Emeryville City Council
June 17, 2025

CALIFORNIA

MAINTENANCE SER VICES CONTRACT

FOR CITY USE ONLY
Contract No. CIP No.

Resolution No. Project No. REV01/2025
THIS MAINTENANCE SERVICES CONTRACT (“Contract”) is made and entered into as of ____________________ (“Effective Date”) by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and DC ELECTRIC GROUP, INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties.”

WITNESSETH THAT
WHEREAS, Contractor submitted a proposal for on-call traffic signal and streetlight maintenance services, and
WHEREAS, City has determined that Contractor is qualified by training and experience to render such services; and
NOW, THEREFORE, the Parties mutually agree as follows:

1. AWARD OF CONTRACT

1.1 Contract Documents
The Contract Documents shall include this Contract, including all exhibits attached hereto, and any Plans and Specifications, Notice to Contractors, Contractor’s Proposal, Addenda and Change Orders. In the event of any conflict between the printed provisions of this Contract and those of Contractor’s offer of acceptance, the provision of this Contract shall prevail.

1.2 Scope of Work
In conformance with the Contract Documents, Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship and disposal required in order to provide the maintenance services (“Work”) as described in Exhibit A, attached hereto. Any quantities for work are estimates. The City does not guarantee any level of work under this Contract. The City, in its discretion, reserves the right to hire or contract with others to do the work set forth in the Contract.

1.3 Price
A. The Contractor shall be compensated for Work in accordance with the lump sum and rates set forth in Exhibit A. The specified compensation will stay in effect for the duration of this Contract. Should the Contractor fail to perform the Work in accordance with the Contract, a corresponding deduction in any recurring amounts owed under Exhibit A will be made by the City.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

B. Overtime rates for extra work, if any, shall be charged as specified in Exhibit A.

C. The total amount to be paid under this Contract shall not exceed the sum of

ONE MILLION ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS
AND NO CENTS ($1,125,000.00) (“Total Compensation”). An allowance in an amount not to exceed FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($500,000.00) is included in the Total Compensation for extra work as described in Exhibit A should it be needed. The Contractor shall not perform any extra work unless approved in writing by the City Public Works Director.

1.4 Payment
Contractor shall invoice City not more frequently than once a month for the Work performed. Compensation shall be paid to Contractor upon receipt and approval by City of invoices setting forth in detail the Work performed. City shall pay Contractor within forty-five (45) days after approval of the invoice by City staff.

1.5 Term
This Contract shall begin on the Effective Date and shall terminate on JUNE 30, 2028.

1.6 Annual Compensation Adjustment
This Contract  is /  is not awarded pursuant to a request for qualifications or proposals, seeking a multi-year contract. If this Contract is awarded pursuant to a request for qualifications or proposals, the Contractor may increase its rates at a percentage no greater than the percent increase in the March to March San Francisco/Oakland Metropolitan Area Consumer Price Index as released by the United States Department of Labor on a yearly basis with a maximum inflation increase of 5% per year, upon written notice to the City at least sixty (60) days in advance of the new rates taking effect.

2. PROSECUTION OF WORK

2.1 Change Orders
City may, without notice to any sureties, and without invalidating the Contract, at any time: a) make alterations, deviations, additions to or deletions from the Contract Documents; b) increase or decrease the quantity of any item or portion of the Work; c) delete any item or portion of the Work; or d) require extra work, as determined by City to be necessary or advisable. All such Work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered. Any such changes in the Work will be set forth in a written change order issued by City (“Change Order”).

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

The Change Order will specify:

A. The Work to be done in connection with the change to be made; B. The amount of the adjustment of the lump sum and rates set forth in Exhibit A and Total Compensation, if any, and the basis for compensation for the Work ordered; and
C. The extent of the adjustment in the time specified for performance of Work, if any.

A Change Order shall not become effective until it has been signed by the Director of Public Works. Upon receipt of an approved Change Order, Contractor shall promptly proceed with the ordered Work, unless otherwise provided in the approved Change Order.

No changes or deviations from the Contract Documents shall be made without the authority of an approved Change Order, except that in cases of emergency the Director of Public Works may direct a change in writing. A Change Order increasing the Total Compensation under the Contract requires a written amendment to the Contract.

Whenever it appears to Contractor that a change is necessary, Contractor shall immediately notify the Director of Public Works of the change it believes necessary and the reasons for such change; however, work in the area affected shall not be discontinued unless ordered by the Director of Public Works.

2.2 Public Convenience
Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and it shall have under construction no greater length or amount of Work than it can prosecute properly with due regard to the rights of the public. Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to owners of abutting property. Convenient access to driveways, houses and buildings along the line of work shall be maintained, and temporary approaches to roads or highways shall be provided and kept in good condition.

2.3 Safety Requirements
Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the prosecution of the work and all such costs shall be included in the Contract price. Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

2.4 Inspection
All authorized representatives of City shall have access to the Work. Work and materials not meeting the requirements of City shall be corrected, and unsuitable Work or material may be rejected. Failure on City’s part to reject nonconforming Work shall not be construed to imply acceptance of such Work. Observation by City of the Work shall not relieve Contractor of its responsibility to conduct its own comprehensive inspections of the Work and to furnish materials and perform work in accordance with the Contract Documents.

2.5 Termination

2.5.1 Termination for Cause
City shall have the right to terminate Contractor’s right to proceed with some or all of the Work and may terminate this Contract for default by providing written notice thereof at least five (5) calendar days in advance of the termination date. The term “default” includes, but is not limited to: a) performance of Work in violation of the terms of the Contract or other applicable law, order, regulation, permit or requirement; b) abandonment; c) assignment or subletting without City approval; d) bankruptcy or appointment of a receiver for Contractor’s property; e) refusal of failure to properly prosecute the Work; f) use of materials, supplies, plant or equipment of improper quality or quantity; g) refusal or failure to use an adequate number of properly skilled workers; h) failure to provide proper workmanship; i) failure to take effective steps to end a labor dispute; j) performance of this Contract in bad faith or k) failure to pay subcontractors.

Upon such termination, City shall have the right to complete the Work, or the portion involved, by whatever means and methods it deems expedient, at the Contractor’s expense which the City can deduct from any amounts due Contractor. City at its sole discretion may withhold any payment otherwise due Contractor until completion and final settlement of the Work covered by the notice of default.

2.5.2 Termination without Cause
City may also terminate the Contract for convenience if in the best interests of City upon thirty (30) calendar days’ notice in advance. In such event, Contractor shall be paid for all substantiated direct costs of materials furnished and Work performed up to the date of termination any additional compensation that City deems reasonable.

2.5.3 Termination for Lack of Appropriation
This Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.

Upon receipt of a notice of termination, Contractor shall: a) stop all Work unless directed otherwise; b) take such action to protect materials from damage; c) notify all subcontractors and suppliers that Contract is terminated; d) provide City with inventory list of materials previously produced, purchased or ordered and not yet used in the Work; e) dispose of all materials not used on the Work as directed by City; f) if directed by City, assign all rights and interests of Contractor under subcontracts or orders for the Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

project; g) furnish any required documentation; and h) take any other actions as City may direct.

3. CONTRACTOR’S RESPONSIBILITIES

3.1 Responsibility for Damage; Indemnification
Contractor shall be responsible for any loss or damage that may happen to the Work; for any loss or damage to any of the materials of other things used or employed in performing the Work; for injury to or death of any person (including but not limited to workers or the public) from any cause whatsoever; or damage to property from any cause whatsoever.

To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.2 Insurance
Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

3.3 Payment of Taxes

3.3.1 Taxes Included
The lump sum and rates set forth in Exhibit A shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.

3.3.2 Business Tax
Contractor has and shall maintain a current business license with City of Emeryville during the term of this contract. Contractor shall insert in each of its subcontract Contracts a provision which requires its subcontractors to present proof that the subcontractor has obtained a current business license with City of Emeryville during the term of this contract.

3.4 Permits and Licenses
Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Contract.

Contractor shall comply with all permits applicable to the Work. Contractor has and shall maintain the appropriate State Contractor’s License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.

The California Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which Contractor must obtain from State or local agencies in connection with performing the Work of the Contract. Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the Work.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

3.5 California Labor Code Requirements
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

B. If the Work is being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Work must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

C. This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

D. Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
“I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” E. Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.

3.6 Warranty
Contractor warrants that all materials and Work furnished (1) shall meet all requirements and conditions of City’s Contract and manufacturer’s warranty if any; (2) shall be free from defects in design, material; workmanship and methods of installation; and (3) shall be fit for the purposes intended. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and nonconforming. This warranty by the Contractor is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.

Contractor shall correct the Work at its own expense promptly after written notice from City to do so and pay for any damage to other property resulting from such nonconforming Work. If Contractor fails to do so promptly, or in an emergency when delay could cause risk of damage or loss, then City take whatever actions are necessary to have the nonconforming Work removed, replaced or corrected at the expense of Contractor and to recover its damages, costs and expenses, including withholding the amount from any payment that is due or to commencing an action against any performance bond.

Nothing in this section shall be construed to establish a period of limitation with respect to other obligations that Contractor may have under these Contract Documents.

3.7 Independent Contractor Status
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

its own acts and those of its subordinates and employees during the term of this Contract.

3.8 Compliance with Laws
All Work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.

3.9 Noncollusion Declaration
By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor’s bid or proposal and that such bid or proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the bid or proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham bid or proposal, or to refrain from bidding or proposing; and that the signatory to this Contract has not in any manner sought by collusion to secure for itself an advantage over other potential proposers.

3.10 Conflicts of Interest
Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City nor business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.

3.11 Discrimination Prohibited
Contractor covenants and agrees that in performing the Work required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.

3.12 Bonds (Required for Contract Prices $25,000 and Greater)

3.12.1 Payment Bond
 Required /  Not Required
If required for this Contract, before beginning the Work, Contractor shall provide a labor and materials bond in the amount of one hundred percent (100%) of the Total Compensation, and which conforms with the requirements of Civil Code section 9550 et seq., as may be amended from time to time.

3.12.2 Performance Bond
 Required /  Not Required
If required for this Contract, before beginning the Work, Contractor shall provide a performance bond in the amount of one hundred percent (100%) of the Total Compensation to guarantee the faithful performance of the Work.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

3.12.3 Bond Provisions
Any and all bonds required for this Contract shall be in a form acceptable to the City Attorney. Any such bond must be issued by a corporate surety which is an admitted surety insurer in the State of California. Any bond signed by an agent must be accompanied by a certified copy of such agent’s authority to act. If the surety on any bond provided by Contractor is declared bankrupt or becomes insolvent or it’s right to do business is terminated in any state where any part of the work is located, Contractor shall, within seven (7) days thereafter, substitute another bond and surety in accordance with the requirements set forth herein. Any alteration or alterations made in the Plans and Specifications which are a part of this Contract or in any provision of this Contract shall not operate to release any surety from liability on any required bond and the consent to make such alterations is hereby given. Any surety on such bonds hereby waives the provisions of Section 2819 of the Civil Code.

3.13 City Labor Requirements
A. As of the Effective Date, compliance with the City’s living wage ordinance is  required /  not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.

B. Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code.

Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.

C. Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

D. Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $19.08 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.

E. In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.

4. GENERAL PROVISIONS

4.1 Applicable Law
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.

The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.

4.2 Assignment and Subcontracting
Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.

4.3 Records
Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.

4.4 No Waiver
Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

4.5 Notices

4.5.1 Communications Relating to Daily Activities
All communications relating to the day to day activities of the work and invoices shall be addressed to the Phillip Toste and Justin Calkins for the Contractor:

CITY CONTRACTOR
Phillip Toste, Associate Civil Engineer
Phone No: 510-596-4340
E-Mail : [email protected]
Justin Calkins, Project Manager
Phone No: 925-293-9455
E-Mail : [email protected]

4.5.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to City and Contractor, respectively, as follows:

CITY CONTRACTOR
Mohamed Alaoui, Public Works Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
with a copy to:

Phillip Toste, Associate Civil Engineer
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4340
E-Mail : [email protected]
John Abraham, Regional Manager
P.O. Box 7525
Cotati, California 94931
Phone No: 707-992-0141
E-Mail : [email protected]

4.6 No Personal Liability
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.

4.7 Entire Agreement
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Contract. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.

4.8 Successors and Assigns
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.

4.9 Severability
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.

4.10 Counterparts
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.

4.11 No Third-Party Beneficiaries
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

4.12 Non-Exclusivity
City reserves right to employ other contractors in connection with the Work and Project covered under this Contract.

4.13 Other Requirements
This Contract  has /  does not have additional requirements set forth in an Exhibit C. If an Exhibit C is attached, then due to the nature of the Work, or due to this Work being funded, in whole or in part, by a third party, Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, the more stringent requirement shall control.

SIGNATURES ON FOLLOWING PAGE
Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Maintenance Services Contract REV01/2025

5. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney

Dated: CITY OF EMERYVILLE
LaTanya Bellow, City Manager

Dated: DC ELECTRIC GROUP, INC.
(Signature)
John Abraham, Regional Manager
Attach:

W-9 Form
Attach:

Business License
Certificate
Attach:

Department of
Industrial Relations
Registration
Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 05/23/2025
EXHIBIT “A” – SCOPE OF WORK
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1.0 BACKGROUND
The City of Emeryville (City) desires to contract for the maintenance and repair of the City’s traffic signal systems, streetlight and safety lighting systems.

The Contractor will provide this service for all streetlights, soffit lighting beneath bridge structures, park lighting, bicycle/pedestrian bridge lighting, greenway lighting, and lighting at the Amtrak Station platform and pedestrian overcrossing. The City has approximately 1,900 light fixtures to be covered under this service. The locations of the various light fixtures are as shown on the attached “Service Area Map” and at this publicly available link: https://batchgeo.com/map/237c9011fde7fa3fc68c3b7fcd69b29f The Contractor will also provide maintenance service for 35 City owned traffic signal systems and the underlying signal network infrastructure. The locations of the various traffic signals are as listed below under Traffic Signals.

2.0 STANDARDS
Applicable standards in the performance of any and all work attended in the contract includes, but are not limited to the latest editions of the following:
• Caltrans Standard Plans
• Caltrans Standard Specifications
• Chapter K of Caltrans Maintenance Manual
• National Electric Code (NEC) with California Electric Code Amendments • California Manual of Uniform Traffic Control Devices (MUTCD)

3.0 DEFINITIONS
Wherever in this exhibit and other contract documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

3.1 Accident: An event or happening that is not expected, foreseen or intended, including but not limited to traffic accidents.

3.2 City: The City of Emeryville.

3.3 Contractor: The person, firm, partnership or corporation to whom this contract is awarded by owner and who is subject to the terms thereof.

3.4 Emergency: When used in conjunction with the contract, shall mean an accident, malfunction, or occurrence that renders the light system inoperable or hazardous to public safety. Service rendered to emergencies shall have priority over all other services or maintenance repairs.

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3.5 Equipment: The equipment, machinery and/or vehicles required to perform the work described in this RFP.

3.6 Municipal Parking Lots: Standalone City owned parking lots, which are not adjacent to a city owned and/or operated park, community center, tennis court, athletic field or building.

3.7 Proposal: The written offer of the bidder to perform the proposed work made upon the approved form on which the City required to be submitted.

3.8 Public Works Director: The Public Works Director of the City of Emeryville.

3.9 Response Time: Response time is the time elapsed between receipt of notification by the Contractor that service or repairs are required and the time the Contractor arrives at the location with the necessary tools, personnel, and equipment to affect such service repair.

3.10 Safety Lights: Exterior lights at all City owned and/or operated parks and facilities covered under this contract.

3.11 Service: When used in connection with the contract, shall mean that the Contractor shall proceed without undue delay and within the response time to the location for light system which has been reported inoperative and shall service, repair, replace parts, or place in temporary operating condition, or otherwise activate damaged or inoperative equipment when notified either orally or in writing by the City’s Maintenance Division, City’s Police Department or any other recognized City authority.

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4.0 STATEMENT OF WORK
a. TRAFFIC SIGNAL MAINTENANCE
Contractor shall perform the following routine preventative maintenance at all 35 signalized intersections:

1. Bi-Monthly Routine (Every 60 Days)
Visually inspect controller for proper operation.

Visually inspect all vehicular and pedestrian signals for proper operation.

Visually inspect all LED signals units for proper operation, replace outages found and return to City for replacement by manufacturer to Contractor or reimbursement by City to Contractor.

Check and actuate each pedestrian push button for proper operation.

Visually inspect roadway along loop detectors for possible exposed wires, cracks and potholes.

Check detector amplifiers and tune if needed.

Check video detection system configurations for proper operations.

Check bicycle and pedestrian detection systems for proper operations.

Check controller cabinet filter.

Check wire schematics and records to make sure they are in the cabinet.

Check operation of the fan.

Check operation of ground fault receptacle.

Visually check for bent visors and backplates.

Visually check integrity of splices.

Check coordination settings to ensure proper operation and transitions Check the time setting and match with time sheet on controllers.

Assure controllers clock is accurate and adjust accordingly.

Confirm communications equipment is functioning properly. • If controller is interconnected to Field Master, test communications between local and master.
• If controller is interconnected using Ethernet solution, test communications equipment with TMC server.

Manually record inspection date and time in controller cabinet and send written confirmation of inspection with recommendations to City by intersection.

2. Annual Routine
Vacuum and clean controller cabinet and contents.

Replace cabinet filter.

Check weatherproof gasket seal on controller cabinets.

Lubricate hinges and lock on controller cabinets.

Test conflict monitor for proper operation.

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Manually record inspection date and time in controller cabinet and send written confirmation of yearly inspection with recommendations to City by intersection.

3. Bi-yearly ITS Maintenance
Visually inspect and connect to ethernet switches to ensure proper operation
Speed tests on switches to identify issues between intersections Connect to TMC server to do health check on all IP equipment connected Perform inspections on the bicycle and pedestrian counters located throughout the City to ensure proper operation, and perform/coordinate repairs on these systems as needed.

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b. STREETLIGHT AND SAFETY LIGHT SYSTEMS
The purpose of this contract is to maintain the streetlight and safety light systems to operate in the manner that they were originally intended, or as later modified, so as to provide safety lighting for the City’s streets and public facilities. In general, the work to be performed consists of providing routine preventative streetlight maintenance, as well as emergency maintenance and as-required maintenance work for the streetlights and exterior public facilities lights within the City of Emeryville.

It is imperative that all equipment in the respective systems be serviceable and in operation at all times, 24 hours a day, seven days a week. To ensure this continuous and uninterrupted operation of equipment, service calls and emergency calls shall be answered promptly, and extraordinary effort shall be exerted by the Contractor to render this service.

It is also imperative that City Engineering Staff is notified with an email summarizing time and details of emergency work within 3 days of performing the work (invoice can come at later date, typically at the end of the month). This allows staff to be aware of incoming invoices, or potential extra work that is to come.

The Contractor shall ensure that all streetlights and safety lights are maintained and in an operable and safe condition. Furthermore, the Contractor shall provide a full range of lighting maintenance services which include a 24 hours/7 days a week toll free call center operation, replacement or service of all lighting components with like or better components, maintain and submit monthly reports of all work performed, insure proper disposal of all materials, and perform monthly inspection and service as needed for all streetlights and safety lights, and respond to all reported lights out on all City streets and facilities covered under this service. The Contractor shall provide support for any modernization or system, equipment or proposed lighting upgrades and maintain a City inventory of all streetlights and poles.

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 and operation all streetlights and safety lights within the City. All work performed or equipment and parts supplied by the Contractor shall be subject to inspection and approval of the Public Works Director or his designee. 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.

The Contractor shall maintain an inventory of equipment located at the City’s Corp Yard and will coordinate with the Facilities/Operations Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 EXHIBIT “A” – SCOPE OF WORK
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Manager on organizing material and keeping the inventory list up to date as equipment is recovered from or used in the field.

1. Routine Preventative Maintenance
Routine Preventative Maintenance for each light fixture shall be performed by the Contractor. Routine preventative maintenance shall include the following items to ensure the roadways and parks are properly illuminated:
• Replace lamps that have become inoperative by virtue of burnout.

Replacement lamps shall be substantially equivalent to those replaced. • Replace photoelectric cells, ballasts, fuses, igniters, hf generators, sockets and all other integral parts that have become inoperative from normal deterioration with either a like item or a selected upgrade. • For LED Fixtures, replace photoelectric cells and fuses that have become inoperative from normal deterioration with either a like item or a selected upgrade. Where an LED fixture has become inoperable due to a material defect, install a replacement LED fixture and send defective fixture to manufacture for warrantee.
• Cleaning of lenses and shrouds when burned out lamps are replaced or when photocells are replaced on LED fixtures.
• 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 checks of streetlights, and safety lights once a month during nondaylight hours to determine the location of unreported outages and/or minor tree trimming needs.
• 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.
• 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.

Reporting: The need for streetlight and/or public facilities light maintenance will be reported to the Contractor by residents, the public and City staff to the Contractor’s call center or online via the Contractor’s website or email.

The Items of Work for Routine Preventative Maintenance are as listed in Exhibit “C” – Proposal Form.

The City’s streetlight and safety lighting systems are located as shown on the attached “Service Area Map” and at this publicly available link:
https://batchgeo.com/map/237c9011fde7fa3fc68c3b7fcd69b29f The City’s Safety Lights include all fixtures located at the following facilities:

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• Stanford Avenue Park
• Doyle Hollis Park
• The Emeryville Greenway Park Segments
• Marina Parking Lots west and north of public boat ramp • Christie Avenue Park
• Huchiun Park
• Civic Center Parking Lot
• Amtrak Station Platform
• Amtrak Station Pedestrian Bridge
• South Bayfront Bicycle/Pedestrian Bridge
• Powell Street Bridge Soffit Lighting
• 40th Street Bridge Soffit Lighting
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c. USA MARKINGS
Work under USA Markings generally consists of responding to Underground Service Alert (USA) request to locate and mark City underground facilities including, but not limited to streetlights and associated conduits, traffic signals and associated equipment, fiber optic cable; and all related appurtenances within the City of Emeryville.

Utility locating shall be conducted in a competent manner and comply with industry methods and practices, applicable laws including California State Law (Government Code 4216), regulations and ordinances, locating procedures as from time to time adopted and approved by the National Utility Locating Contractor's Association (NULCA), and include all necessary records research and field investigations to determine facilities locations. In performing their work, the Contractor’s staff will utilize GIS data, as-built Record Drawings and other support documents provided by the City. Services shall be performed as promptly as possible, but at a minimum, within the time provided by State law, and all locate requests shall be electronically closed.

Scope of Work:
• Provide sufficient qualified staff, vehicles, paint, flagging, necessary traffic controls and all other materials and equipment necessary to fulfill the duties outlined in this RFP in a timely manner. • Respond to Underground Service Alert North 811 (USA) Tickets within two (2) working days of issuance.
• List work performed on a per-ticket basis, identified by a ticket number and date of issuance, and submit the tickets as a back-up to Contractor’s monthly invoices submitted to the City for payment. • Submit photographs of the work performed including all markings for all work performed on each ticket that includes Utility Field Locate work. Each photo will be labeled with ticket number and date.
• Receive all excavation notices (requests) directed to City from any source.
• Review the City's underground facility maps, determine any conflict between the proposed excavation and the City’s facilities, and where conflict exists, locate and mark such facilities. • Use paint, flags, or stakes as necessary to identify the location of City's facilities, placing such markings at reasonable distances and in accordance with the American Public Works Association (APWA) uniform color code guidelines.

The Items of Work for USA Markings are as listed in Exhibit “C” – Proposal Form.

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d. ADDITIONAL WORK
Additional Work is comprised of Emergency Maintenance, Scheduled/AsRequired Maintenance and Extra Work, and shall be performed by the Contractor. All costs for labor and equipment for Additional Work shall be as specified in Exhibit “C” – Proposal Form. The City may also seek additional quotes for this work and use other Contractors for this work.

All materials removed are the property of the City and may be recycled back into service after defective components are replaced and/or refurbished. Specific procedures for knockdowns are to be coordinated by the Contractor with the City and utility provider that owns the pole. The utility provider may choose to replace joint use poles and electrical service, while the Contractor will replace the streetlight or public facility light and bracket. If coordination with the utility provider is necessary to complete this work, at the City’s direction the Contractor will provide this coordination.

Specialized equipment other than those items listed by the City in Exhibit “C” – Proposal Form, may be priced separately on a per hour basis.

Materials to be used are to be billed as a separate item. Indicate any standard markup percentage for supplied materials. Describe pricing application so it is clear how these prices are applied. For example, is it a single installation or service for work in conjunction with other work, work performed on an overtime basis, etc.

The Contractor agrees to the following Additional Work for traffic signals, streetlights and safety lights to be paid at the rates identified in Exhibit “C” – Proposal Form for Hourly Rates and Standard Material Markup Rate.

1. Unscheduled On-Call / Emergency Maintenance
Emergency Maintenance, which is comprised of regular maintenance and emergency response, shall be performed by the Contractor selected as a result of this proposal. Work in this category is considered to be a safety concern. Responsive maintenance and emergency repairs to damaged or malfunctioning traffic signals, streetlights and exterior public facilities lights shall be performed by the Contractor at the direction of the Public Works Director or his designee and shall constitute work made necessary due to malfunctioning systems, collision, acts of nature, or vandalism. Example of situations that would require an emergency response include, but are not limited to, streetlight and/or traffic signal knockdowns, a block of streetlights out-of-service, malfunctioning traffic signal, or other repairs designated as an emergency response or call out by the City.

Occasionally, the Contractor may be called to respond to accident sites, disconnect power, secure the site for public safety, take down damaged poles or pick up a knocked down light. The Contractor shall furnish a price Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 EXHIBIT “A” – SCOPE OF WORK
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for performing this work both during normal working hours and during weekends, holidays, or other off-hours. The Contractor shall also furnish a price for reinstalling knockdowns with like materials.

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 exceed one (1) hour from the time of notification.

Emergency Maintenance includes, but is not limited to, the following items of work that shall be performed when necessary and charged as “Additional Work” after written approval from the Project Manager/Public Works Director:
• Rewiring and cable pulling
• Concrete and foundation repairs
• Streetlight pole or equipment replacement
• Replacement of lamps and/or photoelectric cells
• Replacement of poles, mast arms and/or conduits
• Signal/Lighting Upgrades
• Other streetlight, traffic signal and/or exterior public facilities lights related work

2. Scheduled/As-Required Maintenance
Scheduled/As-Required Maintenance consists of regular maintenance work. Maintenance and repair requests made by the City that are not critical, or the work involved is of such a nature as to require advance scheduling, shall be completed on an “as needed” basis. Examples of Scheduled/As-Required Maintenance include, but are not limited to, major equipment repair/replacement, permanent replacement of knockdowns, major rewiring, and general maintenance of streetlights and exterior public facilities lights.

3. Private Development Submittal Review/Construction Inspection Private Development Plan Review consists of the review of private development plans, public improvement plans and associated submittal documents provided with larger private development projects. Documents to be reviewed may include, but are not limited to, construction level drawings and technical specifications for electrical, lighting or traffic signal systems to be installed in the Public Right-of-Way, materials submittals, shop drawings, etc. Review of these submittals will be for conformance with local and state guidelines, standards, regulations and code requirements. Schedule for completion of these review tasks will be as coordinated between the Public Works and Community Development Departments to meet required permit processing timelines. Contractor may be requested to perform inspections of traffic signal and street Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 EXHIBIT “A” – SCOPE OF WORK
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lighting items installed in the field as part of a private development on an as-needed basis. Payment for these review and inspection tasks will be reimbursed by the private developer. Contractor shall provide separate invoicing for review and inspection tasks with detailed hourly time and wage accounting per rate sheet provided with proposal.

4. Extra Work
The City may request extra work within certain total contract expenditure limits by the selected Contractor. Extra Work includes any special work not covered above as routine maintenance. Extra Work includes, but is not limited to:
• Modification of traffic signal phasing
• Incorporation of leading pedestrian intervals at select intersections
• ADA upgrades for passive pedestrian detection
• Signal/Lighting upgrades
• Installation of internally illuminated street name signs • Ancillary or incidental work required when completing maintenance tasks, which may include, but is not limited to, welding, trenching, installation of conduit, sidewalk repair, etc.

During the course of the agreement, the City may also solicit quotes from other Contractors for Extra Work and employ their services for said work.

5. Emergency Response (one hour maximum response time).

This item is considered to be an immediate 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 are not limited to streetlight, safety light, or traffic signal knockdown, block of streetlights or traffic signal out-of-service, or other repairs designated emergency response by the City. The Contractor shall provide a twentyfour (24) hour per day emergency service for the replacement of burnedout lamps and for traffic signal call outs. 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 Public Works Department and the City of Emeryville Police Department. The Contractor shall make immediate service 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.

6. Standard Response
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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 seven (7) calendar days of notification. In no event will regular response work be considered overtime without prior approval of the Public Works Director or his designee. An example of work that would require a regular response includes but is not limited to streetlight and safety light outages.

7. Scheduled/As-Required Response
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 at a schedule that is mutually agreed upon. Work authorization of this type shall include but not be limited to major equipment repair/replacement, permanent replacement of knockdowns, major rewiring, and general maintenance of streetlights and safety lights.

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5.0 PROGRAM REQUIREMENTS
a. Contractor shall have adequate shop and storage facilities within fifty (50) miles of the City limits of Emeryville, with staff, material and equipment necessary to perform all routine maintenance and perform temporary repair of accident damage. Shop and storage facilities, if located in Emeryville, must be located in an area appropriately zoned for this use.

Contractor to provide location address with RFP response submittal. a. Contractor shall provide all equipment, trained personnel and supplies necessary to provide the services specified in this RFP. b. The Contractor shall provide an experienced, competent Superintendent 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 and safety techniques.
c. The Contractor shall employ competent, experienced streetlight and traffic signal technicians qualified in repair or trouble detection of the City’s 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, the employee shall be immediately removed from the work site at the request of the Public Works Director or his designee.
d. The Contractor shall be responsible for providing all necessary traffic control equipment in all construction or maintenance zones per Part 6 of the California MUTCD most recent edition, or as determined by the Public Works Director or his designee 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, whenever it is necessary to block any traffic lanes to complete any portion of the work, at least one (1) lane of traffic shall be kept open in each direction at all times.

On major arterials, lane closures shall be avoided on weekdays between 7:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 6:00 p.m., unless approved in advance by the Public Works Director or his designee.

Emergency repairs shall be made whenever required and are not subject to the aforementioned time restrictions.
e. 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.

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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 most recent edition, or as determined by the Public Works Director or his designee 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 on the part of the Contractor to provide adequate signing and barricading will be the authority for the City to provide such protection as is necessary by City forces or independent contractor. All work shall be stopped and the job site shall be vacated until the situation is remedied.

All costs of protection so provided shall be deducted from the routine maintenance charges of the Contractor until the bill is satisfied. Repetitive failure shall be sufficient cause for the City to cancel the Agreement. f. The Contractor shall possess an active, valid Class C-10 or Class A Contractor’s license from the State of California.
g. The Contractor shall be knowledgeable of matters pertaining to streetlights and public facility lighting such as energy efficiency, light pollutions and applicable ordinances, types of lighting and their applications and the latest technology as well as applicable municipal and financial processes in the State of California.
h. The Contractor shall be established and in place to perform this contract with a minimum of three (3) years related experience.
i. 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 other contractor’s or other forces to the end that any delay, duplication, or hindrance to their work shall be avoided.
j. The Public Works Director or his designee 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 Public Works Director or his designee’s inspection and approval. Any item not meeting the Public Works Director or his designee’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 Public Works Director or his designee and accepted.

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k. All work, which is determined by the Public Works Director or his designee 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.
l. The Public Works Director or his designee 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 Public Works Director’s decision shall be final.
m. City’s Right to Cure Contractor’s Defaults. If the Contractor shall default or neglect to carry out any of his obligations under this contract and fail within fifteen (15) days after receipt of written notice from the City to the Contractor to commence and continue correction of such default or neglect to remedy Contractor’s deficiencies with diligence and promptness, the City may, without prejudice to any other remedy or right it may have, make good such deficiencies. In such case, the cost of correcting such deficiencies shall be paid by the Contractor to the City within fifteen (15) days of receipt of an invoice.
n. Call Center Operation. The selected Contractor shall have a dedicated call center that maintains a computer based record of all safety lights including pole number, nearest address, lamp type, and service history and logs all service requests and provides status reports of service requests. The selected Contractor will inform customers of the status of service requests any time they are not able to meet the minimum response times for that particular service. The contractor shall provide a website that includes the phone number for the call center, provides the ability to report outages and other issues online, and that links to the City’s internet site. The public and City staff shall be able to report lighting outages and other issues via the Contractor’s call center phone number and electronically via the internet 24/7.

The City will provide the Contractor with GIS shape files of the City streetlight/safety light inventory.
o. Waste Disposal. The Contractor is responsible for the proper disposal of all waste materials generated in the performance of this contract. All hazardous material will be disposed of in accordance with applicable laws and regulations. Appropriate records shall be maintained and available for inspection by the City within two (2) business days.
p. Unauthorized Work. The Contractor shall promptly report to the Public Works Director, or his designee, observations of any unauthorized work being done by others upon the City’s equipment being maintained by the Contractor. The Contractor shall also report observations or any work in Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 EXHIBIT “A” – SCOPE OF WORK
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progress which may endanger or damage the equipment of the lighting system.
q. Prevailing wage. The successful bidder will be required to pay the prevailing wage rates pursuant to California law, including California Labor Code sections 1720 through 1861. General prevailing wage rates in Alameda County are on file with the Department of Industrial Relations and shall be made available to any interested party upon request. r. Maintain Inventory of Spare Materials. The Contractor shall be equipped with the spare parts in sufficient quantities to maintain streetlight and exterior public facilities light operations. The City will maintain an inventory of spare replacement parts for those items not covered under the routine preventive maintenance for the Lumec poles and fixtures only. All other material will be provided by the contractor.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 ATTACHMENT 1 – BUDGET SECTION
The proposal prices are to include and cover the furnishing of all labor, materials, equipment, incidentals, Toll Free Emergency Call Center, Website for on-line reporting, and overhead necessary to perform the work described in the Exhibit “A” – Scope of Work of this proposal document. The proposer affirms that in the event they are selected as the successful proposer the Contractor assures that all work will be performed in the specified manner and under the terms and conditions specified at the prices listed below:

A: STREETLIGHT AND SAFETY LIGHT MAINTENANCE

ROUTINE PREVENTIVE MAINTENANCE STREETLIGHT AND SAFETY
LIGHT ITEMS (2025)
Monthly
Streetlight and Safety
Light Maintenance
Estimated
Quantity
per month
Unit Unit
Price
Total
1a
Lumec Candela and
Transit Fixtures,
Metal Halide
159 fixtures $1.98 $315.28
1b
Lumec Candela
LED 809 fixtures $0.99 $802.07
2 Holophane Acorn Head
Fixtures,
Induction lamps
102 fixtures $1.98 $202.25
3 Cobra Head Fixtures,
High Pressure Sodium 31 fixtures $1.98 $61.47
3a
Cobra Head LED
Fixtures 442 fixture $0.99 $438.22
4a
Miscellaneous Style
Fixtures,
High Pressure Sodium
or Metal Halide
157 fixtures
$1.98 $311.31
4b
Miscellaneous Style
LED Fixtures 7 fixture $0.99 $6.94
5 Lighting System Night
Checks
1 each $407.00 $407.00
Total Monthly Cost: $2,544.53
Annual Cost of Streetlight and Safety Light Routine Preventative Maintenance:
12 x Total Monthly Cost = $__30,534.40________________________________

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B: TRAFFIC SIGNAL MAINTENANCE

Bi-Monthly and Annual Routine Preventive Maintenance:

$ 154.00__ per Intersection per Visit
35 x $_154.00______ per Intersection per visit = $_5,390.00____________ 6 x Total Monthly Cost = $_32,340.00________________ annual cost C: USA MARKINGS

Item Description Unit Price
Utility Field Locate Per Unit $150.00
Utility Field Screen Per Unit $80.00
Utility Office Screen Per Unit $35.00
Call Out* Per Hour $300.00
*Call Out refers to all ticket responses performed outside of regular hours, including weekends and holidays. Regular Hours refers to 7:00 a.m. to 5:00 p.m.; Monday through Friday; requires customer pre-approval.

Field Locate - Describes locating units that meet the following criteria:
• Each transmission requiring a site visit during normal service hours with a minimum of 48-hour notice for up to 400 linear feet per utility located and marked. • Additional field locates (extended locates) require locating and marking beyond the 400 linear feet. One (1) field locate unit will be earned per utility for each 400 linear feet for which underground facilities are located and marked.

Field Screen - Describes a locating unit that requires a site visit to determine that there are no underground facilities. One (1) field screen unit will be earned per ticket for the following transmissions that require a site visit in an underground area:
• Insufficient information or ticket error determined on-site. • No show (without prior notice) from excavator.
• Excavation completed (insufficient notification by excavator).

One (1) field screen unit will be earned for each utility that require site visits in an underground area requiring no physical or electronic locating to determine no conflict.

Office Screen - Describes a locating unit that meets the following criteria:
• Each transmission that is received from the One-Call Center that requires offsite or inhouse analysis, research, phone calls to excavators, documentation of status, communication to technicians, but does not require a site visit to determine conflict. • Office screens include cancellations, no marks required (out of area) and updating or correcting ticket information.

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D. ADDITIONAL WORK

ADDITIONAL WORK HOURLY RATES
(2025)
Equipment / Personnel Regular Time Over-Time
1 Traffic Signal Electrician
(Regular Time) $153.98
2 Traffic Signal Electrician
(Overtime) $260.55
3 Traffic Signal Electrician
Foreman
(Regular Time)
$161.68
4 Traffic Signal Electrician
Foreman
(Overtime)
$273.58
5 Streetlight Electrician
(Regular Time) $153.98
6 Streetlight Electrician
(Overtime) $260.55
7 Streetlight Electrician Foreman
(Regular Time) $161.68
8 Streetlight Electrician Foreman
(Overtime) $273.58
9 Night Check Technician $88.58 $141.44
10 Laborer $88.58 $141.44
11 Bucket Truck $60.00 $60.00
12 Mobile Crane $90.00 $90.00
13 Crane truck $90.00 $90.00
Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 ATTACHMENT 1 – BUDGET SECTION
E: MATERIAL PRICING (2025)
Item Description Unit Price
Audible Ped Signal EA $300.00
Visor 12" Full Circle EA $36.00
Backplate 12" 3 Section EA $100.00
Visor 8" Full Circle EA $33.33
LED 8" Red Ball EA $58.00
LED 8" Yellow Ball EA $58.00
LED 8" Green Ball EA $58.00
LED 12" Red Ball EA $58.00
LED 12" Yellow Ball EA $58.00
LED 12" Green Ball EA $58.00
LED 12" Red Arrow EA $58.00
LED 12" Yellow Arrow EA $58.00
LED 12" Green Arrow EA $58.00
Flasher 204-170 EA $51.07
Detector 222 EA $188.00
Detector 224 EA $273.33
DC Isolator 242 EA $73.33
Cabinet Light EA $13.33
GFI Receptacle EA $37.33
Hand Hold Cover Oval EA $60.00
Fuse KTK EA $8.00
Load Switch EA $60.00
PPB Std Complete Assembly EA $200.00
PPB Directional Plate EA $33.33
PPB Framework Side Mount EA $73.33
PPB Microswitch (CAP/SW) EA $53.33
PPB Std Complete Assembly EA $120.00
Starter EA $66.67
Pricing includes Tax and Markup (as it appears on Monthly Invoice Detail) Standard Material Mark-Up Rate (for items not listed above): Cost plus 15% Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1

CALIFORNIA
REV 08/2020 Page 1 of 5

EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to DC ELECTRIC GROUP, INC.

1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:

1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
 General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
 Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy.  Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
 Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
 Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.

1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
 General Liability
$1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.

OR
$2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
 Automobile Liability
$2,000,000.00 per accident for bodily injury and property damage.  Professional Liability / Errors and Omissions
$2,000,000.00 per claim and aggregate.
 Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease.  Pollution Liability Insurance
$2,000,000.00 per occurrence and $2,000,000.00 aggregate.

Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.

2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

 General Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.
 Automobile Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
 Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

 Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.  Pollution Liability Coverage
(1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.

Attach:

Insurance Certificate and Endorsements
Docusign Envelope ID: 58AE8E7E-13CA-42A7-B075-F239602C9AD1