursuant to troubleshooting work identified by the
Contractor or City Staff. The Contractor shall furnish all personnel, parts, materials, test
equipment, tools and sen/ices in conformance with the terms and conditions of this
Agreement.
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 bythe CONTRACTOR under the terms and conditions ofthis 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 SCADA, 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
City Attorney Approved Version 1/30/13
12
UTIL1160
othenwise 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 sen/ices 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 fonwarded 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 resen/es 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.
City Attorney Approved Version 1/30/13
13
UTIL1160
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,
C0NTF5ACT 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 CONTFTACTOR shall, during the term of this CONTRACT, maintain two seven (7)
davs per week twentv-four (24) hour emerqency telephone numbers, toll free to a San
Diego region area code. For hours beyond a normal 6:30 AM to 5:00 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
sen/ice 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 ofthe 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 ofthe CONTRACT ADMINISTRATOR
at all reasonable times.
7.05 CONTRACTOR'S Supen/isor shall carry cellular telephones with local San Diego region
area code. CONTRACTOR'S Supen/isor shall respond to any call from the CITY within
thirty (30) minutes at any time.
City Attorney Approved Version 1/30/13
14
UTIL1160
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 ofthe 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 Cartsbad 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 defined 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 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
City Attorney Approved Version 1/30/13
15
UTIL1160
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 Carisbad 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 (6:30 a.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 ofthe CONTRACT ADMINISTRATOR, detrimental to the interest of
City staff, its contractors and Contractors and, the public patronizing the premises.
CONTRACTOR shall meet with representatives ofthe 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
City Attorney Approved Version 1/30/13
16
UTIL1160
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 ofthe CONTRACT
ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or
othenwise detrimental to the interest ofthe 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 ofthe 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 11.02.
11.02 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 CALTRANS,
current at the time of the CONTRACTOR'S actual use of the tool or equipment.
CALTRANS' equipment rates website can be found at the following web address:
http://www.dot.ca.qov/hq/construc/equipmnt.html. The labor surcharge rates and right of
way delay multipliers published therein are not a part ofthis contract. Specialty Equipment
shall be procured from sources within a fifty-mile radius ofthe 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 DRUG AND ALCOHOL FREE WORKPLACE
12.01 The CITY is committed to maintaining a work environment free from the effects of drugs
and alcohol consistent with the directives ofthe Drug Free Workplace Act. As a condition
ofthis agreement, CONTRACTOR and CONTRACTOR'S employees shall assist meeting
the requirements of this policy as set forth in the "City of Carisbad 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.
City Attorney Approved Version 1/30/13
17
UTIL1160
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 sen/ice 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 12 herein as
interpreted and enforced pursuant to the provision of the "City of Carisbad Drug and
Alcohol Use Policy".
13.00 ASSIGNMENT OF CONTRACT
13.01 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.
14.00 NEGOTIATED PROPOSAL AND ACCEPTANCE
14.01 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.
14.02 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.
14.03 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
18
UTIL1160
EXHIBIT "B"
CONTRACTOR'S WORK FORCE
RFB #15-02 SCADA ELECTRICAL MAINTENANCE SERVICES
The CONTFACTOR shall set forth in Exhibit B to the proposed CONTRACT:
A. Each labor or supervisory position by title that will make up the CONTRACTOR'S
work force needed to provide the described services.
B. A sufficiently detaiied explanation of the minimum qualifications for a person working
in each position titie, including any required licenses and/or certifications.
C. The minimum annuai man-hours for each position title that the CONTRACTOR
proposes to commit to the performance ofthe described services.
D. A iist and description of the qualifications of other pertinent staff that are not to be
directiy committed to this project but who will be available to support, consult, perform Extra
Work, and the iike.
E. A description of CONTRACTOR'S systematic skills training program.
The information provided in this attachment is for the purposes of determining the
CONTRACTOR'S commitment and preparedness to perform the DESCRIBED SERVICES,
and assuring that the CONTRACTOR'S bid is reasonable and complete. Nothing in this
Attachment shall in any way be construed to remove, lessen, or relieve the CONTRACTOR
from any responsibility prescribed by the CONTRACT.
CONTFTACTOR may attach additional pages to describe Minimum Qualifications, if needed. Label
any such pages "Exhibit B - Additional Information" along with the appropriate position title(s)
corresponding to this form.
A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL
ANNUAL
HOURS
Superintendent
20 years experience Electrical Installations,
Instrumentation/Controls.Supervision, Electrical certification
State Of CA, Saftey Training, Manpower
75/as required
Forennan Electrician 15 years experience Electrical Installations,
Instrumentation/Controls, Electrical certification State Of CA,
Saftey Training
150/as required
J.W. Electrician 10 years experience Electrical Installations,
Instrumentation/Controls, Electrical certification State Of CA,
Saftey Training
700/as required
19
City Attorney Approved Version 1/30/13
EXHIBIT "B", Page 2
CONTRACTOR'S WORK FORCE, (Continued)
UTIL1160
A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL
ANNUAL
HOURS
4. Apprentice Electrician Attending apprenticeship 5 year program related to electrical theory,
and installation practices. Safety Training
120/as required
5.
D. Other Staff Support
Title
Description / Qualifications
1. 1.
Account receivable Provide billing to City of Carlsbad for work performed on a time and material basis as agreed
between Neal Electric and City of Carlsbad.
2. 2. Project Manager Schedule work to be performed, pricing of time and material tickets for billing by Neal Electric
accounting department. /Has been project managing for a minimum of 10 years
3. Industrial Manager Oversee day to day operations of Electrical, Instrumentation, and Controls as it relates to Project
Management, Estimating, Engineering, Financial's, Installation and customer relationship. /Has
been manaqing industrial proiects for a minimum of 10 years
4.
5.
E. Description of CONTRACTOR'S employee training program
All Electricians are trained in a 5 year program through IBEW 569 and Certified in the State of California. It is required for all journeymen to
further their education and recertify every three years to maintain their State of California electrical certification.
20
City Attorney Approved Version 1/30/13
UTIL1160
EXHIBIT "C"
LISTING OF SUBCONTRACTORS
RFB #15-02 SCADA ELECTRICAL MAINTENANCE SERVICES
The CONTRACTOR is required to furnish the following information relative to the
subcontractors he proposes to use.
if all work is to be done without subcontractors, write "NONE" in the following space:
None
NAME UNDER
WHICH SUB-
CONTRACTOR IS
LICENSED
LICENSE
NUMBER AND
CLASS
ADDRESS AND
TELEPHONE
TYPE AND PORTION OF
WORK SUBCONTRACTOR
WILL PERFORM
21
City Attorney Approved Version 1/30/13