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HomeMy WebLinkAbout2015-11-17; City Council; Resolution 2015-2912 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 RESOLUTION NO. 2015-291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE BID AND AWARDING THE CONTRACT TO BEAR ELECTRICAL SOLUTIONS, INC. FOR TRAFFIC SIGNAL MAINTENANCE AND OPERATIONS, BID NO. 16-04, FOR AN INITIAL AMOUNT NOT TO EXCEED $1,267,000 IN THE INITIAL ONE YEAR AND SEVEN MONTH TERM OF THE AGREEMENT EXHIBIT I WHEREAS, the City of Carlsbad requires the services of a traffic signal maintenance service contractor; and WHEREAS, proper bidding procedures have resulted in the city's receipt of a bid from a qualified contractor, Bear Electrical Solutions, Inc.; and WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section 3.28.060 was performed by staff and has resulted in staff's determination that the bid submitted by Bear Electrical Solutions, Inc., at $438J45 per Agreement year (annualized) was selected, with the award to be executed at $800,000 per Agreement year (annualized) to allocate additional funds based on historical spending is the best value to the City of Carlsbad; and WHEREAS, staff recommends award of the contract for Bid 16-04 Traffic Signal Maintenance Services to Bear Electrical Solutions, Inc., in an amount not-to-exceed $1,267,000 in the initial one year and seven month Agreement term; and WHEREAS, staff recommends Council authorize the City Manager to allow the Agreement to be extended for up to two subsequent two-year Agreement periods of $1,600,000 each, based on historic costs incurred during previous years, and to ensure that sufficient funds are available to fund increases in compensation to the contractor in an amount 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 not to exceed the Consumer Price Index for San Diego County in the preceding two-year term(s); and WHEREAS, sufficient appropriations are available in the Traffic Signal Maintenance Operating Budget-General Fund, and the Traffic Signal Program -Infrastructure Replacement Fund, to fully fund the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows; that: 1. That the above recitations are true and correct. 2. The bid of Bear Electrical Solutions, Inc., 1341 Archer Street, Alviso, CA 95002 is the best value. 3. 4. The bid of Bear Electrical Solutions, Inc., is hereby accepted. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute an Agreement with Bear Electrical Solutions, Inc. for an amount not to exceed $1,267,000 in the initial one year and seven month period term, a copy of which is attached, for and on behalf of the City of Carlsbad. 5. That the City Manager is hereby authorized by the City Council to consider approving extensions to the Agreement for two subsequent two-year Agreement periods. 6. That the maximum compensation amount will not exceed $4,467,000 over a maximum five year and seven month period ofthe Agreement. Ill Ill Ill AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES BEAR ELECTRICAL SOLUTIONS, INC. TRAN1333 THIS AGREEMENT is made and entered into as of the f 6~-day of NDwYl\a€1?--, 2015 and effective as of December 2, 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and BEAR ELECTRICAL SOLUTIONS, INC., a California corporation, ("Contractor"). DEFINITIONS Repair: Authorized service work to equipment and systems required to preserve and protect any City owned or maintained Traffic Signal systems as specified in this Agreement. Installations: Traffic Signal equipment installation and adjustment required to preserve and protect any City owned or maintained Traffic Signal systems as specified in this Agreement. Maintenance: Any routine, recurring, and usual services or routine maintenance on existing City systems necessary for the protection or preservation of any City owned or maintained Traffic Signal systems as specified in this Agreement. Demolition: The removal of Traffic Signal equipment required to preserve and protect any City owned or maintained Traffic Signal systems 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. Web based report capability is highly desired. Traffic Signal: Devices as described in Exhibit "A", Section #21, of this document. RECITALS A. City requires the professional services of a Traffic Signals Maintenance Contractor that is experienced in providing routine, recurring and usual Traffic Signal maintenance work necessary for the protection and preservation of City owned or maintained Traffic Signal systems for their intended purposes. B. Contractor has the necessary experience in providing professional services and advice related to providing routine, recurring and usual Traffic Signal maintenance work necessary for the protection and preservation of City owned or maintained Traffic Signal systems for their intended purposes. 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 City Attorney Approved Version 8/13/15 TRAN1333 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are described in the Scope of Work (Exhibit "A") and contained in the City's Request for Bids and the Contractor's bid which are incorporated by this reference in accordance with this Agreement's terms and conditions. The Contractor will perform Traffic Signal maintenance and related services as needed and as authorized on an agreed price basis and/or on a time and materials basis for repairs as specified in the Contractor's bid. Nothing in this agreement is intended to create an exclusive arrangement between City and Contractor. The City reserves the right to procure Traffic Signal maintenance services from other contractors as the City deems appropriate. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall maintain an A -General Engineering Contractor and/or a C-10 Electrical Contractor license issued by the California Contractors State License Board throughout the term of this Agreement. 3. TERM The term of this Agreement will be effective from the date first above written, but no earlier than December 2, 2015, through June 30 2017. The City Manager may amend the Agreement to extend it for two (2) additional two (2) 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 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 Contractor's Traffic Signal maintenance work will be paid at a fixed cost rate for scheduled maintenance and bid item work and at an hourly rate plus parts as indicated in the agreement as detailed in the Contractor's bid. The total fee payable for the Services to be performed during the initial Agreement term will not exceed one million two hundred sixty seven thousand dollars ($1,267,000) ending June 30, 2017. 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 eight hundred thousand dollars ($800,000) 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 the Contractor's bid. 6. PREVAILING WAGES TO BE PAID Contractor is to pay prevailing rates of wages. The general prevailing wage rate of wages for each craft or type of worker needed to execute the Agreement shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. The Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Agreement. 2 City Attorney Approved Version 8/13/15 TRAN1333 The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, other applicable California codes, OSHA standards and any other regulatory requirements. There will be no additional charges such as travel or trip costs allowed. Payment for service starts when the technician arrives at the City of Carlsbad owned or maintained properties, and ends at the completion of required service work. Portal to portal payment is not included in this Agreement. All parts will be newly manufactured replacement parts or an equal approved by the Inspector, or his authorized representative. Pricing to City of Carlsbad will be in accordance with bid item costs or hourly labor cost plus parts markup as indicated in the Exhibit 1 -Contractor's Proposed Cost of Services Chart. Invoices must be submitted with request for payment. The Contractor shall submit invoices to the Inspector, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of systems and/or equipment(s) serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. Compensation increases will not be authorized prior to the end of each individual option period. 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 for the next option period. The City will evaluate the requested increase, and the City reserves the right to negotiate, accept or reject the Contractor's requested compensation increase. The compensation increase may be adjusted by a mutually agreeable amount based on and no greater than the aggregate 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 year. 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. 3 City Attorney Approved Version 8/13/15 TRAN1333 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 AND PARTS The City reserves the right to employ other Contractors in connection with the Services. The City reserves the right to supply needed parts and equipment to the Contractor for 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 attorneys' fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will 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 "A:X"; 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. 4 City Attorney Approved Version 8/13/15 j0 TRAN1333 11.1.1 Commercial General Liability Insurance. $2,000,000 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. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 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. 11.2 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. 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. 5 City Attorney Approved Version 8/13/15 TRAN1333 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. For City Name Patrick A. Thomas Title Public Works Director Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2730 For Contractor Name Robert Asuncion Title Vice President Address 1341 Archer Street Alviso, CA 95002-0924 Phone No. 408-449-5178 Email robert@bear-electrical.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. 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. 6 City Attorney Approved Version 8/13/15 TRAN1333 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 (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. 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. 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 7 City Attorney Approved Version 8/13/15 ---~~~------------~--~------- TRAN1333 prosecution. Contractor acknowledges that Califorr"!ia 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 qebarment 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. 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. /II /II Ill Ill Ill Ill Ill 8 City Attorney Approved Version 8/13/15 \4 TRAN1333 EXHIBIT 1 SCOPE OF SERVICES AND FEES The matrix below describes items upon which the City requests a bid. The actual payments made to the CONTRACTOR will be based on actual work performed for the City consistent with the terms and conditions of the contract documents. Bid Schedule "A" Annual Routine Maintenance/Repairs-Page 1 of 2 Item Estimated No. Description Quantity and Unit Price Annual Total Units* Perform Routine Quarterly A-1. Traffic Signal Inspection 720 $60.00 $43,200.00 and Routine Maintenance Each Extended Amount A-2. Provide and Install LED 125 $115.00 ~14,375.00 Signal Light (Burnout) Each Extended Amount A-3. ISNS Re-lamping 1 $50.00 $50.00 Each Extended Amount Provide and install LED A-4. Pedestrian Countdown 19 $250.00 $4,750.00 Head Each Extended Amount A-5. Perform Red Flash Signal 5 $70.00 $350.00 Reset Each Extended Amount Perform A-6. Function/Detection/Cycling 3 $95.00 $285.00 Test Each Extended Amount Provide and Replace UPS A-7 Batteries (Per Signal) 36 $1,025.00 ~36,900.00 Each Extended Amount 10 City Attorney Approved Version 8/13/15 TRAN1333 Bid Schedule "A" Annual Routine Maintenance/Repairs-Page 2 of 2 Item Estimated Annual Total No. Description Quantity and Unit Price Units* A-8. Pedestrian Push Button 20 $115.00 $2.300.00 Replacement Each Extended Amount A-9. Loop Set Testing 10 $105.00 $1.050.00 Each Extended Amount A-10. Loop Replacement 10 $420.00 $4.200 TypeD Each Extended Amount A-11. Loop Replacement 48 $375.00 ~18,000.00 Type E Each Extended Amount Video Detection Camera A-12. Service 720 $50.00 ~36,000.00 (Semi Annual) Each Extended Amount A-13. Cabinet Filter Replacement 360 $5.00 $1,800.00 (Semi Annual) Each Extended Amount A-14. Amber School Flasher 16 $95.00 $1,520.00 Reprogramming Each Extended Amount Head Cleaning and Mast A-15. Arm Inspection 180 $145.00 ~26,100.00 (Annual) Each Extended Amount A-16. Conflict Monitor Testing 180 $50.00 ~9,000.00 (Annual) Each Extended Amount A-17 Adjust Signal Timing 5 $50.00 $250.00 Each Extended Amount Total Annual Cost for Bid Schedule "A" 12001130.00 11 City Attorney Approved Version 8/13/15 TRAN1333 Bid Schedule "8" Annual Regular Hours Repairs -Page 1 of 1 Item Description Estimated Unit Price Annual Total No. Quantity and Units* " B-1. IMSA Level Ill 100 $85.00 $8,500.00 Certified Technician (Per Hour) Extended Amount (if on staff) B-2. IMSA Level II $70.00 ~351000.00 Certified Technician 500 (Per Hour) Extended Amount B-3. General Laborer 40 $45.00 $11800.00 (Per Hour) Extended Amount B-4. Aerial Truck 500 $25.00 ~121500.00 (Per Hour) Extended Amount B-5. Service Truck 100 $15.00 $11500.00 (Per Hour) Extended Amount B-6. Compressor 20 $5.00 $100.00 (Per Hour) Extended Amount %15 X $125,000 = $18a150.00 ~143a150.00 B-7. Parts $125,000 $125,000 +Parts Contractor Parts Markup % Markup in Dollars Total Annual Cost for Bid Schedule "B" ~2031150.00 12 City Attorney Approved Version 8/13/15 TRAN1333 Bid Schedule "C" Annual After Regular Hours Repairs -Page 1 of 1 Item Description Estimated Unit Price Annual Total No. Quantity and Units* C-1. IMSA Level Ill 75 $120.00 $9.000.00 Certified Technician (Per Hour) Extended Amount (if on staff) C-2. IMSA Level II 200 $95.00 ~19,000.00 Certified Technician (Per Hour) Extended Amount C-3. General Laborer 20 $65.00 $1,300.00 (Per Hour) Extended Amount C-4. Aerial Truck $25.00 $5,000.00 200 (Per Hour) Extended Amount C-5. Service Truck 75 $15.00 $1,125.00 (Per Hour) Extended Amount C-6. Compressor 8 $5.00 $40.00 (Per Hour) Extended Amount Total Annual Cost for Bid Schedule "C" $35,465.00 13 City Attorney Approved Version 8/13/15 2 TRAN1333 TRAFFIC SIGNAL MAINTENANCE QUALITY STANDARDS MAINTENANCE THEORY Quality maintenance includes all the necessary tasks required to keep equipment in a safe economical and dependable operation. Scheduled routine maintenance on traffic signal equipment will not only prolong the life of the equipment but will greatly reduce the overall outlay of financial resources by both the owner and the service company. Eventually, all equipment will wear out or be replaced by new technology. However, the traffic signal maintenance contractor has a responsibility to maximize the life and economic operation of the equipment. EQUIPMENT & ENCLOSURES: The equipment enclosures and equipment are to be cleaned, kept free of dust, lint, oil residue, and debris. Units shall be maintained in a reasonably clean and dry condition. Oil spills shall be cleaned up immediately and reported to the Inspector. Cleaning these enclosures will be performed in accordance with the contractor's maintenance guide. Code authorities prohibit the storage of equipment and parts not relative to the operation and maintenance of the traffic signal equipment in the enclosures. Spare traffic signal parts and wiring diagrams will be kept orderly in storage cabinets provided for the job by the traffic signal maintenance contractor. Up to date service charts, callback logs, and Material Data Sheets for any chemicals utilized by the maintenance contractor will be readily accessible. All chemicals must be properly labeled. All fastenings and screws will be secured and tightened. Missing screws shall be replaced. Operating panels, indicators and markings shall be maintained as installed. Defaced components will be reported to the Inspector. Equipment enclosures and doors shall be kept locked to prevent unauthorized access. SAFETY Safety awareness is of the utmost importance when working on traffic signal equipment not only for the technician and City Staff but also the casual observer who may wander into a work area unannounced. Traffic control devices, barricades, proper tools and safety equipment will be proved by the traffic signal contractor to minimize risk of exposure to danger to employees and public. Under no circumstances should work be performed in un-barricaded areas. If continuous work is performed, doors should be closed when the immediate area is unattended. Strict adherence to the lock out tag out procedure shall be enforced. All safety devices and circuits shall operate as intended. They shall not be overridden and must operate in compliance with applicable codes. Unsafe equipment or conditions will be corrected or reported to the proper personnel immediately. Under no circumstances shall unsafe equipment be put into operation. Periodic checks will be performed to ensure proper operation of all safety devices. CONTROLS & OTHER EQUIPMENT Controls and other operational apparatus will be kept clean, properly lubricated and adjusted as required; relays and contactors shall be kept clean and operating without excessive arc. All 15 City Attorney Approved Version 8/13/15 TRAN1333 electrical connections shall be tight, taped and tagged when not in use. Coils, contacts, relays and resistors showing signs of deterioration shall be repaired or replaced as necessary. Care must be exercised when handling printed circuit boards. Proper grounding is necessary when handling some versions of solid-state boards. The traffic signal maintenance contractor shall maintain sufficient stock of repair parts or shall insure that sufficient repair items are in stock locally or shall insure that the contractor has access to spares for overnight delivery. All modes, programs and operations shall be maintained as originally intended, engineered, and manufactured. 16 City Attorney Approved Version 8/13/15 TRAN1333 M. "REPAIRS" -REGULAR HOUR REPAIRS and AFTER REGULAR HOURS REPAIRS include work required to maintain the serviceability of traffic signal equipment specified under this agreement that are outside the scope of the ROUTINE MAINTENANCE/REPAIRS bid schedule. REGULAR HOUR REPAIRS occur during REGULAR HOURS and AFTER REGULAR 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 each item. REGULAR HOUR REPAIRS and AFTER REGULAR HOURS work must be authorized by the CONTRACT ADMINSITRATOR prior to the CONTRACTOR performance. N. "ROUTINE MAINTENANCE/REPAIRS" Work specified in the ROUTINE MAINTENANCE/REPAIRS schedule of this agreement (Bid Schedule "A", that consist of work performed by the Contractor at a fixed price cost during "REGULAR HOURS". 0. "SPECIAL PROJECTS" -Repairs and/or services for which 1) a specific lump sum or agreed price job quote has been received, 2) the work has been authorized by the CONTRACT ADMINISTRATOR or designee, and 3) the work schedule has been mutually agreed. 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein in a thorough and professional manner so that the CITY is provided with reliable and high quality traffic signal maintenance services 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 ROUTINE MAINTENANCE/REPAIRS at the Bid Item price. The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, tools and equipment necessary, unless specifically excluded herein, to perform regular and after hours authorized repairs at the Bid Item price. Cost of parts shall be paid at the CONTRACTOR'S invoice cost for parts plus the percentage of markup indicated in this bid. 1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform maintenance services. 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 Traffic signal maintenance and repair shall be performed in accordance with accepted standards for traffic signal maintenance and repair to the satisfaction of the CONTRACT ADMINISTRATOR or his designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACTOR shall maintain individual repair and maintenance logs listing all work performed under this agreement. These Logs shall be submitted or shall be available via website to the CONTRACT ADMINSTRA TOR on a monthly basis. 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 traffic signals. The CONTRACTOR shall report these locations, by intersection, to CITY'S CONTRACT ADMINISTRATOR, or designee, within 48 hours. (Deductions may be made from the 18 City Attorney Approved Version 8/13/15 TRAN1333 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 Section 4.00. 4.02 The CONTRACT ADMINISTRATOR shall prepare and implement an INSPECTION RATING SYSTEM to be used to verify monthly payments and deductions from payments ("Appendix B"). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. The CONTRACTOR agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the INSPECTION RATING SYSTEM report. It is the intent of the CITY to inspect between five and twenty intersections per month. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per service area for 75 % of the intersections that are inspected, per the criteria as described in Appendix "B". The CITY is required to inspect a minimum of ten (10) intersections per month in order to assess liquidated damages. The CITY is to perform inspections within two calendar weeks after the completion of the work 4.03 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. Liquidated damages shall be ten percent (10%) of the total dollar amount of the monthly preventative maintenance invoice. By submitting a bid the CONTRACTOR agrees to liquidated damages as described above. 4.04 The action above shall not be construed as a penalty but as an 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. All routine maintenance functions shall be completed prior to this meeting. 21 City Attorney Approved Version 8/13/15 TRAN1333 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 traffic signals. 6.00 TRAFFIC CONTROL 6.01 Prior to any work in the public right-of-way, the CONTRACTOR shall submit typical traffic control plans for approval for work performed in the CITY right-of-way. The CONTRACTOR shall submit supplementary traffic control plans for unusual circumstances that are out of the ordinary for right-of-way maintenance. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California). The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. 6.02 When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the CITY Traffic Engineer, within the limits of the right-of- way. 6.03 The CONTRACTOR shall comply with all requirements of the CITY Traffic Engineer and shall bear all costs of required traffic control including but not limited to signs, cones, markers, flagmen, etc. 6.04 The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7.00 CONTRACTOR'S DAMAGES 7.01 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. 8.00 COMMUNICATIONS AND RESPONSE 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain two twenty-four (24) hour emergency telephone numbers. Both numbers shall be toll free to a San Diego 22 City Attorney Approved Version 8/13/15 --------------- TRAN1333 10.00 HOURS AND DAYS OF SERVICES 10.01 The acceptable daily hours of ROUTINE MAINTENANCE/REPAIRS shall be 8:00am to 5:00 pm, Monday through Friday excluding City Holidays which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. Issues reported to the Contractor during the hours of 8:00 am to 5:00 pm will be considered normal work hours and payment will be made in accordance with the provisions regardless of the time the CONTRACTOR arrives and performs the work. 10.02 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. 10.03 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day's work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. 11.00 ROUTINE MAINTENANCE SCHEDULES 11.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of this CONTRACT, submit annual work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. A Routine Operations Schedule shall include all tasks required at the intervals required. The CONTRACTOR shall submit annual schedules for each successive annual contract period whether due to a second agreement year in the first contract term or in additional contract years in successive amendments to the original agreement. The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval within five (5) working days prior to the original or revised scheduled time for the work whichever is earlier. 12.00 CONTRACTOR'S STAFF AND TRAINING 12.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 12.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to undergo and to pay for, background checks if required by the CONTRACT ADMINISTRATOR on all personnel providing traffic signal services for this CONTRACT. In the event such background check reveals an item which Carlsbad Police deems a security problem, CITY 24 City Attorney Approved Version 8/13/15 TRAN1333 ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 12.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by Local, State and Federal Safety Regulations. 12.10 The CONTRACTOR'S staff shall wear uniforms that clearly indicate the name of the CONTRACTOR performing service under this agreement. In addition, the CONTRACTOR shall insure that all staff are issued high visibility safety vests and hard hats and shall be responsible for insuring that all safety equipment is worn when required. 13.00 NON-INTERFERENCE • NOISE 13.01 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. 13.02 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. 14.00 DRUG AND ALCOHOL FREE WORKPLACE 14.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, CONTRACTOR and CONTRACTOR'S employees shall assist meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. CITY has the right to terminate, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 26 City Attorney Approved Version 8/13/15 TRAN1333 15.00 ASSIGNMENT OF CONTRACT 15.01 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. 16.00 EXTRA WORK 16.01 The CITY may award EXTRA WORK to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by CONTRACT unit prices. Adjustment in payment for Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR or on a NEGOTIATED PROPOSAL AND ACCEPTANCE basis in accordance with Section 17.00 or on a TIME AND MATERIALS basis in accordance with Section 18.00. 16.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may authorize modification of the CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 16.03 Prior to performing any Extra 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. 16.04 In the event that CONTRACTOR'S proposal for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS Basis. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with the CONTRACTOR's Proposed Cost of Services chart. 16.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 16.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 17.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 17.01 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 27 City Attorney Approved Version 8/13/15 TRAN1333 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. 17.02 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. 17.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 18.00 TIME AND MATERIALS 18.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. 18.02 The CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor .................................... As Stipulated in Exhibit 1 -Scope of Services and Fees 2) Materials ............................... As Stipulated in Exhibit 1 -Scope of Services and Fees 3) Equipment Rental. .................................................... 15% if not otherwise stipulated in Exhibit 1 -Scope of Services and Fees 4) Other Items and Expenditures .................................. 15% if not otherwise stipulated in Exhibit 1 -Scope of Services and Fees Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the Labor Surcharge and Equipment Rental Rates published by CAL TRANS current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay, if any, to the CONTRACTOR and subcontractor. The labor surcharge rates published therein are not a part of this contract. 18.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 28 City Attorney Approved Version 8/13/15 TRAN1333 shall be scheduled so that each intersection is inspected on approximately the same date of the month. 20.04 The quarterly inspection shall include a complete check of all timing, component functions and field appurtenances described in the "Appendix-0 Inspection Checklist 20.05 Method of Payment for Routine Maintenance. Each service identified in Bid Schedule A "ROUTINE MAINTENANCE/REPAIRS" has an associated bid item price. This bid item price includes all materials, labor, and equipment required to provide the services indicated in the bid schedule. Amounts indicated in the bid schedule are estimates based on maintenance history and anticipated City needs. Quantities indicated are not guaranteed. The actual quantities may differ. The CONTRACTOR will be only compensated for actual quantities of work performed. 21.00 ROUTINE REPAIRS 21.01 Light Emitting Diode (LED) Replacement (A2). The CONTRACTOR shall remove and replace LED due to malfunction. 21.02 Illuminated Street Name Sign (ISNS) re-lamping (A3). The CONTRACTOR shall remove and replace all ISNS lamps and the PE cell. Contractor shall clean panels and verify proper closure. Contractor shall inspect mounting hardware for corrosion I deterioration In addition to periodic calls for ISNS service, the City will perform quarterly night surveillance. The City will provide CONTRACTOR with a list of inoperative/malfunctioning illuminated street name signs (ISNS). CONTRACTOR shall inspect each location and determine if re-lamping is sufficient or if refurbishing is required and make repairs accordingly. If CONTRACTOR determines that required repairs exceed that which is covered by re- lamping, the ISNS shall be refurbished. CONTRACTOR shall remove and replace all components including, but not limited to, lamps, PE cell, ballast, and the igniter. The CONTRACTOR shall inspect mounting hardware for corrosion/deterioration and replace/repair as needed. Refurbishing ISNS shall be paid in accordance with REGULAR HOUR REPAIRS. 21.03 Provide and Install LED Pedestrian Head Replacement (A4). The CONTRACTOR shall replace malfunctioning Pedestrian Heads with standard countdown LED walk/don't walk symbol indications unless otherwise specified. 21.04 Red Flash Set/Reset (A5). The CONTRACTOR shall respond immediately to intersections reported to be in Red Flash operation. Resetting signals on Red Flash to Normal operation is considered ROUTINE REPAIRS when calls are received during REGULAR HOURS. Resetting signals found to be in Red Flash after REGULAR HOURS will be considered AFTER REGULAR HOURS REPAIRS and associated costs will be paid in accordance with unit price as bid. CONTRACTOR may, from time to time, be asked to set signals on RED FLASH for construction, planned power outage, or special events. CONTRACTOR will set the signal to Red Flash as authorized by the CONTRACT ADMINISTRATOR or approved designee and will return and reset the signal to Normal when so instructed. Calls to set a signal to Red Flash during REGULAR HOURS will be considered ROUTINE MAINTENANCE. Calls for this service after normal service hours will be considered AFTER REGULAR HOURS repairs and associated costs will be paid in accordance with unit price as bid. 30 City Attorney Approved Version 8/13/15 TRAN1333 21.05 Test Function/Detection/Cycling (A6). The CONTRACTOR shall respond to calls received during REGULAR HOURS and perform testing of signal function/detection/cycling issues. These calls shall be considered ROUTINE MAINTENANCE and associated costs will paid in accordance the bid item rate for service. Calls received outside normal service hours will be considered AFTER REGULAR HOURS REPAIRS and costs will be paid in accordance with unit prices. 21.06 Pedestrian Push Button Replacement (A8). The CONTRACTOR shall replace malfunctioning pedestrian push buttons as ROUTINE REPAIRS. Replacement of malfunctioning pedestrian push buttons shall be scheduled during REGULAR HOURS whenever possible. 21.07 Adjust Signal Timing (A17). The CONTRACTOR shall perform timing adjustments only when directed to do so, in advance, by the Traffic Engineer or his appointed designee or to compensate for sudden changes in traffic conditions or malfunctioning traffic signal equipment that cannot be repaired or replaced immediately. The CONTRACTOR shall notify the CONTRACT ADMINISTRATOR of these adjustments immediately upon completion and obtain approval by the Traffic Engineer. Should the Traffic Engineer not concur with the temporary timing, CONTRACTOR shall return to the intersection and make necessary adjustments as instructed. All temporary timing changes shall be noted on the cabinet log sheet. All permanent timing changes will also be logged on the timing sheet and a new timing sheet will be obtained and placed into the cabinet as soon as possible. These calls shall be considered ROUTINE REPAIRS and associated costs will paid in accordance the bid item rate for service. Calls received outside normal service hours will be considered AFTER REGULAR HOURS REPAIRS and costs will be paid in accordance with unit prices. 21.08 Loop Set Testing (A9). The CONTRACTOR shall report on-going detection problems to the CONTRACT ADMINISTRATOR for determination if loop-set testing is required. Loop- set testing shall be performed at the discretion of the CONTRACT ADMINISTRATOR or appointed designee. A loop-set is defined as all loops connected to a single lead-in cable of a single loop detector amplifier in a rack slot. The loop-set testing shall include disconnecting all loops from the lead-in cable to separate the individual loop-sets from the slot to be tested, a meg check of each individual loop and the DLC (detector lead-in cable), and reconnection of the loops. 21.09 Loop Detector Replacement (A10 or A11 ). Loop detector replacement is not guaranteed. It is scheduled on an as needed basis only. Compensation therefore will be at the agreed upon price per loop for actual quantities only. In most cases, the CONTRACTOR will be required to install (4) or more loops at one time; however, the City reserves the right to request fewer than four (4) loops if deemed necessary by the CONTRACT ADMINISTRATOR or appointed designee. New loop configuration will be four (4) Type E loops per lane unless otherwise indicated. Loop installation will include pavement cutting, placement of the conductors including home run, sealing pavement cuts, and connection to DLC in pull box so that loop-set is functioning properly upon completion of the installation. Only IMSAITSA Level II or higher technicians are authorized to make loop connections within the cabinet. 21 .10 Video Detection Camera Service (A 12). The CONTRACTOR shall clean and verify proper alignment for all video detection cameras. CONTRACTOR shall check mounting hardware for corrosion and shall adjust and align as needed. Camera service shall be 31 City Attorney Approved Version 8/13/15 TRAN1333 completed every six months. The spring service shall begin after May 1 and before June 30. The fall service shall begin after November 1 and before December 31. Video detection camera service must be completed within sixty calendar days following start date. 21 .11 Cabinet Filter Replacement (A 13 ). The CONTRACTOR shall replace cabinet filter every six months. Should CONTRACTOR determine at any other time that cabinet filter needs to be replaced, approval from the CONTRACT ADMINISTRATOR or appointed designee shall be obtained prior to replacement. 21.12 School Flasher Programming (A14). The CONTRACTOR shall program all school zone warning flashers prior to and upon completion of the school year. The CONTRACT ADMINISTRATOR will provide an operating schedule. The CONTRACTOR shall manually enter this information into the digital clocks at each location. 21.13 Conflict Monitor Testing (A16). Within 90 days after execution of this agreement and annually thereafter, and/or when so instructed by the CONTRACT ADMINISTRATOR or appointed designee, the CONTRACTOR shall remove each 2010 ECL conflict monitor for testing in the field. The CONTRACTOR shall provide all testing equipment and previously tested conflict monitor units and diode boards for use during the testing period. Conflict monitors must meet manufacturer's specifications prior to reinstallation into the cabinet. Copies of test results will be submitted to the City upon request by the CONTRACT ADMINISTRATOR or appointed designee. CONTRACTOR must complete conflict monitor testing on all designated intersections within ninety (90) days or be subject to the assessment of liquidated damages at the discretion of the CONTRACT ADMINISTRATOR. CONTRACTOR will notify the City prior to beginning the conflict monitor testing. CONTRACTOR shall submit a time schedule for the completion of the conflict monitor testing program for approval. The CONTRACTOR shall update the schedule daily during completion. 21.14 UPS Battery Replacement (A7). The CONTRACTOR shall replace batteries for the uninterruptable power system (UPS) as needed. Batteries not replaced due to failure must be replaced every five (5) years. When replaced due to age, all batteries in the system must be replaced. CONTRACTOR is responsible for appropriate battery recycling/disposal and all costs associated with disposal. 21 .15 Annual Head Cleaning and Mast Arm Inspection (A 15). Beginning in May, or as otherwise mutually agreed, CONTRACTOR shall initiate the Annual Head Cleaning and Mast Arm Inspection. This work must be completed within sixty calendar days. CONTRACTOR will visually inspect all overhead equipment for signs of damage and/or deterioration. This includes the connection of the mast arm to the main pole and all appurtenances to the mast arm. CONTRACTOR will clean the face of all indications. CONTRACTOR will inspect and ensure proper electrical connections at all overhead appurtenances including heads, cameras, Opticom detectors, and signs. Any incandescent indications identified during this Annual Head Cleaning and Mast Arm Inspection will be retrofitted with a LED fixture. This work will be considered ROUTINE MAINTENANCE/REPAIRS and CONTRACTOR will be compensated separately in accordance with the bid item for LED replacement. 21.16 Method of Payment for Routine Repairs. Each service identified in Bid Schedule A "ROUTINE MAINTENANCE/REPAIRS" has an associated bid item price. This bid item price includes all materials and labor required to provide the services indicated in the bid 32 City Attorney Approved Version 8/13/15 TRAN1333 schedule. Amounts indicated in the bid schedule are estimates based on maintenance history and anticipated City needs. Quantities indicated are not guaranteed. The actual quantities may differ. The CONTRACTOR will only be compensated for actual quantities of work performed. 22.00 NON-ROUTINE REPAIRS & SPECIAL PROJECTS -EXTRA WORK 22.01 Non Routine Repairs & Special Projects. REPAIRS and/or SPECIAL PROJECTS requested by the CONTRACT ADMINSTRATOR that are not included in Bid Schedule A "ROUTINE MAINTENANCE/REPAIRS" shall be performed by the CONTRACTOR in accordance with Section 16 "Extra Work", Section 17 "Negotiated Proposal and Acceptance" or Section 18 "Time and Materials" at the discretion of the CONTRACT ADMINISTRATOR. Payment for Extra Work on a "Negotiated Proposal and Acceptance" basis shall be compensated as indicated in the proposal submitted by the CONTRACTOR and as accepted by the CONTRACT ADMINISTRATOR. Payment for Extra Work on a "Time and Materials" basis shall be compensated for the prices quoted in Bid Schedule B "ANNUAL REGULAR HOURS REPAIRS" or as indicated in Bid Schedule C "AFTER REGULAR HOUR REPAIRS" dependent upon when the CONTRACTOR is dispatched to perform the work. These REPAIRS will be billed using the labor rates and markup for parts as indicated in the CONTRACTOR'S bid. Charges for these services will begin upon arrival on-scene and will end upon departure. In cases where the time needed to make associated repairs necessary to return the signal to safe and/or normal operation is less than two staff hours, Contractor will bill the City for a minimum two hour call-out. Travel time or portal to portal pay is not included in this CONTRACT. 22.02 Extra Work. Extra Work shall be defined as "scheduled" or "nonscheduled" repairs and/or services resulting from any part of a traffic signal system that is damaged by collision, acts of God, malicious mischief, vandalism, or normal deterioration due to the passage of time, excepting any damage resulting from the negligence of the CONTRACTOR, that are determined by the CONTRACT ADMINISTRATOR to be outside the scope of ROUTINE REPAIRS OR ROUTINE MAINTENANCE services. Work performed as "EXTRA WORK" will be within the time agreed upon by both parties at the time work is assigned. Work not completed within this mutually agreed schedule may be assessed liquidated damages. The CONTRACT ADMINISTRATOR may request that the CONTRACTOR respond to the scene of collisions at signalized intersections in order to verify proper signal operation. In this case, the CONTRACTOR shall perform a review of the traffic signal facility including a thorough inspection of all equipment for physical damage or equipment malfunction. CONTRACTOR shall also observe traffic movement and verify normal signal operation. CONTRACTOR shall then submit, in writing, a report summarizing the results of the inspection to the CONTRACT ADMINISTRATOR or appointed designee within 48 hours of the incident. SPECIAL PROJECTS may include, but are not limited to routine repair or maintenance tasks including systematic re-lamping of traffic signals, pedestrian heads, or ISNS units. SPECIAL PROJECTS may also include scheduled REPAIRS caused by vehicle accidents, acts of god, or other unforeseen traffic signal work. Any SPECIAL PROJECTS 33 City Attorney Approved Version 8/13/15 TRAN1333 requested by the City that can be scheduled to during normal working hours will be scheduled at a mutually agreed upon time. 22.03 Parts. The CITY reserves the right to provide the CONTRACTOR with parts needed to perform Extra Work. 23.00 CONTRACTOR'S EQUIPMENT 23.01 Contractor's Equipment Used in Performance of Contract. The machinery and equipment used by the CONTRACTOR in the furtherance of this agreement shall be modern, clean, and maintained in proper working condition at all times consistent with current standards of the industry and subject to the approval of the CONTRACT ADMINISTRATOR or approved designee. All equipment shall be clearly marked with the CONTRACTOR'S name, contractor's license number and shall have the words "Under Contract to the City of Carlsbad" attached to each unit in service. When requested by the CONTRACT ADMINISTRATOR or approved designee, the CONTRACTOR shall supply the City with a list of the equipment being used in furtherance of this agreement including its make, model, date of manufacture, and any other information deemed pertinent. All equipment shall be made available for inspection after 24 hours notification to the CONTRACTOR. All vehicles used to perform maintenance duties during normal service hours will have aerial capabilities. 23.02 City Provided Equipment. The CONTRACTOR will be issued a handheld EVP emitter and emitter testing unit for the purpose of better maintaining the City's emergency vehicle preemption system. This, and any other diagnostic equipment provided to the CONTRACTOR, will remain the property of the City of Carlsbad and must be returned to the CONTRACT ADMINISTRATOR or approved designee upon termination of this agreement. 24.00 RECORDS MAINTENANCE 24.01 Records Maintenance. The CONTRACTOR shall maintain at his/her place of business a record of all service calls or work performed upon the signal equipment including date, location, times in and out, costs for equipment and materials used, parts and supplies used, and the names of all persons who performed work. Each time work is performed at an intersection, including routine repairs and maintenance, the CONTRACTOR will update the record book within the cabinet. The CONTRACTOR will maintain accurate timing information sheets within the controller cabinet at each signalized intersection. The CONTRACTOR will provide copies of these sheets upon request of the CONTRACT ADMINISTRATOR or approved designee. 25.00 PARTS AND MATERIALS 25.01 Parts and Materials. All materials used by the CONTRACTOR in the furtherance of this agreement shall be in accordance with Caltrans specifications, City of Carlsbad specifications and shall be approved by the CONTRACT ADMINISTRATOR or approved designee. 34 City Attorney Approved Version 8/13/15 EXHIBIT "B" Page 2 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITLE 3. Electrician I Traffic Signal Electrician (IMSA II) 4. Electrician II Traffic Signal Electrician (IMSA II) 5. Gerald Ritch Shefke Traffic Signal Electrician (IMSA II) 6. Robert Asuncion 7. James King VP of Field Operations B. MINIMUM QUALIFICATIONS Electrician I has been a traffic signal electrician since 2007. He is currently an IMSA Level II Field Traffic Signal Electrician and is currently working towards a Level Ill certification. He has experience with multiple controller systems, CCTV, video detection, EVP, and other ancillary systems similar to what Carlsbad maintains. Electrician II has been a traffic signal electrician since 2006. He is currently an IMSA Level II Field Traffic Signal Electrician. He has experience working with City of Carlsbad performing traffic signal maintenance for several years. Gerald Ritch Shefke has been an electrician for over 22 years -13 years of which was specifically as a traffic signal technician. Ritch brings inside wireman experience which an asset when it comes to the unique non-traffic signal and streetlight work that often times arises. Ritch is a Level II IMSA Field Electrician and used to live in the Carlsbad and Poway area. Ritch currently is an electrician out of our Sacramento office and has shown interest in relocating to the Carlsbad area upon start of contract. Robert Asuncion is one of three owners for BES and is the subject matter expert. Robert has spent his entire career in the traffic signal industry and has been in the traffic signal and streetlight industry for over 15 years. Starting out his career as a Traffic Engineer in the public sector, Robert has sat on the "other side" of the table when it comes to working with traffic signal and street light maintenance contractors. Robert is not only a licensed Professional Engineer in Traffic Engineering but also a Level Ill IMSA Field Electrician & Level II IMSA Bench Electrician, and Class A general Engineering Contractor License holder. Robert's role will be to support proposal generation/reporting, on-call consulting, and quality control for your city. Robert will be commuting to Carlsbad on a regular basis to ensure service levels are at the proper levels. James has been in the traffic signal and streetlight industry for over 15 years. James is currently our responsible managing employee who carries our Electrical C-10 and Work Zone Traffic Control C-31 contractor license. James is currently a Level Ill Field and Level Ill Bench Electrician. James will serve as field quality control and will be commuting to Carlsbad occasionally to provide support as well as training for field personnel (and customers). TRAN1333 C. TOTAL ANNUAL HOURS 36 City Attorney Approved Version 8/13/15 TRAN1333 SIG# I MAIN STREET I CROSS STREET I OTHER STREET 124 Breakwater Rd Carlsbad Blvd 161 Bressi Ranch Wy El Fuerte St 20 Cadencia St La Costa Av 154 Calle Acervo Camino de los Coches 21 Calle Barcelona El Camino Real 142 Calle Barcelona Forum Main (West) Entrance 148 Calle Barcelona PaseoAiiso 186 Calle Barcelona Paseo Avellano 22 Calle Barcelona Rancho Santa Fe Rd 141 Calle Barcelona Woodfern Ln 163 Calle Timiteo Camino de los Coches 23 Camino Alvaro Rancho Santa Fe Rd Olivenhain Rd 24 Camino de las Ondas Paseo del Norte 25 Camino de los Coches Rancho Santa Fe Rd 26 Camino de los Coches Stagecoach Park Maverick Wy 150 Camino Junipero Rancho Santa Fe Rd 27 Camino Vida Roble El Camino Real 28 Camino Vida Roble Palomar Airport Rd 146 Cannon Rd Car Country Dr 29 Cannon Rd Carlsbad Blvd 214 Cannon Rd College Blvd 110 Cannon Rd El Camino Real 138 Cannon Rd Faraday Av 139 Cannon Rd Frost Av 179 Cannon Rd Grand Pacific Dr 144 Cannon Rd Hemingway Dr 188 Cannon Rd Hilltop St 30 Cannon Rd Legoland Dr 31 Cannon Rd Paseo del Norte 187 Cannon Rd Wind Trail Wy 182 Car Country Dr Paseo del Norte 32 Carlsbad Blvd Carlsbad Village Dr 33 Carlsbad Blvd Cerezo Dr 34 Carlsbad Blvd Grand Av 35 Carlsbad Blvd Island Wy 36 Carlsbad Blvd Pine Av 37 Carlsbad Blvd Poinsettia Ln 125 Carlsbad Blvd Ponto Rd 38 Carlsbad Blvd Solamar Dr 39 Carlsbad Blvd Tamarack Av 155 Carlsbad Village Dr Chatham Rd 149 Carlsbad Village Dr College Blvd 40 Carlsbad VillaQe Dr Concord St 40 City Attorney Approved Version 8/13/15 TRAN1333 SIG# I MAIN STREET 1 CROSS STREET I OTHER STREET 120 Carlsbad Village Dr Donna Dr 41 Carlsbad Village Dr El Camino Real 157 Carlsbad Village Dr Glasgow Dr 42 Carlsbad Village Dr Harding St 43 Carlsbad Village Dr Highland Dr 44 Carlsbad Village Dr Jefferson St 45 Carlsbad Village Dr Madison St 46 Carlsbad Village Dr Monroe St 47 Carlsbad Village Dr Pio Pico Dr 130 Carlsbad Village Dr Pontiac Dr 48 Carlsbad Village Dr Roosevelt St 49 Carlsbad Village Dr State St 113 Carlsbad Village Dr TamarackAv 122 Carlsbad Village Dr Valley St 112 Carrillo Wy Melrose Dr 50 Cassia Dr El Camino Real 51 Chestnut Av El Camino Real 52 Chestnut Av Monroe St 53 Cinema Wy Marron Rd 54 College Blvd El Camino Real 55 College Blvd Faraday Av 168 College Blvd lnletWy Red Bluff Rd 167 College Blvd Rift Rd Richfield 193 College Blvd SalkAv 152 College Blvd Tamarack Av North 135 College Blvd Tamarack Av South 126 Company Stores Paseo del Norte 162 Corintia St El Fuerte St 57 Costa del Mar Rd El Camino Real 145 Crystaline Dr Poinsettia Ln 58 Dove Ln El Camino Real 59 El Camino Real Faraday Av 218 El Camino Real Gateway Rd 60 El Camino Real Hosp Wy Rancho Carlsbad 67 El Camino Real Jackspar Dr Dr 61 El Camino Real Kelly Dr 62 El Camino Real La Costa Av 119 El Camino Real La Costa Town Center 63 El Camino Real Levante St 64 El Camino Real Marron Rd 65 El Camino Real Palomar Airport Rd 66 El Camino Real Plaza Dr 41 City Attorney Approved Version 8/13/15 TRAN1333 SIG# I MAIN STREET I CROSS STREET l OTHER STREET 134 El Camino Real Poinsettia Ln 68 El Camino Real TamarackAv 94 El Camino Real Town Garden Rd 175 El Fuerte St Faraday Av 164 El Fuerte St Gateway Rd 165 El Fuerte St Greenhaven Dr 215 El Fuerte St Loker Av 217 El Fuerte St Pacific Ridge Elementary 69 El Fuerte St Palomar Airport Rd 159 El Fuerte St Poinsettia Ln 180 Estrella de Mar Poinsettia Ln 174 Faraday Av Orion St 173 Faraday Av Priestly Dr 191 Faraday Av Rutherford Rd 123 Faraday Av Van Allen Wy 177 Faraday Av Whiptail Loop East 176 Faraday Av Whiptail Loop West 185 Fire Station #6 Rancho Santa Fe Rd 70 Grand Av Jefferson St 71 Grand Av Roosevelt St 72 Grand Av State St 73 Hidden Valley Rd Palomar Airport Rd The Crossings Dr 171 Innovation Wy Palomar Airport Rd Loker West 74 Jefferson St Laguna Dr 75 Jefferson St Las Flores Dr 76 Jefferson St Marron Rd 77 Jefferson St TamarackAv 143 La Costa Av La Costa Town Center 78 La Costa Av Rancho Santa Fe Rd 79 La Costa Av Romeria St 93 La Costa Av Saxony Rd 80 La Costa Av Viejo Castilla Wy 219 La Costa Av Via Montebello 172 Lionshead Av Melrose Dr 81 Marron Rd Monroe St 82 Melrose Dr Palomar Airport Rd 92 Melrose Dr Poinsettia Ln 111 Melrose Dr Rancho Bravado 194 Melrose Dr Via Patron 169 Mica Rd Poinsettia Ln 183 OMWD Driveway Rancho Santa Fe Rd 216 Palomar Airport Rd Palomar Commons 84 Palomar Airport Rd Palomar Oaks Wy 42 City Attorney Approved Version 8/13/15 p E D E s T R I A N TRAN1333 (continued) "Appendix D" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES INSPECTION CHECKLIST (CONT'D) DATE INSPECTED M ALL OK 0 N DIRECTION T FAILURE H I ACTION* I DATE OF ACTION PERFORMED BY COMMENTS CONTRACTOR Check head visibility & clear/report as needed Check-sign on mast arm condition Check head alignment Check backboard & visor Verify indication operation Check pole & base condition Remove graffiti Check mast arm & framework condition Check Opticom hardware Verify terminal & pole cover plate security Check pull box & cover condition Check electric service condition * 1 = Repairs completed by Contractor per maintenance agreement 2 = Repairs completed by Contractor at City's request -incident number assigned 3 = Referred to City for repair 45 City Attorney Approved Version 8/13/15 I