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HomeMy WebLinkAbout2020-01-28; City Council; ; Professional Services Agreement with Saturn Electric, Inc., for Citywide Electrical Maintenance Services.~ ~ CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Jan.28,2020 Mayor and City Council Scott Chadwick, City Manager Brian Bacardi, Public Works Superintendent brianbacardi@carlsbadca.gov, 760-434-2944 CAReview /:tL& Subject: Professional Services Agreement with Saturn Electric, Inc., for Citywide Electrical Maintenance Services. Recommended Action Adopt a Resolution approving a Professional Services Agreement (Agreement) with Saturn Electric, Inc. for annual citywide electrical maintenance services, in an amount not to exceed $777,200 during the initial Agreement term. Executive Summary The Facilities Maintenance Division of the Public Works Branch, General Services Department contracts out maintenance of electrical systems in city facilities, parks, trails and medians. In August 2019, staff issued a Request For Proposals (RFP), RFP 20-846GS, for ongoing electrical maintenance services. Staff is recommending award of a contract with Saturn Electric, Inc. for as-needed electrical maintenance services. Additionally, Carlsbad Municipal Code Section 3.28.060 requires that the City Council be the awarding authority for procurement of professional services when the value exceeds $100,000. Therefore, the recommended approval of the Professional Services Agreement with Saturn Electric, Inc. is subject to this requirement. Discussion In August 2019, the City of Carlsbad issued RFP 20-846GS, soliciting proposals to maintain citywide electrical systems at city facilities, trails, and medians. On Aug. 27, 2019, four proposals were received and deemed responsive. Pursuant to Carlsbad Municipal Code Section 3.28.030, the proposals were reviewed and ranked using best value criteria: cost of services, technical experience, capability of the contractor, ability to provide timely service and professionalism (references). Based on these standards, Saturn Electric, lnc.'s proposal was determined to be the best value with a bid total of $777,200 during the initial Agreement term. The recommended Agreement with Saturn Electric, Inc. will be for a two (2) year term, with up to three (3) additional one-year optional extensions. The total dollar value of the initial Jan. 28, 2020 Item #3 Page 1 of 31 Agreement term will not exceed $777,200. If the city elects to extend the Agreement, the amount shall not exceed $388,600 per Agreement year. Fiscal Analysis The total dollar value of the initial Agreement term will not exceed $777,200. Actual costs are based upon a time and materials fee schedule as outlined in the Agreement. Funding for the Agreement will be distributed between the Facilities Maintenance Division and the Parks & Recreation Department according to the table below. Sufficient funding is available in the fiscal year 2019-20 operating budgets to cover the associated costs with this Agreement. Account Name Account Number Cost Allocation Facilities Maintenance -0015310-7550 70% Miscellaneous Professional Services Parks & Recreation Parks Maintenance -0014610-7550 20% Miscellaneous Professional Services Parks & Recreation Trails -0014620-7550 7% Miscellaneous Professional Services Parks & Recreation Landscaping District Medians -1615024-7550 3% Miscellaneous Professional Services Next Steps Upon execution of the Agreement, staff will begin issuing work orders, as appropriate, to Saturn Electric, Inc., for electrical maintenance services. Environmental Evaluation (CEQA) The Project is exempt from environmental review per California Environmental Quality Act (CEQA) Guidelines Section 15301(c) -minor alteration of existing facilities including streets, sidewalks, medians and similar facilities involving negligible or no expansion. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution Jan. 28, 2020 Item #3 Page 2 of 31 RESOLUTION NO. 2020-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) WITH SATURN ELECTRIC, INC. FOR ANNUAL CITYWIDE ELECTRICAL MAINTENANCE SERVICES, IN AN AMOUNT NOT TO EXCEED $777,200 DURING THE INITIAL AGREEMENT TERM. WHEREAS, the City of Carlsbad, California issued a Request For Proposals (RFP), RFP 20-846GS, in August 2019, soliciting proposals to maintain electrical systems at city facilities, trails and medians; and WHEREAS, four proposals were received and deemed responsive on Aug. 27, 2019 in accordance with Carlsbad Municipal Code Sections 3.28.030 and 3.28.0G0(D); and WHEREAS, city staff reviewed the four proposals against the following best value evaluation criteria: cost, technical experience, capability of the contractor, ability to provide timely service, and professionalism of the contractor; and WHEREAS, the bid that offered the best value to the city was submitted by Saturn Electric, Inc. in an amount not to exceed $777,200 during the initial Agreement term; and WHEREAS, funding for the agreement for electrical maintenance services has been appropriated and is sufficient. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The bid submitted by Saturn Electric, Inc. in the amount of $777,200 during the initial Agreement term is hereby accepted. 3. The mayor is hereby authorized and directed to execute the Agreement with Saturn Electric, Inc., for electrical maintenance services of city facilities, trails and medians, attached hereto as Attachment A. 4. That city manager, or designee, is hereby authorized to extend the Agreement with Saturn Electric, Inc., consistent with the terms and conditions of the Agreement, as appropriate and based upon satisfactory review of Contractor's performance. Jan. 28, 2020 Item #3 Page 3 of 31 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of January 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor /::1%& /kctvr Gome?. -pl"BARBARA ENGLESON, City Clerk Defv!J (SEAL) Crj CJefJI" Jan. 28, 2020 Item #3 Page 4 of 31 PSA20-963GS AGREEMENT FOR CITYWIDE ELECTRICAL MAINTENANCE SERVICES SATURN ELECTRIC, INC. _. THIS AGREEMENT is made and entered into as of the !>b¼, day of ~V'\WiC:\~ , 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City")~ nd SATURN ELECTRIC, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in electrical maintenance services. B. Contractor has the necessary experience in providing professional services and advice related to electrical maintenance. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The partie_s will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be in an amount not-to-exceed seven hundred seventy-seven thousand two hundred dollars ($777,200). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed three hundred eighty-eight thousand six hundred dollars ($388,600) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 Jan. 28, 2020 Item #3 Page 5 of 31 PSA20-963GS 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. 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. 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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, City Attorney Approved Version 6/12/18 2 Jan. 28, 2020 Item #3 Page 6 of 31 PSA20-963GS 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "AX"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 Jan. 28, 2020 Item #3 Page 7 of 31 PSA20-963GS 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. 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. 14. 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. 15. 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. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. Ill Ill City Attorney Approved Version 6/12/18 4 Jan. 28, 2020 Item #3 Page 8 of 31 For City Name Brian Bacardi Title Public Works Superintendent Department Public Works City of Carlsbad Address 405 Oak Ave. Carlsbad, CA 92008 Phone No. 760-434-2944 PSA20-963GS For Contractor Name Tim Dudek Title Project Manager Address 7552 Trade Street San Diego, CA 92121 Phone No. 858-271-4100 Email tim@saturnelectric.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes D No [gJ 18. 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding City Attorney Approved Version 6/12/18 5 Jan. 28, 2020 Item #3 Page 9 of 31 PSA20-963GS upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. 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. 22. 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. 23. 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. 24. 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. City Attorney Approved Version 6/12/18 6 Jan. 28, 2020 Item #3 Page 10 of 31 PSA20-963GS 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 Jan. 28, 2020 Item #3 Page 11 of 31 PSA20-963GS 27. 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 SATURN ELECTRIC, INC., a California corporation (sign here) :£,,..,o~p~ni ~~ f r..w~ CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: By~g~t~ ---.,L,t.~~~~~~:::::._,L.L.J.J:;J'J.1..1.L_JnJfY>e 2 I ~ MClS ~ ~~Ck_ (print name/title) exs::r S&c~":\ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 8 Depv }_j Cr'+j cJeof Jan. 28, 2020 Item #3 Page 12 of 31 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT before me, __ P+>.~N~DJDf.~~~---+-, ~~_11\Q; __ ,i...__W_B_U_G __ (here insert name and trtle of the officer) personally appeared __ :f~\M ____ 011\~~'J.,__~~· "D\TD-~~~----------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknow~ged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by~/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) OPTIONAL INFORMATION /\/though the information in this section is not required by law, it could prevent fraudulent rernovol ond reattochrnent of this acknowledgment to an unauthorized document ond rnoy prave useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Q T"J d_f !.,f\g1,.'i:,_~ '?.,~~·~,~ containing pages, and dated The signer(s) capacity or authority is/are as l11dividual(s) Attorriey-in-Fact ){CorporateOfficens: _ C~uc rc1c1n/C01~servator f',11tnt:-r -Lrm1ted/General Trustee(s) representing r,tlc•\c,,1 Method of Signer Identification Proved to me on the basis of satisfactory evidence form(s) of identrficatron ued1hle vv1tness(e<:,\ Notarial event is det;iiled in notary Journal on Page # Entry# Notary contacr Other /\dditroridl S1q11cr(sl S1q11cr(sl I hu111ilprrr11(1) Jan. 28, 2020 Item #3 Page 13 of 31 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On 06'-U-1 ~ \IJ,., Ul ci before me, --~~M-~t--=I>~u~~~~~-, ~w=trr1t~~f2J../,__~~~U~G~-- (here insert nMne a~ officer) personally appeared -~1l\-~O~"-'~h=4&~..)~. D___,U..._ml?:-""-=_.__ _______________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b@her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha (Seal) OPTIONAL INFORMATION AlthoucJh the information in this section is not required by low, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and moy prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document , Me_tho~_of ~gner Identification titled/for the purpose of o-rv Of" GI\IZ-\..'oeN)_ - -?& ~ 'k_O ~ 'I~ 3_C,S containing pages, and dated The signer(s) capacity or authority is/are as: lndividual(s) . Attmney-in-Fact '..J. Corporate OfilCer!s) Guard1a11/Co11se1 vator Part r,er t.:nirted/Cerier al represent:ng: F., cir f. ril1tv(11"' ' 1r1• Proved to me on the basis of satisfactory evidence: form(s) ol 1de11t1ncc1rion ued1b:e ·v\,1\ness1es) Notarial event is detailed in notary journal on Page # Entry # Notary contact· Other Addit1or1al S,gnerlsl 1 Sigr1t•r(:,l lhu1nbo11r1t1sl Jan. 28, 2020 Item #3 Page 14 of 31 PSA20-963GS EXHIBIT "A" CONTRACTOR'S COST OF SERVICE *Estimated Unit Price or Item of Work Quantity and Mark-up Rate Total Units 12% Contractor's $89,600 Cost of parts and $80,000/year* markup from ($80,000 + Markup) materials (*Estimated) supplier invoice (Extended Amount) price. Cost of authorized $75,00/year* Caltrans Rental $7,500 equipment rental (*Estimated) Rates (Stipulated Amount) Cost of hydraulic man 100 Hours* $150 $15,000 lifting truck capable of (*Estimated) Per Hour (Extended Amount) reaching 45' height Cost of labor for troubleshooting, maintenance, and 2000 Hours* $102 $204,000 maintenance related (*Estimated) Per Hour (Extended Amount) repairs. (Monday - Friday 7am -5pm) Cost of emergency, holiday or "after hours" labor for $145 $72,500 troubleshooting, 500 Hours* maintenance and Per Hour (Extended Amount) maintenance related repairs. Total Annual Not-To-Exceed Amount $388,600 Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 15 of 31 PSA20-963GS Exhibit A ( continued) MANNER OF PERFORMING SERVICES & GENERAL SPECIFICATIONS RFP20-846GS, 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. 0. "CONTRACT ADMINISTRATOR" -The Deputy City Manager of Public Works designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTRACTOR" -The managing individual of the contracting entity or his/her authorized employees or representatives. F. "PERIODIC INSPECTION" -Routinely scheduled or randomly noticed inspection or audit conducted by CITY. G. "DEPUTY CITY MANAGER OF PUBLIC WORKS" -The official designated as the Deputy City Manager of Public Works for the CITY, or any of his/her authorized representatives. H. "ELECTRICAL MAINTENANCE" -Routine, recurring and usual work for the preservation, protection and keeping of electrical systems integrated with CITY facilities (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired. 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY 1.01 The CONTRACTOR shall perform the work described herein, in a thorough and professional manner, so that the City of Carlsbad is provided with reliable and high-quality Electrical Maintenance Services at all times. The CITY shall provide CONTRACTOR with work orders containing the details of work requested to be performed. Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 16 of 31 PSA20-963GS Exhibit A (continued) CONTRACTOR invoices shall reference each work order number issued, as described in Section 3.00 herein. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform maintenance, troubleshooting, or maintenance related repair work at the Bid Item price. 1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform Electrical Maintenance. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.04 ELECTRICAL MAINTENANCE shall be performed in accordance with accepted standards with the NFPA 70, 70B, 70E, and to the satisfaction of the CONTRACT ADMINISTRATOR or his/her designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACTOR is required to submit a Contractor Daily Report listing work performed under this agreement. Contractor Daily Reports shall indicate the date of service, time of service, service performed, the technician performing service, work order number, purchase order number and any other information that may affect current or future operation of the electrical systems. The CONTRACTOR shall provide the CONTRACT ADMINISTRATOR electronic copies of these Contractor Daily Reports within 24 hours of a service. The CONTRACTOR shall report these locations, by address, to CITY'S CONTRACT ADMINISTRATOR or designee. Deductions may be made from the CONTRACTOR'S payments at a rate of 5% per affected BID ITEM if maintenance tasks are not reported to CITY within the time allowed. 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within two (2) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 CONTRACTOR shall, during the term of this CONTRACT, respond to requests for maintenance, or emergency service calls 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. Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 17 of 31 PSA20-963GS Exhibit A ( continued) 1.08 The City shall provide access to all devices to be serviced by the CONTRACTOR. The CONTRACTOR shall not be held responsible for equipment malfunction or damage, should access to equipment or the inability to start and stop primary equipment incidental to the operation of the electrical system be denied or not provided by the CITY. 2.00 ELECTRICAL SYSTEMS TO BE MAINTAINED 2.01 The service areas, hours of operation, frequencies of service and equipment under the provisions of this CONTRACT include but not limited to the following: Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 18 of 31 2.01.1 FACILITIES INVENTORY Facility Name Address Beach Bluff Restrooms Carlsbad Blvd & Pine Ave Bauer Lumber Facility (New Village Arts) 2787 State Street Parks Administration 1166 Carlsbad Village Dr Parks Modular Bldg/Break Room 1166 Carlsbad Village Dr Calavera Hills Community Center 2997 Glasgow Drive Calavera Hills Park Restrooms 2997 Glasgow Drive Calavera Hills Treatment Plant 2400 Tamarack Avenue Chase Field Building 3349 Harding Street City Administration 1635 Faraday City Council Chambers 1200 Carlsbad Village Dr City Hall Complex 1200 Carlsbad Village Dr City Yard 405 Oak Avenue City Yard Modular Building 405 Oak Avenue Community Swim Complex 3401 Monroe Street Elmwood House 1255 Elmwood Avenue Farmers Building 5815 El Camino Real Fire Station #1 1275 Carlsbad Village Dr Fire Station #2 1906 Arena I Road Fire Station #3 3465 Trail Blazer Way Fire Station #4 6885 Batiquitos Lane Fire Station #5 2540 Orion Way Fire Station #6 3131 Levante Granary 2659 Garfield Harding Community Center 3096 Harding Street Hawthorne Building 2065 Camino Vida Roble Heritage Hall 2650 Garfield Hiring Center 5958 El Camino Real Holiday House 3235 Eureka Place Holiday Park Restrooms (2) 3235 Eureka Place Kruger House 3215 Eureka Place La Costa Canyon Park Restroom Pueblo St. and Rana Ct La Costa Heights Restroom 3031 Levante St. Laguna Rivera Park Restroom 4900 Kelly Drive Las Palmas Building (Mira Costa College) 2075 Las Palmas Leo Carrillo Park Facilities 6200 Flying LC Lane Library (Dove) 1775 Dove Lane Library (Cole) 1250 Carlsbad Village Dr Library Learning Center 3368 Eureka Place Magee House 258 Beech Pine Community Center 3209 Harding St. Poinsettia Park Restrooms/Concessions 6200 Hidden Valley Road Poinsettia Park Restrooms 6200 Hidden Valley Road Railroad Depot (Convis) 400 Carlsbad Village Dr Safety Center 2560 Orion Way Safety Training Center 5750 Orion Street S.C. Fleet Maintenance 2480 Orion Way S.C. Modular Bldg #2 Storage 2480 Orion Way S.C. Modular Bldg #3 Trans. 2480 Orion Way Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS PSA20-963GS Exhibit A (continued) A~~rox. Sg. Ft. 900 10,000 504 1,610 17,400 900 3,300 1,600 68,000 2,500 13,500 8,249 1,800 4,102 1,843 128,000 5,040 3,982 11,311 3,900 12,600 2,000 572 12,392 84,500 1,608 280 855 1400 1,250 900 900 900 22,627 25,200 35,000 24,600 16,193 4,089 18,000 4,000 1,600 1,608 64,000 36,000 10,358 720 2,160 Jan. 28, 2020 Item #3 Page 19 of 31 Facility Name S.C. Modular Bldg. #4 Restrooms S.C. Wash Rack Scout House Senior Center Stagecoach Community Center Stagecoach Park Restrooms (2) Village Grill Water District Water District Modular 2.01.2 PARKS LANDSCAPES INVENTORY Facility Name Alga Norte Community Park Aviara Community Park Cadencia Park Lake Calavera Trail Unisex Calavera Hills Park Cannon Park Chase Field Sports Complex Ann D. L'Heureux Dog Park El Fuerte Park/ La Costa Meadows Farmers Property Hidden Canyon Park Holiday Park La Costa Canyon Park Laguna Riviera Magee Park Maxton Brown Park Ocean Street Beach Accesses Pine Avenue Community Park Poinsettia Park Pio Pico Safety Center Stagecoach Park Zone 5 Park Streets & Maint. Facility Car Country Park Beach Sculpture Park Harding Community Center Monroe Street Pool Parks Yard Hosp Grove Park Oak Park City Hall/Cole Library Leo Carrillo Ranch Historic Park Senior Center Complex Scanlon House PSA20-963GS Exhibit A (continued) Address 2480 Orion Way 2480 Orion Way Approx. Sq. Ft. 600 3225 Eureka Place 799 Pine Street 3420 Camino de los Coches 3420 Camino de los Coches 2833 State Street 5950 El Camino Real 5950 El Camino Real 3,560 1,908 28,300 17,400 3,500 1,453 18,000 696 Address Approx. Acreage 6565 Alicante Road 32.1 6425 Ambrosia Lane 24.3 3310 Cadencia 5.4 Tamarack Avenue Trailhead 2 2997 Glasgow Drive 20 Carlsbad Blvd@ Cannon 1.7 3450 Harding Street 3.3 Carlsbad Village Drive 0.5 6889 El Fuerte Street 4.7 5815 El Camino Real Vancouver Street Pio Pico and Chestnut Pueblo Street & Rana Court Kelly Drive @ Park Drive 258 Beech Avenue 500 Laguna Drive Ocean Street 3333 Harding Street 6600 Hidden Valley Road Pio Pico 2560 Orion Way 3420 Camino de los Coche Camino Hills Dr@ Faraday Ave 405 Oak Avenue Paseo Del Norte Carlsbad Blvd @ Pine Avenue 3096 Harding Street 3401 Monroe Street 1166 CVD Jefferson & Monroe Pio Pico @ CVD 1200 CVD 6200 Flying LC Lane 799 Pine Avenue 2955 Elmwood 22.3 7.5 14 7.5 3.5 1.4 8 42 0.8 20 30 3.5 0.4 1 0.5 1.5 4.7 2.2 11 0.5 3 19 2.5 0.5 Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 20 of 31 2.01.3 MEDIANS AND TRAILS LANDSCAPES INVENTORY Alga Road Altisma Way Arenal Road Avenida Encinas Aviara Parkway Carlsbad Boulevard Calavera Hills Trailhead Coastal Rail Trail College Boulevard Chestnut Avenue Carlsbad Village Drive El Camino Real Faraday Avenue Grand Avenue La Costa Avenue Madison Street Monroe Street Rotary Trailhead Melrose Drive Palomar Airport Road Paseo Del Norte Poinsettia Lane Rancho Santa Fe Road Roosevelt Street Tamarack Avenue Wickham Way Trail head 2.01.4 ELECTRICAL EQUIPMENT INVENTORY LIST PSA20-963GS Exhibit A (continued) Contractually required work on City of Carlsbad Inventory includes but is not limited to troubleshooting and maintenance of the following items associated with, contained within or attached to any City of Carlsbad owned or managed building: l. Interior and exterior LED lighting, fluorescent lighting, decorative lighting, stage lighting, emergency lighting systems, exit lighting, incandescent lighting, metal halide lighting, quartz lighting, neon lighting, sodium lighting, illuminated signs, other associated interior/exterior light fixtures, lighting control systems, and any other lighting systems attached to buildings in any way. 2. Ballasts/ LED Drivers 3. Conduits 4. Wiring 5. Switches 6. Disconnects, Fused and Non-Fused 7. Transfer Switches, Automatic and Manual 8. Rheostats Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 21 of 31 9. Receptacles 10. Meter Service Panels 11. Distribution Panels and Sub-panels 12. Enclosures 13. Breakers 14. Contactor 15. Motor Starters and Controls 16. Transformers 17. High Voltage Systems 18. Low Voltage Systems 19. Photovoltaic Systems 20. Dedicated Electrical Circuits PSA20-963GS Exhibit A (continued) 21. Wiring and control systems of special electrical equipment (pumps, compressors, stoves, ovens, refrigerators, dishwashers, garbage disposals, stage lighting, timers, irrigation controllers, automatic doors, washing machines, dryers, fans, clocks, audio visual and multi-media systems etc.). 22. Uninterruptible Power Sources (UPS) and other associated equipment and appurtenances. 23. Examples of Troubleshooting include, but are not limited to, investigating electrical failures on electrical equipment and systems located in or attached to any City of Carlsbad building or facility, using standard and specialty diagnostic tools including, circuit tracers, electrical multi-meters, amp probes, megohm meters, tick tracers, phase rotation meters and other electrical diagnostic tools. Determining cause of failures and recommending repairs or replacement of electrical equipment or devices as detailed in the Electrical Scope of Work and Equipment List above. 24. 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. 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 the contract purchase order number, workorder numbers associated with the maintenance tasks completed, and a copy of all Contractor Daily Reports for the work being invoiced. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 22 of 31 PSA20-963GS Exhibit A (continued) has been inspected and accepted by the CONTRACT ADMINISTRATOR and that required information has been submitted in accordance with the provisions of this CONTRACT. 3.02 Separate invoices for approved COST OF LABOR MAINTENANCE and COST OF EMERGENCY, HOLIDAY OR "AFTER HOURS" LABOR FOR MAINTENANCE shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete service call or emergency service call and shall indicate the associated work order number. Invoices shall itemize labor costs and materials costs. 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 their discretion, execute an Amendment to the CONTRACT to add new electrical systems to be maintained or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on a time and material negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the Request for Proposal 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 Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 23 of 31 PSA20-963GS Exhibit A ( continued) 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 oft he amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The written notice shall provide the CONTRACT ADMINISTRATOR'S reason for any deductions so imposed. 4.03 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS, MEETINGS, & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the electrical systems. 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. Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 24 of 31 7.00 COMMUNICATIONS AND EMERGENCY RESPONSE PSA20-963GS Exhibit A ( continued) 7.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain two (2) 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 California State Certified Journeyman Electrician to be dispatched to the required location as soon as possible after notification; but in all cases within two (2) hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency service request is not responded to in two (2) hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not meeting the required response time followed by a written report to the CONTRACT ADMINISTRATOR within two (2) working days. 7.03 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 7.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of communications shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 7.05 CONTRACTOR'S Supervisor shall a carry cellular telephone. 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 Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 25 of 31 PSA20-963GS Exhibit A (continued) responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, Contractors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make annual inspections for any potential hazards at said sites and provide a report indicating date inspected and action taken. Said report shall be delivered to the CONTRACT ADMINISTRATOR in electronic format within thirty (30) days upon completion of the inspection. 8.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 8.03 The CONTRACTOR shall provide safe access and egress for City of Carlsbad employees or members of the general public while work is in progress at City facilities. The CONTRACTOR agrees to be responsible for providing and installing any safety or cautionary equipment necessary to prevent unauthorized access to work areas including common public areas. 8.04 The CONTRACTOR is required to maintain a comprehensive safety program for all of its staff members. Additionally, all Electrical Maintenance Service staff must receive electrical safety training as specified in the NFPA 70E every three (3) years. The CONTRACTOR is responsible for maintaining records supporting all safety training activities, and must provide documentation of such to the CONTRACT ADMINISTRATOR upon request. 8.05 The CONTRACTOR is responsible to ensure all staff wear the appropriate Personal Protective Equipment (PPE) as circumstances dictate. 9.00 HOURS AND DAYS OF SERVICES 9.01 The acceptable daily hours of services shall be Monday-Friday 7 a.m. to 5 p.m., 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. Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 26 of 31 PSA20-963GS Exhibit A (continued) Holiday hours are defined as any scheduled work to be performed on all CITY holidays. After hours are defines as anytime outside the acceptable normal daily hours of services defined as Monday through Friday, 7 a.m. to 5 p.m. 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 The CONTRACTOR shall be responsible for unlocking, including disabling alarm systems, as needed to perform services. The CONTRACTOR shall not duplicate keys nor share alarm codes issued for CITY facilities. Additional keys, RFID badge, or alarm codes will be provided by the CONTRACT ADMINISTRATOR as needed. The CONTRACTOR will be required to perform an annual key/RFID badge audit with the CONTRACT ADMINISTRATOR or designee. 10.00 CONTRACTOR'S STAFF AND TRAINING 10.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 10.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, Live Scan fingerprinting and background checks on all personnel providing electrical services for this CONTRACT. In the event such fingerprinting and or/background checks reveal an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. Throughout the life of the Contract, the CITY reserves the right to require the CONTRACTOR to have fingerprinting and background checks updated or completed upon request at the CONTRACTOR's cost. There will be no exceptions and no substitutions of personnel without prior fingerprinting and background clearance checks. 10.03 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR a list of the CONTRACTOR'S staff that will work at all CITY facilities over the course of the CONTRACT. Upon satisfactorily completing the background check referenced in 10.02, CONTRACTOR'S staff may be issued a CITY RFID badge which will allow limited access to some CITY facilities during normal business hours. If the CONTRACTOR wishes to amend the list to add additional staff, the required background check must be completed and approved by the Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 27 of 31 PSA20-963GS Exhibit A (continued) CONTRACT ADMINISTRATOR prior to any new staff members commencement of work at CITY facilities. In the event a CONTRACTOR'S employee has lost their CITY issued keys or RFID badge, the CONTRACTOR must notify the CONTRACTOR ADMINISTRATOR immediately. In the event a CONTRACTOR'S staff member, who was issued keys or an RFID badge has their employment terminated, the CONTRACTOR must notify the CONTRACT ADMINISTATOR immediately of the separation, and retrieve the CITY issued keys/RFID badge from the from the former employee. The CONTRACTOR shall return the keys/badge to the CONTRACT ADMINISTRATOR within twenty- four (24) hours of separation. Any loss, or damages to CITY facilities as a result of the CONTRACTOR'S staff misuses, or failure to report a lost badge will be at the CONTRACTOR'S expense as referenced in section 6.0. 10.04 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. 10.05 CONTRACTOR'S personnel performing electrical work must be a State Certified Journeyman with a "General Electrician" classification. Electrical apprentices and trainees are authorized to work provided they are directly supervised by a journeyman electrician with more than 10 years in the trade, and they are registered with the Department of Industrial Relations. 10.06 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, and Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this CONTRACT, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7 AM. to 5 PM, Monday through Friday). Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 28 of 31 PSA20-963GS Exhibit A ( continued) 10.07 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 10.08 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of City staff, its contractors and Contractors and, the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of City staff, its contractors & vendors and, the public patronizing the premises. The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 10.10 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. 11.00 EQUIPMENT 11.01 The CONTRACTOR shall provide all hand tools, power tools, diagnostic tools and equipment necessary to perform its work under this contract with the exception of the specialty equipment as detailed in item 11.03. 11.02 The CONTRACTOR shall provide Personnel Lifts and/or Aerial Work Platforms as specified in this Section for the price specified in Bid Item #3 (Cost of Hydraulic Man Lifting Truck Capable of Reaching 45 Feet Height) of the Contractor's Proposed Cost of Service. Hydraulic Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 29 of 31 PSA20-963GS Exhibit A (continued) Personnel Lifts/Aerial Work Platforms must be self-propelled, street legal, and fully operational from the work platform. The lifting portion of this equipment must be capable of reaching a minimum of 45 feet in height. The hourly rate quoted shall include an operator if the dedicated technician does not operate the equipment. No additional hourly pay will be provided for this fully operational equipment over and above the Contractor's quoted hourly rate for the equipment and the dedicated technician. 11.03 In the event that the CONTRACT ADMINISTRATOR or his authorized representative requests the CONTRACTOR to provide specialty equipment that would not normally be supplied by field technicians including Heavy Equipment (all types), Cranes, Scaffolds, and Pavement Cutting Tools, the CONTRACTOR agrees that compensation for the specialty equipment shall be as detailed in this section. Regardless of ownership, the rates to be used in determining CONTRACTOR's equipment rental costs shall be the edition of the "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the CONTRACTOR's actual use of the tool or equipment. CAL TRANS equipment rates website can be found at the following web address: http://www.dot.ca.gov/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 Carlsbad if possible. Delivery time will be compensated for actual delivery time or a maximum of one (1) hour for delivery and one (1) hour for equipment return regardless of where the equipment is actually located. Specialty Equipment that is not available within this parameter will be compensated for actual delivery time with prior approval by the CONTRACT ADMINISRTATOR or his/her authorized representative. 12.00 NON-INTERFERENCE -NOISE 12.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 12.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 30 of 31 13.00 DRUG AND ALCOHOL-FREE WORKPLACE PSA20-963GS Exhibit A ( continued) 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. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CITY has the right to terminate or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 14.00 ASSIGNMENT OF CONTRACT 14.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. 15.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 15.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Contractor's Proposed Cost of Services chart. 15.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 15.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. Exhibit A: Agreement for citywide electrical maintenance services, RFP20-846GS Jan. 28, 2020 Item #3 Page 31 of 31