HomeMy WebLinkAboutCal-West - Traffic Signal and Streetlight Maintenance and Repair Services (2019)AGREEMENT FOR SERVICES
19-RFP-PW-426 Traffic Signal and Streetlight Maintenance and Repair Services
This AGREEMENT made this 1 St day of July, 2019, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Cal -West Liahtina & Si2nal Maintenance. Inc., having a principal place of
business at 530 North Marburg Wv, San Jose, CA 95133.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 7/1/2019 and will continue in effect through 6/30/2022
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. .a
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.
4835-2267-0361v1 _1
LAC104706083
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 4. 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 $918,630.00 ($306,210
annually).
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
4835-2267-0361 v1 _2 _
LAC104706083
responsible for any expenses incurred by CONTRACTOR in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE 5. 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
As to all 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,
including the loss of use thereof. 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.
4835-2267-0361 v1 _3
LAC104706083
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.
ARTICLE 6. 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 7. 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.
4835-2267-0361 v1
LAC104706083
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
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.
4835-2267-0361v1
LAC104706083 - 5 -
ARTICLE S. 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.
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.
4835-2267-0361 v1
LAC104706083
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.
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.
4835-2267-0361v1
LAC104706083 "7"
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.
By./,, 4
Name: Cram H. Geis, J
Title: President
Social Security or Taxpayer
Identification Number 20-1716563
Approved art toFbr
City Attorney
4835-2267-0361 v1 _ g-
LAC104706083
CITY:
CITY OF GILROY
By: .
Name: Gabriel A. Gonzalez
Title: City Admistrator
EXHIBIT "A"
SPECIFIC PROVISIONS
I. 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 Cram 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, Soknirorn
Than 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 detennination 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.
4835-2267-0361v1
LAC104706083
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.
4835-2267-0361 v1 -2-
LAC104706083
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.
4835-2267-0361v1
LAC104706083 -3 -
H. NOTICES.
Notices are to be sent as follows:
CITY: Nirorn Than
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: Craig H. Geis Jr.
Cal -West Li2htin2 & Signal Maintenance, Inc.
530 North Marburg Wav,
San Jose, CA 95133
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.
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.
4835-2267-0361v1
LAC104706083 -4 -
J. PREVAILING WAGE
CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to what
extent, any work performed is or any workers employed relative to any construction to be performed
under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and other Regulations
and established policies of CITY and the laws of the State of California and the United States,
including, without limitation, the California Labor Code and Public Contract Code relating to public
contracting and prevailing wage requirements ("Prevailing Wage Laws"). To the extent Prevailing
Wage Laws apply to work performed or workers employed for the purpose of performing work under
this Agreement, CONTRACTOR shall fully comply with and ensure that all workers and/or
subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any
applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the
regulations thereunder, which require the payment of prevailing wage rates based on labor
classification, as determined by the State of California, and the performance of other requirements on
certain "public works" or "maintenance" projects. It is the duty of CONTRACTOR to post a copy of
applicable prevailing wages at the job site. Prevailing wage information may be obtained at
www.dir.ca.gov.
4835-2267-0361v1
LA004706083
-5-
EXHIBIT "B"
SCOPE OF SERVICES
Traffic Signal Maintenance
• 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
• Signal Timing Update
Street Light Maintenance
• Street Light Routine Maintenance and Outages Reporting
• 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 comprises of on -call, non -routine, as directed, and
emergency response work, is performed by the traffic signal system and streetlight maintenance
contractor (Contractor) selected as a result of this RFP. These works include but are not limited
to:
1. Installation of traffic signs onto traffic signal equipment
2. Communication troubleshooting/repair/installation
3. Underground Service Alerts (USA) for traffic signals
4. Inputting signal timing changes
5. Plan review of traffic signal design prepared by others
6. Review of shop drawings for traffic signal equipment
7. Traffic signal construction inspection
8. Other traffic signal system -related work
9. Testing of streetlight poles for structural integrity
10. Underground Service Alerts (USA) for streetlights
11. Numbering of streetlight poles
12. Review of shop drawings of street light equipment
13. Street light construction inspection
14. Other streetlight -related work
4835-2267-0361v1
LAC\04706083
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 checklists that are maintained and updated regularly.
The City intends to utilize Cityworks as a public asset management program in the future. The
contractor's Online Maintenance System shall have the capability to integrate or export its data
to the City's asset management program. The cost to export or integrate the two systems shall
be negotiated between the selected Contractor and the City on a time and material basis.
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, but are not limited to, 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. Pedestrian head maintenance
8. Battery Back-up System (BBS) repairs, replacements, or installations of a new units.
9. Intersection rewiring and cable pulling
10. Any and all parts of controller mechanism
11. Concrete and foundation repairs
12. Traffic signal pole or equipment replacement
13. Other traffic signal system -related work
14. Streetlight pole or equipment replacement
15. Replacement of lamps and/or photoelectric cells
16. Traffic signal detector maintenance and/or replacement
17. Other streetlight -related work
18. Repair and replacement of Internally Illuminated Street Name Signs (IISNS) and LED
street name signs
19. Streetlight pole painting
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 any non -routine work
items. 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 be signed and accepted by the City prior to commencement of work.
During an emergency situation, the Contractor shall complete the work authorization form and
submit to the City within 24-hr of work completion. 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
proposals. 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. For sample form, see "Attachment H."
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.
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 forty eight (48) 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 Preventive Maintenance shall be performed by the Contractor responsible for
preventative maintenance and the associated operation of streetlight equipment, equipment
associated with RRFB crosswalks, flashing beacon apparatus, and traffic signal controllers and
cabinet equipment.
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, WAP, Traffic Loops,
pole data and etc. This work shall be done in conjunction with the first routine preventive
maintenance and at no additional cost to the City.
2.2 Traffic Signals, RRFB Crosswalks, Solar Speed Signs, and Flashinq Beacons
The Contractor agrees to the following preventative maintenance schedule for traffic signals,
RRFB crosswalks, and flashing beacons to be paid at the rate identified in C-1 Items:
Monthly Routine Maintenance
• 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)
• Visually inspect all detections (Video, loop, and etc.)
• 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 RRFB flashing crosswalk, including associated sign, for proper
operation
• Record RRFB crosswalk results on monthly inspection with recommendations to the
City by location (See Task 4 — Reports for additional requirements)
• Night checks of all streetlight within the City limit per the "Street Light Night Check
Zones". The contractor shall check one(1) zone per month. There are 8 zones total.
• Record results on streetlight monthly inspection with recommendations to the City by
location address, and pole number.
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 monthly 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 BIBS 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)
• 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.
• 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.
• 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
month 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 five (5)
working days 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 monthly during non -daylight hours as follows:
• Contractor shall submit with this proposal a Zone Map dividing the city (within the
City Limit) into six (6) zones. The City has attached an example of the zoning map
for the contractor used. The contractor may use this zone map.
• Contractor shall submit with this proposal a schedule for conducting night (non -
daylight hour) checks in the 6 zones.
• Contractor shall submit an action plan of keeping track of the City's complete
streetlight inventory.
• Contractor shall check each streetlight, safety light, and IISNS (if applicable) in the
assigned zone for the corresponding monthly check during non -daylight hours for
outages, pole condition, and/or minor tree timing needs monthly.
• Contractor shall maintain and submit a monthly 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 Emeraencv Response (one hour maximum response time)
This item is considered to be a safety concern. When notified by the City to respond to an
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 (24 hours 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 24 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.
3.2.1 Standard Hiqh Prioritv Response (same day response time)
This item is considered high priority but not an immediate safety concern. Maintenance and
repair requests made on a high priority basis shall be responded to the same day as the
notification. High priority items will be determined by the City Engineer or his/her representative.
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, and 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 specific 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 (10) 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:
TRAFFIC SIGNALS, RRFB 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 corner 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 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
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 (Daily)
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 5 — 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.
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.
PROGRAM REC�UI.RE_MENT _... h
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 the latest CA MUTCD, 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 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 the latest CA MUTCD, 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.
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 any way, 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 RRFB 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 RRFB
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 notified.
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 notified.
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.
EXHIBIT "C"
MILESTONE SCHEDULE
4835-2267-0361v1
LACk04706083
EXHIBIT "D"
PAYMENT SCHEDULE
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 proposal. 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 proposal shall be complete and final. No other charges shall be permitted other than
those stated in the Contractor's proposal.
The Contractor shall be compensated at cost plus fifteen (15) percent for all material supplies
not specifically included in the below rate sheet. 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.
4835-2267-0361v1
LAC104706083
See Attachment "C-3" for a detailed inventory (and general exceptions) of the following items:
MONTHLY MAINTENACE ESTIMATED QUANTIP4COST UNU
Base Contract Items:
1. Traffic Signal Maintenance (Monthly)
(City Owned and Maintained)
2. Traffic Signal Maintenance (3-Month)
(City Owned and Maintained)
3. Traffic Signal Maintenance (6.-Month)
(City Owned and Maintained)
4. Traffic Signal Maintenance (Annually)
(City Owned and Maintained)
5. RRFB Crosswalk
Maintenance
(City Owned and Maintained)
6. Flashing Red Beacon Maintenance
(City Owned and Maintained)
7. Flashing Yellow Beacon Maintenance
(City Owned and Maintained)
8. Solar Speed Urnit Radar Signs
9. Traffic Signal Maintenance (Monthly)
(Caltrans Owned/City Maintained)
34 intersections/month
$ 80.00
$2720.00
34 intersections/month
$ 0.00-included
(Add -on Cost to item 1)
$ 0.00-indUded
34 intersections/month
$ 0.00-included
(Add -on Cost to itern 1, 2)
$ 0.00-included
34 intersections/month
$ 0.00-included
(Add -on Cost to itenn 1, 2, 3)
$ 0,00-included
5 flashing ),,-walk/rrionth
$ 45,00
$ 225,00
I flashing beacon/month $45.00
$ 4.5.00
17 flashing beacon/month $ 45,00
s 76,9.00
4 Solar Radar Sign/month $ 70.00
s 280.00
11 intersectionsh-nonth J; 80.00
$880.00
PER EACH
EXT. COST
PER EACH (R)
EXT. COST
PER EACH (R)
EXT. COST'
PER EACH (R)
EXT. COST
PER EACH
EXT. COST
PER EACH
EXT. COST
PER EACH
EXT. COST
PER EACH
EXT, COST
PER EACH
EXT. COST
10. Traffic Signal Maintenance (3-Month)
11 i n1tersecti o ns /month
$_O.�O-included "
PER EACH (R)
(Caltrans Owned/City Maintained)
(Add -on Cost to item 9)
$_2,00-.Included
EXT. COST
11. Traffic Signal Maintenance (6-Konth)
I I iniersectionsh-nonth
$ 0.00-included
PER EACH (R)
(Caltrans Owned/City Maintained)
(Add -on Cost to item 9, 10)
$ 0.00-included
EXT, COST
12. Traffic Signal Maintenance, (Ant-IL18, lly) 11 infersections/month $ 0,00-111CAUded PER EACH (R)
(Caltrans Omined/City Maintained) (Add -on Cost to item 9, 10, 11) $ 0.0c)-included EXT. COST
13. Streetlight Night Check Per Zone 1 zone/month $ 950.00 PER EACH (R)
(City maintained)
14. USA Marking (streetlight and signal) 1 each (Marking/Rennark only) $55.00 PER EACH
(Caltrans/City Maintained) (Assume 100 locationsirrionth)* $5500,00 EXT, COST
SubtotW 11,365.00 (Eleven thousand three hundred sixty-five dollars} per month
(R) - denotes revocable items, City n-pay elect to revoke this items at any timpe.
* - Actual count varies (actual cost shall be based on unit price)
1� 101PU954AU r3lt, allib-1-
See Attachment "D" for a description of the following items:
EQUIPMENT
COST
UNIT
1.
Service Truck ............. ........... ....................
$ 5.00 T
PER HOUR
2.
Sentice Truck with arrow board ....................................
$ 5.00
PER HOUR
3.
Arrow Board ...................................................
$ 0,00/No Charge
PER HOUR
4.
Dump Truck ............................................................
$ 30.0 - 0
PER HOUR
5.
Air Compressor.. . ........ ................ ......................
$ 0.00/No Charge
PER HOUR
6.
BLIcket Truck ........... --- ...... ........................ ..........
$ 30.00
PER HOUR
7.
Boom Truck ............. ...... ............................
$ 30.00
PER HOUR
8.
Concrete Saw ............................................................
$ 0.00/No Charge
PER HOUR
9.
Lighting Trailer ............... ..................... .............
$ 0,00/Nlo Charge
PER HOUR
PERSONNEL
COST
UNIT
10.
Field Technician Supervisor - Regular
$_125.00
PER HOUR
11,
Field Technician Supervisor - Overtime
$200-00
PER HOUR
12.
Electrical Technician - Regular
$125,00
PER HOUR
13.
Electrical Technician - Overtime
$200,00
PER HOUR
14,
Traffic Technician - Regular
$125,00
PER HOUR
15
Traffic Technician - Overtime
$200-00
PER HOUR
16,
Field Technician - Regular
$75.00
PER HOUR
17.
Field Technician - Overtime
$105.00
PER HOUR
18.
Crane Operator - Regular
$125.00
PER HOUR
19,
Crane Operator - Overtime
$200.00
PER HOUR
20.
Engineering Technician
$ 125M
PER HOUR
21,
GIS Specialist
$ 125Mj
PER HOUR
22.
Traffic Engineer/ Electrical Engineer
$165.00
PER HOUR
23,
Clerical Suppoil
$60.00
PER HOUR
REPAlRS
COST
UNIT
24.
'Turned Signal Head
$80.00
PER EA(]II
25.
Turned Signal Head - Overtime
$450M
PER EACH
26,
Turned PED Head
$80,00
PER EACH
27.
Turned PECK Head - Cave ilinie
$450-00
PER EACH
28.
Loose Back Plate
$80,00
PER EACH
29.
Bulb Call
$ 80M
PER EACH
30.
Bulb Call - Overtime
$450.00
PER EACH
31,
LED Lamp Out
$ 170M
PER EACH
32.
LED Lamp Out -- Overtime
$500.00
PER EACH
33.
Re -splice Loop
$105.00
PER EACH
34.
Epo),,,y Loop
$126.00
PER EACH
35a.
Fiber Optic Fusion Splicing (single mode)
$170.00
PER STRAND
35b.
Fiber Optic Fusion Splicing (multimode)
$170.00
PER STRAND
36.
Type 1 -A Pole (10' or 7)
$650,00
PER EACH
37.
5 Section 12" Signal Head (including reflector, lamp, visor
8t back plate)
$730.00
PER EACH
38.
MA S 5-Signal Head
$800.00
PER EACH
39.
3-section 12" signal head
$400,00
PER EACH
40.
3-section 12" arrow signal head
$390.00
PER EACH
4.1.
Signal mount, pole
$200.00
PER EACH
42,
Signal mount, mast arm
$95,00
PER EACH
43a.
Pedestrian Push button assembly (side Mount,)
$70.00
PER EACH
43b.
Pedestrian push button assembly (top mount)
$70.00
PER EACH
44a.
PP13 housing and sign (side mount)
$80.00
PER EACH
4.4b.
PPP housing and sign (top mount)
$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
$400-00
PER EACH
49,
Pull box #7E
$400.00
PER EACH
50.
Type I II 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
53�
4094-D (ICC) type G intni. Neon ped head
$ n/a
PER. EACH
54
PED Mod Kit Installed
$225.00
PER EACH
55.
Loop installation (6)(6) - single
$650,00
PER EACH
56.
Loop installation (6)(6) - Series of 44 Loops
$_2400.00
PER EACH
57.
Video Detection (Autoscope) - One camera + mini hub
$ *see beloru
PER EACH
58.
Video Detection (Autoscope) - four carneras + mini hub
$*see below
PER EACH
59.
Stub out installation
$80.00
PER EACH
60.
IISNS Repair
$250.00
PER EACH
61.
Signal/Ped Head painting
$100.00
PER EACH
62.
'12 pair cable (pe22) installed/ 100'
$600,00
PER 100'
63.
25 pair cable (pe22) installed/ 100'
$700.00
PER 100'
64,
OSP Cat5e Cable installed/ 100'
$ F)00,00
PER 100'
65,
Trench 1.5" conduit installed/ 100'
$ 3200,00
PER 100'
66.
Trench 3,0" conduit installed/ 100'
$ 3400.00
PER 100'
67.
Trench colored quad-dUCt, schedule 40/ '100'
$ 3900-00
PER 100'
68.
QUad-Duct: schedule 40 installed in open trench by dug by others
$ 1000,00
PER 100'
69.
Bore 1.5" conduit 100'
$ 4000,00
PER '100'
70.
Bore 3.0" conduit 100'
$ 4300.00
PER 100'
71.
Bore- colored quad -duct, Schedule 40, 100'
$ 4800.00
PER 100'
72.
70-watt HP S lamp
$11.00
PER EACH
73.
100-watt HPS lamp
$11.00
PER EACH
74.
Tape Shield
$50.00
PER EACH
75.
Flat Lens
$60,00
PER EACH
76.
Leotek 20F LED fixture ('furnish and install)
$'see below
PER EACH
77.
Leotek 30F LED fixture (furnish and install)
$ *see below
PER EACH
78.
Leotek 40F LED fixture (furnish and install)
$ *see below
PER EACH
79.
Leotek 601= LED fixture (furnish and install)
$ *see below
PER EACH
80.
LeotebE0FLED fixture (brn|ehand install)
$`seebelow
PER EACH
81�
Leohah 1OOF LED fixture (furnish and install)
$ °aae below
- PER EACH
82.
Leotek 120F LED fixture (furnish and install)
$ `oee below
PER EACH
83.
King Lurnina|na LED Decorative Fixtune (funliah and Install)
$°oee below
PER EACH
84.
New Signal Turn On SupporJ
$155,00
PER HOUR
85.
Furnish and Install Anti -Theft PuU Box Lid
$380OO
PER EACH
86.
Tape Prognsrnmed Visibility Head Kit
$1O0,0O
PER EACH
87.
Furnish and install ebeei|ight photoelectric cells
$85.00
PER EACH
'All vendor documentation and/or invoic-ing shall be forwearded to the City UpOf-I reClLiest.
Subcontractor Fee Schedule
Work Type
Project Management/Design
Expert Witness -Field IO«enhn@tioDS/R8V8w
Expert Witness -Deposition
Expert Witness - Court Testimony
Traffic Handling Plans -Standard
Traffic Handling Plans -48 Hour RUSH
Traffic Handling Plans -SigD8g8& Striping
Traffic Handling Plans - Traffic Signal MOdifiCGtOOS
Hourly Rate
$181.50
$214.50
$324.50
$544.50
Traffic Signal Design — Includes Electrical Field Investigation
Flat Rate per Sheet/Project
Traffic prov de� a dctaUed work scope for revievv and approval by dien-us p,iur to the start mf \/vork.
Work Scopes uretaiiupedtomend �ctprojectbud��oagoa|s,
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 only. Installation shall be given on a per hour basis.
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
-C -.-()srjOjA v4s
IN