HomeMy WebLinkAbout2020-01-28; City Council; Resolution 2020-020RESOLUTION 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
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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".
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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,
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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.
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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.
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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
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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.
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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.
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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
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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
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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