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Home My WebLink AboutBear Electrical Solutions Inc; 2015-11-18; TRAN1333TRAN1333 City Attorney Approved Version 8/13/15 AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES BEAR ELECTRICAL SOLUTIONS, INC. This Amendment No. 5 is entered into and effective as of the _______ day of ___________________________, 2019, extending and amending the agreement dated November 18, 2015, (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Bear Electrical Solutions, Inc., a California corporation (“Contractor") (collectively, the “Parties”) for Traffic Signal Maintenance Services. RECITALS A. On May 3, 2016, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement’s Exhibit “B” Contractor’s Work Force to add two Level III Technicians; and B. On June 9, 2016, the Parties executed Amendment No. 2 to the Agreement to increase the unit cost item No. A-2 from $115 to $129; and C. On September 19, 2016, the Parties executed Amendment No. 3 to the Agreement to alter the scope of work to include Traffic Signal Mark-Outs, and negotiated and agreed to a supplemental scope of work and fee schedule for the annual Agreement to a not to exceed amount of one million two hundred ninety-nine thousand seven hundred seventy-seven dollars and eighty- three cents ($1,299,777.83); and D. On July 1, 2017, the Parties executed Amendment No. 4 to the Agreement to alter the scope of work to define maintenance activities, remove references to repair activities, adjust estimated quantities of work on Schedules “B” and “C”, and provide the compensation increase of two percent (2%) in accordance with the current CPI as allowed per section 6 of this Agreement and extended the Agreement for a two (2) year period; and E. The Parties desire to alter the Agreement’s scope of work to add Battery Back-Up Routine Maintenance and CMU Testing (Annual); installation of Accessible Pedestrians Signals (APS); Traffic Control for Stationary Operations; hire a High Voltage Licensed Electrician; use “Clear-Lens” type LED Modules as burn-outs occur; and F. The Parties desire to extend the Agreement for a period of two (2) years to allow a two-point six percent (2.6%) CPI increase and to fund the Agreement not to exceed one million six hundred ninety-six thousand seven hundred sixty-one dollars and twenty cents ($1,696,761.20) for the Agreement term; and G. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by reference as Exhibit “1”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "1" at the DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 29th May TRAN1333 City Attorney Approved Version 8/13/15 unit rates detailed in Exhibit “1”. With this Amendment, the total annual Agreement amount shall not exceed eight hundred forty-eight thousand three hundred eighty dollars and sixty cents ($848,380.60) which equates to the total two-year term amount of one million six hundred ninety- six thousand seven hundred seventy-one dollars and twenty cents ($1,696,761.20). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2.Contractor will complete work described in Exhibit “A” by June 28, 2021. 3.All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect. 4.All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 TRAN1333 City Attorney Approved Version 8/13/15 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms of the conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California BEAR ELECTRICAL SOLUTIONS, INC., a California corporation By: By: (sign here) Scott Chadwick, City Manager Robert Asuncion / Vice President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Andrew Bader / CFO (print name/title) 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 Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 1341 ARCHER STREET PO BOX 924 ALVISO, CA 95002 (408) 449-5178 MAIN 1(800)GOBEAR1 24-HOUR DISPATCH (408) 449-5147 FAX WWW.BEAR-ELECTRICAL.COM April 1, 2019 City of Carlsbad – Public Works Dept, Traffic & Mobility Division Attn: Doug Bilse, T.E. – Senior Engineer 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: Request to Amend and Extend the Agreement for Traffic Signal Maintenance Services for Bear Electrical Solutions, Inc. – Agreement No. TRAN1333 Dear Doug: Reference is made to our current contract to perform traffic signal maintenance services for the City of Carlsbad – Contract No. TRAN1333. Bear Electrical Solutions, Inc. is grateful to work with the City and its community since November 18, 2015 and wishes to continue that relationship. We respectfully request to amend and extend the aforementioned contract for another two (2) year term as afforded in Section 3 -Terms of the contract. Moreover, we kindly request the following amendments to Exhibit 1 – Scope of Services and Fees: Amendment Request No. 1 – Unit cost adjustment of +2.6% for all items in Exhibit 1. Attached is a copy of the most recent news release from the Bureau of Labor Statistics for the San Diego Area dated February, 13, 2019 that reports a 2.6% increase to the consumer price index (CPI) compared to last year. This CPI increase has been incorporated to the attached proposed exhibit. Amendment Request No. 2 – Addition of a new category regarding personnel for Exhibit 1 – Bid Schedule “B” & “C” to be compliant with California Legislation AB 1719 and California Department of Industrial Relations Labor Code Section 108; High Voltage Licensed Electrician with truck- $146 per hour (Regular) & $200 per hour (Overtime). The addition of this category has been incorporated to the attached proposed exhibit. Amendment Request No. 3 – City Traffic Division has recently specifically requested the use of “clear- lens” type LED modules as burn-outs occur. A new line item category has been added to Bid Schedule A 2.1 and 2.11 for this specific item. Amendment Request No. 4 – Addition of a new category regarding traffic control for Exhibit 1 – Bid Schedule “A” & “C”. For the sake of public safety and increased safety for our field workers, the need for more traffic control has been warranted due to increased volume of vehicles, bicyclists, and pedestrians in the area. TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 Per Chapter 8 “Protection of Workers” of the Caltrans Maintenance Manual - Short Duration Operation is considered to be work that can be performed under 20 minutes or less without interfering with traffic and placing the field employee in jeopardy. Several work elements such as Items A-2 “Provide and Install LED Signal Light (Burnout) and A-12 “Video Detection Camera Service” is priced as a Short Duration Operation. We would like to add a new category “Traffic Control for Stationary Operations” per hour to Exhibit A to account for instances where additional attention to traffic control is required for safety sake. Amendment Request No. 5 – Addition of a new category regarding Battery Back-up Routine Maintenance and CMU Testing (Annual) for Exhibit 1 – Bid Schedule “A” due to the recent installation of new BBS equipment in the field. Amendment Request No. 6 – Addition of a new category regarding installation of Accessible Pedestrian Signals (APS) for Exhibit 1 – Bid Schedule “D” per the request of the City. Again, we are extremely grateful for the opportunity to work with the city of Carlsbad and City staff and look forward to another contract term. Please feel free to contact me directly via mobile phone at 408-717-2448 or via email at Robert@Bear- Electrical.com Sincerely, Robert Asuncion, TE Vice President Attachments TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 Item No. Description Estimated Quantity and Units* Unit Price Annual Total A-1 Perform Routine Quarterly Traffic Signal Inspection and Routine Maintenance 720 $ 62.79 $ 45,209.66 A-2 Provide and Install LED Signal Light (Burnout)250 $ 135.00 $ 33,750.27 A-2.1 Provide and Install LED Signal Light (Burnout) - Clear Lens 0 $ 150.00 A-2.11 Provide and Install LED Signal Light (Burnout) - Clear Lens (3 ea or more) 0 $ 130.00 A-3 ISNS Re-lamping (REMOVED)0 not applicable not applicable A-4 Provide and install LED Pedestrian Countdown Head 51 $ 261.63 $ 13,343.13 A-5 Perform Red Flash Signal Reset 9 $ 73.26 $ 659.31 A-6 Perform Function/Detection/Cycling Test 3 $ 99.42 $ 298.26 A-7 Remove and Replace UPS Batteries (Per Signal)50 $ 1,072.68 $ 53,634.15 A-8 Pedestrian Push Button Replacement 28 $ 120.35 $ 3,369.79 A-9 Loop Set Testing 10 $ 109.88 $ 1,098.85 A-10 Loop Replacement Type D 10 $ 439.54 $ 4,395.38 A-11 Loop Replacement Type E 50 $ 392.45 $ 19,622.25 A-12 Video Detection Camera Service (Semi Annual)720 $ 52.33 $ 37,674.72 A-13 Cabinet Filter Replacement (Semi Annual)360 $ 5.23 $ 1,883.74 A-14 Amber School Flasher Reprogramming 16 $ 99.42 $ 1,590.71 A-15 Head Cleaning and Mast Arm Inspection (Annual)180 $ 153.80 $ 27,683.53 A-16 Conflict Monitor Testing (Annual)180 $ 52.33 $ 9,418.68 A-17 Adjust Signal Timing 5 $ 52.33 $ 261.63 A-18 PM with BBS and CMU/MMU Testing (Annual) $ 161.25 $ - $ 253,894.06 Total Annual Cost for Bid Schedule "A" EXHIBIT 1 SCOPE OF SERVICE AND FEES The matrix below describes items upon which the City requess a bid. The actual payments made to me 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/Unscheduled Maintenance Response Page 1 of 1 page 1 of 4 TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 Item No. Description Estimated Quantity and Units* Unit Price Annual Total B-1 IMSA Level III Certified Technician (if on staff) 1,350 $ 88.95 $ 120,088.17 B-1.1 High Voltage Licensed Electrician with Truck $ 146.00 B-1.2 Traffic Control for Stationary Operations (Regular Time) $ 125.00 B-2 IMSA Level II Certified Technician 1,350 $ 73.26 $ 98,896.14 B-3 General Laborer 250 $ 47.09 $ 11,773.35 B-4 Aerial Truck 2,700 $ 26.16 $ 70,640.10 B-5 Service Truck 100 $ 15.70 $ 1,569.78 B-6 Compressor 60 $ 5.23 $ 313.96 B-7 Parts $ 190,000.00 15% X $190,000=$28,500.00 Contractor Parts Markup % $ 218,500.00 $ 521,781.50 Bid Schedule "B" Annual Routine Maintenance/Unscheduled Maintenance Response Page 1 of 1 Total Annual Cost for Bid Schedule "B" page 2 of 4 TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 Item No. Description Estimated Quantity and Units* Unit Price Annual Total C-1 IMSA Level III Certified Technician (if on staff)310 $ 125.58 $ 38,930.54 C-1.1 High Voltage Licensed Electrician with Truck $ 225.00 C-1.2 Traffic Control with Stationary Operations (Overtime) $ 200.00 C-2 IMSA Level II Certified Technician 310 $ 99.42 $ 30,820.01 C-3 General Laborer 30 $ 68.02 $ 2,040.71 C-4 Aerial Truck 620 $ 26.16 $ 16,221.06 C-5 Service Truck 85 $ 15.70 $ 1,334.31 C-6 Compressor 20 $ 5.23 $ 104.65 $ 89,451.30 Bid Schedule "C" Annual Routine Maintenance/Unscheduled Maintenance Response Page 1 of 1 Total Annual Cost for Bid Schedule "C" page 3 of 4 TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 Item No. Description Estimated Quantity and Units* Unit Price Annual Total D-1 Filter and Process USA's (NON-Field Mark 1 (Monthly) $ 5,200.00 $ 5,200.00 D-2 USA - Field Marking 1 (Per USA Ticket) $ 125.00 $ 125.00 D-3 Furnish and install BBS System $ 5,750.00 D-4 Furnish and install APS System (6) buttons $ 12,500.00 D-5 Furnish and install APS Button Only $ 850.00 D-6 BBS Testing 1 (Per Unit) $ 35.00 $ 35.00 Bid Schedule "D" Annual Routine Maintenance/Unscheduled Maintenance Response Page 1 of 1 * Estimate is based on historical experience and is for comparison purpose only. The acutal payments made ot the CONTRACTOR will be based on the CONTRACTOR's actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. In the event of errors in calculation, the correctly extended item will govern. This is a prevailing wage bid. Labor will be paid at prevailing wage. page 4 of 4 TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 WESTERN INFORMATION OFFICE: San Francisco, Calif. Technical information:(415) 625-2270 BLSinfoSF@bls.gov www.bls.gov/regions/west Media contact:(415) 625-2270 Consumer Price Index, San Diego Area – January 2019 Area prices were up 0.6 percent over the past two months, up 2.6 percent from a year ago Prices in the San Diego Area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), advanced 0.6 percent for the two months ending in January 2019, the U.S. Bureau of Labor Statistics reported today. (See table A.) Assistant Commissioner for Regional Operations Richard Holden noted that the January increase was influenced by higher prices for household furnishings and operations and food. (Data in this report are not seasonally adjusted. Accordingly, six-month-to-six-month changes may reflect seasonal influences.) Over the last 12 months, the CPI-U rose 2.6 percent. (See chart 1 and table A.) Energy prices advanced 0.8 percent, largely the result of an increase in the price of natural gas service. The index for all items less food and energy advanced 2.6 percent over the year. (See table 1.) Food Food prices advanced 2.3 percent for the two months ending in January. (See table 1.) Prices for food at home increased 3.2 percent, and prices for food away from home rose 1.4 percent for the same period. Over the year, food prices increased 3.6 percent. Prices for food away from home advanced 4.1 percent since a year ago, and prices for food at home rose 3.1 percent. Energy The energy index decreased 6.9 percent for the two months ending in January. The decrease was mainly due to lower prices for gasoline (-11.0 percent). Prices for electricity decreased 1.9 percent, but prices for natural gas service jumped 13.7 percent for the same period. Energy prices advanced 0.8 percent over the year, largely due to higher prices for natural gas service (19.7 percent). Prices paid for gasoline advanced 1.2 percent, but prices for electricity declined 3.4 percent during the past year. All items less food and energy The index for all items less food and energy advanced 1.0 percent in the latest two-month period. Higher prices for household furnishings and operations (6.2 percent), recreation (2.2 percent), and shelter (0.6 percent) were partially offset by lower prices for apparel (-3.9 percent) and education and communication (-0.9 percent). For Release: Wednesday, February 13, 2019 19-264-SAN TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 2 Over the year, the index for all items less food and energy advanced 2.6 percent. Components contributing to the increase included shelter (4.2 percent) and recreation (2.8 percent). Partly offsetting the increases were price declines in apparel (-5.3 percent) and household furnishings and operations (-0.7 percent). The March 2019 Consumer Price Index for the San Diego-Carlsbad area is scheduled to be released on April 10, 2019. Consumer Price Index Geographic Revision for 2018 In January 2018, BLS introduced a new geographic area sample for the Consumer Price Index (CPI). This index changed to a bimonthly publication schedule beginning in January, 2018. The first indexes using the new structure were published in February 2018. Additional information on the geographic revision is available at: www.bls.gov/cpi/additional-resources/geographic-revision-2018.htm. Historical data, including semiannual and annual averages, are available at: www.bls.gov/cpi/data.htm Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 89 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers 28 percent of the total population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 87 urban areas across the country from about 6,000 housing units and approximately 24,000 retail establishments--department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date (1982-84) that equals 100.0. An increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period "market basket" of goods and services in the CPI has risen from $10 in 1982-84 to $11.65. For further details see the CPI home page on the Internet at www.bls.gov/cpi and the BLS Handbook of Methods, Chapter 17, The Consumer Price Index, available on the Internet at www.bls.gov/opub/hom/homch17_a.htm. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 3 area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The San Diego-Carlsbad, CA metropolitan area covered in this release consists of San Diego County in the State of California. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: (202) 691-5200; Federal Relay Service: (800) 877-8339. TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 4 Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods San Diego-Carlsbad (1982-84=100 unless otherwise noted) Item and Group Indexes Percent change from- Nov. 2018 Dec. 2018 Jan. 2019 Jan. 2018 Nov. 2018 Dec. 2018 Expenditure category All items........................................................... 293.858 - 295.761 2.6 0.6 - All items (1967=100)....................................... 993.623 - 1,000.058 - - - Food and beverages .................................... 257.005 - 262.237 3.2 2.0 - Food ......................................................... 254.443 - 260.381 3.6 2.3 - Food at home....................................... 225.249 229.843 232.397 3.1 3.2 1.1 Cereals and bakery products ............... 257.840 - 269.215 7.3 4.4 - Meats, poultry, fish, and eggs............... 235.879 - 232.509 -0.8 -1.4 - Dairy and related products................... 179.372 - 188.070 6.8 4.8 - Fruits and vegetables........................... 253.383 - 270.303 3.4 6.7 - Nonalcoholic beverages and beverage materials(1).......................................... 247.684 - 263.099 7.5 6.2 - Other food at home .............................. 211.815 - 216.578 1.2 2.2 - Food away from home.............................. 293.072 - 297.098 4.1 1.4 - Food away from home.......................... 293.072 - 297.098 4.1 1.4 - Alcoholic beverages................................. 274.241 - 271.675 -0.2 -0.9 - Housing........................................................ 346.231 - 350.376 3.4 1.2 - Shelter...................................................... 395.941 395.739 398.303 4.2 0.6 0.6 Rent of primary residence(2)................ 393.609 391.013 392.456 4.5 -0.3 0.4 Owners' equiv. rent of residences(2).... 417.955 418.538 421.086 4.5 0.7 0.6 Owners' equiv. rent of primary residence(2)...................................... 417.955 418.538 421.086 4.5 0.7 0.6 Fuels and utilities...................................... 323.112 - 324.846 1.2 0.5 - Household energy ................................ 284.234 289.084 285.783 0.2 0.5 -1.1 Energy services................................. 279.931 285.032 281.786 0.2 0.7 -1.1 Electricity ....................................... 280.164 280.164 274.756 -3.4 -1.9 -1.9 Utility (piped) gas service .............. 192.062 213.128 218.325 19.7 13.7 2.4 Household furnishings and operations..... 180.542 - 191.780 -0.7 6.2 - Apparel......................................................... 162.786 - 156.372 -5.3 -3.9 - Transportation .............................................. 228.504 - 225.073 2.1 -1.5 - Private transportation ............................... 224.385 - 217.654 1.8 -3.0 - New and used motor vehicles(3).............. 105.703 - 108.316 1.8 2.5 - New vehicles(1).................................... 225.168 - 230.286 -0.7 2.3 - Used cars and trucks(1)....................... 231.290 - 232.300 1.3 0.4 - Motor fuel ............................................. 295.191 275.893 262.951 1.2 -10.9 -4.7 Gasoline (all types)............................ 295.142 275.690 262.624 1.2 -11.0 -4.7 Gasoline, unleaded regular(4)....... 306.502 285.984 272.390 1.2 -11.1 -4.8 Gasoline, unleaded midgrade(4) (5).................................................. 255.582 239.955 227.371 1.5 -11.0 -5.2 Gasoline, unleaded premium(4).... 297.635 279.504 266.769 1.0 -10.4 -4.6 Motor vehicle insurance(1)....................... 532.314 - 528.376 4.1 -0.7 - Medical care................................................. 478.475 - 482.773 - 0.9 - Recreation(3)................................................ 152.588 - 156.019 2.8 2.2 - Education and communication(3)................. 134.320 - 133.152 0.1 -0.9 - Tuition, other school fees, and child care(1)...................................................... 1,588.965 - 1,595.501 1.7 0.4 - Other goods and services ............................ 408.521 - 411.797 2.6 0.8 - Commodity and service group All items........................................................... 293.858 - 295.761 2.6 0.6 - Commodities ................................................ 201.779 - 201.667 0.5 -0.1 - Commodities less food & beverages........ 172.402 - 170.035 -1.2 -1.4 - Nondurables less food & beverages .... 207.754 - 198.444 -1.0 -4.5 - Durables............................................... 135.578 - 140.421 -1.4 3.6 - Note: See footnotes at end of table. TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 5 Footnotes (1) Indexes on a November 1977=100 base. (2) Indexes on a November 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. - Data not available NOTE: Index applies to a month as a whole, not to any specific date. Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods San Diego-Carlsbad (1982-84=100 unless otherwise noted) - Continued Item and Group Indexes Percent change from- Nov. 2018 Dec. 2018 Jan. 2019 Jan. 2018 Nov. 2018 Dec. 2018 Services........................................................ 375.220 - 378.971 3.6 1.0 - Special aggregate indexes All items less medical care.............................. 285.149 - 286.940 2.6 0.6 - All items less shelter........................................ 253.562 - 255.283 1.6 0.7 - Commodities less food.................................... 176.957 - 174.569 -1.1 -1.3 - Nondurables.................................................... 233.683 - 230.924 1.2 -1.2 - Nondurables less food..................................... 214.055 - 205.111 -0.9 -4.2 - Services less rent of shelter(2)........................ 369.413 - 375.015 2.9 1.5 - Services less medical care services................ 363.534 - 367.243 3.7 1.0 - Energy............................................................. 287.885 277.349 267.966 0.8 -6.9 -3.4 All items less energy ....................................... 296.854 - 300.381 2.7 1.2 - All items less food and energy ..................... 306.030 - 309.163 2.6 1.0 - TRAN1333 Exhibit "1" DocuSign Envelope ID: 762667D1-C15E-4569-BDFB-1F5ECE68B2A6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 1/28/2019 Woodruff-Sawyer &Co.50 California Street,Floor 12SanFranciscoCA94111 415-391-2141 415-989-9923 Hartford Underwriters Insurance Company 30104 BEARELE-01 Hartford Fire Insurance Company 19682BearElectricalSolutions,Inc.1341 Archer StreetAlvisoCA95002 Hartford Casualty Insurance Company 29424 627339721 A X 1,000,000 X 100,000 10,000 1,000,000 2,000,000 X Y 57UEAFN9382 2/1/2019 2/1/2020 2,000,000 B 1,000,000 X X X 57UEAFN9268 2/1/2019 2/1/2020 C X X 5,000,00057RHAFN93502/1/2019 2/1/2020 5,000,000 RE:Traffic Signal Maintenance &Repair Services.The City of Carlsbad,agents and employees,and volunteers are additional insured,wherein coverage isPrimaryandNon-Contributory.Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. 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you or the additional (3) Tenant Liability insured is a limited liability company;That is insurance purchased by you to (4)Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation;you or temporarily occupied by you with permission ofthe owner;(5)Any trustee, if you or the additional (4) Aircraft, Auto Or Watercraftinsured is a trust; or (6)Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury AndThis duty applies separately to you and any Property Damage Liability;additional insured. (5) Property Damage To Borrowed3. Legal Action Against Us Equipment Or Use Of ElevatorsNo person or organization has a right under this If the loss arises out of "property damage"Coverage Part:to borrowed equipment or the use ofa.To join us as a party or otherwise bring us elevators to the extent not subject tointo a "suit" asking for damages from an Exclusion j.of Section I - Coverage A -insured; or Bodily Injury And Property Damageb.To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with.(6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available to youagainst an insured; but we will not be liable for covering liability for damages arising outdamages that are not payable under the terms of of the premises or operations, or productsthis Coverage Part or that are in excess of the and completed operations, for which youapplicable limit of insurance. An agreed have been added as an additional insuredsettlement means a settlement and release of by that insurance; orliability signed by us, the insured and the (7) When You Add Others As Anclaimant or the claimant's legal representative. Additional Insured To This Insurance4. Other Insurance Any other insurance available to anIf other valid and collectible insurance is additional insured.available to the insured for a loss we cover under However, the following provisions apply toCoveragesAorBof this Coverage Part, our other insurance available to any person orobligations are limited as follows:organization who is an additional insureda. Primary Insurance under this coverage part. This insurance is primary except when b.(a) Primary Insurance When Requiredbelow applies. If other insurance is also By Contractprimary, we will share with all that other This insurance is primary if you haveinsurance by the method described in c.agreed in a written contract or writtenbelow.agreement that this insurance beb. Excess Insurance primary. If other insurance is also This insurance is excess over any of the other primary, we will share with all that insurance, whether primary, excess,other insurance by the method contingent or on any other basis:described in c.below. (1) Your Work (b)Primary And Non-Contributory To Other Insurance When Required ByThat is Fire, Extended Coverage, Builder's ContractRisk, Installation Risk or similar coverage for "your work";If you have agreed in a written contract, written agreement, or permit(2) Premises Rented To You that this insurance is primary and non-That is fire, lightning or explosion contributory with the additionalinsurance for premises rented to you or insured's own insurance, this insurancetemporarily occupied by you with is primary and we will not seekpermission ofthe owner;contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 Policy No. 57UEAFN9382 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES BEAR ELECTRICAL SOLUTIONS, INC. TRAN1333 This Amendment No. 4 is entered into and effective as of the 1st day of July, 2017, extending and amending the agreement dated November 18, 2015, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and BEAR ELECTRICAL SOLUTIONS, INC., ("Contractor") (collectively, the "Parties") for Traffic Signal Maintenance Services. RECITALS A. On May 3, 2016, the Parties executed Amendment No.1 to the Agreement to alter the Agreement's Exhibit "B" Contractor's Work Force to add two Level Ill Technicians; and B. On June 9, 2016, the Parties executed Amendment No. 2 to the Agreement to increase the unit cost of item No. A-2 from $115 to $129; and C. On September 19, 2016, the Parties executed Amendment No. 3 to the Agreement to alter to the scope of work to include Traffic Signal Mark-Outs, and negotiated and agreed to a supplemental scope of work and fee schedule for the annual Agreement to a not to exceed amount of one million two hundred ninety-nine thousand seven hundred seventy-seven dollars and eighty-three cents ($1,299,777.83); and D. The Parties desire to alter the Agreement's scope of work to define maintenance activities, remove references to repair activities, adjust estimated quantities of work on Schedules "B" and "C", and provide the compensation increase of two percent (2%) in accordance with the current CPI as allowed per Section 6 of this Agreement; and E. The Parties desire to extend the Agreement for a period of two years; and F. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "1", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "2" at the unit rates detailed in Exhibit "1". With this Amendment, the total annual Agreement amount shall not exceed eight hundred forty eight thousand three hundred eighty dollars and sixty cents ($848,380.60) which equates to the total two-year term amount of one million six hundred ninety- six thousand seven hundred seventy-one dollars and twenty cents ($1,696,761.20). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. Contractor will complete all work by June 30, 2019. 1 City Attorney Approved Version 8/13/15 TRAN1333 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 City Attorney Approved Version 8/13/15 TRAN1333 EXHIBIT 1 SCOPE OF SERVICE 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/Unscheduled Maintenance Response Page 1 of 2 Item Estimated No. Description Quantity and Unit Price Annual Total Units* Perfonn Routine Quarterly A-1. Traffic Signal Inspection 720 $61.20 $44,064.00 and Routine Maintenance Each Extended Amount A-2. Provide and Install LED 250 $131.58 ~32,895.00 Signal Light (Burnout) Each Extended Amount A-3. ISNS Re-lamping 0 N/A N/A (REMOVED) Provide and install LED A-4. Pedestrian Countdown 51 $255.00 ~13,005.00 Head Each Extended Amount A-5. Perfonn Red Flash Signal 9 $71.40 $642.60 Reset Each Extended Amount Perfonn A-6. Function/Detection/Cycling 3 $96.90 $290.70 Test Each Extended Amount A-7. Remove and Replace UPS 50 $1,045.50 ~19,125.00 Batteries (Per Signal) Each Extended Amount A-8. Pedestrian Push Button 28 $117.30 $3,284.40 Replacement Each Extended Amount 4 City Attorney Approved Version 8/13/15 TRAN1333 Bid Schedule "A" Annual Routine Maintenance/Unscheduled Maintenance Response Page 2 of 2 Item Estimated Annual Total No. Description Quantity and Unit Price Units* A-9. Loop Set Testing 10 $107.10 $1,071.00 Each Extended Amount A-10. Loop Replacement 10 $428.40 $4,284.00 TypeD Each Extended Amount A-11. Loop Replacement 50 $382.50 ~19,125.00 Type E Each Extended Amount Video Detection Camera A-12. Service 720 $51.00 ~36,720.00 (Semi Annual) Each Extended Amount A-13. Cabinet Filter Replacement 360 $5.10 $1,836.00 (Semi Annual) Each Extended Amount A-14. Amber School Flasher 16 $96.90 $1,550.40 Reprogramming Each Extended Amount Head Cleaning and Mast A-15. Arm Inspection 180 $147.90 ~26,622.00 (Annual} Each Extended Amount A-16. Conflict Monitor Testing 180 $51.00 $9,180.00 (Annual) Each Extended Amount A-17 Adjust Signal Timing 5 $51.00 $255.00 Each Extended Amount Total Annual Cost for Bid Schedule "A" 12~.lUIMU 5 City Attorney Approved Version 8/13/15 TRAN1333 Bid Schedule "B" Annual Regular Hours Unscheduled Maintenance Response Page 1 of 1 Item Description Estimated Unit Price Annual Total No. Quantity and Units* B-1. IMSA Level Ill 1,350 $86.70 ~117,045.00 Certified Technician (Per Hour) Extended Amount (if on staff) B-2. IMSA Level II $71.40 ~96,390.00 Certified Technician 1,350 (Per Hour) Extended Amount B-3. General Laborer 250 $45.90 ~11,475.00 (Per Hour) Extended Amount B-4. Aerial Truck 2,700 $25.50 ~68,850.00 (Per Hour) Extended Amount B-5. Service Truck 100 $15.30 $1,530.00 (Per Hour) Extended Amount B-6. Compressor 60 $5.10 $306.00 (Per Hour) Extended Amount ~218,500.00 = 8-7. Parts %15 X $190,000 = $28,500.00 $190,000.00+ $190,000 Contractor Parts Markup % Parts Markup in Dollars Total Annual Cost for Bid Schedule "B" S5j~,QD6,QQ 6 City Attorney Approved Version 8/13/15 TRAN1333 Bid Schedule "C" Annual After Regular Hours Unscheduled Maintenance Response Page 1 of 1 Item Description Estimated Unit Price Annual Total No. Quantity and Units* C-1 . IMSA Level Ill 310 $122.40 ~37,944.00 Certified Technician (Per Hour) Extended Amount (if on staff) C-2. IMSA Level II 310 $96.90 ~30,039.00 Certified Technician (Per Hour) Extended Amount C-3. General Laborer 30 $66.30 $1,989.00 (Per Hour) Extended Amount C-4. Aerial Truck $25.50 ~15,518.00 620 (Per Hour) Extended Amount C-5. Service Truck 85 $15.30 $1,300.50 (Per Hour) Extended Amount C-6. Compressor 20 $5.10 $102.00 (Per Hour) Extended Amount Total Annual Cost for Bid Schedule "C" IBZ.l~.~~~ *Estimate is based on historical experience and is for comparison purposes only. The actual payments made to the CONTRACTOR will be based on the CONTRACTOR's actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. In the event of errors in calculation, the correctly extended bid item total will govern. This is a prevailing wage bid. Labor will be paid at prevailing wage. 7 City Attorney Approved Version 8/13/15 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. 9 City Attorney Approved Version 8/13/15 TRAN1333 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 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. 10 City Attorney Approved Version 8/13/15 TRAN1333 PART I GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "AFTER REGULAR HOURS" -Work Performed by the CONTRACTOR on Saturday, Sunday, City of Carlsbad Holidays, or hours outside of REGULAR HOURS. B. "BID ITEM" -Individual items of work in the CONTRACTOR'S bid at an agreed price for the work. C. "CITY"-The CITY of Carlsbad. D. "CITY MANAGER" -The fully appointed CITY MANAGER of the CITY or his authorized representative. E. "CONTRACT ADMINISTRATOR"-The PUBLIC WORKS DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. F. "CONTRACTOR" -The managing individual of the contracting entity or his authorized employees or representatives. G. "EXTRA WORK"-Work Tasks authorized by the CONTRACT ADMINISTRATOR that are not included in ROUTINE MAINTENANCE/UNSCHEDULED MAINTENANCE RESPONSE (Bid Schedule "A"). H. "FULLY OPERATIONAL" -In a condition to undertake the function to adequately perform as a traffic signal. I. "INSPECTOR" The CITY'S/CONTRACT ADMINISTRATOR'S field representative for work performed by the CONTRACTOR. J. "PERIODIC INSPECTION"-Routinely scheduled or randomly noticed inspection or audit conducted by CITY. K. "PUBLIC WORKS DIRECTOR" -The official designated as the Public Works Director of CITY, or any of his authorized representatives. 11 City Attorney Approved Version 8/13/15 TRAN1333 L. "REGULAR HOURS"-Normal business hours are hours between 7:00AM and 5:00PM Monday through Friday excluding City of Carlsbad holidays. M. "UNSCHEDULED MAINTENANCE RESPONSE" REGULAR HOUR UNSCHEDULED MAINTENANCE RESPONSE and AFTER REGULAR HOURS UNSCHEDULED MAINTENANCE RESPONSE includes work required to maintain the serviceability of traffic signal equipment specified under this agreement that are outside the scope of the ROUTINE MAINTENANCE/UNSCHEDULED MAINTENANCE RESPONSE bid schedule, but still related to routine, reoccurring and work for the preservation of the traffic signal systems. REGULAR HOUR UNSCHEDULED MAINTENANCE RESPONSE occur during REGULAR HOURS and AFTER REGULAR HOURS UNSCHEDULED MAINTENANCE RESPONSE is 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. N. "ROUTINE MAINTENANCE/UNSCHEDULED MAINTENANCE RESPONSE" - Work specified in the ROUTINE MAINTENANCE/UNSCHEDULED MAINTENANCE RESPONSE schedule of this agreement (Bid Schedule "A", that consist of work performed by the Contractor at a fixed price cost during "REGULAR HOURS". 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/UNSCHEDULED MAINTENANCE RESPONSE 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 unscheduled maintenance response shall be performed in accordance with accepted standards for traffic signal maintenance and unscheduled maintenance response to the satisfaction of the CONTRACT 12 City Attorney Approved Version 8/13/15 TRAN1333 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 unscheduled maintenance response and routine maintenance logs listing all work performed under this agreement. These Logs shall be submitted or shall be available via website to the CONTRACT ADMINSTRATOR 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 CONTRACTOR'S payments if maintenance and unscheduled maintenance response 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 the time specified within this agreement. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. Call-out response time during normal service hours shall not exceed thirty (30) minutes. In cases where delays are anticipated to exceed thirty (30) minutes, CONTRACTOR shall notify the City immediately with an estimated time of arrival. In no case shall initial response time exceed one (1) hour. A greater response time may result in assessment of liquidated damages. 1.7 The CONTRACTOR shall prepare and submit an annual schedule for ROUTINE MAINTENANCE to the CONTRACT ADMINISTRATOR for approval. The ROUTINE MAINTENANCE schedule shall be adhered to by CONTRACTOR unless deviation from the approved schedule is authorized by the CONTRACT ADMINISTRATOR. 1.8 CONTRACTOR will provide service twenty-four (24) hours per day for the servicing of all equipment covered by this agreement. An IMSAITSA Level II or higher technician will respond immediately upon notification in a vehicle with aerial capabilities. This vehicle shall be equipped with equipment and materials necessary to restore safe operation of the intersection. If the CONTRACTOR is contacted after normal working hours and determines that aerial capabilities are not necessary based on the information provided, initial response may be made in a service vehicle. However, if the CONTRACTOR opts to respond in a service vehicle and aerial capabilities are required, the City will not pay any costs associated with retrieval of an aerial vehicle. 13 City Attorney Approved Version 8/13/15 TRAN1333 2.00 TRAFFIC SIGNAL EQUIPMENT TO BE MAl NT AI NED 2.01 The service areas and frequencies of service under the prov1s1ons of this CONTRACT are detailed in the CONTRACTOR's Proposed Cost of Services Chart and include a minimum of 175 signalized intersections located in the CITY. 2.02 The detailed ROUTINE MAINTENANCE requirements and equipment list requiring service under the provisions of this CONTRACT are detailed in Appendix "D". 2.03 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 The CONTRACTOR'S monthly invoices for ROUTINE MAINTENANCE and ROUTINE MAINTENANCE/UNSCHEDULED MAINTENANCE RESPONSE shall be prepared and submitted in an electronic format. They shall clearly indicate the Purchase Order number, unit price, total work performed and correctly extended totals for each individual BID ITEM or separate item of work. An invoice format shall be submitted to the CONTRACT ADMINISTRATOR for approval. CONTRACTOR shall submit a fully itemized monthly bill to the CONTRACT ADMINISTRATOR or his authorized representative. 3.03 Separate invoices for approved NORMAL HOURS UNSCHEDULED MAINTENANCE RESPONSES AND AFTER HOURS UNSCHEDULED MAINTENANCE RESPONSES shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR. They shall include 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 UNSCHEDULED MAINTENANCE RESPONSE or AFTER HOURS UNSCHEDULED MAINTENANCE RESPONSE. 14 City Attorney Approved Version 8/13/15 TRAN1333 3.05 All CONTRACTOR invoices must contain the following: 1 . intersection description/name 2. intersection number 3. authorizing party/caller 4. CITY service request and/or work order number 5. time call is received 6. description of complaint 7. call summary code 8. time of arrival 9. corrective measures taken 10. materials used and associated material costs 11. status upon departure 12. time of departure 13. unique invoice number 14. incident number 3.04 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. The portion affected by the change may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. 3.05 The CONTRACT ADMINISTRATOR may, at his discretion, add new traffic signals 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 an extension of existing bid prices or in the case of traffic signal that is substantially different than other signals, a negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced in writing. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with 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 15 City Attorney Approved Version 8/13/15 TRAN1333 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 "8". The CITY is required to inspect a minimum of ten (10) intersections per calendar 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. 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. 16 City Attorney Approved Version 8/13/15 TRAN1333 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. 17 City Attorney Approved Version 8/13/15 TRAN1333 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 region area code. For hours beyond a normal 7 AM to 4 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. This phone number will be made available to all persons designated by the CITY. 8.02 All requests for services after normal working hours shall require a qualified technician to be dispatched to, and to arrive, at the required location as soon as possible or within one (1) hour of notification to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency service request is not responded to in one (1) hour, 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. In no case shall initial response time exceed two (2) hours. A greater response time may result in assessment of liquidated damages. 8.03 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. 8.04 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 complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.05 CONTRACTOR'S supervisor shall carry cellular telephones with a local San Diego region area code. Supervisor shall respond to any call from the CITY within thirty (30) minutes at any time. 9.00 SAFETY 9.01 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 duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, CONTRACTORs, members of the public or others from foreseeable injury, or damage to their property. 18 City Attorney Approved Version 8/13/15 TRAN1333 CONTRACTOR shall make annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. 9.02 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. 10.00 HOURS AND DAYS OF SERVICES 10.01 The acceptable daily hours of ROUTINE MAINTENANCE/UNSCHEDULED MAINTENANCE RESPONSE shall be 7:00am to 4:00 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 7:00 am to 4:00 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. 19 City Attorney Approved Version 8/13/15 TRAN1333 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 may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working. 12.04 CONTRACTOR shall use only Level II or higher IMSA certified technicians to service, maintain, and access to traffic signal devices within the confines of controller cabinet. Skilled laborers may make hardware repairs under the direct supervision of the Level II technician. No work will occur at any signalized intersection under this CONTRACT without a Level II or higher technician present at all times unless otherwise previously approved in writing by the CONTRACT ADMINISTRATOR or appointed designee. CONTRACTOR will provide a minimum of two (2) IMSA/TSA Level II or higher technicians to perform routine maintenance inspections and complete associated work during normal service hours for approval by the CONTRACT ADMINISTRATOR. CONTRACTOR will provide additional staff as needed for call- out response and troubleshooting services. 12.05 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, 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; and for directing, scheduling, and coordinating all services and functions to completely accomplish the work as 20 City Attorney Approved Version 8/13/15 TRAN1333 required by this CONTRACT. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7:00 a.m. to 5:00 p.m., Monday through Friday excluding City holidays). 12.06 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks and understand 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. 12.07 The CONTRACT ADMINISTRATOR may, at any time, give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of 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 the public patronizing the premises. 12.08 The CONTRACT ADMINISTRATOR may, at any time, order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or 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. 21 City Attorney Approved Version 8/13/15 TRAN1333 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". 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. 22 City Attorney Approved Version 8/13/15 PART II TECHNICAL SPECIFICATIONS 19.00 DUTIES OF THE CONTRACTOR I GENERAL TRAN1333 19.01 All work performed under this CONTRACT is will be categorized as 1) ROUTINE MAINTENANCE/UNSCHEDULED MAINTENANCE RESPONSE, 2) REGULAR HOURS UNSCHEDULED MAINTENANCE RESPONSE, 3) AFTER REGULAR HOURS UNSCHEDULED MAINTENANCE RESPONSE 19.02 The maintenance of all components within the confines of the cabinet (i.e. detectors, load switches, etc.) shall be the responsibility of the CONTRACTOR and shall be inspected quarterly, or as otherwise specified, for proper function. When a component must be removed from the intersection for repair, a like component will be provided and installed by the CONTRACTOR in place of the component requiring repairs. All repairs shall be the responsibility of the CONTRACTOR and the component shall be returned immediately upon completion of the repairs. 19.03 If, in the opinion of the CONTRACTOR, any controller mechanism has become obsolete or deteriorated beyond the point of repair, the CONTRACTOR shall notify the CONTRACT ADMINISTRATOR and demonstrate or otherwise provide evidence that replacement is necessary. No permanent change of control mechanisms shall be done without prior approval of the CONTRACT ADMINISTRATOR. 19.04 In the event that the CONTRACTOR, at any time, finds an unsafe situation, CONTRACTOR shall make any adjustments necessary to return the intersection to a safe operating condition. CONTRACTOR shall then report to the CONTRACT ADMINISTRATOR immediately upon completion of the adjustment. Red Flash is considered a safe operation for this purpose. 19.05 Any deficiencies that require attention but do not constitute an unsafe situation will be referred to the CONTRACT ADMINISTRATOR or appointed designee immediately, if possible, but in all cases by the end of the work day in which the inspection occurred. The CONTRACT ADMINISTRATOR or appointed designee will elect to make the repairs in-house or assign the CONTRACTOR an incident number authorizing the CONTRACTOR to make the repairs. If referred to the Contractor, repairs will be treated as "ROUTINE MAINTENANCE UNSCHEDULED MAINTENANCE RESPONSE" or as REGULAR HOURS MAINTENANCE/UNSCHEDULED MAINTENANCE RESPONSE" These adjustments will be scheduled and payment will be made in accordance with the bid documents unless the CONTRACT ADMINISTRATOR determines that adjustments must be made outside normal service hours. 23 City Attorney Approved Version 8/13/15 TRAN1333 20.00 ROUTINE MAINTENANCE 20.01 All graffiti (including but not limited to paint, signs, flyers, and tape) shall be removed by the CONTRACTOR. 20.02 CONTRACTOR shall maintain a clear radius of not less than 1 0' from the cabinet center. This area shall be clear of intrusion by vegetation including branches, bushes, and landscaping so that both doors are readily accessible and have full range of motion. 20.03 CONTRACTOR shall perform quarterly routine/preventive inspections at each signalized intersection during normal service hours based on the approved schedule. Inspections 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-D Inspection Checklist 20.05 Method of Payment for Routine Maintenance. Each service identified in Bid Schedule A "ROUTINE MAINTENANCE UNSCHEDULED MAINTENANCE RESPONSE" 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 UNSCHEDULED MAINTENANCE RESPONSE 21.01 Light Emitting Diode (LED) Replacement (A2). The CONTRACTOR shall remove and replace LED due to malfunction. 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 SeUReset (AS). 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 UNSCHEDULED MAINTENANCE RESPONSES when calls are received during REGULAR HOURS. Resetting signals found to be in Red Flash after REGULAR HOURS will be considered AFTER REGULAR HOURS UNSCHEDULED MAINTENANCE RESPONSES 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 24 City Attorney Approved Version 8/13/15 TRAN1333 HOURS will be considered ROUTINE MAINTENANCE. Calls for this service after normal service hours will be considered AFTER REGULAR HOURS unscheduled maintenance responses and associated costs will be paid in accordance with unit price as bid. 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 UNSCHEDULED MAINTENANCE RESPONSES 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 UNSCHEDULED MAINTENANCE RESPONSES. Replacement of malfunctioning pedestrian push buttons shall be scheduled during REGULAR HOURS whenever possible. 21.07 Adjust Signal Timing (A 17). 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 adjusted 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, 25 City Attorney Approved Version 8/13/15 TRAN1333 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 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 (A13). 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 26 City Attorney Approved Version 8/13/15 TRAN1333 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 (A15}. 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/UNSCHEDULED MAINTENANCE RESPONSE 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/UNSCHEDULED MAINTENANCE RESPONSE" has an associated bid item price. This bid item price includes all materials and labor 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 only be compensated for actual quantities of work performed. 22.04 Traffic Signal Mark-Outs (Dig I Alert USA): When required by Dig Alert/USA, CONTRACTOR shall locate and mark-out all affected Traffic Signal facilities within the timeframe given by the Dig Alert I USA ticket. These requests will be sent by e-mail to CONTRACTOR and a completion report must be provided to the CITY to ensure the services were completed. Payment shall be based on "Time and Materials" in accordance with Bid Schedule 8 "REGULAR HOURS UNSCHEDULED MAINTENANCE RESPONSE" or Bid Schedule C "AFTER REGULAR HOURS UNSCHEDULED MAINTENANCE RESPONSE", dependent upon when the CONTRACTOR is dispatched to perform the work. 23.00 CONTRACTOR'S EQUIPMENT 23.01 Contractor's Eauioment 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 27 City Attorney Approved Version 8/13/15 TRAN1333 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. 28 City Attorney Approved Version 8/13/15 EXHIBIT "B" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES CONTRACTOR'S WORK FORCE The CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT: TRAN1333 A. Each labor or supervisory position by title that will make up the CONTRACTOR'S work force needed to provide the described services. B. A sufficiently detailed explanation of the minimum qualifications for a person working in each position title including any required licenses and/or certifications. C. The minimum annual man-hours for each position title that the CONTRACTOR proposes to commit to the performance of the described services. D. A list and description of the qualifications of other pertinent staff that are not to be directly committed to this project but who will be available to support, consult, perform Extra Work, and the like. E. A description of CONTRACTOR'S systematic skills training program. The information provided in this attachment is for the purposes of determining the CONTRACTOR'S commitment and preparedness to perform the DESCRIBED SERVICES, and assuring that the CONTRACTOR'S bid is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed. Label any such pages "Exhibit B -Additional Information" along with the appropriate position title(s) corresponding to this form. A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 1. 2. 29 City Attorney Approved Version 8/13/15 EXHIBIT "B" Page 2 CONTRACTOR'S WORK FORCE (Continued) TRAN1333 A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 3. 4. 5. 6. 7. 8. 9. 30 City Attorney Approved Version 8/13/15 EXHBIT "B" Page 3 CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title 1. 2. 3. 4. 5. TRAN1333 Description I Qualifications E. Description of CONTRACTOR'S employee training program 31 City Attorney Approved Version 8/13/15 "Appendix B" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES INSPECTION RATING FORM TRAN1333 SITE/INTERSECTION: -----INSPECTOR: ----------- DATE: ____ _ PREVIOUS DATE INSPECTED:------ (IF APPLICABLE) Possible Previous Rating This Category Description Points Period Period Required routine maintenance tasks performed 35 Contractor's service logs complete and accurate 25 Contractor performing services on Scheduled Day and within specified arrival time 15 Work area is clean, neat and safe 15 Personnel in Proper Uniforms and Vehicles Marked 10 Rating Totals 100 32 City Attorney Approved Version 8/13/15 SIG# 1 2 3 4 5 88 153 160 157 6 121 132 7 8 9 140 10 11 12 13 190 166 16 14 15 181 115 129 136 114 17 89 56 128 109 18 19 "Appendix C" CITY OF CARLSBAD TRAN1333 TRAFFIC SIGNAL MAINTENANCE SERVICES EQUIPMENT LIST I MAIN STREET Adams St Alga Rd Alga Rd Alga Rd Alga Rd Alga Rd Alga Rd Alicante Dr Alicante Dr Ambrosia Ln Ambrosia Ln Appian Rd Arenal Rd Armada Dr Aston Av Avenida Encinas Avenida Encinas Avenida Encinas Avenida Encinas Avenida Encinas Avenida Ia Cima Avenida Soledad Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Batiquitos Dr Beech Av I CROSS STREET TamarackAv Alicante St Corintia St El Camino Real El Fuerte St Melrose Dr Xana Wy Poinsettia Ln Town Garden Rd Aviara Pkwy Poinsettia Ln Carlsbad Village Dr El Camino Real Palomar Airport Rd College Blvd Cannon Rd Carlsbad Blvd Palomar Airport Rd Poinsettia Ln San Lucas Rancho Santa Fe Rd Rancho Santa Fe Rd Aviara Resort Dr Batiquitos Ln Black Rail Ct Camino de las Ondas Cobblestone Rd Kestrel Dr Kingfisher Ln Laurel Tree Ln Manzanita St Mimosa Dr Palomar Airport Rd Plum Tree Rd Poinsettia Ln Poinsettia Ln Carlsbad Blvd 33 I OTHER STREET Avenida de Anita Cost co Poinsettia Village Cormorant Baccharis Av College Blvd City Attorney Approved Version 8/13/15 TRAN1333 SIG# I MAIN STREET I CROSS STREET I OTHER STREET 189 Black Rail Rd Poinsettia Ln 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 Entrance 148 Calle Barcelona Paseo Aliso 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 MaverickWy 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 TamarackAv 155 Carlsbad Village Dr Chatham Rd 149 Carlsbad Village Dr College Blvd 34 City Attorney Approved Version 8/13/15 TRAN1333 SIG# l MAIN STREET ] CROSS STREET ] OTHER STREET 40 Carlsbad Village Dr Concord St 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 Pica Dr 130 Carlsbad Village Dr Pontiac Dr 48 Carlsbad Village Dr Roosevelt St 49 Carlsbad Village Dr State St 113 Carlsbad Village Dr Tamarack Av 122 Carlsbad Village Dr Valley St 112 Carrillo Wy Melrose Dr so 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 Salk Av 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 Hasp Wy 67 El Camino Real Jackspar Dr Rancho Carlsbad Dr 61 El Camino Real Kelly Dr 62 El Camino Real La Costa Av 119 El Camino Real La Costa Town Center TBD El Camino Real lisa Street West Ranch Rd 63 El Camino Real Levante St 64 El Camino Real Marron Rd 65 EJ Camino Real Palomar Airport Rd 35 City Attorney Approved Version 8/13/15 TRAN1333 SIG# I MAIN STREET I CROSS STREET I OTHER STREET 66 El Camino Real Plaza Dr 134 El Camino Real Poinsettia Ln 68 El Camino Real Tamarack Av 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 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 156 OMWD Driveway Rancho Santa Fe Rd 216 Palomar Airport Rd Palomar Commons 36 City Attorney Approved Version 8/13/15 TRAN1333 SIG# I MAIN STREET I CROSS STREET I OTHER STREET 84 Palomar Airport Rd Palomar Oaks Wy 85 Palomar Airport Rd Paseo del Norte 91 Palomar Airport Rd Paseo Valindo 86 Palomar Airport Rd Yarrow Dr 87 Paseo del Norte Poinsettia Ln 192 Paseo del Norte Premium Outlet Mall (Project Driveway) 156 Paseo Escuela Poinsettia Ln 151 Paseo Lupino Rancho Santa Fe Rd 170 Poinsettia Ln Quartz Wy 158 Poinsettia Ln Snapdragon Dr 90 Rancho Santa Fe Rd San Elijo Rd 37 City Attorney Approved Version 8/13/15 "Appendix D" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES INSPECTION CHECKLIST DATE INSPECTED M ALL OK 0 N DIRECTION T FAILURE H TRAN1333 I ACTION* I DATE OF ACTION PERFORMED BY CONTRACTOR c A B I N E T c 0 N T R 0 L L E R Clean inside of cabinet Clean filter Verify fan operation Check general condition Pest control Verifv timinQ & clocks Verify EVP operation Check communication device status Check back-up battery Verify detection operation Verify ppb operation Check ppb mounting Verify indication Check Head 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 COMMENTS 38 City Attorney Approved Version 8/13/15 I (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 TRAN1333 I ACTION* DATE OF ACTION PERFORMED BY CONTRACTOR p E D E s T R I A N 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 COMMENTS City Attorney Approved Version 1/30/13 39 I I TRAN1333 AMENDMENT NO. 3 TO AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES BEAR ELECTRICAL SOLUTIONS, INC. ~This Amendment No. 3 is entered into and effective as of the I 9th day of ~ ;c'C)bQ..C , 2016, amending the agreement dated' November 18, 2615.{te"Agreement") by and between the City of Carlsbad, a municipal corporation, {"City"), and Bear Electrical Solutions, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for Traffic Signal Maintenance Services. RECITALS A. On May 3, 2016, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement's Exhibit "B" Contractor's Work Force to add two Level Ill Technician's; and B. On June 9, 2016, the Parties executed Amendment No. 2 to the Agreement to increase the unit cost of Item No. A-2 from $115 to $129; and C. The Parties desire to alter the Agreement's scope of work to include Traffic Signal Marks Out to be performed within this agreement; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed one million two hundred ninety nine thousand seven hundred seventy seven dollars and eighty three cents ($1 ,299, 777.83). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed thirty thousand dollars ($30,000) per agreement year. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by June 30, 2017. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. Ill Ill Ill City Attorney Approved Version 1/30/13 1 TRAN1333 EXHIBIT "A" SCOPE OF SERVICES AND FEE Add the following to Section 22.00 NON-ROUTINE REPAIRS & SPECIAL PROJECTS-EXTRA WORK: 22.04 Traffic Signal Mark-Outs (Dig Alert I USA). When requested by Dig Alert I USA, CONTRACTOR shall locate and mark-out all affected Traffic Signal facilities within the timeframe given by Dig Alert I USA ticket. These requests will be sent by email to CONTRACTOR and a completion report must be provided to the CITY to ensure the services were completed. Payment shall be based on "Time and Materials" in accordance with Bid Schedule B "ANNUAL REGULAR HOURS REPAIRS" or Bid Schedule C "AFTER REGULAR HOUR REPAIRS" dependent upon when the CONTRACTOR is dispatched to perform the work. City Attorney Approved Version 1/30/13 3 TRAN1333 AMENDMENT NO. 2 TO AGREEMENT FOR TRAFFIC SIGNALS MAINTENANCE SERVICES BEAR ELECTRICAL SOLUTIONS, INC. Thf Amendment No. 2 is entered into and effective as of the q-lfi day of ~LA~ , 2016, amending the agreement dated November 18, 2015, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bear Electrical Solutions, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for Traffic Signal Maintenance Services. RECITALS A On May 3, 2016 the Parties executed Amendment No.1 to the Agreement to alter the Agreement's Exhibit "B" Contractor's Work Force to add two Level Ill Technician's; and B. The Parties desire to alter the Agreement's scope of work as per Exhibit "1" to direct sourcing of a higher priced contractor specific part on Item A-2; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit" 1 ", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "1 ". 2. City will pay Contractor for all work associated with those services described in Exhibit "1" on a time and materials basis not-to-exceed one thousand seven hundred fifty dollars ($1,750) on an annualized basis. For the initial period of the Agreement, this equates to a time and materials basis not-to-exceed two thousand seven hundred seventy seven dollars eight three cents ($2,777.83). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "1" by June 30, 2017. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill City Attorney Approved Version 1/30/13 TRAN1333 AMENDMENT N0.1 TO AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES BEAR ELECTRICAL SOLUTIONS, INC. This Amendment No. 1 is entered into and effective as of the 3 rvl. day of l"'4fj , 2016, amending the agreement dated November 18, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bear Electrical Solutions, Inc., a California corporation ("Contractor") (collectively, the "Parties") for Traffic Signal Maintenance Services. RECITALS A. The Parties desire to alter the Agreement's Exhibit "B" Contractor's Work Force to add two Level Ill Technician's; and B. The Parties have negotiated and agreed there is no change to the scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 2. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 3. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 1 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITIE 3. Rick Hernandez Traffic Signal Electrician (IMSA lll) 4. Luis Robaina Traffic Signal Bectrician (IrvtSA Ill) 5. Gerald Ritch Shefke Traffic Signal Electrician (IrvtSA II) 6. Robert Asuncion 7. James King VP of Field Operations B. MINIMUM QUALIFICATIONS Rick Hernandez has been a traffic signal electrician since 2007. He is currently an !MSA Level lII Field Traffic Signal Electrician. He has experience with multiple controller systems, CCTV, video detection, EVP, and other ancillary systems similar to what Carlsbad maintains. Luis Robaina has been a traffic signal electrician since 2006. He has experience working with the 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 is an asset when it comes to the unique non-traffic signal and streetlight work that often times arises. Ritch is a level II IrvtSA Field Bectrician and used to live in the Carlsbad 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 m alter 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 III lrvtSA Field Electrician & level II IMSABench Electrician, and a Class A general Engineering Contractor License holder. Robert's role will be to James King has been in the traffic signal and street light industry for over for over 15 years. James is currently our responsible managing employee who carries our Bectrical C-10 and Work Zone Traffic Control C-31 contractor license. James is currently a Level III Field and level lII Bench Bectrician. James will serve as fie le quality control and will be commuting to Carlsbad occasionally to provide support as well as training for field personnel ( and customers). 36 Gty Attorney Approved Version 8/13/15 TRAN1333 Exhibit "A" C. TOTAL ANNUAL HOURS 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 N OWYJ\0€€:: , 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 9 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 Cf 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 J1J 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 wh ich 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 (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 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 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 c;tebarment 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. Ill Ill 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 "B" 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) 8-2. IMSA Level II $70.00 $35,000.00 Certified Technician 500 (Per Hour) Extended Amount 8-3. General Laborer 40 $45.00 $1,800.00 (Per Hour} Extended Amount B-4. Aerial Truck 500 $25.00 $12,500.00 (Per Hour} Extended Amount B-5. Service Truck 100 $15.00 $1,500.00 (Per Hour) Extended Amount B-6. Compressor 20 $5.00 $100.00 (Per Hour} Extended Amount %15 X $125,000 = $18,750.00 $143,750.00 B-7. Parts $125,000 $125,000 + Parts Contractor Parts Markup % Markup in Dollars Total Annual Cost for Bid Schedule "B" 12031150.00 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 ( CITY OF CARLSBAD EXHIBIT "A" MANNER OF PERFORMING SERVICES TRAFFIC SIGNAL MAINTENANCE SERVICES TRAFFIC SIGNAL MAINTENANCE QUALITY STANDARDS PART I GENERAL SPECIFICATIONS & PART II TECHNICAL SPECIFICATIONS TRAN1333 14 City Attorney Approved Version 8/13/15 TRAFFIC SIGNAL MAINTENANCE QUALITY STANDARDS MAINTENANCE THEORY TRAN1333 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 PARTI GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "AFTER REGULAR HOURS" -Work Performed by the CONTRACTOR on Saturday, Sunday, City of Carlsbad Holidays, or hours outside of REGULAR HOURS. B. "BID ITEM" -Individual items of work in the CONTRACTOR'S bid at an agreed price for the work. C. ~CITY" -The CITY of Carlsbad. 0. "CITY MANAGER" -The fully appointed CITY MANAGER of the CITY or his authorized representative. E. "CONTRACT ADMINISTRATOR" -The PUBLIC WORKS DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. F. "CONTRACTOR" -The managing individual of the contracting entity or his authorized employees or representatives. G. "EXTRA WORK" -Work Tasks authorized by the CONTRACT ADMINISTRATOR that are not included in ROUTINE MAINTENANCE/REPAIRS (Bid Schedule "A"). H. "FULLY OPERATIONAL" -In a condition to undertake the function to adequately perform as a traffic signal. I. "INSPECTOR" -The CITY'S/CONTRACT ADMINISTRATOR'S field representative for work performed by the CONTRACTOR. J. "PERIODIC INSPECTION" -Routinely scheduled or randomly noticed inspection or audit conducted by CITY. K. "PUBLIC WORKS DIRECTOR" -The official designated as the Public Works Director of CITY, or any of his authorized representatives. L. "REGULAR HOURS"-Normal business hours are hours between 7:00AM and 5:00PM Monday through Friday excluding City of Carlsbad holidays. 17 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 ADMINSITRA TOR 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 ADMINSTRATOR 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 CONTRACTOR'S payments if maintenance and repair tasks are not reported to CITY within the time allowed.) 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within the time specified within this agreement. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. Call-out response time during normal service hours shall not exceed thirty (30) minutes. In cases where delays are anticipated to exceed thirty (30) minutes, CONTRACTOR shall notify the City immediately with an estimated time of arrival. In no case shall initial response time exceed one (1) hour. A greater response time may result in assessment of liquidated damages. 1.7 The CONTRACTOR shall prepare and submit an annual schedule for ROUTINE MAINTENANCE to the CONTRACT ADMINISTRATOR for approval. The ROUTINE MAINTENANCE schedule shall be adhered to by CONTRACTOR unless deviation from the approved schedule is authorized by the CONTRACT ADMINISTRATOR. 1.8 CONTRACTOR will provide service twenty-four (24) hours per day for the servicing of all equipment covered by this agreement. An IMSA/TSA Level II or higher technician will respond immediately upon notification in a vehicle with aerial capabilities. This vehicle shall be equipped with equipment and materials necessary to restore safe operation of the intersection. If the CONTRACTOR is contacted after normal working hours and determines that aerial capabilities are not necessary based on the information provided, initial response may be made in a service vehicle. However, if the CONTRACTOR opts to respond in a service vehicle and aerial capabilities are required, the City will not pay any costs associated with retrieval of an aerial vehicle. 2.00 TRAFFIC SIGNAL EQUIPMENT TO BE MAINTAINED 2.01 The service areas and frequencies of service under the provisions of this CONTRACT are detailed in the CONTRACTORs Proposed Cost of Services Chart and include a minimum of 175 signalized intersections located in the CITY. 2.02 The detailed ROUTINE MAINTENANCE requirements and equipment list requiring service under the provisions of this CONTRACT are detailed in Appendix "D". 2.03 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said 19 City Attorney Approved Version 8/13/15 / TRAN1333 payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 The CONTRACTOR'S monthly invoices for ROUTINE MAINTENANCE and ROUTINE MAINTENANCE/REPAIRS shall be prepared and submitted in an electronic format. They shall clearly indicate the Purchase Order number, unit price , total work performed and correctly extended totals for each individual BID ITEM or separate item of work. An invoice format shall be submitted to the CONTRACT ADMINISTRATOR for approval. CONTRACTOR shall submit a fully itemized monthly bill to the CONTRACT ADMINISTRATOR or his authorized representative. 3.03 Separate invoices for approved NORMAL HOURS REPAIRS AND AFTER HOURS REPAIRS shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR. They shall include 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 REPAIR or AFTER HOURS REPAIR. 3.05 All CONTRACTOR invoices must contain the following: 1. intersection description/name 2. intersection number 3. authorizing party/caller 4. CITY service request and/or work order number 5. time call is received 6. description of complaint 7. call summary code 8. time of arrival 9. corrective measures taken 10. materials used and associated material costs 11. status upon departure 12. time of departure 13. unique invoice number 14. incident number 3.04 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. The portion affected by the change may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. 3.05 The CONTRACT ADMINISTRATOR may, at his discretion, add new traffic signals to be maintained and/or repaired and/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 an extension of existing bid prices or in the case of traffic signal that is substantially different than other signals, a negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent 20 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 RA TING 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 region area code. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. This phone number will be made available to all persons designated by the CITY. 8.02 All requests for services after normal working hours shall require a qualified technician to be dispatched to, and to arrive, at the required location as soon as possible or within one (1) hour of notification to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency service request is not responded to in one (1) hour, the CONTRACT ADMINISTRATOR shall be notified immediately ofthe reason for not meeting the required response time followed by a written report to the CONTRACT ADMINISTRATOR within two (2) working days. In no case shall initial response time exceed two (2) hours. A greater response time may result in assessment of liquidated damages. 8.03 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. 8.04 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 complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.05 CONTRACTOR'S supervisor shall carry cellular telephones with a local San Diego region area code. Supervisor shall respond to any call from the CITY within thirty (30) minutes at any time. 9.00 SAFETY 9.01 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 duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including 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 keep a log indicating date inspected and action taken. 9.02 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. 23 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 8:00 am 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 2f L TRAN1333 may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working. 12.04 CONTRACTOR shall use only Level II or higher IMSA certified technicians to service, maintain, and make necessary repairs to traffic signal devices within the confines of controller cabinet. Skilled laborers may make hardware repairs under the direct supervision of the Level II technician. No work will occur at any signalized intersection under this CONTRACT without a Level II or higher technician present at all times unless otherwise previously approved in writing by the CONTRACT ADMINISTRATOR or appointed designee. CONTRACTOR will provide a minimum of two (2) IMSA/TSA Level II or higher technicians to perform routine maintenance inspections and complete associated repairs during normal service hours for approval by the CONTRACT ADMINISTRATOR. CONTRACTOR will provide additional staff as needed for call-out response and troubleshooting services. 12.05 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, 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; and for directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this CONTRACT. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7:00 a.m. to 5:00 p.m., Monday through Friday excluding City holidays). 12.06 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks and understand 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. 12.07 The CONTRACT ADMINISTRATOR may, at any time, give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of 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 the public patronizing the premises. 12.08 The CONTRACT ADMINISTRATOR may, at any time, order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT 25 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 'JJ,. 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 MA TE RIALS 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 PART II TECHNICAL SPECIFICATIONS 19.00 DUTIES OF THE CONTRACTOR/ GENERAL TRAN1333 19.01 All work performed under this CONTRACT will be categorized as 1) ROUTINE MAINTENANCE/REPAIRS, 2) REGULAR HOURS REPAIRS, 3) AFTER REGULAR HOURS REPAIRS, or 4) SPECIAL PROJECTS. 19.02 The maintenance of all components within the confines of the cabinet (i.e. detectors, load switches, etc.) shall be the responsibility of the CONTRACTOR and shall be inspected quarterly, or as otherwise specified, for proper function. When a component must be removed from the intersection for repair, a like component will be provided and installed by the CONTRACTOR in place of the component requiring repairs. All repairs shall be the responsibility of the CONTRACTOR and the component shall be returned immediately upon completion of the repairs. 19.03 If, in the opinion of the CONTRACTOR, any controller mechanism has become obsolete or deteriorated beyond the point of repair, the CONTRACTOR shall notify the CONTRACT ADMINISTRATOR and demonstrate or otherwise provide evidence that replacement is necessary. No permanent change of control mechanisms shall be done without prior approval of the CONTRACT ADMININSTRA TOR. 19.04 In the event that the CONTRACTOR, at any time, finds an unsafe situation, CONTRACTOR shall make any repairs necessary to return the intersection to a safe operating condition. CONTRACTOR shall then report to the CONTRACT ADMINISTRATOR immediately upon completion of the repair. Red Flash is considered a safe operation for th is purpose. 19.05 Any deficiencies that require attention but do not constitute an unsafe situation will be referred to the CONTRACT ADMINISTRATOR or appointed designee immediately, if possible, but in all cases by the end of the work day in which the inspection occurred. The CONTRACT ADMINISTRATOR or appointed designee will elect to make the repairs in- house or assign the CONTRACTOR an incident number authorizing the CONTRACTOR to make the repairs. If referred to the Contractor, repairs will be treated as "ROUTINE MAINTENANCE/REPAIRS" or as REGULAR HOURS REPAIRSn These repairs will be scheduled and payment will be made in accordance with the bid documents unless the CONTRACT ADMINISTRATOR determines that repairs must be made outside normal service hours. 20.00 ROUTINE MAINTENANCE 20.01 All graffiti (including but not limited to paint, signs, flyers, and tape) shall be removed by the CONTRACTOR. 20.02 CONTRACTOR shall maintain a clear radius of not less than 1 O' from the cabinet center. This area shall be clear of intrusion by vegetation including branches, bushes, and landscaping so that both doors are readily accessible and have full range of motion. 20.03 CONTRACTOR shall perform quarterly routine/preventive inspections at each signalized intersection during normal service hours based on the approved schedule. Inspections 29 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-D 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/ 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 (AS). 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 (A 17). 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 (A 10 or A 11 ). 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 IMSA/TSA 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 (A 16). 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 ADMINSTRA TOR 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 ANO 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" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES CONTRACTOR'S WORK FORCE The CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT: TRAN1333 A. Each labor or supervisory position by title that will make up the CONTRACTOR'S work force needed to provide the described services. B. A sufficiently detailed explanation of the minimum qualifications for a person working in each position title including any required licenses and/or certifications. C. The minimum annual man-hours for each position title that the CONTRACTOR proposes to commit to the performance of the described services. D. A list and description of the qualifications of other pertinent staff that are not to be directly committed to this project but who will be available to support, consult, perform Extra Work, and the like. E. A description of CONTRACTOR'S systematic skills training program. The infonnation provided in this attachment is for the purposes of detennining the CONTRACTOR'S commitment and preparedness to perfom, the DESCRIBED SERVICES, and assuring that the CONTRACTOR'S bid is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed. Label any such pages "Exhibit B -Additional Information" along with the appropriate position title(s) corresponding to this form. A. POSITION TITLE 1. Martin Eichmann Regional Manager 2.Christina Hlavac Office Manager B. MINIMUM QUALIFICATIONS Martin Eichmann has been in the traffic signal and streetlight maintenance industry for over 36 years. Martin in an IMSA Level II Traffic Signal Certified Electrician as well as IMSA Work Zone Safety Certified. Martin comes to Bear Electrical Solutions, Inc. after being retired for several years. With Martin's yearning to go back to work and mentor newer employees (and customers) in the signal maintenance industry -it was a perfect fit for Martin to join the BES team. Christina Hlavac is an absolute powerhouse manager for Bear Electrical Solutions, Inc. for our Southern California office. Christina brings over seven years of signal maintenance experience from dispatching, project management, and administrative reporting responsibilities. She will be the everyday point of contact for Carlsbad. She will serve as support for Martin and be the office manager for our Southern California operations managing date to day operations when it comes to customer proposal writing, invoicing, and general customer service. C.TOTAL ANNUAL HOURS 35 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 JI) 4. Electrician 11 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 111 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 1. 2. 3. 4. 5. EXHBIT "B" Page 3 CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title TRAN1333 Description / Qualifications E. Description of CONTRACTOR'S employee training program 37 City Attorney Approved Version 8/13/15 SITE/INTERSECTION: "Appendix B" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES INSPECTION RATING FORM INSPECTOR: TRAN1333 ---------------- DATE: PREVIOUS DA TE INSPECTED: ------------(IF APPLICABLE) Possible Previous Rating This Category Description Points Period Period Required routine maintenance tasks performed 35 Contractor's service logs complete and accurate 25 Contractor performing services on Scheduled Day and within specified arrival time 15 Work area is clean, neat and safe 15 Personnel in Proper Uniforms and Vehicles Marked 10 Rating Totals 100 38 City Attorney Approved Version 8/13/15 TRAN1333 "Appendix C" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES INTERSECTION LOCATION LIST SIG# I MAIN STREET I CROSS STREET I OTHER STREET 1 Adams St Tamarack Av 2 Alga Rd Alicante St 3 Alga Rd Corintia St 4 Alga Rd El Camino Real 5 Alga Rd El Fuerte St 88 Alga Rd Melrose Dr 153 Alga Rd Xana Wy 160 Alicante Dr Poinsettia Ln 184 Alicante Dr Town Garden Rd 6 Ambrosia Ln Aviara Pkwy 147 Ambrosia Ln Poinsettia Ln 132 Appian Rd Carlsbad Village Dr Avenida de Anita 7 Arenal Rd El Camino Real 8 Armada Dr Palomar Airport Rd Costco 9 Aston Av College Blvd 140 Avenida Encinas Cannon Rd 10 Avenida Encinas Carlsbad Blvd 11 Avenida Encinas Palomar Airport Rd 12 Avenida Encinas Poinsettia Ln 13 Avenida Encinas San Lucas Poinsettia Village 190 Avenida la Cima Rancho Santa Fe Rd 166 Avenida Soledad Rancho Santa Fe Rd 16 Aviara Pkwy Aviara Resort Dr Cormorant 14 Aviara Pkwy Batiquitos Ln Baccharis Av 15 Aviara Pkwy Black Rail Ct 181 Aviara Pkwy Camino de las Ondas 115 Aviara Pkwy Cobblestone Rd 129 Aviara Pkwy Kestrel Dr 136 Aviara Pkwy Kingfisher Ln 114 Aviara Pkwy Laurel Tree Ln 17 Aviara Pkwy Manzanita St 89 Aviara Pkwy Mimosa Dr 56 Aviara Pkwy Palomar Airport Rd College Blvd 128 Aviara Pkwy Plum Tree Rd 109 Aviara Pkwy Poinsettia Ln 18 Batiquitos Dr Poinsettia Ln 19 Beech Av Carlsbad Blvd 189 Black Rail Rd Poinsettia Ln 39 City Attorney Approved Version 8/13/15 TRAN1333 SIG# I MAIN STREET I CROSS STREET J 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 Paseo Aliso 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 I 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 Tamarack Av 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 Inlet Wy Red Bluff Rd 167 College Blvd Rift Rd Richfield 193 College Blvd Salk Av 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 I OTHER STREET 134 El Camino Real Poinsettia Ln 68 El Camino Real Tamarack Av 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 Tamarack Av 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 Wv 42 City Attorney Approved Version 8/13/15 TRAN1333 SIG# I MAIN STREET I CROSS STREET ] OTHER STREET 85 Palomar Airport Rd Paseo del Norte 91 Palomar Airport Rd Paseo Valindo 86 Palomar Airport Rd Yarrow Dr 87 Paseo del Norte Poinsettia Ln 192 Paseo del Norte Premium Outlet Mall (Project Driveway) 156 Paseo Escuela Poinsettia Ln 151 Paseo Lupino Rancho Santa Fe Rd 170 Poinsettia Ln Quartz Wy 158 Poinsettia Ln Snapdragon Dr 90 Rancho Santa Fe Rd San Eliio Rd 43 City Attorney Approved Version 8/13/15 C A B I N E T C 0 N T R 0 L L E R PERFORMED BY "Appendix D" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES INSPECTION CHECKLIST DATE INSPECTED M ALL OK 0 N DIRECTION T FAILURE H TRAN1333 I ACTION* I DATE OF ACTION I CONTRACTOR COMMENTS Clean inside of cabinet Clean filter Verify fan operation Check Qeneral condition Pest control Verify timing & clocks Verify EVP operation Check communication device status Check back-up battery Verify detection operation Verify ppb operation Check ppb mounting Verify indication Check Head 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 44 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 I 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