HomeMy WebLinkAboutSadler Electric Inc; 2004-06-15;AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR OUTDOOR
ELECTRICAL MAINTENANCE SERVICES
(Sadler Electric Inc.)
This Amendment No. 3 is entered into and effective as of the oJ?/ ^*~ day of
• 200*7 , extending and amending the agreement dated_June 15, 2004 (tHe "Agreement") by and between the City of Carlsbad, a municipal corporation,
("City"), and Sadler Electric Inc., ("Contractor") (collectively, the "Parties") for Outdoor Electrical
Maintenance Services.
RECITALS
A. On May 19, 2005, the Parties executed Amendment No.1 to the Agreement to
extend and fund the agreement for a one-year period and to add additional maintenance
locations; and
B. On June 13, 2006 the Parties executed Amendment No. 2 to the Agreement to
extend and fund the agreement for a one year period and added additional maintenance
locations and funding for those locations in an amount not to exceed Ten Thousand dollars
($1 0,000.00) for this and all subsequent agreement years; and
C. The Parties have negotiated increase the hourly compensation for labor from
$52.00 per hour to $52.50 per hour for a Journeyman Electrician as indicated in Exhibit "A".
D. The Parties desire to extend and fund the Agreement for a period of one year
ending on June 15, 2008 in an amount not exceed Seventy-five Thousand Six Hundred and Ten
dollars ($75,610.00) per agreement 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-year ending on June 15, 2008, on a time and materials basis not-
to-exceed Seventy-five Thousand Six Hundred and Ten dollars ($75,610.00).
2. 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 Seventy-five Thousand
Six Hundred and Ten dollars ($75,610.00)
3. Contractor will complete all work described in Exhibit "A" by June 15, 2008 of this
and all subsequent agreement years.
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 #05.22.01
6. 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 CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(print name/title)
(e-mail address)
ity Manager or Mayor
ATTEST:
, AJ&T
pRRAIMf M. WOO0
lr*:i.. /">i«..i>'
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:
RONALD R. BALL, City Attorney
City Attorney Approved Version #05.22.01
AMENDMENT NO. 3 FOR OUTDOOR ELECTRICAL MAINTENANCE SERVICES
Sadler Electric, Inc.
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
This amendment authorizes Sadler Electric to an increase in the hourly compensation
for Journeyman Electrician from $52.00 per hour to a rate of $52.50 per hour. This
increase is within the annual rate of inflation as indicated in the Consumer Price Index
for San Diego County for the past twelve (12) months and is within the compensation
adjustment allowed by the Contract.
City Attorney Approved Version #05.22.01
AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR OUTOOR ELECTRICAL
MAINTENANCE SERVICES
(Sadler Electric Inc.)
, ttThis Amendment No. 2 is entered into and effective as of the 13 day of
0 \j\y\ff , 200jQk, extending and amending the agreement dated
June 15, 2004 (the "Agreement") by and between the City of Carlsbad, a municipal corporation,
("City"), and Sadler Electric Inc., ("Contractor") (collectively, the "Parties") for Outdoor Electrical
Maintenance Services.
RECITALS
A. On May 19, 2005, the Parties executed Amendment No.1 to the Agreement to
extend and fund the agreement for a one-year period and to add additional maintenance
locations; and
B. The Parties desire to alter the Agreement's scope of work to add and fund
additional maintenance locations as detailed in Exhibit "A" in an amount not to exceed Ten
Thousand dollars ($10,000) per agreement year; and
C. The Parties desire to extend and fund the Agreement for a period of one year.
D. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, 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 Seventy-five Thousand
Six Hundred and Ten dollars ($75,610).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed Ten Thousand dollars ($10,000) per
agreement year. 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 15, 2007 and
by June 15 of all subsequent agreement years.
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 #05.22.01
6. 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.
(e-mail address)
(print name/title J
CITY OF CARLSBAD, a municipal
corporation of the State of California
.C\ty Managen-er Mayor
ATTEST:
LO
City Clerk
(e-mail address)
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-P resident
**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:
RONALD R. BALL, City Attorney
By:.
Deputy City Attorney
City Attorney Approved Version #05.22.01
EXHIBIT "A"
OUTDOOR ELECTRICAL MAINTENANCE SERVICE AMENDMENT NO. 2
Sadler Electric Inc.
SCOPE OF SERVICES AND FEE
The Following Location is added to the City of Carlsbad Parks Inventory:
1. Coastal Rail Trail
The parties agree to fund additional as-needed Outdoor Electrical Maintenance at this and all
other locations indicated in the original agreement and subsequent amendments, in an amount
not to exceed Ten Thousand dollars ($10,000) per agreement year.
Work performed at these locations is to be billed in accordance with the Vendor's Proposed
Cost of Services Chart in the original agreement.
City Attorney Approved Version #05.22.01
AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR OUTOOR ELECTRICAL
MAINTENANCE SERVICES
(Sadler Electric Inc.)
This Amendment No.1 is entered into and effective as of the ) 9” day of , 2005, extending and amending the agreement dated
June 15, 2064 (thd “Agreement”) by and between the City of Carlsbad, a municipal corporation,
(“City”), and Sadler Electric Inc., (“Contractor”) (collectively, the “Parties”) for Outdoor Electrical
Maintenance Services.
m fiv
RECITALS
A. The Parties desire to alter the Agreement’s scope of work to Add Additional
Locations for As Needed Outdoor Electrical Maintenance Services and extend and fund the
Agreement for a period of One Year Ending June 15,2006; and
B. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, 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 Sixty-Five Thousand Six
Hundred and Ten dollars ($65,610).
2. City will pay Contractor for all work associated with those services described in
Exhibit “A on a time and materials basis in accordance with the Vendor’s Proposed Cost of
Service Chart in the original agreement. 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 15, 2006 and
by June 15 of all subsequent agreement years.
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.
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City Attorney Approved Version #05.22.01
6. 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.
**By: City Clerk
(sign here)
(print nameltitle)
(e-mail address)
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:
RONALD R. BALL, City Attorney
By:
2
City Attorney Approved Version #05.22.01
.
EXHIBIT “A”
SCOPE OF SERVICES AND FEE
The Following Locations are added to the City of Carlsbad Parks Inventory:
1. Aviara Park. 6400 Block of Aviara Parkway.
2. Hidden Canyon Park. 2685 Vancouver Street.
3. Pine Park. 3205 Harding Street.
Work performed at these locations is to be billed in accordance with the Vendor’s Proposed
Cost of Services Chart in the original agreement.
City Attorney Approved Version #05.22.01
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AGREEMENT FOR OUTDOOR ELECTRICAL MAINTENANCE SERVICES
SADLER ELECTRIC INC.
made and entered into as of the /sa, day of
by and between the CITY OF CARLSBAD, a municipal
Electric Inc., a Corporation, ("Contractor").
DEFINITIONS
Repair: Authorized service work to equipment and systems required to preserve and
protect any City owned or maintained properties as specified in this Agreement.
Installations: Electrical equipment installation and adjustment required to preserve and
protect any City owned or maintained properties 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 properties as specified in this Agreement.
Demolition: The removal of electrical equipment required to preserve and protect any City
owned or maintained properties as specified in this Agreement.
Emergency/After Hours Repair: Authorized service or repairs that occur before the hours
of 8:OO AM or after 500 PM Monday through Friday or all day Saturday, Sunday or during
City holidays.
Service Report: Contractor's detailed report in City-approved computer-generated format
covering all work performed under this Agreement. Service reports shall be separate
documents, listed by facility and shall note all repairs or service work performed, any
pertinent electrical diagnostic equipment readings, condition statements and any other
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 routine, recurring and usual commercial electrical maintenance
work necessary for the protection and preservation of City owned or maintained
properties for their intended purposes.
Contractor has the necessary experience in providing professional services
and advice related to providing routine, recurring and usual commercial electrical
maintenance work necessary for the protection and preservation of City owned or
maintained properties for their intended purposes.
Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
Contractor has submitted a proposal to City and has affirmed its willingness
and ability to perform such work.
B.
C.
D.
I City Attorney Approved Version #04.01.02
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
I. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render the electrical services
described in the Scope of Work contained in the City’s Request for Proposals and the
Contractor’s proposal, which are incorporated by this reference in accordance with this
Agreement’s terms and conditions. The Contractor will perform electrical maintenance
and related services as needed and as authorized on a time and materials basis as
specified in the Contractor’s proposal. Nothing in this agreement is intended to create an
exclusive arrangement between City and Contractor. The City reserves the right to
procure commercial electrical maintenance services from other vendors as the City
deems appropriate.
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
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 four
additional one year periods or parts thereof in an amount not to exceed Sixtv-Five
Thousand Six Hundred and Ten dollars ($65,610.00) per Agreement year. Extensions will
be based upon a satisfactory review of Contractor’s performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement. Either the City or the
Contractor may decline to confirm the renewal of the contract for any reason whatsoever,
which shall render the renewal option null and void
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The Contractor’s electrical maintenance work will be by paid at an hourly rate plus parts
as indicated in the Contractor‘s proposal. The total fee payable for the Services to be
performed during the initial Agreement term will not exceed Sixtv-Five Thousand Six
Hundred and Ten dollars ($ dollars ($65,610.00). 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 (10%) retention until City has
accepted the work and/or Services specified in the Contractor’s proposal.
City Attorney Approved Version #04.01.02 2
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
Public Works Supervisor. 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.
The Contractor shall submit invoices to the Public Works Supervisor 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 years is requested, the
Contractor must provide detailed supporting documentation to justify the requested rate
increase. The requested increase will be evaluated by the City, 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 year. Requests for price changes must be made by the Contractor in
writing sixty (60) days before the end of the then-current agreement year 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 this Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will
not be required to pay any workers' compensation insurance or unemployment
contributions on behalf of Contractor or its employees or subcontractors. Contractor
agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social
3 City Attorney Approved Version #04.01.02
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.
The general prevailing rate of wages for each craft or type of worker needed to execute
PREVAILING WAGES TO BE PAID
the &tract shall be chose 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.
8. TECHNICIANS
The Contractor shall provide a minimum of one (I) dedicated qualified field technician to
install maintain and repair electrical systems utilized in the City of Carlsbad. The
Contractor may provide more than one technician at its option.
If the Contractor wishes to replace or substitute an alternate technician, it must submit a
written request to the Public Works Supervisor, Facilities, and include all information
requested to insure qualifications and acceptability of the substituted technician. This
request must be submitted at least 30 calendar days prior to substitution of any accepted
technician to allow the City of Carlsbad to review the request and perform a background
check on the substitute technician.
9. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
City for the acts and omissions of Contractor's subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as Contractor is for the acts and
omissions of persons directly employed by Contractor. Nothing contained in this
Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
IO. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
11. PARTS
The City reserves the right to supply needed parts and equipment to the Contractor for
Services.
12. INDEMNIFICATION
4 City Attorney Approved Version #04.01.02
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 in whole or in part by any willful misconduct or negligent act or omission 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.
13. 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-:VI.
13. I Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless the 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.
13.1.1 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.
13.1.2 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.
13.1.3ANY AUTO COVERAGE
Insurance must cover any vehicle used in the performance of the contract, used onsite or
offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
The auto insurance certificate must state the coverage is for "any auto" and cannot be
limited in any manner.
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13.1.4 Workers' Compensation and Employer's Liability.
Workers' Compensation limits as required by the California Labor Code and Employer's
Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
13.1.5 Additional Provisions.
Contractor will ensure that the policies of insurance required under this Agreement
contain, or are endorsed to contain, the following provisions:
13.2.1 The City will be named as an additional insured on General Liability.
13.2.2 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.
13.2.3
insurance and endorsements to City.
Prior to City's execution of this Agreement, Contractor will furnish certificates of
13.3 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
Ag ree m e n t .
13.4 Submission of Insurance Policies.
City reserves the right to require, at anytime, complete and certii
required insurance policies and endorsements.
14. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business
the Agreement, as may be amended from time-to-time.
ed copies of any or all
-icense for the term of
15. 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.
16. OWNERSHIP OF DOCUMENTS
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City Attorney Approved Version #04.01.02
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 documents related to services performed 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.
17. 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.
18. 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: Dale A. Schuck
Title: Public Works Supervisor
Department: Public Works, Gen. Services
Citv of Carlsbad
Address: 405 Oak Avenue,
Phone No. /760) 434-2949
Name Robert M. Sadler
Title President
Address 1935 Friendship Drive #f
El Cajon, California 92020
Phone No. (619) 449 - 1266 Carlsbad. CA 92008
19. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of
Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
20. 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
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City Attorney Approved Version #04.01.02
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 that
the services required by this Agreement.
21. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
22. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such documented
dispute will be forwarded to both parties involved along with recommended methods of
resolution, which would be of benefit to both parties. The representative receiving the
letter will reply to the letter along with a recommended method of resolution within ten
(1 0) 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 and/or designee. The
City Manager and/or designee 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 and/or designee will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to them
at law.
23. TERMINATION
In the event of 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 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.
City Attorney Approved Version #04.01.02
8
24. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or
any other consideration contingent upon, or resulting from, the award or making of this
Agreement. For breach or violation of this warranty, City will have the right to annul this
Agreement without liability, or, in its discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of the fee, commission, percentage,
brokerage fees, gift, or contingent fee.
25. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City
must be asserted as part of the Agreement process as set forth in this Agreement and not
in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if
a false claim is submitted to City, it may be considered fraud and Contractor may be
subject to criminal prosecution. Contractor acknowledges that California Government
Code sections 12650 et seq., the False Claims Act applies to this Agreement and,
provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include false claims made with deliberate ignorance of the false
information or in reckless disregard of the truth or falsity of information. If City seeks to
recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation
costs, including 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.
26. JURISDICTION 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.
27. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement 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.
28.
During a state of emergency as determined by the City Council or City Manager including,
SERVICES DURING STATE OF EMERGENCY
but not limited to states ofemergency defined by Government Code Sect& 8558, the
Contractor agrees to provide the services specified in this Agreement under the terms
and conditions herein.
City Attorney Approved Version #04.01.02 9
29- This Agreement, the City's Request for Proposal, the Contractor's Proposal, and the
Specifications, tmher with any other written document referred to or contemplated by
these documents, along with the purchase order for this Agreement and its provisions,
embody the entire Agreement and understanding between the patdes relaiing to the
subject matter of it. In case of conflict, €he terms of the Agfe%ment supersede the
purchase order. Neither this Agreement nor any of its provisions may be amended, modified, wived or discharged except in a writing signed by both parties.
30- 4!!mumY The individuals executing this Agreement and the instruments referenoed in it on behat of
Contractor each repm&nt and warrant that they have the legal power, right and actual
authority to bind Contractor to the tqms and conditions of this Agreement.
'Group A.
, Chairman. President, OT vi-t
**Group B. s-ty, Assistant Seaetary, CFO 0rAsslStantTnessurer
APPROVED AS TO FORM:
10
DETAILED SCOPE OF WORK AND SPECIAL CONDITIONS
CITY OF CARLSBAD
OUTDOOR ELECTRICAL MAINTENANCE
GENERAL SCOPE OF WORK
1. As needed routine, recurring and usual electrical work required for the
preservation or protection of all City of Carlsbad owned or maintained
properties and any associated electrical systems as outlined within
these specifications shall be provided by the Vendor. (Public Contract
Code Section 22002(d)).
2. This specification covers electrical service and repair work in all City
facilities and other City Maintained properties in the City of Carlsbad
Public Works Department, Facilities Management Inventory, Parks
Management Inventory, and Trees and Medians Inventory, including
but not limited to the following:
PUBLIC WORKS DEPARTMENT I FACILITIES MANAGEMENT
Facility Inventory
Facility Name
Bauer Lumber Facility
CSD Administration
CSD Modular Bldg/Break Room
Calavera Community Center
Calavera Park Restrooms
Calavera Treatment Plant
Chase Field Building
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 #M
Fire Station #5
Fire Station #6
Granary
Harding Community Center Heritage Hall
Department
City
P&R P&R
P&R
P&R
San
P&R
City
City
City
CSD
CSD City P&R Lib City Fire
Fire
Fire
Fire
Fire
Fire P&R
P&R
P&R
11
Address
2787 State Street
1166 Carlsbad Village Dr
1166 Carlsbad Village Dr
2997 Glasgow Drive
2997 Glasgow Drive
2400 Tamarack Avenue
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 Arena1 Road
3701 Catalina Drive
6885 Batiquitos Lane
2540 Orion Way
3131 Levante
2659 Garfield
3096 Harding Street
2650 Garfield
Approx Sa. Ft.
10,000
504
1,610
17,400
900
3,300
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
2,000
572
12,392
1,608
City Attorney Approved Version #04.01.02
Hiring Center
Holiday House
Holiday Park Restrooms (2)
Housing & Redevelopment
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
Poinsettia Park Restrooms
Railroad Depot (ConVis)
Safety 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
CDev
P&R
P&R
H&R
P&R
P&R
P&R
P&R
P&R
Lib
Lib
Lib
Lib
P&R
P&R
P&R
COfC
Pol
CSD
CSD
CUSD
CUSD
CUSD
CSD
P&R
P&R
P&R
P&R
P&R
City Wtr
Wtr
5958 El Camino Real
3235 Eureka Place
3235 Eureka Place
2965 Roosevelt
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
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 10s Coches
3420 Camino de 10s Coches
3430 Harding Street
2833 State Street
5950 El Camino Real
5950 El Camino Real
PUBLIC WORKS DEPARTMENT / PARKS MANAGEMENT
Parks Inventory
Facility Name Department Address
Cadencia Park
Calavera Hills Park
Cannon Park
Chase Field Sports Complex
Dog Park
El Fuerte
Farmers Property
Holiday Park
La Costa Canyon Park
Laguna Riviera
Larwin
Magee Park
City
City
City
City
City
City
City
City
City
City
City
City
331 0 Cadencia
2997 Glasgow Drive
Carlsbad Blvd @ Cannon
3450 Harding Street
Carlsbad Village Drive @
6000 El Fuerte
5815 El Camino Real
Pi0 Pic0 and Chestnut
Pueblo Street & Rana Court
Kelly Drive @ Park Drive
CVD and Elm
258 Beech Avenue
280
855
1400
3,200
1,250
900
900
900
25,200
35,000
24,600
1,359
868
4,089
4,000
1,600
1,608
64,000
160
10,358
720
2,160
600
3,560
1,908
28,300
17,400
3,500
868
1,453
18,000
696
Amrox Acreane
5.4
20
1.7
3.3
.5
4.7
9
7.5
14
7.5
25
3.5
City Attorney Approved Version #04.01.02 12
Maxton Brown Park
Pine Field
Poinsettia Park
Pi0 Pic0
Safety Center
Stagecoach Park
Zone 5 Park
Streets & Maint. Facility
Car Country
Beach Sculpture Park
Harding Community Center
Swim Complex
Parks Yard
Hosp Grove Park
Oak Park
City HalKole Library
Carrillo Ranch
Senior Center Complex
Scanlon House
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
500 Laguna Drive 1.4
3333 Harding Street 8
6600 Hidden Valley Road 42
Pi0 Pic0 .8
2560 Orion Way 20
3420 Camino de 10s 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
Pi0 Pic0 @ CVD .5
1200 CVD 3
Carrillo Way 19
799 Pine 2.5
2955 Elmwood .5
PUBLIC WORKS DEPARTMENT / TREES AND MEDIANS DEPT
Landscape and Median lnventorv
Alga Road
Altisma Way
Arena1 Road
Avenida Encinas
Aviara Parkway
Carlsbad Boulevard
College Boulevard
Chestnut Avenue Right of Way
Carlsbad Village Drive El Camino Real
Faraday Avenue
Grand Avenue
La Costa Avenue
Madison Street
Melrose Drive
Palomar Airport Road
Paseo Del Norte
Poinsettia Lane
Rancho Santa Fe Road
Roosevelt Street
Tamarack Avenue
ELECTRICAL SCOPE OF WORK AND EQUIPMENT LIST:
Contractually required work on City of Carlsbad property includes but is not
limited to troubleshooting of problems, new installation, maintenance,
City Attorney Approved Version #04.01.02 13
demolition and repair of the following items associated with any City of
Carlsbad owned or managed property:
I. Exterior Parking Lot Lighting, Exterior Decorative Lighting, Exterior
Walkway Lighting, Exterior Lighted or Illuminated Signs, Exterior Flood
Lighting, Pool and Fountain 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 found within these
inventories.
2. irrigation Controllers
3. 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 and Pedestals
12. Distribution Panels and Sub-panels
13. Enclosures
14. Breakers
15. Contactors
16. Motor Starters and Controls
17. Transformers
18. High Voltage Systems
City Attorney Approved Version #04.01.02
14
19. Low Voltage Systems
20. New Circuits
21. Dedicated Electrical Circuits
22. Wiring and Control Systems of Special Electrical Equipment (Pumps,
Compressors, Swimming Pool and Spa Equipment, Timers, Irrigation
Controllers, Automatic Doors, Clocks, 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
owned or managed properties, using standard and specialty diagnostic
tools including electrical multi-meters, amp probes, meg ohm meters,
tick tracers, phase rotation meters and other electrical diagnostic tools.
Determining cause of failures and recommending repairs or
replacement of electrical equipment as detailed in the Electrical Scope
of Work and Equipment List above as directed by the Public Works
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 owned or maintained property as detailed in the
Electrical Scope of Work and Equipment List above as directed by the
Public Works 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 Public Works
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
City Attorney Approved Version #04.01.02
15
devices necessary for the preservation or protection of a City owned or
maintained property 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 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 Vendor 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 Vendor 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 Vendor shall notify The City’s Authorized
Representative as designated by Public Works Supervisor and receive
authorization prior to performing repairs in excess of $1 50.00.
SPECIAL CONDITIONS
1.
2.
3.
The Vendor’s emergency service response system shall be a
professionally staffed telephone answering service. Automatic
telephone answeringlrecording machines, or home telephone numbers
are not acceptable.
The Vendor is required to provide emergency service within four (4)
hours of City’s request, seven (7) days per week, twenty-four (24)
hours per day. The Vendor will be required to demonstrate this ability
when requested by The City’s Authorized Representative as
designated by the Public Works Supervisor, Facilities.
The Vendor is required to provide uniformed service personnel. The
Vendor’s staff will be required to work in a semi-autonomous manner.
The Vendor’s staff will be required to interact in a businesslike and
professional manner with City staff and members of the public.
City Attorney Approved Version #04.01.02
16
4. Payment for all work begins when the Technician reaches the City
facility and ends when the Technician completes the required service
work. Portal to portal pay is not included in this contract.
5. The City shall provide access to all devices to be serviced by the
Vendor. The Vendor 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.
6. The Vendor shall provide safe access and egress for City of Carlsbad
employees or members of the general public while work is in progress
at City owned or maintained properties. The Vendor 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.
7. The Vendor 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 #8 of
the Special Conditions.
8. The Vendor shall provide Hydraulic Personnel Lifts and Aerial Work
Platforms as specified in this Section for the price specified in Item #3
of the Vendors Proposed Cost of Service. Hydraulic Personnel lifts
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 must
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 Vendor’s quoted hourly rate
for the equipment and the dedicated technician.
9. In the event that the Public Works Supervisor or his authorized
representative requests the Vendor 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 Vendor agrees that compensation for the specialty equipment shall
be as detailed in this section. Regardless of ownership, the rates to be
used in determining Vendor’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 Vendor’s actual
use of the tool or equipment. CALTRANS’ equipment rates website
can be found at the following web address:
h tt p : //www. dot . ca . ov/ h q/co n s t r u c/eq u i p m n t . h t m I The I a bo r s u rc h a rg e
rates and right of way delay multipliers published therein are not a part
City Attorney Approved Version #04.01.02 17
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
(I) 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 City of Carlsbad’s authorized
representative.
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City Attorney Approved Version #04.01.02
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VENDOR’S PROPOSED COST OF SERVICE*
4.
5.
Please note that the numbers listed in the “Quantity and Units” category of the
matrix below are estimates only. The actual payments made to the Vendor will be
based on the Vendor’s actual work performed for the City consistent with the
terms and conditions of the contract documents.
Cost of labor for
installation,
maintenance and
repairs. (Monday -
Friday, 8:OO AM -
500 PM)
Cost of emergency
or “after hours” labor
for Installations,
maintenance and
repairs.
The undersigned declares he/she has carefully examined the locations of the work, read
the Request for Proposal, examined all specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work in
this Outdoor Electrical Maintenance Agreement in accordance with the specifications of
the City of Carlsbad, and the General Provisions and that he/she will take in full payment
therefore the following unit prices for each item complete, to wit:
Description F
Cost of parts and
materials. 1.
*Estimated
Quantity and
Units
$35,000.OO/year*
(*Estimated)
$2,000.00/year*
(*Estimated)
80 Hours*
250 Hours*
(*Estimated)
20 hours*
(*Estimated)
ie Vendor will be ba!
Unit Price
- 15.0%
Contractor’s
markup from
supplier invoice
price.
Caltrans Rental
Rates
$1 10.00
per hour
$52.00
per hour
(At Prevailing
Wage)
$78.00
per hour
(At Prevailing
Wage)
Total
$40,250.00
($35,000.00 + Mark Up)
(Extended Amount)
$2,000.00
(Stipulated Amount)
$8,800.00
(Extended Amount)
$1 3,000.00
(Extended Amount)
$1.560.00
(Extended Amount)
~ Id on the Vendor’s actual work performed for
the City cons’isknt with the terms and conditions of the contract documents, and may be different
from the prices estimated above.
City Attorney Approved Version #04.01.02
19