HomeMy WebLinkAbout2013-06-11; City Council; 21251; Award Agreement Electrical Services PEM1013CITY OF CARLSBAD - AGENDA BILL
AB# 21.251 AWARD OF AGREEMENT FOR ELEaRICAL
REPAIR AND MAINTENANCE SERVICES,
AGREEMENT NO. PEM1013
DEPT.DIRECrOR COiri/CfJr
MTG. 6/11/13
AWARD OF AGREEMENT FOR ELEaRICAL
REPAIR AND MAINTENANCE SERVICES,
AGREEMENT NO. PEM1013
CITYATTY. 1 pj/C
DEPT. PW
AWARD OF AGREEMENT FOR ELEaRICAL
REPAIR AND MAINTENANCE SERVICES,
AGREEMENT NO. PEM1013 CITY MGR.
RECOMMENDED ACTION;
Adopt Resolution No. 2013-131 awarding the agreement to Fuson Electric for electrical
repair and maintenance services, agreement no. PEM1013.
ITEM EXPLANATION:
The City of Carlsbad issued a request for proposals, #13-06, in March 2013 soliciting proposals to repair
and maintain electrical systems at city facilities, trails and medians. In total, four proposals were received
and deemed responsive. In accordance with Carisbad Municipal Code Sections 3.28.030 and 3.28.050(D)
awards shall be based upon a best value evaluation.
City staff reviewed the four proposals against the following criteria: cost, technical experience, capability
of the contractor, ability to provide timely service, professionalism of contractor and other value-added
offerings. Fuson Electric was the apparent low bidder and best value based upon this evaluation with a
bid total of $296,850.
The recommended agreement with Fuson Electric will be for a one (1) year term, with five (5) additional
one year extensions, for a total of six (6) years. The total dollar value of the agreement will not exceed
$300,000 per agreement year.
FISCAL IMPACT:
The project annual cost for this agreement is $296,850 with a not to exceed amount of $300,000 per
contract year. Actual costs are based upon a time and materials charge of $77.25 per hour plus a 7%
markup on materials. These costs are distributed between the Public Works and the Parks &. Recreation
departments according to the table below. Sufficient funds have been budgeted in the fiscal year 2013
and 2014 budgets to cover the costs of the electrical repair and maintenance services agreement.
Account Name Account Number Cost Allocation
Facilities IVIaintenance - Misc. Prof. Services 0015310-7550 70%
Parks &. Recreation Parks IVIaintenance - Misc. Prof. Services 0014610-7550 20%
Parks 8i Recreation Trails - Misc. Prof. Services 0014620-7550 7%
Parks &. Recreation Landscaping District Medians - Misc. Prof. Services 1615024-7550 3%
DEPARTMENT CONTACT: Joe Garuba 760-434-2893 or joe.garuba(5)carlsbadca.60v
FOR CLERK USE.
•
COUNCIL ACTION: APPROVED
•
CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER- SEE MINUTES •
AMENDED • REPORT RECEIVED •
ENVIRONMENTAL IMPAa:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has not potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Resolution No. 2013-131 awarding the agreement to Fuson Electric for electrical repair
and maintenance services, agreement no. PEM1013.
2. Proposal #13-06 Electrical Maintenance Services Best Evaluation.
3. Agreement No. PEM1013 for Electrical Maintenance Services Fuson Electric.
1 RESOLUTION NO. 2013-131
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING THE AGREEMENT TO FUSON ELECTRIC
FOR ELECTRICAL REPAIR AND MAINTENANCE SERVICES,
4 AGREEMENT NO. PEM1013.
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WHEREAS, the City of Carisbad issued a request for proposals, #13-06, in March 2013
accordance with Carisbad Municipal Code Sections 3.28.030 and 3.28.050(D); and
WHEREAS, City staff reviewed the four (4) proposals against the following criteria: cost,
technical experience, capability of the contractor, ability to provide timely service.
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J soliciting proposals to repair and maintain electrical systems at city facilities, trails and medians;
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^ WHEREAS, four (4) proposals were received and deemed responsive on April 17, 2013 in
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j4 professionalism of contractor and other value-added offerings; and
15 WHEREAS, the City Council of the City of Carisbad, California, has determined it
necessary to award an agreement based upon a best value evaluation; and
WHEREAS, funding for the agreement for electrical repair and maintenance services has
been appropriated and is sufficient.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad,
21 California, as follows that:
22 1. The above recitations are true and correct.
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2^ with Fuson Electric for the electrical repair and maintenance of city facilities, trails and medians
27 in accordance with agreement documents referred to herein. The project annual cost for this
2. Fuson Electric was the best value based upon this evaluation with a proposal of
$296,850 and is hereby accepted and the Mayor is hereby authorized to execute an agreement
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1 agreement is $296,850 with a not to exceed amount of $300,000 per contract year. Actual costs
2 are based upon a time and materials charge of $77.25 per hour plus a 7% markup on materials.
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3. That the award of agreement is contingent upon Fuson Electric executing the
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^ required contract and submitting the required bonds and insurance policies, as described in the
^ agreement, within twenty (20) days of adoption of this resolution. The City Manager may grant
7 reasonable extensions of time.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carisbad on the 11^^ day of June , 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
None.
/lATllHALL, Mayor MA
ATTEST
BID 13-06 ELECTRICAL MAINTENANCE SERVICES BEST VALUE
EVALUATION
1 COST
At $296,860.00 Fuson Electric is the Apparent Low Bidder on the agreement and
is awarded five (5) points for this portion of the evaluation.
At $325,600.00 CTE is the Apparent Second Low Bidder on the agreement.
CTE's bid is within 5-10% of the Apparent Low Bidder and is awarded three (3)
points for this poriiion of the evaluation.
At $345,600 Neal Electric is the Apparent Third Low Bidder on the agreement.
Neai's bid is within 15-20% of the Apparent Low Bidder and is awarded two (2)
points for this portion of the evaluation.
At $350,000,00 Extreme Electric is the Apparent Fourth Low Bidder on the
agreement. Extreme's bid is within 15-20% of the Apparent Low Bidder and is
awarded two (2) points for this portion of the evaluation.
2. TECHNICAL EXPERIENCE
Extreme Electric listed 6 electricians with more than 60 years of cumulative
experience. Based on the number of qualified employees. Extreme Electric
scores five (5} points for this portion of the evaluation.
Fuson Electric currently provides electrical services to the City of Carisbad.
Fuson has established a good working relationship with the Facilities Staff.
Fuson has stated they can provide two certified electricians with over twenty-five
(25) years' experience. Fuson's knowledge and experience with city facilities
demonstrates an existing ability to be able to properiy maintain them. Based on
the material submitted, Fuson scores four (4) points for this portion of the
evaluation.
CTE Inc. has a demonstrated track record of providing service to local
government. Based on materials submitted, including the experience of their
crew CTE scores four (4) points for this portion of the evaluation,
Neal Electric has stated they can provide qualified electricians if awarded this
contract. The primary electrician listed (foreman) has twenty-two (22) years of
experience and based on the material submitted, the Administrators rate Neal at
three points (3) for this portion of the evaluation.
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2i CAPABILITY OF THE VENDER
CTE has a demonstrated track record of providing solid electrical services to
many local governments in the region. CTE has the necessary equipment and
experience to meet the city's needs. CTE scores four (4] points for this portion of
the evaluation.
Fuson Electric and its employees have worked with the City of Carisbad for the
past twelve years and have established a good working relationship with the
Facilities Staff. The Raters have confidence in Fuson's knowledge and
experience with city facilities including an awareness of existing infrastructure to
be able to properiy maintain them. Fuson scores four (4) points for this portion of
the evaluation.
Extreme Electric has stated they can provide electrical service to meet the city's
needs. Based on the materials provided, including the types of services they
have provided to others, it appears that they have a large residential portfolio.
Extreme's bid was also confusing regarding the number of man hours they were
proposing to use on the contract. Exhibit B reflects a proposed 10,000 man-hours
for the work needed to be performed, which is substantially greater than the
estimated 2000 hours included in the RFP. The raters score Extreme Electric
two (21 points for this portion of the evaluation.
Neal Electric has stated they have the ability to provide any electrical work with
qualified and experienced personnel with any type of equipment need to get the
job done but did not provide any supporting infonnation. In its submitted
documents, Neal states that they will be able to respond to emergencies within
48 hours. Per the directions in the RFP, emergencies need to be responded to
within 2 hours. Based on the material submitted, Extreme Electric scores one
point (1) for this portion of the evaluation.
4, ABILITY TO PROVIDE SERVICE
Fuson Electric is based out of San Diego County they have stated that they can
provide electrical services twenty-four hours a day with a two hour emergency
response time, per the requirements of the contract. Fuson has worked
previously with the city and they have demonstrated their knowledge and
experience with our facilities to be able to properiy maintain them. Based on the
material submitted, the Fuson Electric scores four (4) points five (5) for this
portion of the evaluation.
CTE is based out of San Diego and they have stated they have the ability to
provide any electrical work with qualified and experienced personnel with any
type of equipment need to get the job done. CTE has stated that they are
available 24 hours a day, 7 days a week. CTE did not mention its ability to meet
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the 2 hour emergency call response time. Based on the material submitted, CTE
scores four (4^ points for this portion of the evaluation.
Extreme Electric is based out of Escondido, Based on the materials submitted,
Extreme did not provide its availability to meet the city's needs, hours of
operation, or its ability to respond to emergencies. Based on the material
submitted, Extreme scores one point (1) for this portion of the evaluation.
Neal is based out of Poway. Neal provided information that they could typically
provide next day service, however it specifically stated that they (Neal) would
respond to emergency calls in less than 48 hours. Based on the material
submitted, Neal scores one point (1) for this portion of the evaluation.
L PREVIOUS PERFORMANCE AND REFERENCES
Fuson Electric has provided information for the last ten (10) years of services
provided, Fuson Electric has worked with the City of Carisbad in the past and
they have demonstrated their abilities and knowledge of our facilities. Based on
the material submitted, Fuson scores five (5) points for this portion of the
evaluation.
CTE has provided numerous references, many of which are local governments
similar to the size and scope of this contract. Based on the material submitted,
the CTE scores five points (5) for this portion of the evaluation.
Neal Electric provided numerous references, however they did not specify the
duration of the services provided. Three of the references were for local
governments with the remainder being commercial work. Based on the material
submitted, Neal scores four points (4) for this portion of the evaluation.
Extreme Electric did not provide the required information. Extreme did provide a
series of invoices. Based on the information provided, Extreme is deemed as
non-responsive in this category and scored zero (01 points for this portion of the
evaluation.
§1 VALUE ADDED OFFERINGS
CTE Electric listed several value offerings, including CCTV and the use of a
crane truck. Based on the material submitted, CTE scores four points (4) for this
portion of the evaluation.
Neal Electric offered to include thermal imaging. Based on the material
submitted, Neal scored three points (3) out of five (6) for this portion of the
evaluation.
Extreme Electric stated they would offer free meeting attendance to identify
energy efficiency savings. Based on the material submitted, Extreme scored two
points (2) for this portion of the evaluation,
Fuson Electric did not include any value added offerings. Based on the material
submitted, Fuson Electric scored zero points (0) for this portion of the evaluation.
The vendors were ranked in the following order:
1. Fuson Electric 425.0 Points
2. CTE Inc. 395.0 Points
3. Neal Electric 235.0 Points
4. Extreme Electric 200.0 Points
Based on the materials submitted and our review of the various firms bid
submittals, and pre-approved criteria allowed under the Best Value system, the
Administrators have determined that the Best Value Vendor for this agreement is
Fuson Electric.
The Administrators recommend the award of a one year agreement to Fuson
Electric for Bid No. 13-06 Electrical Maintenance Services. Please review the
evaluation and approve the selection of Fuson Electric if appropriate. Property
and Environmental Management will process the agreement upon notification of
approval of the selected Vendor,
^e ^ruba
Municipal Property Manager
Tony Wlnney
Management Analyst, Public Works
6-May-13
EVALUATION SHEET: BID NO. 13-06, ELECTRICAL MAINTENANCE SERVICES
For Scoring, enter numbers from 1 through 5. 5 = best. For total, multiply score by weight.
MINIMUM CRITERIA WEIGHT
Fuson
Electric CTE Inc.
Extreme
Electric
Neal
Electric
% Score Total Score Total Score Total Score Total
Cost 25 5 125 3 75 2 50 2 50
Technical Experience 20 4 80 4 80 5 too 3 60
Capability of Vendor 10 4 40 4 40 20 1 10
Ability to Provide Service 20 :,.':"4 80 4 80 20 1 20
Previous Performance and References 20 6 ICQ 6 100 0 4 80
Unspecified Value Added Offerings 5 0 4 20 10 3 15
TOTALS 100 425 395 200 235
Joe Garuba
Municipal Property Manager
Tony Winney
Management Analyst
PEM1013
AGREEMENT FOR ELECTRICAL MAINTENANCE SERVICES
FUSON ELECTRIC
THIS, AGREEMENT is made and entered into as of the day of
, 2013, by and between the CITY OF CARLSBAD, a municipal
corporatifijn, ("City"), and FUSON ELECTRIC, a Sole Proprietorship, ("Contractor").
DEFINITIONS
Demolition: The removal of Electrical 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 preserve 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.
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 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 Demolition, Installations, Maintenance and Repair on 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. Selection of Contractor is expected to achieve the desired results in an expedited
fashion.
D. 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 Electrical
Maintenance (also referred to as the "Services") that are more particulariy defined in attached
Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms
and conditions. The Contractor will perform Electrical Maintenance 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.
1 City Attorney Approved Version 1/30/13
The City reserves the right to procure Electrical Maintenance from other contractors as the City
deems appropriate.
All work shall be done with qualified personnel in conformance with the Manner of Performing
Work and General Specifications document, attached as Exhibit "A" which is incorporated by
this reference and in accordance with this Agreements terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise. Contractor shall maintain a C-10 license
issued by the California Contractors State License Board and all other Federal, State and local
required licenses and certificates throughout the term of this Agreement.
3. TERM
The term of this Agreement will be effective for a period of one year from the date first above
written. The City Manager may amend the Agreement to extend it for five additional one year
periods or parts thereof in on an agreed price basis in the initial Agreement year an amount not
to exceed Three Hundred Thousand dollars ($300,000.00) per Agreement year. Extensions and
additional compensation will be based upon a satisfactory review of Contractor's performance,
City needs, and appropriation of funds by the City Council and under the terms listed in section
5 Compensation (below). The parties will prepare a written amendment indicating the effective
date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement year will be
on an agreed price basis in an amount not to exceed Three Hundred Thousand dollars
($300,000.00). No other compensation for the Services will be allowed except for items covered
by subsequent amendments to this Agreement. The City reserves the right to withhold a ten
percent (10%) retention until City has accepted the work and/or Services specified in Exhibit
"A". The project annual cost for this agreement is $296,850 with a not to exceed amount of
$300,000 per contract year. Actual costs are based upon a time and materials charge of $77.25
per hour plus a 7% markup on materials.
The Contractor will perform work in accordance with alt applicable Carisbad 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 Carisbad owned or maintained properties, and
ends at the completion of required service work. Portal to portal payment is not included in
this Agreement.
All parts will be newly manufactured replacement parts or an equal approved by the Contract
Administrator or his/her authorized representative. Pricing to City of Carisbad will be from the
Contractor's actual invoice from parts suppliers plus markup indicated in the Contractor's
Proposal. Invoices must be submitted with request for payment.
2 City Attorney Approved Version 1/30/13
The Contractor shall submit invoices to the Supervisor, or his/her authorized representative by
the 5th day of the month for work performed in the previous month under this contract. The
Contractor shall provide detailed records of all work performed and include all required reports
of systems and/or equipment(s) serviced or repaired. Failure to provide the required documents,
invoices, and reports will result in the City of Carisbad withholding payment to the Contractor
until all the required documentation, including supplier invoices for parts, are provided to the
City.
Certified payroll documents shall be submitted to the City with each billing. If an increase
in compensation for service in succeeding option periods is requested, the Contractor must
provide detailed supporting documentation to justify the requested rate increase. The City will
evaluate the requested increase, and the City reserves the right to accept or reject the
Contractor's requested compensation increase. This Agreement's annual compensation terms
may be adjusted by a mutually agreeable amount based on and no greater than the San Diego
Consumer Price Index changes over the previous contract period. Requests for price changes
must be made by the Contractor in writing sixty (60) days before the end of the then-current
agreement period and is subject to negotiation or rejection by the City.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election. City may deduct the indemnification amount
from any balance owing to Contractor.
7. PREVAILING WAGES
The City of Carisbad is a Charter City. Carisbad Municipal Code Section 3.28.130 supersedes
the provisions of the California Labor Code when the public work is not a statewide concern.
Payment of prevailing wages is at contractor's discretion.
8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
City Attorney Approved Version 1/30/13
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10. PARTS
The City reserves the right to supply needed parts and equipment to the Contractor for
Services.
11. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney's
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
12. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
'•2-1 Coverage's and Limits.
Contractor will maintain the types of coverage's and minimum limits indicated below, unless
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
12.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
12.1.2 Automobile 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.
12.1.3 Workers' Compensation and Employer'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.
4 City Attorney Approved Version 1 /30/13
12.1.4 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 five years following the date of completion of the work.
N/A N/A
City's Initials Contractor's Initials X If box is checked, Professional Liability
Insurance requirement is waived.
12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
12.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
12.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
12.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverage's, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverage's. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
12.5 Submission of Insurance Policies. Citv reserves the right to require, at any time,
complete and certified copies of any or all required insurance policies and endorsements.
13. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
14. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
15. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
City Attorney Approved Version 1/30/13
16. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes alt claims to the copyrights in favor of City.
17. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Joe Garuba Name Vernon Fuson
Title Municipal Property Manager Title Owner
Department Property & Env Mgmt Address 13088 Old Barona Road
City of Carisbad Lakeside, CA 92040
Address 405 Oak Ave Phone No. (619) 249-1631
Carisbad, CA 92008 Email fusonelectric@ymail.com
Phone No. (760) 434-2943
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
18. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in alt four categories.
19- GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
20. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
21- DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be fon/varded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
6 City Attorney Approved Version 1/30/13
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded
to the City Manager. The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
22. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
Either party upon tendering ninety (90) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
23. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty. City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
24. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seg..
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.
City Attorney Approved Version 1/30/13
26- JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
26. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
27. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
28. STORM WATER POLLUTION PREVENTION PLAN
The Contractor shall incorporate and comply with all applicable Best Management Practices
(BMPs) during the completion of this agreement. All work must be in compliance with the most
current San Diego Regional Water Quality Control Board (RWQCB) permit, Carisbad Municipal
code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP)
incorporated herein by reference.
The Contractor shall indicate in his proposal methods of compliance, equipment utilized to
insure compliance, training of staff and experience in compliance with environmental
regulations. If in the opinion of the project manager, the Contractor is not in compliance with
this provision City reserves the right to implement BMPs to the maximum extent practical, and
deduct payment due or back charge the Contractor for implementation with a 15% markup for
administration and overhead.
City Attorney Approved Version 1/30/13
29. 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
FUSON ELECTRIC, a Sole Proprietorship
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
Vernon Fuson, Sole Proprietor
(print name/title)
By:
(sign here)
(print name/title)
ATTEST:
City Clerk
If required by City, proper notarial acknowledgment of execution by contracfof,'^mifcst^'^|5i6
attached. If a corporation. Agreement must be signed by one corporate officer from eaHW'6^^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 n^^
City Attorney Approved Version 1/30/13
EXHIBIT "A"
MANNER OF PERFORMING SERVICES & GENERAL SPECIFICATIONS
RFB #13-02, ELECTRICAL MAINTENANCE SERVICES
DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following
meaning:
A. "BID ITEM" - Individual items of work in the CONTRACTOR'S proposal at an agreed
Unit Price for the specified Item of Work.
B. "CITY" - The CITY of Carlsbad.
C. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or his/her
authorized representative.
D. "CONTRACT ADMINISTRATOR" - The PROPERTY AND ENVIRONMENTAL
DIRECTOR'S designee for bidding, awarding and administering the CONTF^CTOR'S
work under this agreement.
E. "CONTRACTOR" - The managing individual of the contracting entity or his/her
authorized employees or representatives.
F. "PERIODIC INSPECTION" - Routinely scheduled or randomly noticed inspection or
audit conducted by CITY.
G. "PROPERTY AND ENVIRONMENTAL DIRECTOR" - The official designated as the
Property and Environmental Director of CITY, or any of his/her authorized
representatives.
H. "REPAIRS" - Work required to maintain the serviceability of Electricals specified under
this agreement that are outside the scope of the scheduled PREVENTATIVE
MAINTENANCE. REPAIR work must be authorized by the CONTRACT
ADMINISTRATOR prior to the CONTRACTOR performance. After hours REPAIRS are
work outside of normal business hours as indicated in the Contractor's Proposed Cost of
Services Chart and shall be compensated at the Bid Item Rate for Cost of labor for
demolition, installation, maintenance and repairs.
1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY
1.01 The CONTF^CTOR shall perform the work described herein, in a thorough and
professional manner, so that the City of Carisbad is provided with reliable and high
quality Electrical Maintenance at all times.
1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools,
equipment, and materials necessary, unless specifically excluded herein, to perform
Demolition, Installation, Maintenance and Repair work and Emergency, Holiday and
"After Hours" work at the Bid Item price. The CONTRACTOR shall furnish, at
CONTRACTOR'S own expense, tools and equipment necessary, unless specifically
excluded herein, to perform authorized work at the Bid Item price for Labor. Cost of
parts shall be paid at the CONTRACTOR'S invoice cost for parts plus the percentage of
markup indicated in this proposal.
10 City Attorney Approved Version 1 /30/13
1.03 The CONTF^CTOR'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 ADMINISTF^TOR or his/her designee. CONTRACTOR shall immediately
respond when notified by CITY to correct unsatisfactory work at no additional charge.
1.05 The CONTRACTOR shall maintain individual demolition, installation, repair and
maintenance logs for both routine and emergency work listing all work performed under
this agreement, referred to hereinafter as "repair and maintenance logs" or "logs" for
short. These repair and maintenance logs shall be kept in a designated area on each
site. Logs shall indicate the date of service, time of service, service performed, the
technician performing service and any other information that may affect current or future
operation of the electrical systems. The CONTRACTOR shall report these locations, by
address, to CITY'S CONTRACT ADMINISTRATOR, or designee, within 48 hours.
(Deductions may be made from the CONTF^CTOR'S payments if maintenance and
repair tasks are not reported to CITY within the time allowed.)
1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks
to the satisfaction of the CONTRACT ADMINISTRATOR, within two (2) hours of
notification. Failure to comply with this requirement will result in a reduction in payment
to the CONTRACTOR as determined appropriate by the CONTRACT
ADMINISTRATOR.
1.07 CONTRACTOR shall, during the term of this CONTRACT, respond to requests for
REPAIRS, or EMERGENCY REPAIRS as required, twenty-four (24) hours per day,
seven (7) days per week, by dispatching required technicians to the site, within two (2)
hours of contact by the CONTRACT ADMINISTRATOR.
1.08 The City shall provide access to all devices to be serviced by the CONTRACTOR. The
CONTF^CTOR shall not be held responsible for equipment malfunction or damage,
should access to equipment or the inability to start and stop primary equipment
incidental to the operation of the electrical system be denied or not provided by the
CITY.
2.00 ELECTRICAL SYSTEMS TO BE MAINTAINED
2.01 The service areas, hours of operation, frequencies of service and equipment under the
provisions of this CONTF^CT include but not limited to the following:
2.01.1 FACILITIES INVENTORY
Facility Name Department Address Approx. Sq. Ft.
Beach Bluff Restrooms PEM Carisbad Blvd & Pine Ave 900
Bauer Lumber Facility PEM 2787 State Street 10,000
Parks Administration PEM 1166 Carisbad Village Dr 504
Parks Modular Bldg/Break Room PEM 1166 Carlsbad Village Dr 1,610
Calavera Hills Community Center PEM 2997 Glasgow Drive 17,400
Calavera Hills Park Restrooms PEM 2997 Glasgow Drive 900
Calavera Hills Treatment Plant CMWD 2400 Tamarack Avenue 3,300
Chase Field Building PEM 3349 Harding Street 1,600
11 City Attorney Approved Version 1 /30/13
City Administration PEM 1635 Faraday 68,000
City Council Chambers PEM 1200 Carlsbad Village Dr 2,500
City Hall Complex PEM 1200 Carlsbad Village Dr 13,500
City Yard PEM 405 Oak Avenue 8,249
City Yard Modular Building PEM 405 Oak Avenue 1,800
Community Development [PEM 2075 Las Palmas 22,627
Community Swim Complex PEM 3401 Monroe Street 4,102
Elmwood House PEM 1255 Elmwood Avenue 1,843
Farmers Building PEM 5815 El Camino Real 128,000
Fire Station #1 Fire 1275 Carlsbad Village Dr 5,040
Fire Station #2 Fire 1906 Arenal Road 3,982
Fire Station #3 Fire 3701 Catalina Drive 4,084
Fire Station #4 Fire 6885 Batiquitos Lane 3,900
Fire Station #5 Fire 2540 Orion Way 12,600
Fire Station #6 Fire 3131 Levante 2,000
Granary PEM 2659 Garfield 572
Harding Community Center PEM 3096 Harding Street 12,392
Heritage Hall PEM 2650 Garfield 1,608
Hiring Center PEM 5958 El Camino Real 280
Holiday House PEM 3235 Eureka Place 855
Holiday Park Restrooms (2) PEM 3235 Eureka Place 1400
Kruger House PEM 3215 Eureka Place 1,250
La Costa Canyon Park Restroom PEM Pueblo St. and Rana Ct. 900
La Costa Heights Restroom PEM 3031 Levante St. 900
Laguna Rivera Park Restroom PEM 4900 Kelly Drive 900
Leo Carrillo Park Facilities PEM 6200 Flying LC Lane 25,200
Library (Dove) PEM 1775 Dove Lane 35,000
Library (Cole) PEM 1250 Carlsbad Village Dr 24,600
Library Annex PEM 1237 Carlsbad Village Dr 1,359
Library-Hispanic Info Center PEM 3430 Harding Street 868
Magee House PEM 258 Beech 4,089
Poinsettia Park Restrooms/Concessions PEM 6200 Hidden Valley Road 4,000
Poinsettia Park Restrooms PEM 6200 Hidden Valley Road 1,600
Railroad Depot (ConVis) PEM 400 Carlsbad Village Dr 1,608
Safety Center PEM 2560 Orion Way 64,000
Safety Training Center PEM 5750 Orion Way 45,501
S.C. Carrillo Modular PEM 2480 Orion Way 160
S.C. Fleet Maintenance PEM 2480 Orion Way 10,358
S.C. Modular Bldg #2 Storage PEM 2480 Orion Way 720
S.C. Modular Bldg #3 Trans. PEM 2480 Orion Way 2,160
S.C. Modular Bldg. #4 Restrooms PEM 2480 Orion Way 600
S.C. Wash Rack PEM 2480 Orion Way 3,560
Scout House PEM 3225 Eureka Place 1,908
Senior Center PEM 799 Pine Street 28,300
Stagecoach Community Center PEM 3420 Camino de los Coches 17,400
Stagecoach Park Restrooms (2) PEM 3420 Camino de los Coches 3,500
Stay N Play Modular PEM 3430 Harding Street 868
Village Grill PEM 2833 State Street 1,453
Water District PEM 5950 El Camino Real 18,000
Water District Modular PEM 5950 El Camino Real 696
12 City Attorney Approved Version 1/30/13
2.01.2 PARKS LANDSCAPES INVENTORY
Facility Name Department Address Approx. Acrea
Cadencia Park P&R 3310 Cadencia 5.4
Calavera Hills Park P&R 2997 Glasgow Drive 20
Cannon Park P&R Carisbad Blvd @ Cannon 1.7
Chase Field Sports Complex P&R 3450 Harding Street 3.3
Dog Park P&R Carlsbad Village Drive @ .5
El Fuerte P&R 6000 El Fuerte 4.7
Farmers Property P&R 5815 El Camino Real
Hidden Canyon Park P&R Vancouver Street 22.3
Holiday Park P&R Pio Pico and Chestnut 7.5
La Costa Canyon Park P&R Pueblo Street & Rana Court 14
Laguna Riviera P&R Kelly Drive @ Park Drive 7.5
Larwin P&R CVD and Elm 25
Magee Park P&R 258 Beech Avenue 3.5
Maxton Brown Park P&R 500 Laguna Drive 1.4
Pine Field P&R 3333 Harding Street 8
Poinsettia Park P&R 6600 Hidden Valley Road 42
Pio Pico P&R Pio Pico .8
Safety Center P&R 2560 Orion Way 20
Stagecoach Park P&R 3420 Camino de los Coche 30
Zone 5 Park P&R Faraday Ave and Hidden Valley Rd 3.5
Streets & Maint. Facility P&R 405 Oak Avenue .4
Car Country Park P&R Paseo Del Norte 1
Beach Sculpture Park P&R Carisbad Blvd .5
Harding Community Center P&R 3096 Harding Street 1.5
Swim Complex P&R 3401 Monroe Street 4.7
Parks Yard P&R 1166 CVD 2.2
Hosp Grove Park P&R Jefferson & Monroe 11
Oak Park P&R Pio Pico @ CVD .5
City Hall/Cole Library P&R 1200 CVD 3
Carrillo Ranch P&R Carrillo Way 19
Senior Center Complex P&R 799 Pine 2.5
Scanlon House P&R 2955 Elmwood .5
2.01.3 MEDIANS AND TRAILS LANDSCAPES INVENTORY
Alga Road
Altisma Way
Arenal Road
Avenida Encinas
Aviara Parkway
Carisbad Boulevard
Calavera Hills Trailhead
Coastal Rail Trail
College Boulevard
Chestnut Avenue
Carisbad Village Drive
El Camino Real
Faraday Avenue
Grand Avenue
La Costa Avenue
13 City Attorney Approved Version 1/30/13
Madison Street
Monroe Street Rotary Trailhead
Melrose Drive
Palomar Airport Road
Paseo Del Norte
Poinsettia Lane
Rancho Santa Fe Road
Roosevelt Street
Tamarack Avenue
Wickham Way Trailhead
2.01.4 ELECTRICAL EQUIPMENT INVENTORY LIST
Contractually required work on City of Carisbad Inventory includes but is not limited to
troubleshooting of problems, new installation, maintenance, demolition and repair of the
following items associated with, contained within or attached to any City of Carisbad owned or
managed building:
1. Interior Fluorescent Lighting, Decorative Lighting, Stage Lighting, Emergency Lighting
Systems, Exit Lighting, Incandescent Lighting, Metal Halide Lighting, Quartz Lighting,
Neon Lighting, Sodium Lighting, Illuminated Signs and Other Associated Indoors
Lighting Fixtures and Control Systems and any other lighting systems attached to
buildings in any way.
2. Ballasts
3. Conduits
4. Wiring
5. Switches
6. Disconnects, Fused and Un-fused
7. Transfer Switches, Automatic and Manual
8. Rheostats
9. Amplifiers and Speakers
10. Receptacles
11. Meter Service Panels
12. Distribution Panels and Sub-panels
13. Enclosures
14. Breakers
15. Contactors
16. Motor Starters and Controls
17. Transformers
18. High Voltage Systems
19. Low Voltage Systems
20. New Circuits
21. Dedicated Electrical Circuits
22. Wiring and Control Systems of Special Electrical Equipment (Pumps, Compressors,
Stoves, Ovens, Refrigerators, Dishwashers, Garbage Disposals, Stage Lighting, Timers,
Irrigation Controllers, Elevators, Automatic Doors, Washing Machines, Dryers, Fans,
Clocks, Audio Visual and Multi-Media Systems etc.) Uninterruptible Power Sources and
Other Associated Equipment and Appurtenances.
23. Examples of Troubleshooting include, but are not limited to, investigating electrical
failures on electrical equipment and systems located in or attached to any City of
Carisbad building or facility, using standard and specialty diagnostic tools including
electrical multi-meters, amp probes, meg ohm meters, tick tracers, phase rotation meters
14 City Attorney Approved Version 1 /30/13
and other electrical diagnostic tools. Determining cause of failures and recommending
repairs or replacement of electrical equipment as detailed in the Electrical Scope of
Work and Equipment List above as directed by the Supervisor or his authorized
representative.
24. Examples of New Installations include, but are not limited to, installation of new
equipment, conduits, wiring and associated electrical services or devices necessary for
the preservation or protection of a City facility as detailed in the Electrical Scope of Work
and Equipment List above as directed by the Supervisor or his authorized
representative. After performing installations, the Technician shall show changes and
modifications to the system on plan sets provided by the City of Carisbad and submit
them for review and approval. If plan sets are not available the technician shall submit
notes and line diagrams of changes for City's review and approval.
25. Examples of Maintenance include but are not limited to maintenance of equipment,
conduits, wiring and associated electrical equipment or devices as detailed in the
Electrical Scope of Work and Equipment List above. Maintenance tasks include
cleaning electrical cabinets, terminal and insulation inspection, replacement of wire
markers, electrical tape and wire nuts, replacement of wire splices, replacement of
contacts, replacement of other worn equipment to prevent possible failure of associated
electrical systems as directed by the Supervisor or his authorized representative.
26. Examples of Demolition include but are not limited to removal of equipment, conduits,
wiring and associated electrical equipment or devices necessary for the preservation or
protection of a City facility as detailed in the Electrical Scope of Work and Equipment List
above as directed by the Supervisor or his authorized representative. This work may be
required in the case of upgrades of facilities, demolition of facilities or to remove
obsolete equipment from service.
27. Examples of Repairs include but are not limited to repair of equipment, conduits, wiring
and associated electrical equipment or devices as detailed in the Electrical Scope of
Work and Equipment List above as directed by the Public Works Supervisor or his
authorized representative. This work may be made pursuant to troubleshooting work
identified by the Contractor or City Staff, as generated by work order from other City
Personnel, request from other users of City Facilities or as identified during other routine
maintenance activities.
28. The Contractor shall furnish all personnel, parts, materials, test equipment, tools and
services in conformance with the terms and conditions of this Agreement.
29. City authorization is required prior to performing any repairs whose aggregate parts and
labor dollar amount exceeds one hundred and fifty dollars ($150.00). The Contractor
shall notify The City's Authorized Representative as designated by Supervisor, Facilities
Maintenance, and receive authorization prior to performing repairs in excess of $150.00.
2.02 CONTF^CTOR 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. CONTF^CTOR accepts the premises in their present physical
condition, and agrees to make no demands upon CITY for any improvements or
alterations thereof.
3.00 PAYMENT AND INVOICES
3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the
preceding month. Said invoice shall include all required certifications and reports as
specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of
each month in the amount of the compensation to be paid by the CITY for all services
rendered by the CONTRACTOR under the terms and conditions of this CONTRACT.
Said payment shall be made within thirty (30) days upon receiving the invoices,
15 City Attorney Approved Version 1 /30/13
providing that all work performed during the preceding month has been inspected and
accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have
been submitted in accordance with the provisions of this CONTRACT.
3.02 Separate invoices for approved COST OF LABOR FOR DEMOLITION, INSTALLATION,
MAINTENANCE AND REPAIRS and COST OF EMERGENCY, HOLIDAY OR "AFTER
HOURS" LABOR FOR INSTALLATIONS, MAINTENANCE AND REPAIRS shall be
prepared and submitted in an electronic format acceptable to the CONTRACT
ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which
the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing.
Unless otherwise requested by the CONTF^CT ADMINISTF^TOR, 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 CONTF^CTOR shall be compensated for the additional
facilities or services that are designated after the date of the commencement of this
CONTFIACT 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 fon^/arded to the
CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the
reasons for said action. The written notice shall provide the CONTRACT
ADMINISTRATOR'S reason for any deductions so imposed.
4.03 The action above shall not be construed as a penalty but as adjustment of payment to
CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to
complete or comply with the provisions of this CONTRACT.
16 City Attorney Approved Version 1 /30/13
5.00 INSPECTIONS. MEETINGS. & REPORTS
5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S
equipment, at any time for the purpose of verifying CONTF^CTOR'S performance of
CONTRACT requirements and identifying deficiencies.
5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT
ADMINISTF^TOR or his representative on each site at the discretion and convenience
of the CONTRACT ADMINISTRATOR, for walk-through inspections.
5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his
appropriate representative, shall attend meetings and/or training sessions, as
determined by the CONTRACT ADMINISTRATOR, for purposes of orientation,
information sharing, CONTRACT revision, description of CITY policies, procedures,
standards, and the like.
5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written
documentation and/or regular reports as the CONTF^CT ADMINISTF^TOR deems
necessary to verify and review CONTF^CTOR'S performance under this CONTF^CT
and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the
maintenance, operation, and safety of the electrical systems. All reports, logs, tools, etc
shall be maintained and submitted in a City approved electronic format.
6.00 CONTRACTOR'S DAMAGES
6.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be
repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of
the CONTRACT ADMINISTRATOR and, all at the CONTRACTOR'S expense.
7.00 COMMUNICATIONS AND EMERGENCY RESPONSE
7.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain two seven (7)
days per week twenty-four (24) hour emergency telephone numbers, toll free to a San
Diego region area code. For hours beyond a normal 7 AM to 5 PM business day, an
answering service shall be considered an acceptable substitute. Answering machines
are not acceptable.
7.02 All requests for emergency services shall require a qualified technician to be dispatched
to the required location as soon as possible after notification; but in all cases within two
(2) hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency
service request is not responded to in two (2) hours, the CONTF^CT ADMINISTF^TOR
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 CONTFIACTOR, cause such
action to be taken by alternate work forces and, as determined by the CONTF^CT
ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost
from any amount due to the CONTRACTOR. This deduction shall include a markup for
administrative costs equal to fifteen (15) percent of the actual costs incurred.
7.04 The CONTF^CTOR shall maintain a written log of all communications, the date and the
time thereof and the action taken pursuant thereto or the reason for non-action. Said log
of communications shall be open to the inspection of the CONTRACT
ADMINISTRATOR at all reasonable times.
17 City Attorney Approved Version 1 /30/13
7.05 CONTRACTOR'S Supervisor shall carry cellular telephones with local San Diego region
area code. CONTRACTOR'S Supervisor shall respond to any call from the CITY within
thirty (30) minutes at any time.
8.00 SAFETY
8.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a
manner as to meet all accepted standards for safe practices during the performance of
his/her duties and to safely maintain stored equipment, machines, and materials or other
hazards consequential or related to the work; and agrees additionally to accept the sole
responsibility for complying with all CITY, County, State or Federal requirements at all
times so as to protect all persons, including CONTFIACTOR'S employees, agents of the
CITY, Contractors, members of the public or others from foreseeable injury, or damage
to their property. CONTF^CTOR 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. CONTF^CTOR shall cooperate
fully with the CITY in the investigation of any such occurrence.
8.03 The CONTF^CTOR shall provide safe access and egress for City of Carisbad
employees or members of the general public while work is in progress at City facilities.
The CONTF^ACTOR agrees to be responsible for providing and installing any safety or
cautionary equipment necessary to prevent unauthorized access to work areas including
common public areas.
9.00 HOURS AND DAYS OF SERVICES
9.01 The acceptable daily hours of services shall be Monday-Friday 6:30 am to 5:00 pm,
which shall be considered normal work hours as may pertain to any other provision of
the CONTRACT.
Emergency hours are defined as an unexpected and sudden event that must be dealt
with urgently in order to provide continuous service.
Holiday hours are defined as any scheduled work to be performed on the following
holidays: New Year's Day, Martin Luther King, Jr Birthday, Washington's birthday.
Memorial day. Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day and Christmas Day .
After hours are defines as anytime outside the acceptable normal daily hours of services
defined as Monday-Friday 6:30 am to 5:00 pm.
9.02 CONTRACTOR shall provide staffing to perform the required services during the
prescribed hours as specified in these contract documents. Any changes in the days and
hours of operation heretofore prescribed shall be subject to approval by the CONTRACT
ADMINISTRATOR.
9.03 Per State of California Labor Code, CONTRACTOR is directed to the following
prescribed requirement with respect to the hours of employment. Eight (8) hours of
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labor under this CONTF^CT shall constitute a legal day's work and said CONTFIACTOR
shall not require or permit any laborer, worker or mechanic, or any subcontractor
employed by him to perform any of the work described herein to labor more than eight
(8) hours during any one day or more than forty (40) hours during any one calendar
week, except as authorized by State of California Labor Code Section 1815.
CONTF^CTOR 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 CONTF^CTOR 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 Carisbad 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 CONTFl^CTOR 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
CONTF^CTOR'S personnel in the proper and specified work method and procedures;
directing, scheduling, and coordinating all services and functions to completely
accomplish the work as required by this Agreement. The "local" representative shall be
available for consultation regarding problems on a daily basis at some time during
regular working hours (7:00 a.m. to 5:00 p.m., Monday through Friday).
10.06 Each crew of CONTF^CTOR'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 CONTF^CTOR'S supervisory personnel present.
10.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice
to the effect that the conduct or action of a designated employee of CONTRACTOR is, in
the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest
of City staff, its contractors and Contractors and, the public patronizing the premises.
CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR
to consider the appropriate course of action with respect to such matter and
CONTRACTOR shall take reasonable measures under the circumstances to assure the
CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S
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employees will not be detrimental to the interest of City staff, its contractors & vendors
and, the public patronizing the premises.
10.08 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S
personnel removed from the premises when, in the reasonable belief of the CONTRACT
ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or
othen/vise detrimental to the interest of the CITY or the public patronizing the premises
10.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works
standards of working attire including uniform shirts and/or vests cleariy marked with the
CONTRACTOR'S company name and employee name badges as approved by the
CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat
and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be
worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with
proper shoes and other gear required by State Safety Regulations.
11.00 EQUIPMENT
11.01 The CONTRACTOR shall provide all hand tools, power tools, diagnostic tools and
equipment necessary to perform its work under this Agreement with the exception of the
specialty equipment as detailed in item 11.03.
11.02 The CONTFl^CTOR shall provide Personnel Lifts and/or Aerial Work Platforms as
specified in this Section for the price specified in Bid Item #3 (Cosf of Hydraulic Man
Lifting Trucli Capable of Reaching 45 Feet Height) of the Contractor's Proposed Cost of
Service. Hydraulic Personnel Lifts/Aerial Work Platforms must be self-propelled, street
legal, and fully operational from the work platform. The lifting portion of this equipment
must be capable of reaching a minimum of 45 feet in height. The houriy rate quoted
shall include an operator if the dedicated technician does not operate the equipment. No
additional hourly pay will be provided for this fully operational equipment over and above
the Contractor's quoted houriy rate for the equipment and the dedicated technician.
11.03 In the event that the CONTRACT ADMINISTRATOR or his authorized representative
requests the CONTRACTOR to provide specialty equipment that would not normally be
supplied by field technicians including Heavy Equipment (all types), Cranes, Scaffolds,
and Pavement Cutting Tools, the CONTRACTOR agrees that compensation for the
specialty equipment shall be as detailed in this section. Regardless of ownership, the
rates to be used in determining CONTRACTOR'S equipment rental costs shall be the
edition of the "Labor Surcharge and Equipment Rental Rates" published by 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.gov/hg/construc/eguipmnt.html. The labor surcharge rates and right of
way delay multipliers published therein are not a part of this contract. Specialty
Equipment shall be procured from sources within a fifty-mile radius of the City of
Carisbad if possible. Delivery time will be compensated for actual delivery time or a
maximum of one (1) hour for delivery and one (1) hour for equipment return regardless
of where the equipment is actually located. Specialty Equipment that is not available
within this parameter will be compensated for actual delivery time with prior approval by
the CONTRACT ADMINISRTATOR or his/her authorized representative.
12.00 NON-INTERFERENCE - NOISE
12.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct
its operations as to offer the least possible obstruction and inconvenience to the public
or disruption to the peace and quiet of the area within which the services are performed.
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12.02 In the event that the CONTF^CTOR'S operations must be performed when persons of
the public are present, CONTF^CTOR shall courteously inform said persons of any
operations that might affect them and, if appropriate, request persons to move out of the
work area.
13.00 DRUG AND ALCOHOL FREE WORKPLACE
13.01 The CITY is committed to maintaining a work environment free from the effects of drugs
and alcohol consistent with the directives of the Drug Free Workplace Act. As a
condition of this agreement, CONTRACTOR and CONTRACTOR'S employees shall
assist meeting the requirements of this policy as set forth in the "City of 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.
CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that
are performing service for CITY on CITY property or using CITY equipment of the
CITY'S objective of a safe, healthful and productive workplace and the prohibition of
drug or alcohol possession, use or impairment from same while performing such service
for CITY.
CITY has the right to terminate, or declare this or any other agreement CONTRACTOR
has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the
CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as
interpreted and enforced pursuant to the provision of the "City of Carisbad Drug and
Alcohol Use Policy".
14.00 ASSIGNMENT OF CONTRACT
14.01 CONTF^CTOR shall not assign this contract or any part thereof and or monies due
there under without the prior written consent of the CONTRACT ADMINISTRATOR.
15.00 NEGOTIATED PROPOSAL AND ACCEPTANCE
15.01 The CITY may award work to the CONTFIACTOR, at the discretion of the CONTRACT
ADMINISTRATOR. New work will be awarded on a negotiated proposal and
acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is
appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for
Work shall be performed by negotiated agreement between the CITY and the
CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the
Contractor's Proposed Cost of Services chart.
15.02 Prior to performing any work, the CONTF^CTOR shall prepare and submit a written
proposal including a description of the work, a list of materials, and a schedule for
completion. No work shall commence without written approval of the CONTRACTOR'S
proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance
or negotiation by the CONTRACT ADMINISTRATOR.
15.03 All work shall commence on the specified date established and CONTRACTOR shall
proceed diligently to complete said work within the time allotted.
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