HomeMy WebLinkAboutCal-West - 2014 AgreementAGREEMENT FOR SERVICES
(For contracts over $5,000 - CONTRACTOR)
This AGREEMENT made this 13th day of October, 2014, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Cal -West Lighting_& Signal Maintenance, Inc., having a principal place of
business at 530 N. Marburg Way San Jose, CA 95133.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on October 13`h, 2014 and will continue in effect through
October 13`h, 2017 unless terminated in accordance with the provisions of Article 7 of this
Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein.
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONTRACTOR is an independent contractor and
not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties
acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.
CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONTRACTOR shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
A. Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific
Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in
Exhibit "C" ( "Milestone Schedule ").
B. Method of Performing Services
CONTRACTOR shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONTRACTOR'S services.
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C. Employment of Assistants
CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as
CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the
performance of those services. CONTRACTOR assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONTRACTOR shall perform the services required by this Agreement at any place or location
and at such times as CONTRACTOR shall determine is necessary to properly and timely
perform CONTRACTOR'S services.
ARTICLE. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event
however shall the total compensation paid to CONTRACTOR exceed Exhibit "D" Payment
Schedule.
B. Invoices
CONTRACTOR shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment
will be made unless CONTRACTOR has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against
CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONTRACTOR in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE. OBLIGATIONS OF CONTRACTOR
A. Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers' Compensation
CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONTRACTOR'S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONTRACTOR shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly
from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
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including the loss of use thereof-, and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non - renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONTRACTOR must purchase so called
"extended reporting" or "tail" coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY'S
obligations under this Agreement, CONTRACTOR shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by
CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONTRACTOR
acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONTRACTOR'S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONTRACTOR'S behalf;
• CITY will not withhold state or federal income tax from payment to
CONTRACTOR;
• CITY will not make disability insurance contributions on behalf of
CONTRACTOR;
• CITY will not obtain workers' compensation insurance on behalf of
CONTRACTOR.
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ARTICLE. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at
reasonable times following receipt by CITY of reasonable notice,.to all documents reasonably
necessary to the performance of CONTRACTOR'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONTRACTOR. Such assignment shall not release
CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement.
ARTICLE. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR.
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated
upon death of CONTRACTOR.
B. Termination by City for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written
notification to CONTRACTOR. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONTRACTOR'S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONTRACTOR'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONTRACTOR shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been fully, competently and timely rendered by
CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONTRACTOR'S default in the performance of this Agreement or material breach by
CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONTRACTOR for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONTRACTOR to CITY.
D. Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONTRACTOR shall
cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in
connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by
the CITY to complete such services.
ARTICLE. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current
form and as it may be amended from time to time. CONTRACTOR shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or
representatives of either.
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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONTRACTOR shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONTRACTOR and that no person associated with CONTRACTOR has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONTRACTOR for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A ", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONTRACTOR:
Cal -West Lighting & Signal Maintenance,
Inc.
B Y: 1, 4-1
Name: Craig H. Geis .
Title: President
Social Security or Taxpayer
Identification Number 20-1716563
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CITY:
CITY OF GILROY
By:
Name: Thomas J. Haglund
Title: City Administrator
Approved as to Form
ATTEST:
City Attorney yt, Dye City Clerk
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EXHIBIT "A"
SPECIFIC PROVISIONS
PROJECT MANAGER
CONTRACTOR shall provide the services indicated on the attached Exhibit `B ", Scope of
Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONTRACTOR agrees to assign Craig H. Geis Jr., who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED /COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written
"Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Henry Servin
shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been
delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the
Section V.H. ( "Notices ") of this Exhibit "A".
B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final
Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONTRACTOR within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C ".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit "B". CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied, .
contained herein, and CITY expressly relies upon CONTRACTOR'S representations and
warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well - organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY'S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any
and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONTRACTOR), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONTRACTOR and all other written and oral
information developed or received by or for CONTRACTOR and all other written and oral
information submitted to CONTRACTOR in connection with the performance of this Agreement
shall be held confidential by CONTRACTOR and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may
retain and use copies thereof subject to Section V.D of this Exhibit "A ".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Rick Smelser, Public Works Director /City Engineer
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: Cal -West Lighting & Signal Maintenance, Inc.
530 N. Marburg Way
San Jose, CA 95133
Attn: Craig H. Geis Jr., Project Manager
I. FEDERAL FUNDING REQUIREMENTS.
❑ If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONTRACTOR warrants that he /she has not employed or retained any company or person,
other than a bona fide employee working for the CONTRACTOR, to solicit or secure this
Agreement, and that he /she 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 formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
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EXHIBIT "B"
PROGRAM DESCRIPTION AND SCOPE
PROGRAM ORGANVATIC
The City of Gilroy Public Works Department will review the SOQs and shall be responsible for
contract administration and accepting the Contractor's work. In those cases where this authority
can be delegated, the City Engineer shall be represented by his staff /authorized agent.
The City Engineer or his authorized agent is responsible for the general and day -to -day
operations of the streetlight equipment, traffic signal field equipment, and signal maintenance
operation. All daily correspondence, questions, and contract administration shall be handled by
the City Engineer or his authorized agent. Any changes in the scope of work and /or the costs of
the work order shall be concurred with by the City Engineer or his authorized agent. The
Contractor shall designate a single individual as Program Manager to whom all questions and
correspondences shall be addressed.
91 J Me] MVIT161 :
The broad categories of services needed are
• Traffic Signal Routine Maintenance
• Traffic Signal Unscheduled Maintenance
• Traffic Signal Plan Review
• Traffic Signal Construction Inspection
• Underground Service Alerts (USA) for traffic signals\
• Traffic Signal Design Modification
Street Light Maintenance
• Street Light Routine Maintenance
• Street Light Unscheduled Maintenance
• Street Light Construction Inspection
• Underground Service Alerts (USA) for streetlights
• Testing of streetlight poles for structural integrity
Task 1 Unscheduled Maintenance Items
1.1 Definition
Unscheduled Maintenance, which is comprised of regular maintenance and emergency
response, is performed by the traffic signal system and streetlight maintenance contractor
(Contractor) selected as a result of this RFQ. Regular maintenance is defined as all physical
work associated with the traffic signal system apparatus (excluding the controller and cabinet),
streetlight equipment, and all emergency response due to accidents, Acts of God, or signal lamp
malfunction. This definition is detailed in the following scope of work.
1.2 Introduction
The selected Contractor shall be responsible for providing maintenance, repair, and services as
directed by the City Engineer or his authorized agent. Work items shall include but not be limited
to all items listed in "Attachment C -1" and detailed in Attachment "C -2." Any item not included in
"Attachment C -1" shall be negotiated between the selected Contractor and the City on a time
and material basis.
The Contractor shall use and provide an Online Maintenance System with free access to
designated City staff. The entire online system should be a real -time system. System
functionality should include but not be limited to the following:
• Work order tracking,
• Work order status updates,
• Asset and equipment management,
• Maintenance requests,
• Maintenance check lists that are maintained and updated regularly.
The work to be done shall consist of providing contract maintenance, repair, and services.
Maintenance shall include repair of damages resulting from traffic collisions, which have caused
dislocation of poles or equipment; Acts of God (i.e., excessive winds, rain, floods, earthquakes,
etc.); vandalism; street excavation; or failure of or resurfacing of the street. Repairs shall include
the following:
1. Detector loop replacement and patching
2. Realignment and replacement of signal indications
3. Video detection replacement, realignment, and detection zone programming
4. Emergency vehicle preemption replacement, realignment, and detection zone
programming
5. Aerial and underground splicing of the City's hardwire signal interconnect cable
6. Pedestrian indication and signal indication lamp replacement (LED)
7. Battery Back -up System (BBS) repairs
8. Intersection rewiring and cable pulling
9. Any and all parts of controller mechanism
10. Concrete and foundation repairs
11. Traffic signal pole or equipment replacement
12. Other traffic signal system - related work
13. Streetlight pole or equipment replacement
14. Replacement of lamps and /or photoelectric cells
15. Other streetlight - related work
In addition, at the discretion of the City Engineer or his authorized agent, the maintenance
service Contractor shall provide the following:
2
1. Repair and replacement of Internally Illuminated Street Name Signs (IISNS) and LED
street name signs
2. Installation of traffic signs onto traffic signal equipment
3. Communication troubleshooting /repair /installation
4. Underground Service Alerts (USA) for traffic signals
5. Inputting signal timing changes
6. Plan review of traffic signal design prepared by others
7. Review of shop drawings for traffic signal equipment
8. Traffic signal construction inspection
9. Other traffic signal system- related work
10. Testing of streetlight poles for structural integrity
11. Underground Service Alerts (USA) for streetlights
12. Numbering of streetlight poles
13. Review of shop drawings of street light equipment
14. Street light construction inspection
15. Other streetlight - related work
The selected Contractor shall furnish all tools, equipment, workshop facilities, transportation,
labor, parts, and materials and perform all work necessary to maintain in good quality operation
all traffic signal and streetlight facilities within the City of Gilroy. The selected Contractor shall
have all necessary tools, equipment, workshop facilities, transportation, labor, parts, and
materials to test and maintain Light Emitting Diodes (LEDs). All work performed or equipment
and parts supplied by the Contractor shall be subject to inspection and approval of the City
Engineer or his authorized agent. Failure to pass inspection on any maintenance, repair, or
service item shall result in non - payment for that item until such time that the Contractor can
present the item to the City in an acceptable form.
1.3 Work Authorization Forms
A "Work Authorization Form" shall be provided prior to work commencing for As-
Required /Scheduled Response work items and when possible, Standard Response work items
(see Task 3 — Response for work item descriptions). The Contractor shall provide their cost
estimates on the "Work Authorization Form" and shall prepare a work authorization form for any
verbally authorized work or emergency response work. This form shall provide the Contractor
with the location, work to be performed, required completion date, authorization to proceed, and
a City or Contractor itemized estimate based on costs provided by the Contractor in their SQQ.
All costs shall be detailed, unbundled, and listed separately. Actual time spent on the job and
work completed or in progress will be inspected by City staff on a random basis. "Work
Authorization Forms" shall be prepared for all items of work for comparison to the final billing to
assure that proper costs and estimating procedures have been followed. Any additional work
not on the completed `Work Authorization Form" shall not be allowed until first approved by the
City Engineer or his authorized agent.
1.4 Verbal Notification
The Contractor shall respond on verbal notification from the City Engineer or his authorized
agent to all work items. Verbal notification will typically be given for "Standard" and /or
"Emergency" response work items. If verbal notification is given and no response time is
provided, the Contractor shall respond on an emergency basis.
3
When the Contractor receives verbal notification to complete a "Scheduled Response" work
item, the Contractor shall prepare a field generated "Work Authorization Form" and submit it to
the City for final approval within two (2) working days after receiving notification. The Contractor
shall note the date, time, type of response, and City employee providing the verbal authorization
on the "Work Authorization Form."
See Task 3 — Response for response definitions.
1.5 Contractor Notification
The Contractor shall notify the City Engineer or his authorized agent of any and all repairs
and /or replacements to the signal system at least two (2) hours prior to the start of work to allow
for proper inspection of work. Emergency response work provided by the City does not require
this notification process.
The City Engineer or his authorized agent shall have the final decision on what is authorized.
The Contractor shall not be paid until work is complete and the City is notified of the completion
for final inspection and approval. Compliance with the authorization procedure shall not
relieve the Contractor from making necessary repairs within a timely manner.
Task 2 — Routine Preventative Maintenance
2.1 Definition
Routine Preventative Maintenance shall by performed by the Contractor responsible for
preventative maintenance and the associated operation of streetlight equipment, equipment
associated with in- pavement flashing crosswalks, flashing beacon apparatus, and traffic signal
controllers and cabinet equipment. The City Engineer or his authorized agent will provide all
signal timing information. A full traffic signal intersection inventory shall be conducted and
provided to the City in both electronic and hardcopy form during the beginning of the contract.
The inventory shall include but not be limited to location, major & minor street, Cabinet type,
BBS, EVP, RR Preemption, Controller Type, Control Communication Type, CCTV, Video
Detection, WAR Traffic Loops, pole data and etc.
2.2 Traffic Signals, In- pavement Flashing Crosswalks, Solar Speed Signs, and Flashing
Beacons
The Contractor agrees to the following preventative maintenance schedule for traffic signals, in-
pavement flashing crosswalks, and flashing beacons to be paid at the rate identified in C -1
Items Traffic Signal Maintenance, In- pavement Flashing Crosswalk Maintenance, Solar Radar
Speed Signs, and Flashing Beacon Maintenance, respectively:
Monthly Routine
• Visually inspect controller for proper operation
• Visually inspect all vehicular and pedestrian signals for proper operation
• Visually inspect all LED signal units for proper operation, and replace outages found
• Check the time setting and match with time sheet in controller cabinet.
• Visually inspect Battery Backup System (BBS)
4
• Night checks of safety lights and internally illuminated street name signs (IISNS),
when applicable, twice each calendar month to determine outages and /or minor tree
trimming needs, if necessary (See 2.4 Night Checks for guidelines and requirements
•
Turn off utility power and make sure BBS switches effectively to BBS power
• Manually record inspection date and time in controller cabinet and send written
confirmation of monthly inspection with recommendations to the City by
intersection /location (See Task 4 — Reports for additional requirements)
• Activate solar speed feedback sign for proper operations
• Record solar speed feedback sign results on monthly inspection with
recommendations to the City by location (See Task 4 — Reports for additional
requirements)
• Actuate and check in- pavement flashing crosswalk, including associated sign, for
proper operation
• Record in- pavement crosswalk results on monthly inspection with recommendations
to the City by location (See Task 4 — Reports for additional requirements)
3 -Month Routine (In addition to monthly)
• Check emergency vehicle detection, video detection, and signal interconnect, where
applicable, for proper operation
• Check detector amplifiers and tune, if needed
• Actuate and check each pedestrian push button for proper operation
• Visually inspect roadway along loop detectors for possible exposed wires, cracks,
and potholes
• Rotate batteries in BBS for improved battery charging life
• Manually record inspection date and time in controller cabinet and send written
confirmation of 3 -month inspection with recommendations to the City by
intersection /location (See Task 4 — Reports for additional requirements)
6 -Month Routine (In addition to monthiv and 3- month)
• Check controller cabinet filter
• Check ground rod clamp and wire
• Check wire schematics and records to make sure they are in the cabinet
• Check operation of the fan
• Check operation of ground fault receptacle
• Measure voltage at service inputs in cabinet and record
• Visually check for bent visors and back plates
• Visually check integrity of splices
• Check BBS battery voltage /amp output and make recommendation for battery
replacement when necessary
• Test BBS charging system
• Manually record inspection date and time in controller cabinet and send written
confirmation of 6 -month inspection with recommendations to the City by
intersection /location (See Task 4 — Reports for additional requirements)
• Clean and vacuum controller cabinet
Annual Routine (In addition to monthly, 3- month, and 6- month)
5
!I
• Replace all incandescent lamps in all signals with LED lamps
• Clean and polish all lenses and reflectors
• Vacuum and clean controller cabinet and contents
• Replace cabinet filter
• Check weatherproof gasket seal on controller cabinets
• Check for water accumulation and duct sealant
• Lubricate hinges and lock on controller cabinets
• Check alignment of all signal heads
• Check indicator lamps
• Check all connectors
• Check detector extensions
• Check load switches
• Check relays
• Check conflict monitor and provide City with computerized report in Microsoft Excel
identifying each intersection's results.
• Clean BBS
• Check all BBS connections and clean terminals
• Manually record inspection date and time in controller cabinet and send written
confirmation of annual inspection with recommendations to the City by
intersection /location (See Task 4 — Reports for additional requirements)
• Verify signal timing in controller and field signal timing sheets are consistent. Send a
copy of signal timing sheets to the City with the date of inspection.
• Submit electronic and hardcopy of traffic signal intersection hardware inventory with
connection diagrams. The inventory shall include but not be limited to location, major
& minor street, cabinet type, BBS, EVP, RR Preemption, controller type, control
communication type, CCTV, video detection, WAP, traffic loops, pole data, conduit
sizes and etc. (see Attachment D for example)
2.3 Streetlights
The Contractor agrees to the following maintenance for streetlights to be paid at the rate
identified in C -1," Item Streetlight Maintenance:
• Replace lamps that have become inoperative by virtue of burnout. Replacement
lamps shall be substantially equivalent to those replaced.
• Perform an annual full City street light inventory and provide the city with a GIS
based map in both digital and hard copy format. The inventory shall include but not
be limited to the follow parameters; location, GPS coordinate, fixture type, wattage,
pole type, pole condition, pole height, pole number, mass arm length and etc.
• Replacement of Light Emitting Diode (LED) streetlight that have been inoperative by
virtue of failure. Replacement LED streetlights shall be per the City Standard. If the
cause of failure is covered under manufacture warranty, the Contractor shall
coordinate with the LED manufacture and provide removal and installation.
• Replace photoelectric cells that have become inoperative from normal deterioration.
2
• Minor trimming of trees below the light fixture for the purpose of allowing a
reasonable amount of light to be let through. Trimming is limited to within three (3)
feet of the bottom of the fixture.
• Night check of each streetlight and safety light within the City's jurisdiction each
quarter to determine electrolier outages, pole condition, and /or minor tree trimming
needs. See 2.4 Night Checks for guidelines and requirements.
• Maintain and submit a monthly log listing each call received, the name of the caller (if
given), the date of the call, the outage or other problem reported by the caller, and
the location of the outage or other problem reported by the caller. See Task 4 —
Reports for additional requirements.
• Replace photo- reflective pole numbers that are no longer visible and in conformance
to City Standards.
• Inspect street light pole integrity and replace the pole on an as needed basis.
The replacement services to be performed by the Contractor encompass outages from normal
deterioration. Each inoperative lamp and /or photoelectric cell shall be replaced within one (1)
working day or less from the date the Contractor receives notice from the City. See Task 3 —
Response for additional requirements.
2.4 Night Checks
The Contractor agrees to conduct night checks twice a quarter during non - daylight hours as
follows:
• Contractor shall submit with this SOQ a Zone Map dividing the city limits of Gilroy
into twelve (12) zones.
• Contractor shall submit with this SOQ a schedule for conducting night (non - daylight
hour) checks in the twelve zones.
• Contractor shall submit an action plan of keeping track of the City's complete
streetlight inventory, with the use of a GIS based system.
• Contractor shall check each streetlight, safety light, and IISNS (if applicable) in the
assigned zone for the corresponding quarterly check during non - daylight hours for
outages, pole condition, and /or minor tree timing needs quarterly.
• Contractor shall maintain and submit a quarterly log for all night checks including but
not limited to date of visit and location of outage or other problem. See Task 4 —
Reports for additional requirements.
Task 3 — Response
3.1 Emergency Response (one hour maximum response time)
This item is considered to be a safety concern. When notified by the City to respond to an
7
emergency situation, the Contractor shall be at the site in one (1) hour or less from the time of
notification. Examples of a situation that would require an emergency response include but not
limited to signal and /or streetlight knockdowns, block of streetlights out -of- service, signal
damage, red lamp outages (LED), turned or misaligned signal head, or other repairs designated
emergency response by the City. The Contractor shall maintain a twenty -four (24) hour per day
emergency service for the replacement of burned out lamps or repair of any traffic signal or
associated traffic signal equipment. The Contractor shall maintain a local telephone number
where he can be reached twenty -four (24) hours per day. This telephone number shall be made
available to the Engineering Division and the Gilroy Police Department. The Contractor shall
make IMMEDIATE maintenance calls when notified by the City and informed that the call is an
emergency. In no instance shall the response time to an emergency call exceed one (1) hour
from the time of notification.
3.2 Standard Response (eiaht workina hour maximum response time
This item is considered important but not an immediate safety concern. Maintenance and repair
requests made on a regular basis shall be responded to within eight (8) working hours of
notification. In no event will regular response work be considered overtime without prior
approval of the City Engineer or his authorized agent. Examples of work that would require a
regular response are but not limited to signal equipment repair /replacement, pedestrian head
outages (modification kits), vehicle detection problems, field wiring, routine lamp outages, and
streetlight lamp outages.
3.3 As- Required /Scheduled Response (five working day maximum response time)
Maintenance and repair requests made by the City that are not critical or the work involved is of
such nature as to require advance scheduling shall be completed on an "As- Required" basis.
Work authorizations of this type shall include a completion date to be shown on the work
schedule. Examples of "As- Required /Scheduled" maintenance would include but not limited to
loop repair /replacement, major equipment repair /replacement, permanent replacement of
knockdowns, major rewiring, and intersection modifications.
The formats presented above are only guidelines and do not relieve the Contractor of the
responsibility to perform. At all times, the contractor shall be required to respond to any work
request in any of the above manners as the City determines necessary. If the City should fail to
provide the Contractor with the required response time, the Contractor shall proceed under the
guidelines of "As- Required /Scheduled" response unless the work item requires a more
immediate response, as covered in the Request for Qualifications. The City may at any time
amend the response requirement for speck work items by notifying the Contractor either
verbally or in writing. Time extension may be granted due to material delay when the Contractor
has demonstrated that the delay was beyond the Contractor's control.
Task 4 — Reports
4.1 Monthly Maintenance Reports
The Contractor shall submit to the Engineering Division within ten (1.0) working days from the
last day of each month a detailed monthly computer summary printout of all traffic signal system
and streetlight repair and emergency calls made. The summary shall provide the following
information:
D
TRAFFIC SIGNALS, IN- PAVEMENT FLASHING CROSSWALKS, SOLAR SPEED
FEED -BACK SIGNS, AND FLASHING BEACONS
1. Date, time, City employee, and employee telephone number initiating the call
2. Location by intersection /location and number (see Attachment "C "), as provided
by the City, and identification by a specific comer and /or direction of travel
3. Nature of the malfunction, if any found, and a description of the action taken by
the Contractor
4. Date, time, and name of Contra cto es. personnel conducting night check (when
applicable)
5. Date and time the Contractor's personnel and equipment arrived on the scene
6. Date and time the job was completed
STREETLIGHTS
1. Date, time, City employee or caller name (if given), and telephone number
initiating the call
2. Location by streetlight number, as provided by the City, and identification by
street name and /or address and nearest cross street
3. Nature of the malfunction, if any found, and a description of the action taken by
the Contractor
4. Date, time, and name of Contractor's personnel conducting night check (when
applicable)
5. Date and time the Contractor's personnel and equipment arrived on the scene
6. Date and time the job was completed
4.2 Mornina Call -In (Dail
The Contractor must email every morning (Monday - Friday by 8:30 am) and notify the City
Engineer or his authorized agent of any and all work scheduled to take place during that day. If
scheduled work is completed and the Engineering Division has not been notified in advance,
payment will not be made until the work can be inspected by City staff.
4.3 Detailed Cost Summary
The Contractor shall provide a detailed cost summary with the monthly invoices detailing work
completed for each work authorization. See Compensation for additional details.
Task 6 — Traffic Signal Plan Review
The Contractor may be required to performed traffic signal plan review for the City. The
Contractor shall have the ability to professionally review traffic signal plans from the City and
have a turnaround time no greater than five (5) working days.
Task 6 — Traffic Signal Construction Inspection
The contractor may be required to perform traffic signal construction inspections. The contractor
shall have a competent inspector on site as directed by the City. The inspector shall provide
daily reports to the City representative.
10
Task 7 — Traffic Signal Design Modification
The contractor may be required to perform on site traffic signal modifications. Modifications may
include installation of left turn arrows, on -site signal timing changes, loop length increases,
advance detection zone changes and etc.
COMPENSATION �.
The Contractor shall submit to the Engineering Division an invoice for each month of
maintenance. The invoice shall include the date and time of the service call, date and time of
arrival at the location, date and time of completion of the prescribed work, description of service
rendered, and a detailed listing of parts, equipment, and labor utilized in this repair. Follow -up
work such as permanent knockdown replacements or other As- Required/ Scheduled
Maintenance shall include all of the above and a copy of the City- authorized 'Work
Authorization Form."
The Contractor shall be compensated for labor and mobile equipment for any regular
maintenance or services in accordance with the rates set forth in the SQQ. Overtime rates shall
be charged, if any, only on weekdays from 5:00 pm to 8:00 am, Saturdays, Sundays, and all
national holidays. Overtime shall be charged for only the actual time spent at the work site in
fifteen (15) minute increments and any minimum call -out. The Contractor shall submit time
sheets at the request of the City Engineer or his authorized agent to confirm any personnel and
mobile equipment charges whether for regular time or overtime. The Contractor's rates set forth
in the SQQ shall be complete and final. No other charges shall be permitted other than those
stated in the Contractor's SQQ.
The Contractor shall be compensated at cost plus fifteen (15) percent for all material supplies.
Upon demand, the contractor shall submit to the City Engineer or his authorized agent copies of
the material supplier's invoices for any materials used or supplied under this contract.
Wei , ® s ® \
The agreement resulting from this Request for Qualifications shall be in force for three (3) years.
The contract may be renegotiated for two additional one -year periods by mutual agreement
between the City and the Contractor for a total contract duration of up to five (5) years.
On March 1 of the year prior to end of the third year contract period and on March 1 of each
year prior to the end of the one -year contract extension period, the Contractor must submit in
writing a request to begin renegotiations for the extension of the contract or notice of intent to
terminate at the expiration of the contract. Failure to do so shall obligate the Contractor to
extending the current contract prices and services until the next one -year renewal period.
The Contractor is expected to have a close working relationship with City staff throughout the
duration of the contract.
11
The Contractor shall be required to maintain a primary facility location within seventy (70)
miles of the City limits of Gilroy. This requirement is mandated to assure the response by
the Contractor is accomplished in a timely manner and in the case of emergencies, within
one (1) hour. The facility must be equipped with mobile equipment such as ladder trucks,
boom trucks, and related equipment and must also be equipped with facilities to effectuate
traffic signal equipment repairs.
2. The Contractor must provide an experienced, competent Superintendent and field
technician who will be responsible for effectively supervising all work in progress. In
addition to supervision or work in progress, the Superintendent must be capable of
instructing his subordinates in correct and proper maintenance techniques.
3. The Contractor must employ competent, experienced traffic signal and streetlight
technicians (International Municipal Signal Association (IMSA) Certification desirable)
qualified in repair or trouble detection of the City's traffic signal and lighting equipment. If
any subcontractor, Superintendent, Foreman, laborer, or other person employed or
associated with the Contractor appears to City staff to be intemperate, incompetent,
troublesome, or otherwise undesirable to be employed on the work site, that employee
shall be immediately removed from the work site at the request of the City Engineer or his
authorized agent.
4. The Contractor shall be responsible for providing all necessary traffic control equipment in
all construction or maintenance zones per Part 6 of the California Manual on Uniform
Traffic Control Devices MUTCD 2012, or most recent edition, or as determined by the City
Engineer or his authorized agent to be required to give adequate warning of any
dangerous conditions that may be encountered, prevent accidents, and avoid damage or
injury to the public. In addition, the Contractor shall not close more than one lane of travel
at a time unless otherwise authorized by the City Engineer or his authorized agent. Lane
closures from 7:00 am to 8:30 am and 4:00 pm to 6:00 pm are not permitted for Standard
or As- Required /Scheduled Maintenance. Emergency repairs shall be made whenever
required and are not be subject to the aforementioned time restrictions.
5. The Contractor shall conduct his operations in order to minimize obstruction and
inconvenience to public travel. At no time shall the Contractor be allowed to stop work for
the purposes of a "coffee break" when the public right -of -way is impeded unless the work
being done requires more than four (4) hours to complete.
Whenever the Contractor's operations create a condition hazardous to traffic or to the
public, he shall furnish and maintain, as necessary, fences, barricades, lights, signs, safety
cones, and other devices per Part 6 of the California MUTCD 2012 Edition, or most recent
edition, or as determined by the City Engineer or his authorized agent to be required to
give adequate warning of any dangerous conditions that may be encountered, prevent
accidents, and avoid damage or injury to the public. Failure to provide necessary devices
shall be cause for stopping of work and vacating the job site until the situation is remedied.
6. The Contractor shall be responsible for the correct placement, number, and monitoring of
temporary traffic signals and controls.
12
7. The Contractor shall be equipped with the spare parts in sufficient quantities to maintain
signal and streetlight operations. In those instances where a complex device, equipment,
or component has to be repaired or replaced, the Contractor shall install a temporary
replacement of his own until such time as the part can be permanently repaired or
replaced.
8. Should construction be underway by other forces or by other contractors within or adjacent
to the limits of the work specified or should work of any other nature be underway by other
forces within or adjacent to the said limits, the Contractor shall cooperate with all such
other contractor's or other forces to the end that any delay, duplication, or hindrance to
their work shall be avoided.
9. All work shall conform to the most recent edition of Caltrans Standard Plans and
Specifications and the City of Gilroy Standard Details and Specifications.
10. The City Engineer or his authorized agent shall have access at all times to work completed
or in progress and shall be furnished with all reasonable means and facilities for
ascertaining the progress of work and the quality of the materials used. All work performed
and all materials furnished shall be subject to the City Engineer or his authorized agent's
inspection and approval. Any item not meeting the City Engineer or his authorized agent's
complete satisfaction shall be replaced immediately.
Inspection of work shall not relieve the Contractor of any obligation to fulfill the contract as
prescribed. Defective work or materials shall be made good, and unsuitable material may
be rejected notwithstanding the fact that such defective work and unsuitable materials
have been previously inspected by the City Engineer or his authorized agent and
accepted.
11. All work, which is determined by the City Engineer or his authorized agent to be defective
in its construction or is deficient in anyway, shall be remedied or removed by the
Contractor at his expense in a manner acceptable to the City.
12. The City Engineer or his authorized agent shall decide all questions that may arise
regarding the quality or acceptability of materials furnished or work performed, the manner
of performance and rate of progress of the work, and the acceptable fulfillment of the
contract. The City Engineer's decision shall be final.
13. All fixed time, semi actuated, and fully actuated signals installed during the life of the
contract shall be added to those already maintained by the Contractor, as the City notifies
the Contractor of the installation thereof. These signals shall be maintained at the same
rate and in the same manner as those covered by the agreement. In the event notification
is made at other than the beginning of the monthly contract period, payment for that month
shall be prorated from the day the Contractor is notified.
14. All in- pavement flashing crosswalks added throughout the life of the contract shall be
maintained by the Contractor, as the City notifies the Contractor of the installation thereof.
These in- pavement flashing crosswalks shall be maintained at the same rate and in the
same manner as those covered by the agreement. In the event notification is made at
other than the beginning of the monthly contract period, payment for that month shall be
prorated from the day the Contractor is noted.
13
15. All flashing beacons (not part of traffic signal assembly) added throughout the life of the
contract shall be maintained by the Contractor, as the City notifies the Contractor of the
installation thereof. These flashing beacons shall be maintained at the same rate and in
the same manner as those covered by the agreement. In the event notification is made at
other than the beginning of the monthly contract period, payment for that month shall be
prorated from the day the Contractor is noted.
16. All electroliers added throughout the life of the contract shall be maintained by the
Contractor, as the City notifies the Contractor of the installation thereof. These electroliers
shall be maintained at the same rate and in the same manner as those covered by the
agreement. In the event notification is made at other than the beginning of the monthly
contract period, payment for that month shall be prorated from the day the Contractor is
notified.
The Contractor shall be required to possess a current and valid Class C -10 California
Contractor License at the time the SOQ is submitted, which shall be kept current for the
duration of the contract. An additional Class A California Contractor License is also
preferred.
2. The Contractor selected as a result of this Request for Qualifications shall be required to
obtain a City of Gilroy Business License, which shall be kept current for the duration of the
contract.
The selected Contractor shall be required to carry insurance coverage during the performance
of the contract providing the following minimum limits:
Commercial Liability Insurance
2. Professional Liability Insurance
(Errors and Omissions)
3. Workers Compensation Insurance
$1,000,000 per occurrence
$1,000,000 per occurrence and
aggregate
Per provisions of Labor Code of
California
This is a general overview of the City's insurance requirements. See Agreement for Services for
specific information.
GE_NERAL--IN FORMATION
'
1. The Engineering Division shall furnish information in its possession relevant to the
preparation of this RFQ.
14
2. The Contractor selected as a result of this Request for Qualifications will in no event be
considered to have exclusive rights to perform regular signal maintenance or supply
equipment and service in the City of Gilroy. The City reserves and maintains the right to
seek quotations and award bids to any contractor for signal maintenance programs to
include any and all work covered in Attachment "C -1" and detailed in Attachment "C -2."
LIST OF;ATTACHMENTS`,,
C -1. Work Items and Cost Proposal. Worksheet
C -2 Detailed Description of Work Items
C -3 Traffic Signal System and Streetlight Inventory
D Traffic intersection connection diagram "example"
F Worker's Compensation Experience Modification Rate Statement
15
EXHIBIT D
ATTACHMENT C -1 —WORK ITEMS AND COST PROPOSAL
WORKSHEET
See Attachment "C-3 fora :detailed inventory (and general exceptions) of the following items
MONTHLY MAINTENACE,
ESTIMATED QUANTITY.
COST <.:
UNIT
Base Contract1tems
1:' Traffic Signal Maintenance
30 intersections /month
$ 75.00 '
` PER EACH
(City Owned and Maintained)
2. Sire'etlight Maintenance
3510 streetlights /month
$ •45
PER EACH
(City Owned and Maintained)
(Estimated)
3. In- pavement Flashing Crosswalk
Maintenance
4 flashing x- walk/month
$ 45.00 =
PER EACH
(city Owned and Maintained)
4, Flashing Red Beacon Maintenance
1 flashing beacon /month
$ 45.00
PER EACH
(City Owned and Maintained)
5. Flashing Yellow Beacon Maintenance
17 flashing beacon /month
$ 45.00
PER EACH
(City Owned and Maintained)
6. Solar Speed Limit Radar Signs
4 Solar Radar Sign /month
$ 45.00
PER EACH
Add Alternate Contract Items:
7. Streetlight Maintenance
(Caltrans owned/City Maintained)
8 streetlights /month
$ •45
PER EACH
8. Traffic Signal Maintenance
(Caltrans .Owned %City Maintained)
11 intersections /month
$ 75.00.
PER EACH
See Attachment "D" fora description of the following items:
EQUIPMENT.
COST
''UNIT
1. .l Service Truck.._ .......................... ._.............................
$ ..10.00,
'PER HOUR
2: Service .Truck with arrow board ..... ...............................
$ 15.00
PER HOUR
3.:
$ 5.00
PER HOUR
4. Dump Truck...., ..................
......................
$ 25.00
PER HOUR
5. Air Compressor ...... .......................................
$ No Charge,-
PER HOUR
6. Bucket Truck......... ............................................
........
$ 30.00
PER HOUR
7. Boom Truck ....................... .. ...............................
$ 30:00
R PER HOUR
8: _ Concrete Saw.. :::...................... ...............................
$ 15.00
_ _U
P_ER HOUR
9. Lighting Trailer ...... .......... ...........................................
$ 15 :00
PER HOUR
PERSONNEL
COST
10. Field Technician Supervisor - Regular
$ 100.00
PER HOUR
11.
Field Technician Supervisor - Overtime
$165.00
PER HOUR
12.
Electrical Technician - Regular
$100.00
PER HOUR
13.
Electrical Technician - Overtime
$165.00
PER HOUR
14.
Traffic Technician -7 Regular
.$100.00
PER HOUR
15
Traffic Technician..- ;Overtime
$165.00
PER HOUR
16.
Field Technician - Regular.
$65.00
..PER HOUR
17.
Field Technician -'Overtime
$ 95:00
PER HOUR
18.
Crane Operator = Regular
$160:00
PER HOUR
19.
Crane Operator - Overtime
$165.00 ,
PER HOUR
20.
Engineering Technician
$90.00 .,
PER HOUR
21.
GIS Specialist
$90.00
PER HOUR
22.
Traffic.Engineer/ Electrical Engineer
$150.00
PER HOUR
23.
Clerical Support
$ 60.00 _ .
PER HOUR
REPAIRS
COST .
24.
Turned Signal Head
$55.00
PER EACH
25.
Turned Signal Head - Overtime
$250.00
PER EACH
26.
Turned PED Head
$ 55.0.0
PER EACH
27.
Turned PED Head - Overtime
$250.00_
PER EACH
28.
Loose Back Plate
$55.00 `.
_ PER EACH
29.
Bulb Call
$55.00.
PER EACH
30,
Bulb Call - Overtime
$250.00
PER EACH
31.
LED Lamp Out
$190:00
PER EACH
32.
LED Lamp Out - Overtime
$ 390.00 ,
PER EACH
33.
Resplice Loop
$70.00
PER EACH
34.
Epoxy Loop
$125:00
PER EACH
35.
Fiber Optic Fusion Splicing
$150.00
PER STRAND
36,
Type 1 -A Pole (10' or 7')
$650.00
PER EACH
37.
5 Section 12" Signal Head (including reflector, lamp, visor
& back plate)
$730.00
PER EACH
38.
MAS 5- Signal Head
$ 800.00
PER EACH
39.
3- section 12" signal head
$400.00
PER EACH
40,
3- section 12". arrow sigh gI head,
$ 390 00 _
PER EACH
41.
Signal mount, pole
$175.160. _
PER EACH
42.
signal mount, mast arm
$ 95.00
PER EACH
43.
Pedestrian push button assembly
$70:00
PER EACH
44.
PPB housing and sign
$80.00:_. _
_. PER EACH
45.
4102 -3p ([CC) universal Z crate visor
$70.00 __ _
_ . PER EACH
46.
Pull box #5
$250.00
PER EACH
47.
Pull box #6
$ 300:00
PER EACH
48.
Pull box #6E
$40000__.,
,, _ PER EACH
49.
Pull box #7E
$ 400.00
PER EACH
0
YP III AF service
3500 00
$$
PER „EACH
51.
_ ....
Telco Pedestal
.
600.00 .
.
PER EACH
52.
Telco Pedestal 2:Blocks /ground rod inst.
$1600.00
PER EACH
51
4094 -D (ICC) type G intnl. Neon ped head
$ N/A _
_ PER EACH
54
PED Mod Kit Installed
$200.00
PER EACH
55.
Loop installation (6'4') - single
$ 500.00
PER EACH
11. F
Field Technician Supervisor -Overtime $
$165.00 P
PER HOUR
, 1
Electrical Technician -Regular $
$100,00 P
PER HOUR
^� 13. E
Electhca|Technician - OVert|me $
$165.00 P
PER HOUR
14. T
TnafficTeohnician - Reou|ar $
$100.00 P
PER HOUR
15 T
TraffioTechnicimn - Ovedime -
- P
PER HOUR
:
Fie|dTeohnhcian - Ragu/ar $
$65.00 P
PER HOUR
17. F
FieldTMchnician - OvanUme $
$95.00 P
PER HOUR
/
18, C
CnanaCJperator - Raou|ar $
$100.00 P
PER HOUR
19. C
Crane Openabzr - {}vodime $
$165.00 P
PER HOUR
20. E
Engineering Technician P
PER HOUR
21. G
G|G Specialist $
$90.00 P
PER HOUR
22. T
Traffic Engineer/ Electrical Engineer $
$150.00 P
PER HOUR
23. C
C|ehoo| Support $
$60.00 P
PER HOUR
`
REPAIRS C
COST
24. T
Turned Signal Head P
PER EACH
25' T
Turned Gi na|Head-[)marbnne $
$250.00 P
PER EACH
26. T
Turned PED Head $
$55.00 P
PER EACH
/ 27. T
Turned PEQ Head -Ovart|me $
$250.00 P
PER EACH
28. L
Loose Beoh Plate P
PER EACH
� 28' B
Bulb! Call $
$55.00 P
PER EACH
� 30, B
Bulb Call -Overtime $
$250,00 P
PER EACH
31, L
LED Lamp Out $
$190,00 P
PER EACH
� 32. L
LE[} Lamp Out - Overtime $
$390.00 P
PER EACH
� 33, R
Reap|iueLoup $
$70.00 P
PER EACH
34, E
Epoxy Loop $
$125.00 P
PER EACH
' 35. F
Fiber Optic Fusion Splicing $
$150,00 P
PER STRAND
38. T
Type 1-A Pole (1O'or7') $
$650.00 P
PER EACH
� 37. 5
5 Section 12^ Signal Head (including reflector. |mrnp, visor �
�
back 7
730 P
PER EACH
38. M
MAS 5-Signal Head P
PER EACH
' 39. 3
3-section 12^ signal head $
$400.00 P
PER EACH �
. 40. 3
3-section 12^ arrow signal head $
$390.00 P
PER EACH
41. S
Signal moum*, pmha $
$175.00 P
PER EACH
42 S
Signal nnount, mast arm $
$95.00 P
PER EACH `
43. P
Pedestrian push button assembly $
$70.00 P
PER EACH
56.
Loop installation (6�')- Series of4Loops
$1900.00
PER EACH
57.
Video Detection (Amtoocope)- One camera + mini hub
PER EACH
58.
Video Detection (Autoormpe)- four cameras + mini hub
PER EACH
59.
Stub out installation
$80.00
PER EACH
00.
||SNGRepmir
PER EACH
61.
SignaVPed Head painting
$80.00
PER EACH
62.
12 pair cable (pe22) installed/ 1UD'
60000
PER 100'
63.
25 pair cable (pe22) installed/ 1OO'
PER 100'
04.
OSPCat5o Cable installed/ 1O0'
PER 100'
85-
Trench 1.5^ conduit installed/ 1OO'
00
PER 100'
80.
Trench 8]]" conduit installed/ 1OO'
240800
PER 100'
87.
Trench colored qUed-duct. schedule 4CK1OU'
290000
PER 100'
O@.
Quad-Duct schedule 4D installed in open trench by dug byothers
$ 1000.00
PER100'
88.
Bore 1.5^ conduit 1DO'
PEF�1QU'
70.
Bone]. 0^oonduit100'
P��Fl1OD'
71.
Boho'ub|onadquod-duosoheduhs4U.1DO'
L
PER 100'
72.
7O+med HIPS lamp
PER EACH
73.
1D0-vvottHP8lamp
$11.00
PER EACH
74.
Tape Shield
$50.00
PER EACH
75.
Flat Lens
PER EACH
76.
Leobek2DF LED fixture (furnish and install)
PER EACH
77.
Lentek3OF LED fixture (furnish and install)
$ *see below
PER EACH
78.
L$mtmk4OF LED fixture (furnish and install)
PER EACH
79'
Lsmtek0OF LED fixture (furnish and install)
PER EACH
GO.
LemtehBOF LED fixture (furnish and install)
PER EACH
81.
Leoteh1ODF LED fixture (furnish and install)
PER EACH
82.
Lembak12OF LED fixture (furnish and install)
PER EACH
83.
Marking Paint (USA Locates)
$130.00
PER CAN
84.
New Signal Turn OnSupport
$600.00
PER EACH
85�
Furnish and Install Anti-Theft Pull Box Lid
PER EACH
88.
Tape Programmed Visibility Head Kit
$100.00
PER EACH
*Due hm varying vendor market price fluctuations, nmat(n) will be based on current market price plus labor
*All vendor documentation and/or invoicing shall be forwarded tnthe City upon request
ATTACHMENT C -2 -- DETAILED DESCPRITION OF WORK ITEMS
ITEM DESCRIPTION
1 -9 Supply equipment as required. Cost shall be given on a per hour basis.
10 -23 Supply labor as required. Cost shall be given on a per hour basis, except as noted.
24 -35 Supply material and complete work per most recent edition of Caltrans Standard
Plans and Specifications. Costs provided should be on a per unit basis.
36-45 Supply material as needed per job.
46 -49 Supply material and complete Pull Box installation per most recent edition of
Caltrans Standard Plans and Specifications.
50 Supply material and complete installation per most recent edition of Caltrans
Standard Plans and Specifications.
51 Supply labor as required. Material is not included in this price. Cost shall be given
on a unit basis.
51 -52 Supply material and install Telco Pedestal installation per most recent edition of
Caltrans Standard Plans and Specifications.
53 -55 Supply and install pedestrian signal indications, ballasts, and transformers as
they become inoperative or defective. Pedestrian indications shall be per most
recent edition of Caltrans Standard Plans and Specifications.
56 Supply material and complete loop installation per most recent edition of Caltrans
Standard Plans and Specifications.
57 -58 Supply material and complete video detection installation per draft Caltrans
Standard Specifications or most recent edition of Caltrans Standard Plans and
Specifications.
59 Supply material as needed per job.
60 Supply material and complete IISNS Repair per most recent edition of Caltrans
Standard Plans and Specifications.
61 Supply material and complete painting per most recent edition of Caltrans
Standard Plans and Specifications.
62 -64 Supply material and complete underground cable installation in existing conduit
per most recent edition of Caltrans Standard Plans and Specifications.
65 -68 Supply material and complete trenching conduit installation per most recent
edition of Caltrans Standard Plans and Specifications.
69-71 Supply material and complete boring conduit installation per most recent edition
of Caltrans Standard Plans and Specifications.
72 Supply material as needed per job.
73 -82 Supply and install material
83 Supply enough labor to use up one full can of paint
84 Provide full Traffic Signal Turn on Support
85-86 Furnish and Install
ATTACHMENT C-3 - TRAFFIC SIGNAL SYSTEM AND
STREETLIGHT INVENTORY
Base Contract Items*
City signalized intersections to be maintained:
1. Monterey Street and Farrell Avenue, including yellow flashing beacon
2. Monterey Street and Las Animas Avenue
3. Monterey Street and Third Street
4. Monterey Street and Fourth Street/Lewis Street
5. Monterey Street and Fifth Street
6. Monterey Street and Sixth Street
7. Monterey Street and Seventh Street/Old Gilroy Street
8. Monterey Street and Eighth Street
9. Monterey Street and Tenth Street
10. Monterey Street and Luchessa Avenue
11. Santa Teresa Boulevard and Day Road West, including yellow flashing beacon
12. Santa Teresa Boulevard and Day Road East
11 Santa Teresa Boulevard and Sunrise
14. Santa Teresa Boulevard and Longmeadow Drive
15. Santa Teresa Boulevard and Mantelli Drive
16. Santa Teresa Boulevard and Welburn Avenue
17. Camino Arroyo and Sixth Street/Gilman Avenue, including yellow flashing beacon
18. Camino Arroyo and Lindsteadt Way
19. Camino Arroyo and Renz Lane
20. Camino Arroyo and Gilroy Crossing
21. Tenth Street and Chestnut Street
22. Tenth Street and Alexander Street
23. Tenth Street and Church Street
24. Tenth Street and Princevalle Street
25. Arroyo Circle and Leavesley Road, including yellow flashing beacon
26. Arroyo Circle and Camino Arroyo
27. Welbum Avenue and Church Street
28. Cameron Boulevard and Retail Centre
29. Day Road West and Cougar Court, including yellow flashing beacon
30. Third Street and Wren Avenue
-Futute.-.,- ... . ..... ...... . ........ . . -
> Luchessa Avenue and Princeval[0:Street . .. .... . .. .... .......
➢ Cimino Street and Luchessa Avenue
• -o v -v
1. All streetlights within City limits except private streets and as otherwise noted
2. Streetlights along Santa Teresa Boulevard between Third Street and Day Road (West)
EXCEPTIONS
The following streetlights shall not be maintained:
• Streetlights along Santa Teresa Boulevard except as noted above
• Safety lights on all Santa Clara County - maintained traffic signals
• Safety lights on Caltrans- maintained traffic signals
1. Monterey Street between Sixth. Street and Seventh Street/Old Gilroy Street
2. Monterey Street between Seventh Street/Old Gilroy Street and Eighth Street
3. Monterey Street between Sixth Street and Seventh Street
4. Monterey Street between Fourth Street and Fifth Street
REDFASHIIVG,.BEAC4N {C# twr�+ad, i Mairita,ned) : u
Miller Avenue and Third Street
1. Calle del Rey at Red Hawk Drive
2. Calle del Rey at Peacock Court
3. Farrell Avenue at Wren Avenue
4. Farrell Avenue at Church Street
5. Kern Avenue at Greystone Court
6. Kern Avenue at Camrose Court
7, Carmel Street at First Street
8. Carmel Street at Second Street
9. Camel Street at Third Street
10. Third Street at Wren Avenue
11. Third Street at Santa Theresa Drive
12. Murray Avenue at Adams Court
13. Murray Avenue at I.O.O.F Avenue
14. Old Gilroy Street at Seventh Street
15. Old Gilroy Street at Chestnut Street
16. Princevalle Street at Eighth Street
17. Princevalle Street at Ninth Street
Future
Wren Avenue at Byers Street
_ Add - Alternate. Contract, Item. ... ......... .......... .... .......... .. ............................ ............ ....... .......... ..... . _. .... __.
1. Santa Teresa Boulevard — First Street/ Hecker Pass Highway (yellow flashing beacon is
not included in the maintenance of this intersection)
Cabinet J ;Components
Controller
2070E
PPB
Polara APS
Video Detection
Autoscope Solo Terra
EVP :
3M 721 /764(PS)
Cabinet Type
332L
Interconnect :
Copper (4 Pair)
ITS
Devices
Switch
Rugged Com RS90OG
Interconnect
Switch:
Actelis ML600
Other:
Comtrol Master Device
HEAD
Power Injector
MAY I N. L O D E
Wireless Access Point
POLARA APS
PPB
WIRELESS
ACCESS PORT
BI�7_IS�T\:II`.L�ll
768 AUXILIARY
INTERFACE
PANEL
AUTOSCOPE
INTERFACE
PANEL
INTERCONNECT
BOARD
POWER INJECTOR
ACTELIS ML600
�. RS9O0G
MASTER DEVICE
S_-
1 1 LOAD, P£D
INPUTS, PRE,
GENERAL,., FTC.
764 PHASE
SELECTOR
AUTOSCOPE
ACCESSPOINT
POLARA CCU2
ATTACHMENT D
COPPER PATCH
PANEL
TRAFFIC
SIGNALS
-iE) 2 -C
OTHER
INTERSECTION
INTERCONNECT
DRAWN BY: XXXXX
REFERENCE EXAMPLE ONLY - SUBMITTED VERSION MAY CHECKED BY: XXXXX
INCLUDE ADDITIONAL INFORMATION AND MAY BE DIFFERENT. LAST REVISED: XXXXX
COMPANY: XXXXXXX
oG 1OTH STREET AND CHURCH CABINET INVENTORY
UTAGKAM II
721 EVP
DETECTOR
HEAD
MAY I N. L O D E
AUTOSCOPE
CONNECTION CABLE
SOLO TERRA
SCHEDULE.
POLARA APS
PPB
WIRELESS
ACCESS PORT
BI�7_IS�T\:II`.L�ll
768 AUXILIARY
INTERFACE
PANEL
AUTOSCOPE
INTERFACE
PANEL
INTERCONNECT
BOARD
POWER INJECTOR
ACTELIS ML600
�. RS9O0G
MASTER DEVICE
S_-
1 1 LOAD, P£D
INPUTS, PRE,
GENERAL,., FTC.
764 PHASE
SELECTOR
AUTOSCOPE
ACCESSPOINT
POLARA CCU2
ATTACHMENT D
COPPER PATCH
PANEL
TRAFFIC
SIGNALS
-iE) 2 -C
OTHER
INTERSECTION
INTERCONNECT
DRAWN BY: XXXXX
REFERENCE EXAMPLE ONLY - SUBMITTED VERSION MAY CHECKED BY: XXXXX
INCLUDE ADDITIONAL INFORMATION AND MAY BE DIFFERENT. LAST REVISED: XXXXX
COMPANY: XXXXXXX
oG 1OTH STREET AND CHURCH CABINET INVENTORY
UTAGKAM II
ATTACHMENTF — SAFETY — WORKERS' COMPENSATION
EXPERIENCE MODIFICATION RATE STATEMENT
The following information will be used to determine if Contractor meets the minimum safety
requirements for this project.. "1 °o qualify to bid and be awarded the project, the Contractor's
three year average Workers' Compensation Experience Modification, must not be greater than
1.00 (10010). The Contractor shall list its Experience Modification Rate (EMR) for the last three
complete years. ' This information should be available from your insurance carrier.
To verify the above information, the City will contact the Contractor's Workers' Compensation
Insurance carrier. Failure to release this information will result in the bid being non.-responsive
and result in automatic disqualification of the bid.
The * undersigned hereby authorizes the insurance company listed below to release the
information request W. hereon to an authorized City of Gilroy representative.
Workers' Compensation Insurance Company:
Contact Person for Insurance Company:
Insurance Company Contact Person Phone Number:
Zurich American Insurance Company
..................................... ...............................................................
Nicole Orlando
. . . . . . . ...................................... ........................................................................................... . ......
650-413-4294
Signed this 21st day of ................... ........ July 2014
Cal-West Lighting & Signal Maintenance, Inc.
.. . . . ............................. .. ...... . . . .......
Contractor Name ----
. ............................. ................. I .............
Authorized Signature
Craig H. Geis Jr. - President
Title of Signatory
EXHIBIT "C"
MILESTONE SCHEDULE
Regular traffic signal and street light maintenance work will be completed based on the
schedule identified for Routine Preventative maintenance work.
Unscheduled and Emergency traffic signal and street light maintenance work will be
performed based on the schedule identified for Unscheduled Maintenance Items and Response
Times.
The speck scheduling information can be found in Exhibit "B" scope of services
section.
EXHIBIT "D"
PAYMENT SCHEDULE
Please see attachment "C -1" from Cal -West Lighting & Signal Maintenance proposal.
280706
A� �® CERTIFICATE OF LIABILITY INSURANCE
DATE
10 /6/2 D/YYYY)
10/6!2014.
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.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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).
PRODUCER
Construction & Real Estate Practice
CONTACT
PHONE FAX
A/C No : (866) 358 -1487
Wells Fargo Insurance Services USA, Inc. - CA Lie#: OD08408
959 Skyway Road
EDMDAILSS: CBrtRequeStS @wellsfargo.com
INSURERS AFFORDING COVERAGE
NAIC #
San Carlos, CA 94070
INSURER A: Zurich American Insurance Co
16535
INSURED
Cal -West Lighting & Signal Maintenance
INSURER 8: Westchester Surplus Lines Ins. Co.
10172
INSURER C:
PREMISES TO RENTED
PREMISES Ea occurrence)
PO Box 612035
INSURER D:
MED EXP (Any one person)
INSURER E:
San Jose CA 95161
INSURER F:
COVERAGES CERTIFICATE NUMBER: 8262639 _ REVISION NUMBER: See below -
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 THIS
CERTIFICATE 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.
INSR
LTR-
_ _ TYPE OF INSURANCE
ADDL
1=
SUBR
WVD
-
POLICY NUMBER
POLICY EFF
MMIDD
- POLICYEXP
MMIDD
LIMITS
A
X
—
COMMERCUIL GENERAL LIABILITY
CLAIMS -MADE � OCCUR
X
GLA931895803
10/1/2014
10/1/2015
EACH
$ 1,000,000
PREMISES TO RENTED
PREMISES Ea occurrence)
$ Mum
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
POLICY [K] JECT a LOC
PRODUCTS - COMP/OP AGG
$ 2,000',000
$
OTHER:
A
AUTOMOBILE
LIABILITY
X
GLA931895803
10/1/2014
10/1/2015
COMBINED SINGLE CIMIf Ea accident)
$ 1,000;000
X
BODILY INJURY (Per person)
$'
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident)
$
X
PROPERTY DAMAGE
eracd
$
HIRED AUTOS X NON -OWNED
AUTOS
UMBRELLALUIB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAR
CLAIMS -MADE
DED RETENTION $
$
A
WORKERS COMPENSATION Y / N
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER /EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory In NH)
NIA
WC931895903
10/1 /2014
10/1 /2015
X STATUTE ERA
E.L. EACH ACCIDENT
1,000;000
$
E:L. DISEASE- EA EMPLOYEE
_
$ 1,00000
It yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - ',POLICY LIMIT
$ 1,000,000
B
Pollution & Professional
G27512562001
10/01/2014
10/01/2015y
$1,000,000 Per occurence
$2,000,000 Per Aggregate
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required)
U -GL- 1175 -D CW 10111,CA20480299 Re: Traffic Signal Maintenance Services in the City of Gilroy
City of Gilroy, its officers, and employees is named as additional insured as respects general liability and automobile liability per endorsements attached.
a.crc I rrn.r+ t c nvL.vr:rc
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020 -6141
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
fhe ACORD name and logo are registered marks of ACORD
ACORD 25 (2014101)
(TNe cenmwte replaces certMmtep 8282015 Wued m 10/8/2014)
@ 1988 -2014 ACORD CORPORATION. All rights reserved.
Additional Insured — Automatic — Owners, Lessees Or
Contractors
ZURICH'
Policy No.
Eff. Date of Pol.
Exp. Date of Pol.
Eff. Date of End.
Producer No.
Add'I. Prem
Retum. Prem.
G LA931895803
10/1/2014
10/1/2015
10/1/2014
Named Insured:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Cal -West Lighting & Signal Maintenance
Address (including ZIP Code): Po Box 612035
San Jose CA 95161
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II — Who Is An Insured is amended to include as an insured any person or organization who you are required
to add as an additional insured on this policy under a written contract or written agreement.
B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property
damage" or "personal and advertising injury" covered under Section I — Coverage A — Bodily Injury And Property
Damage Liability and Section I — Coverage B — Personal And Advertising Injury Liability, but only with respect to
liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
and resulting directly from your ongoing operations or "your work" as included in the "products- completed operations
hazard ", which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of Paragraphs A. and B. above:.
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or organization
in the written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of
a. The Limits of Insurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract orwritten agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render
any professional architectural, engineering or surveying services including:
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and
2. Supervisory, inspection, architectural or engineering activities.
U -GL- 1175 -D CW (10/11)
Page 1 of 2
Includes copyrighted material of Insurance Servlces Office, Inc., with Its permission.
E. The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement
requires that this coverage be primary and non - contributory.
F. For the coverage provided by this endorsement:
1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Commercial
General Liability Conditions:
This insurance is primary insurance as respects our coverage to the additional insured person or organization,
where the written contract or written agreement requires that this insurance be primary and non - contributory with
respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek
contribution from any other such insurance policy available to the additional insured on which the additional
insured person or organization is a Named Insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial
General Liability Conditions:
This insurance is excess over
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured on another policy
providing coverage for the same "occurrence ", offense, claim or "suit". This provision does not apply to any policy
in which the additional insured is a Named Insured on such other policy and where our policy is required by
written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which. endorsement applies specifically to
that identified additional insured.
All other terms and conditions of this policy remain unchanged.
U -GL- 1175 -D CW (10/11)
Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc,, with its permission.
POLICY NUMBER: GLA931895802
COMMERCIAL AUTO
CA 20 48 02 89
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by this endorsement..
This endorsement Identifies person(s) or organizations) who are 'Insureds" under the Who Is An Insured Provision
of the Coverage Form. This endorsement does not sitar coverage provided in the Coverage Form.
This endorsement changes the policy effective on the Inception date of the pciicy unless another date is indicated
below.
red: red:
thHnn R Cinnal Main+ananna Ina.
SCHEDULE
me of Person(s) or Organi
required by written contract
(if no entry appears above, Information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that
person or organization qualifies as an "insured" under the, Who Is An Insured Provision contained in Section II of
the Coverage Form.
Copyright, Hawaii Insurance Bureau, Inc., 1999
Includes copyrighted material of the
Insurance Services Office, Inc., with its permission
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1999
CA 1028 (2 -99)
Page 1 of 1
Wells Fargo Insurance
135o Treat Blvd., Suite 550
Walnut Creek, CA 94597
wellsfargo.com /wfis
September 18, 2014
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
RE: Cal -West Lighting & Signal Maintenance Professional Liability
To Whom It May Concern:
Wells Fargo Insurance Services USA, Inc. is the insurance broker for Cal -West Lighting & Signal
Maintenance, Inc. The purpose of this letter is to inform you that we are currently in the process of
procuring the request professional liability as outlined within the Agreement for Services dated October
14, 2014.
We anticipate the process to take approx. 5 business days to complete. Once completed, we will provide
the City of Gilroy with the proper paperwork outlining the procurement of the requested professional
liability.
Should you have any further questions or concerns pertaining to the information provided within this
letter, please do not hesitate to our office directly, 925 - 280-2732.
Sincerely,
z<
Mark rtwright, CRIS
Account Executive
Construction & Real Estate Practice
Together we'll .. far
CITY OF GILROY BUSINESS LICENSE APPLICATION FORM
7351 Rosanna Street Finance To Fill In:
Gilroy, CA 95020 -6141 Business ID # #1
(408) 846 -0420 Fax (408) 846 -0421 License ID#
Please complete hot It sides of this form and the supplemental form. Omissions or misrepresentations will immediately cause revocation of this license. Sales or use tax out apply to
your bUSII1e55 acliviIics. You may seek advice regarding the application of tax to your particular business by contacting the nearest State Board of Equalization Office.
Procedure: Fach division in the sequence listed must sign the back of this application font. A business license must be issued before starting your business activity. Ifyour business rcquiros
any other pemtits or licenses, you may not open your business until the required pennits have been obtained. Commercial businesses please complete the "SUPPLEMENTAL FORM ".
ADA NOTE: Do you have a qualified disability for which you request an accommodation? (Circle one) -YkS NO
II'yes. what accommodation do you desire''
Regulatory Inspection /Review Fees:
Codes
New /Moved -Home Occupation $ 70.00 + $ 1.00 State Feet'. (2602 $70,2615 $1)
New /Moved -Other $120.00- $370.00 + $ 1.00 State Feet 1 (2603 $120, 2607 $130, 2609 $120, 2615 $1)
New /Moved - Regulated $190.00 - $560.00 + $ 1.00 State Fee-r-! (2603 $120, 2607 $130, 2608 $190, 2609 $120, 2615 $1)
Out -of -town business $ 30.00 + $ 1.00 State Feet -r 31 (2604 $30, 2615 $1)
Pretreatment /CUPA Review $ 40.00 (2611)
Change $ 15.00 % O (2601) (excluding changes in ownership)
Business License Fees- See Fee Schedule
Other Licenses /Permits (Fire /Hazmat /PD)
TOTAL FEES: $
THIS BOX TO BE COMPLETED BY FINANCE:
___Business is located within the city limits ✓Business is located outside the city limits
__ _Non - exempt business Misc. business
New business Change of ownership Change in location
Exen'1pt business (Non - profits must attach copy of certification) Home Occupation
CONTRACTORS LOCATED OUTSIDE OF GILROY CITY LIMITS COMPLETE THIS BOX /"rr
STATE LICENSE # 9; -A I `�j p I CLASS L - 10 EXPDATE: U/ j /�, L��t
(Julv,Aug, Sep, Oct, Nov,De(- .June) (Jan,Feb.Mar -June) (Apr,May,June -Sep) (July, Aug, Sep -Dec) (Ocl,Nov,Dee -Mar)
Yearly $150_____ Semi - Annual $90 Semi - Annual $90 Semi - Annual $90 $90
BUSINESSES COMPLETE THIS SECTION:
BUSINESS TYPE (check one) : ( ) SALESICOM. LEASE /MEMBERSHIPS /ALL OTHER- Annual gross receipts $
( CONTRACTOR ( ) PROF ( ) MASSAGE ( ) APTS (# units) TRANSIENT NON - PROFIT /EXEMPT_
( ) SERVICE ( ) VENDING MACHINE(S) ( #) ( ) DELIVERY VEH(S) ( #) TAXI CABS( #)
OWNERSHIPTYPE (circleone) SOLE PROPRIETORSHIP PARTNERSHIP (ORPORATION l TRUST
HOME -BASED BUSINESS? (circleone) YES NO
BUSINESS DESCRIPTION: t �� Ckr i u ( (.vn �+ro. G {V 2 START DATE: II)
I On September 11), 2012 Govern& Brown signed into law SB 1186 which adds a state fee of $1 on any applicant for a local business license or similar
❑uuuntent or permit, or renewal thereof. The
purpose is to increase disability access and compliance with construction- related accessibility requirements
and to develop educational resources for businesses in order to facilitate compliance with federal and state disability laws, as specified.
l n11.r ICdrral sold stair law, Compliance with
disability access laws is a serious and significant responsibility
that applies -to all Calif ,rnid huilslinc
-
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-
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FEDERAL TAX ID •
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APPLICANT:
Uj Cl- ¢ ° Cr = C-).a -a ttj = tjj en
x
Iu W L.) �
rev.7/ 1 /2014
Fonn W'9
Request for Taxpayer
Give Form to the
(Rev. December 2011)
Identification Number and Certification
requester. Do not
send to the IRS.
Department of the treasury
Internal Revenue Service
Name (as shown on your income tax return)
CAL -WEST LIGHTING AND SIGNAL MAINTENANCE, INC.
N
Business name / disregarded entity name, if different from above
N/A
a
c
Check appropriate box for federal tax classification:
°
❑ Individual/sole proprietor ❑ C Corporation Q S Corporation ❑ Partnership ❑ Trust /estate
y e
C W
°
to
❑ Exempt payee
❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P =partnership) ►
p=, ;
❑ Other (see instructions) ►
!E
Address (number, street, and apt. or suite no.)
Requester's name and address (optional)
U
MAILING: P.O. BOX 612035 PHYSICAL: 530 N. MARBURG WAY
City, state, and ZIP code
SAN JOSE, CA 95161 -2035 SAN JOSE, CA 95133
List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
I social security number
to avoid backup withholding. For individuate, this is your social security number However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
pag
-
m
_
entities, it is vour employer identification number (EIN). If you do not have a number, see How to Aet a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been noted by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, Rem 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 4.
ar r
Signature Of
Here u.s. person ► Date ►
General Instructions U
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
Note. If a requester gives you a form other than Form W -9 to request
your TIN, you must use the requester's form if it is substantially similar
to this Form W -9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners' share of income from such business.
Further, in certain cases where a Form W -9 has not been received, a
partnership is required to presume that a partner is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United
payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W -9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income.
is not subject to the withholding tax on foreign partners' share of
effectively connected income.
Cat. No. 10231X Form W -9 (Rev. 12 -2011)