PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR
LANDSCAPING
FOR
TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY 2026/27 – FY 2030/31)
This Agreement is made and entered into as of the 20
th day of October by and between
the City of Foster City hereinafter called "CITY" and Bear Electrical Solutions, LLC hereinafter called "CONTRACTOR".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS, CITY desires to engage CONTRACTOR to provide professional services in the CITY;
WHEREAS, CONTRACTOR is qualified to provide such services to the CITY and;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. Services. The services to be performed by CONTRACTOR under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified in said Exhibit A is hereby made an obligation of CONTRACTOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall commence upon July 1, 2026 and shall expire upon completion of performance of services hereunder by CONTRACTOR. The initial contract period shall be July 1, 2026 to June 30, 203 1. The contract may be renewed for one additional year, from July 1, 203 1 to June 30, 2032 . Extensions shall be presumed exercised unless CITY provides notice otherwise . (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONTRACTOR to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONTRACTOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONTRACTOR demanding such cure, in which case CONTRACTOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONTRACTOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONTRACTOR shall continue its work throughout the course of any dispute, and CONTRACTOR’s failure to continue work during a dispute shall be a material breach of this Agreement.
3. Compensation; Expenses; Payment . CITY shall compensate CONTRACTOR for all services performed by CONTRACTOR hereunder in an amount based upon CONTRACTOR’s hourly rates during the time of the performance of said services. A copy of CONTRACTOR’s hourly rates for which services hereunder shall be performed are set forth in CONTRACTOR’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum One Hundred Thousand Dollars ($100,000.00). Invoices for amounts in excess of One Hundred Thousand Dollars ($100,000.00) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.
Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONTRACTOR to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisf action of CITY including, without limitation, CONTRACTOR's transmittal of all deliverables to CITY required by EXHIBIT A.
CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONTRACTOR for any payment period on the Project, until CITY receives all deliverables required under Exhibit A , SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONTRACTOR has partially completed one or more deliverables due during a payment period, and if CONTRACTOR demonstrates diligent progress there on, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONTRACTOR shall not be entitled to, any payment for Services performed before this Agreement's execution.
4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
5. Records. CONTRACTOR shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONTRACTOR hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONTRACTOR’s place of business or as otherwise agreed upon by the parties.
6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
7. Reliance on Professional Skill of CONTRACTOR. CONTRACTOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONTRACTOR to do and perform the work. In performing services hereunder CONTRACTOR shall adhere to the standards generally prevailing for the performance of expert services similar to those to be performed by CONTRACTOR hereunder.
CONTRACTOR represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit B and within the times specified for each individual Project.
CONTRACTOR represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.
The granting of any progress payment by CITY, or the receipt thereof by CONTRACTOR, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONTRACTOR for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.
8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.
9. Relationship of Parties. CONTRACTOR is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONTRACTOR is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction appl y to and concern the result of the CONTRACTOR’s provision of Services, not the means, methods, or scheduling of the CONTRACTOR’s work. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.
CONTRACTOR shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.
10. Schedule. CONTRACTOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONTRACTOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONTRACTOR’s officers or employees.
CONTRACTOR acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
11. Prevailing Wage. CONTRACTOR shall pay prevailing wages to its employees on any contract in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of th e State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].
CONTRACTOR shall comply with the 8- hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONTRACTOR and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly.
CONTRACTOR shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.
12. Indemnity. To the fullest extent allowed by law, CONTRACTOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONTRACTOR or its Sub contractors), cost (including, without limitation, costs and fees of litigation) of every nature, ki nd or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONTRACTOR, any Subcontractor , anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONTRACTOR shall meet and confer with other parties regarding unpaid defense costs.
The duty of CONTRACTOR to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONTRACTOR to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
CONTRACTOR’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.
13. Insurance. Prior to execution of this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.
CONTRACTOR shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONTRACTOR fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONTRACTOR under this Agreement (or CONTRACTOR shall promptly reimburse CITY for such expense).
CONTRACTOR shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONTRACTOR fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.
14. Workers' Compensation. CONTRACTOR certifies that he is aware of the provisions of the Labor Code of the State of California 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 CONTRACTOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
15. Non-Discrimination. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101- 336) which prohibits discrimination on the basis of disability by public entities. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
16. Notice. All notices required by this Agreement shall be given to the CITY and CONTRACTOR in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Amy Zhou
CONTRACTOR: Bear Electrical Solutions, LLC.
1252 Archer St.
Alviso, CA 95002-0924
Attention: Robert Asuncion, Vice President
17. Non-Assignment. This Agreement is not assignable either in whole or in part.
18. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
19. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
20. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
21. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for pur poses of the settlement and each party shall bear its own legal costs.
22. Conflict of Interest . CONTRACTOR represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONTRACTOR represents to and agrees with CITY that CONTRACTOR has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONTRACTOR may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.
23. Liability of CITY.
Except as provided in Exhibit A , Services to be Provided by CONTRACTOR and Exhibit C , Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, aris ing out of or in connection with this Agreement, the Services, or the Project.
CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONTRACTOR, or by any of its employees, even though such equipment be furnished, rented or loaned to CONTRACTOR by CITY. The acceptance or use of such equipment by CONTRACTOR or any of its employees shall be construed to mean that CONTRACTOR accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONTRACTOR, its employees, CITY employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONTRACTOR may have under this Agreement or any applicable law. All rights and remedies of CITY or CONTRACTOR, whether under this Agreement or other applicable law, shall be cumulative.
24. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
25. Force Majeure. Except for defaults of subcontractor s at any tier, CONTRACTOR shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONTRACTOR, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:
Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID -19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).
26. Entire Agreement . This Agreement, including Exhibits A, B, and C comprises the entire Agreement.
[Signatures on Next Page]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________ Stacy Jimenez, Mayor
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Benjamin Stock, City Attorney
CONTRACTOR
Dated:
Robert Asuncion, Vice President
EXHIBIT A
SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND
DELIVERABLES FOR
TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY 2026/27 – FY 2030/31)
1.01 SCOPE OF WORK
The scope of work includes the following:
A. Traffic Signal Maintenance
This work includes the maintenance of the Traffic Signal System (30 signalized intersections and an emergency signal at the Fire Department); interconnect system, Light -Emitting Diodes (LED) internally illuminated street name signs, battery back -up systems, preemption systems, rectangular Rapid Flash Beacons (RRFB), speed radar feedback signs, dynamic signs and loop/video (image and thermo sensors) detection system. See Attachment 1 for locations and Attachment 2 for inventory.
B. Lighting Maintenance
a. Street Lighting: This work includes the maintenance of the City’s Street Lighting System, including safety lights at signalized intersections.
b. Parks & City Property Lighting: This work includes the maintenance of the City’s Parks & City Property Lighting. See Attachments 3 & 4 for locations and types.
The following is a link to the City’s GIS map index:
https://www.fostercity.org/community/page/foster-city-gis-maps
Click on “Public Works,” then select “Streetlights” to access the City’s Street and Parks & City Property Lighting maps.
1.02 NOT USED IN SECTION
1.03 PROPOSAL ITEM I – ROUTINE TRAFFIC SIGNAL MAINTENANCE
Not used.
1.04 PROPOSAL ITEM II – ON-CALL TRAFFIC SIGNAL MAINTENANCE
A. Normal Maintenance Repairs
The Contractor shall investigate and determine the corrective requirements for each reported malfunction, failure or outage of the traffic signal system.
The Contractor shall repair or replace equipment and components that have failed, deteriorated, or malfunctioned from the normal operation of the traffic signal system. This equipment and components shall include, but is not limited to the following elements:
Incandescent Lamps, LED signal faces, Conflict Monitors, LED Internally Illuminated Street Name Sign Tubes, Signal Safety Lights, Load Switches, Detector Amplifiers, Transfer Switches, Flasher Switches, Breaker Switches, Ballasts, Starters, Sockets, Fuses , Fuse Holders, Photoelectric Cells, Signal and Safety Light Wiring in Poles, Controllers, video detections, preemption systems, battery backup systems, etc.
The Contractor shall also complete record keeping requirements as described below in Section 1.05 A.
B. Furnish, Install, and Replace Equipment or Components
This work includes, but is not limited to, furnishing, installing, and replacing the following equipment or components:
Single ‘A’ type loop, single ‘D’ type loop, 4 loop system (1D and 3A), back plate (all types), visor, cabinet fan, pedestrian push button (APS and non-APS), LED ped countdown. #200 load switch, #204 flasher load switch, #222 detector, 12” LED red/amber/green ball, 12” LED red/amber/green arrow, Traficon video camera, video surge suppressor, FLIR TrafiSense thermal detection camera, power supply. This work also includes Underground Service Alert (USA) mark-outs as requested by the City.
C. Response and Service
a. The Contractor shall provide response and service on a 24-hour per day, 7- day per week basis. Immediate action shall be taken to safeguard the public any time a signal installation becomes partly or totally inoperative from any cause whatsoever. The maximu m response times shall be as follows:
● Emergency and Accident Maintenance – One (1) Hour
● Replacement of Burned Out Signal Faces
* Red Faces on Mast Arms – Two (2) Hours
* Red Faces on Poles – Twelve (12) Hours
* Green and Yellow Faces – Twelve (12) Hours
● All Other Signal Maintenance – Twenty-Four (24) Hours ● Safety Lighting – Forty-Eight (48) Hours
● Internally Illuminated Street Name Sign (IISNS) Tubes – Forty-Eight (48) Hours
b. Signal-on-flash, signal blackout not caused by a power outage, and any malfunction of pedestrian signals shall constitute an emergency. The City may extend the maximum response time for maintenance on a case-by-case basis if the signal remains operational in a satisfactory manner and the condition poses no immediate hazard to the public.
c. Final repairs and maintenance shall be completed as soon as possible and in all cases in no less than twenty -one (21) calendar days, unless extended in writing by the Engineer.
d. Failure to meet the response time requirements by the Contractor shall be sufficient cause for the Engineer to authorize maintenance to be completed by others and deduct the costs of said maintenance from payments due to the Contractor. Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.
C. Consultation
The Contractor shall designate representatives in its organization who shall be available periodically to the Engineer for consultation.
This consultation shall include preparing cost estimates for replacement of obsolete equipment, system modifications and maintenance work for which specific service fees have not been established in this contract; and technical explanations of functional and operational characteristics of the signals.
1.05 TRAFFIC SIGNAL MAINTENANCE – ADDITIONAL INFORMATION AND
PROTOCOL
A. Maintenance Records
Contractor shall maintain an inspection and maintenance log to be kept in each controller cabinet using a form approved by the Engineer and shall maintain records as described herein.
A printout of the signal control database shall be kept in each controller cabinet. Timing changes shall be indicated on the printout. Only the Engineer shall authorize timing changes except that the Contractor may make changes required on a temporary basi s due to maintenance operations or to maintain a satisfactory signal operation when there is a detection failure.
A work order form approved by the City shall be filled out each time the Contractor performs maintenance work which is out of the scope of Normal Maintenance. After completing the form, the Contractor’s signal maintenance supervisor shall review the work performed, initial the form, and send a copy of the completed form to the Engineer. The originals shall be kept on file in the Contractor’s office.
The Contractor shall provide a computerized database capable of storing all service calls and inspection and maintenance activities performed under the contract. A digital monthly report generated from the database shall be sent to the City with the monthly invoice. The report must identify each activity by the date and time, location, nature of the problem, work done, and whether the activity is part of the routine maintenance, service calls, or related to accident, vandalism or specifically authorized wor k. No payment will be made without submittal of the report.
B. Light Emitting Diode (LED) Signal Faces
All traffic signal faces in Foster City are LED’s. All pedestrian signals are LED countdown.
The LED traffic signal faces shall comply with current ITE Caltrans specifications. As part of Normal Maintenance, all LED traffic signal faces will be replaced upon failure or when the luminosity does not meet the minimum requirements as outlined in Secti on 86-1.02R(4)(b) LED Signal Modules of the current California Department of Transportation Standard Specifications. The Contractor may, at Contractor’s expense, maintain records and claim any manufacturers’ refund that may be applicable under the LED manufacturer’s warranty.
C. Signal Turn-off and Signal on Flash
The Contractor shall immediately notify the City’s Police Department and the Engineer of any signal turn-offs or signal on flash necessitated by their operation. Signal turn- off of any duration and signal on flash operation in excess of fifteen (15) minutes must be first authorized by the Engineer or the Police Department.
D. Spare Equipment
The Contractor shall maintain adequate storage and shop facilities and sufficient stock of spare parts and signal equipment to affect maintenance to the signals. The Contractor shall maintain at least one fully tested standby controller that is compatible with the City’s system, and one other fully tested standby controller that is compatible with Caltrans’ system. Any City furnished equipment shall remain City -owned and shall be returned to the City as soon as practical.
E. Salvaged Equipment
The Contractor shall deliver any salvaged or salvageable equipment or material to the location in the City as designated by the Engineer. Any material or equipment declared non- salvageable by the Engineer shall be disposed of properly by the Contractor.
1.06 PROPOSAL ITEM III – ROUTINE STREET LIGHT MAINTENANCE AND PROPOSAL ITEM IV – ROUTINE PARKS & CITY PROPERTY LIGHT
MAINTENANCE
Not used.
1.07 PROPOSAL ITEM V – ON-CALL STREET LIGHT MAINTENANCE AND PROPOSAL ITEM VI – ON-CALL PARKS & CITY PROPERTY LIGHT
MAINTENANCE
A. Normal Maintenance
The Contractor shall investigate and determine the corrective requirements for each reported malfunction, failure or outage of the street lights and parks & city property lights. The Contractor shall restore or replace equipment and components that have failed, deteriorated or malfunctioned from the normal operation of the street lighting system and parks & city property lighting.
This equipment and components shall include, but are not limited to the following elements: Lamps, sockets, ballasts, starters, photoelectric cells, fuses, fuse holders, wiring inside the pole, and incidentals.
B. Replace Light Fixture
This work includes all labor, equipment and materials required for the replacement of a boulevard or residential street light, Parks, or city property light standard that has been knocked down or damaged as the result of an accident. The City will supply t he street light standard, and mast arm as required. Components such as mast arms and luminaires that are undamaged may be re-used at the direction of the Engineer. The Contractor shall pick up the City supplied material from the Corporation Yard on East Third Avenue or re- use existing undamaged components and install the street light standard, mast arm and luminaires to the original condition complete in place and operational. Contractor, at own cost, shall place barricades, clean up debris, properly dispos e of all damaged components.
The Contractor shall supply all lamps, fuses, fuse holders, photoelectric cells, conductors and incidentals required to restore the street light to working condition. No new foundations are included for this work.
C. Response and Service
The Contractor shall provide response and service on a 24-hour per day, 7- day per week basis. Immediate action shall be taken to safeguard the public any time a street light, Parks, or city property light becomes partly or totally inoperative from any cause whatsoever. The maximum response times shall be as follows:
a. Emergency Service – Two (2) Hours
b. Outages and Malfunctions – Seventy-Two (72) Hours
Emergency Services shall include cleanup of debris due to accidents, installation of barricades and/or signs and leave area in safe condition.
Final repairs and maintenance shall be completed as soon as possible and in all cases in no less than twenty-one (21) calendar days, unless extended in writing by the Engineer.
Failure to meet the response time requirements by the Contractor shall be sufficient cause for the Engineer to authorize work to be completed by others and deduct the costs of said work from payments due the Contractor.
Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.
1.08 STREET LIGHT MAINTENANCE AND PARKS & CITY PROPERTY MAINTENANCE– ADDITIONAL INFORMATION AND PROTOCOL
A. Maintenance Records
The Contractor shall provide a computerized database ( Monthly Survey Log) capable of storing all service calls, and inspection and maintenance activities performed under the contract. A monthly report generated from the database shall be sent to the City with the monthly invoice. The report must identify each activity by the date and time, location, nature of the problem, work done, and whether the activity is part of the routine maintenance, service calls, or related to accident, vandalism or specifically authorized work. No payment will be made without submittal of the report.
Separate Monthly Survey Log shall be kept for both Street Lighting and for Parks & City Property Lighting.
B. Salvaged Equipment
The Contractor shall deliver any salvaged or salvageable equipment or material to the location in the City as designated by the Engineer. Any material or equipment declared non- salvageable by the Engineer shall be taken from the City and disposed of properly by the Contractor at Contractor’s cost.
1.09 PROPOSAL ITEM VII – MATERIALS MARKUP FOR EXTRA WORK – Required for All Awarded Contractors
For any required extra work, the markup will be a set percentage.
1.10 NOT USED IN SECTION
1.11 EXTRA WORK
Compensation for Extra Work, work not covered in the Proposal Schedule, shall be billed at “Straight Time” rate unless overtime is authorized by the Engineer or the work is performed in an emergency situation. During an emergency situation, only such work shall be done as to alleviate the emergency situation. All non- emergency work shall be done during normal business hours. A separate itemized invoice, indicating the actual labor (hours per employment classification), material, equipment units used, and applicable rates, shall be prepared for work hereunder.
Where the work involved an item included in the unit price schedule the unit price therefore shall prevail.
1.12 INSPECTION OF NEW OR MODIFIED SIGNAL SYSTEMS
When the City accepts new traffic signal systems into service, they will be included in the contract at the applicable lump sum cost for preventive and normal maintenance and at proposed unit rates for other maintenance as for existing signals, commencing on the date of acceptance of the traffic signal work. The Contractor shall, upon notification by the Engineer, immediately commence servicing such signals. New signals are covered by the installing Contractor’s material and workmanship warranty for one year after acceptance. Where parts or material become defective during this warranty period, the Contractor shall notify the Engineer so that the warranty may be exercised. The City shall be responsible for exercising maintenance and replacement covered by warranty. At expiration of warranty, servicing of signals shall be performed in accordance with these specifications.
TECHNICAL REQUIREMENTS
TRAFFIC SIGNAL SYSTEM
1.01 DESCRIPTION
Unless otherwise stated, all signal work and signal equipment shall conform to the latest edition of Sections 86-87 “Electrical Work” and “Electrical Systems” of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation.
1.02 DETECTORS
Detector units shall be shelf -mounted, single channel Intersection Development Corporation (IDC) Model 910A or Model 913A (if delay and extension are required) or approved equal.
1.03 DETECTOR LEAD-IN CABLE & SPLICES
Detector lead-in cable for each set of loops shall be run separately and without splicing from the pull box to the controller cabinet. Pull boxes for loop wire/DLC splice shall normally be placed between second and third loops and be similar to Caltrans Curb Termination Type-A. Detector lead-in cable shall be Type B.
Splices between loop wire and DLC shall be double insulted with heat shrink tubing after thoroughly cleaning, soldering and painting the spliced conductors with electrical insulating coating.
1.04 INDUCTIVE LOOPS
Stop Bar Loops: For new or modified construction there shall be one DLC and one detector amplifier for each traffic lane. For each through lane there shall be one “D” type loop (closest to stop bar) and three “A” type loops. For each left turn lane there shall be one “D” type loop (closest to stop bar) and three “A” type loops.
Advance Loops: For new or modified construction there shall be one DLC and one detector amplifier for each traffic phase. There shall be one “A” type loop for each traffic lane. Loop wire for shall be Type 2 for all loop installations.
1.05 CONDUIT
Conduit to be installed underground and in foundations shall be Schedule 40 non- metallic type. Where metallic conduit already exists, a non- metallic (PVC) transition coupling shall be used between metallic and non-metallic conduit.
When rigid non- metallic conduit is placed in a trench (not under pavement or concrete sidewalk), after bedding material is placed and conduit is installed, the trench shall be backfilled with commercial quality concrete. This concrete shall contain not less than 376 pounds of cement per cubic yard, to not less than four inches (4") above the conduit before additional backfill material is placed.
After conductors have been installed, the ends of the conductor terminating in the pull boxes and shall be sealed with the approved type of sealing compound.
1.06 LED SIGNAL FACES
LED signal faces shall comply with current ITE Cal -Trans Specifications, and Section 86-1.02R(4)(b) LED Signal Modules of the current California Department of Transportation Standard Specifications. Vehicle signal faces shall be 12” diameter RX11 modules or approved equal.
1.07 LUMINAIRES
Intersection safety lighting luminaries shall be CREE -XSP or BETA LED’s or approved equal.
1.08 PULL BOXES
Pull boxes shall be Caltrans Type 3½, 5 or 6 depending on application and location.
The cover shall be marked with the appropriate application, i.e. “Traffic Signal”, “Interconnect”, and “Electrical” etc. Six -inch (6”) deep drainage rock shall be placed in the bottoms of all new pull boxes. Grout shall not be used.
1.09 LED INTERNALLY ILLUMINATED STREET NAME SIGNS
Unless stated otherwise, signs shall conform to Caltrans Standard Specification 87-4 Internally Illuminated Street Name Signs and be of Type A double face standard depth six (6) feet long.
Each sign shall be fitted with an integral photoelectric control unit and a photoelectric cell.
Mounting brackets shall be a free- swinging assembly. Pelco free-swinging mounting bracket assembly or approved equal.
Each sign shall have two (2) safety cables fitted, one at each mounting bracket.
The safety cables shall be 7 x 19 strand stainless steel and connected with a stainless steel pressure clamp. The safety cable shall be threaded beneath the lower mounting assembly Hinge Rod and looped over the signal mast arm leaving 1 to 2 inches of slack when connected.
Each sign shall have two (2) panels i.e., double face. The panels shall be translucent high impact resistant, glass fiber reinforced acrylated resin.
Background color shall be Interstate Blue as furnished by Kruger/Russ Agency, or approved equal with 8” upper and 6” lower case Series C letters.
Electrical service to IISNS shall be on a separate metered circuit and shall be 120V, 1P with a 15A breaker at the service cabinet.
1.10 PEDESTRIAN PUSH BUTTON
Pedestrian push buttons shall be weatherproof and ADA compliant. All pedestrian push-buttons shall be “accessible” type push buttons, and shall conform to the requirements in Section 86-1.02T “Accessible Pedestrian Signals” and Section 86-
1.02U “Push Button Assemblies” of the Standard Specifications and to Sections 4E.08 “Pedestrian Detectors” and 4E.09, “Accessible Pedestrian Signals and Detectors” in the California Manual on Uniform Traffic Control Devices, latest edition.
1.11 LED PEDESTRIAN COUNTDOWN
Pedestrian signals shall be the Light Emitting Diode (LED) type pedestrian signal, conforming to the requirements in Section 86- 1.02S(3)(c) “LED Countdown Pedestrian Signal Face Modules” of the Standard Specifications and Section 4E of the California Manual on Uniform Traffic Control Devices. Pedestrian Signal Faces shall be a single section with the “Upraised Hand” and “Walking Person” overlain on the left of the pedestrian signal face, and the “Countdown” on the right of the pedestrian signal face.
1.12 RECTANGULAR RAPID FLASHING BEACON
The Solar Powered Rectangular Rapid Flashing Beacon (RRFB) Crosswalk System shall be by Traffic & Parking Control Company, Inc.(Tapco) or approved equal. The system shall conform to all provisions of the MUTCD, Interim Approval IA-21.
Components for a solar powered Warning RRFB Crosswalk System include:
RRFB Light Bars Warning Assemblies, XAV Talking Push Buttons, Solar Panels, and Solar Powered Control Cabinets with Flash Controllers, Wireless Transceivers, and Batteries. Mounting Hardware and Optional Pole Package.
The flashing beacon shall have a back-to-back Vehicle LED modules rectangular rapid flashing beacons with side-emitting pedestrian LED modules on both ends.
The XAV2-LED Push Button shall have a R10-25 sign. Control Cabinets in the Crosswalk System shall be synchronized by BlinkerBeam® Wireless Transceivers or approved equal.
The side mounted controller enclosure shall be a NEMA 3R rated aluminum enclosure and no greater than 15-inches tall, 12-inches wide, and 10-inches deep.
Signposts for flashing beacon system shall be 4 ½” O.D. round aluminum poles with thread bottom per Tapco Heavy Duty Pole Package or approved equivalent complying with Caltrans Standard Plans.
1.13 DYNAMIC SIGNAGE AT EDGEWATER AND SHELL
The dynamic blank-out signs will be activated using the special function output controls of the City’s traffic signal controllers (CUBIC-Trafficware) to drive the traffic signal cabinet load switches and power the signs (120V).
International symbols shall be Red Circle / Slash with White Left/U-Turn Combinations. U-Turn international symbols and text shall be White. All text messages shall be White color. The use of full matrix boards with programmed fixed messages is acceptable.
A minimum of two rows of LEDs shall be used for all text. A minimum of three rows shall be used for all international symbols to provide “filled” elements.
Pelco astro-brackets used for sign mounting.
System includes:
(2) 24”x24” U-Turn (Symbol) ONLY signs, White symbol and Text (4) 24”x24” Red Color X signs
(2) 36”x36” No Left Turn (symbol) 4PM-7PM signs
(2) 36”x36” No Left or U-Turn “symbol” 4PM-7PM signs
(2) 36”x72” No Left Turn (symbol) with NO LEFT TURN 4PM-7PM signs. Max Size of 36”x72”.
(2) 36”x72” No Left or U-Turn (symbol) with NO LEFT OR UTURN 4PM-7PM signs. Max Size of 36”x72”.
(18) Pelco Astro-brackets
* END OF SECTION *
TECHNICAL REQUIREMENTS
STREET LIGHT SYSTEM
1.01 DESCRIPTION
Unless stated otherwise all street lighting work shall conform to the latest edition of Sections 86- 87 “Electrical Work” and “Electrical Systems” of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation or City of Foster City Standard Plans, Specifications, rules, regulations and ordinances.
1.01 BOULEVARD STANDARDS
STANDARD
Boulevard standards shall be round tapered steel, thirty (30) feet in high conforming to the City of Foster City Standard Plan ( Double Arm or Single Arm Electrolier & Foundation Details) and shall be Union Metal Corp type or approved equal. The shaft of the pole shall be fabricated from the best grade, hot rolled basic open-hearth steel. The shaft shall have only one longitudinal, electrically welded join, and shall have no intermediate horizontal joints or welds. One length of steel sheet shall be used, which shall be formed into a continuously tapered shaft. After forming and welding, the tapered shaft shall be cold rolled. Poles shall have handholes at the base with tamper proof covers. The anchor base shall be one piece cast steel, and shall be secured to the lower end of the shaft by means of arc welding. The base shall be provided with holes for anchoring, ventilation, and for attaching covers. Cast iron covers shall be provided for each base.
MAST ARMS
Mast arms shall be specified as double or single and shall conform to the City of Foster City Standard Plan ( Double Arm or Single Arm Electrolier & Foundation Details) and shall be Union Metal Corp type or approved equal. The mast arms shall consist of two (2) inch I.P.S. steel pipe tapered to an elliptical shape at the pole attachment end. The pole end of the arm shall be provided with a welded steel fitting. The arm shall be secured to the pole by cap screws, and the pole connection shall be weather resis tant. The connection shall be provided with smooth inside surfaces suitable for wiring.
PAINTING
The pole shaft, mast arms, and anchor base shall be hot dipped galvanized.
Before installation, one sprayed coat of American Marine Paint Company Epoxy Paint # S -3392, or equal, Catalyzed Red Primer, 3- mil dry thickness shall be applied. After installati on, one sprayed finish coat of American Marine Paint Company Epoxy Paint # S -3518 “Foster City Blueprint Blue” Epoxy Gloss Catalyzed Paint, 3-mil thickness shall be applied, or as directed by Engineer.
Poles #5016-#5076 on Beach Park Boulevard, from approximately Teal Street to Halibut Street, shall be hot-dipped galvanized to ASTM 123 and primed with high build epoxy primer finish with power coat RAL9004 black.
1.02 BOULEVARD LUMINAIRES
Boulevard LED’s shall be CREE-XSP or BETA LED’s or approved equal. They are 60, 70 and 80 LED’s.
1.03 RESIDENTIAL STANDARDS
Residential standards shall have a pole shaft four inch square, galvanized steel, twenty (20) feet in height, with a six inch arm conforming to City of Foster City/Estero Municipal Improvement District Standard Plans. The pole shall be fabricated from United States 11 gauge hot rolled commercial quality carbon steel with a minimum yield strength of 55,000 psi. Construction is to be one piece with a full longitudinal high frequency cross section with flat sides, radius corners and no taper. The pole is to be hot dipped galvanized per ASTM 123. The top of the pole shall be drilled to accept arm mount fixture. The anchor base is to be fabricated from a structural quality, hot rolled carbon steel plate with a minimum yield strength of 36,000 psi. The base plate shall telescope the pole shaft and shall be circumferentially welded top and bottom. The base plate shall be provided with slotted bolt holes to rotate the pole plus or minus 5 degrees for row alignment of shaft. Base plate and pole shall be hot dipped galvanized per ASTM 123.
Each installation shall include a full base cover. The base cover is to be fabricated from United States standard 11 gauge, hot rolled commercial quality carbon steel hot dipped galvanized per ASTM 123. It is to be a two piece cover secured together with two stainless steel hex head screws. The cover shall conceal the entire base plate and anchorage.
Each pole shall include a removable steel top plate to allow for luminaire arm attachment. The top plate shall be hot dipped galvanized per ASTM 123 and shall be held in place with a stainless steel hex head screw.
1.04 RESIDENTIAL LUMINAIRES/LAMPS
Residential Luminaires shall be Beta LED or approved equal. They are 20 and 40 LED’s.
1.05 BALLASTS
The ballasts shall be Autoreg and operate a 100 watt, 150 watt 200, or 250 watt LED lamp within ANSI trapezoidal limits and have the same wattage rating as the lamps the luminaire is designed for. Ballasts shall be Multivolt (120/208/240/277), and operate on a – 5% line voltage drop, and be Hi Power Factor rated.
1.06 STRATERS/STARTING AIDS
Starter shall accept NEMA quick disconnect terminals. Starting aids shall be designed to provide the electrical characteristics recommended by lamp manufacturers and have the same wattage rating as the lamps the luminaire is designed for.
1.07 PHOTOELECTRIC CELLS & ASSEMBLY
The photoelectric cell shall be a twist lock type enclosed in a weatherproof high impact butyrate protective housing and 1000 Watt high factor rated. It shall be UL listed and meet all applicable NEMA standards. The photoelectric assembly shall conform to Caltrans Standard Specification.
1.08 CONDUIT
Conduit to be installed underground and in foundations shall be Schedule 40 non- metallic type. Where metallic conduit already exists, a non- metallic (PVC) transition coupling shall be used between metallic and non-metallic conduit.
When rigid non- metallic conduit is placed in a trench (not under pavement or concrete sidewalk), after bedding material is placed and conduit is installed, the trench shall be backfilled with commercial quality concrete. This concrete shall contain not less than 376 pounds of cement per cubic yard, to not less than four inches (4") above the conduit before additional backfill material is placed.
After conductors have been installed, the ends of the conductor terminating in the pull boxes and shall be sealed with the approved type of sealing compound.
1.09 HARDWARE
All Mounting hardware, both external and internal, shall be made of stainless steel.
This shall include but is not limited to all nuts, bolts, screws, hinges and other manufactured fasteners. The Contractor shall supply all hardware necessary to mount each luminaire on galvanized steel pole.
1.11 PULL BOXES
Pull boxes shall be Caltrans Type 3½, 5 or 6 depending on application and location.
The cover shall be marked with the appropriate application i.e. “Street Lighting”, “Electrical” etc. Six-inch (6”) deep drainage rock shall be placed in the bottoms of all new pull boxes. Grout shall not be used.
* END OF SECTION *
EXHIBIT B
FEE SCHEDULE
COMPENSATION
A. ROUTINE PROPOSAL ITEMS (Items I, III, and IV)
Not Used.
B. ON-CALL PROPOSAL ITEMS (Items II, V, VI)
Compensation for on-call maintenance work included in Proposal Items II, V, and VI shall be made on an as-completed basis with the submission of maintenance record logs. Equipment and components shall be paid per unit price as included in the Proposal Schedule. Invoices shall be submitted for payment when the work is completed and operational.
Proposal Items II and V are administered by the Foster City Public Works Engineering Department and therefore, the invoice shall be submitted to Foster City Public Works Engineering Department.
Proposal Item VI is administered by the Foster City Parks and Recreation Department and therefore, the invoice shall be submitted to Foster City Parks and Recreation Department.
C. COST OF LIVING ADJUSTMENT
At the end of each fiscal year, the unit rates included in the proposal may, upon Contractor or City request, be increased or decreased in direct proportion to the increase or decrease in the Consumer Price Index (CPI) for the past year (June to June). Th e CPI shall be the San Francisco/Oakland Consumer Price Index for all urban wage earners. The Contractor shall submit to the Engineer a revised unit price schedule and supporting CPI information for any requested changes.
D. MATERIAL COST ESCALATION
Material cost increases of 1 0% or greater may be billed to the City with supporting vendor documentation attached to the Contractor invoice.
Contractor is responsible for requesting and demonstrating material cost escalations.
E. WAGES PAID TO CONTRACTOR’S WORKERS
Pursuant to California Labor Code Article 2, Wages, Section 1770 et seq., the work described herein is a “public work” as defined by this Article of the Labor Code and requires payment of prevailing wages pursuant to Labor Code Section 1771. Contractors are advised to familiarize themselves with this provision and with Department of Industrial Relations opinions and interpretations relative to traffic signal maintenance. Failure to comply with Labor Code Article 2, Wages, of the Labor Code may result in imposition of statutory penalties enumerated in Labor Code Section 1775.
The Scope of Work includes on-call work (Proposal Items II, V, and VI). On-Call work will be performed on an as-needed basis as directed by the City. The annual compensation to CONTRACTOR will be the actual cost of non-routine work based on the unit prices listed below.
Under no circumstance shall this annual total amount exceed $100,000.00, unless this Agreement is amended to include additional compensation.
PROPOSAL
ITEM No.
DESCRIPTION
ANNUAL
UNIT UNIT
PRICE
TOTAL ANNUAL
AMOUNT
II.
On-Call Traffic Signal Maintenance ♦♦
1. Single ‘A’ type loop - Each $600.00 -
2. Single ‘D’ type loop - Each $650.00 -
3. 4 loop system (1D & 3A) - Each $2,450.00 -
4. Back Plate (all types) - Each $357.00 -
5. Visor - Each $100.00 - -
6. Cabinet Fan - Each $167.00 -
7. Pedestrian Push Button (non-APS) - Each $372.00 -
8. APS Pedestrian Push Button Assembly - Each $853.00 -
9. LED Ped Countdown - Each $363.00 -
10. #200 Load Switch - Each $142.00 -
11. #204 Flasher Load Switch - Each $142.00 -
12. #222 Detector - Each $252.00 -
13. 12” LED Red Ball - Each $201.00 -
14. 12” LED Red Arrow - Each $201.00 -
15. 12” LED Amber Ball - Each $201.00 -
16. 12” LED Amber Arrow - Each $201.00 -
17. 12” LED Green Ball - Each $201.00 -
18. 12” LED Green Arrow - Each $201.00 -
19. Traficon Video Camera - Each $3,822.00 -
20. Video Surge Suppressor - Each $543.00 -
21. FLIR TrafiSense Thermal Detection
Camera - Each $9,819.00 -
22. Power Supply - Each $572.00 -
V. On-Call Street Light Maintenance ♦♦
Replace Street Light Standard - Each $2,520.00 -
VI.
On-Call Parks and City Property Light Maintenance ♦♦
Replace Parks Light Standard - Each $2,520.00 -
Replace City Property Light Standard - Each $2,520.00 -
VII.
Materials Markup and Sales Tax for Extra Work ♦♦
Materials Markup for Extra Work - % 10.0 % -
Sales Tax for Materials Related to Extra
Work - 9.375% 9.375% -
AWARD AMOUNT – ON-CALL ITEMS (II, V, VI, VII) $ 100,000.00 In the event that the CITY requires additional work not included in the on-call related items in Proposal Items I - VI, the City may amend this Agreement to include additional work, which shall be valued according to the following equipment and labor rates, in addition to the markup and sales tax adjustments provided in Proposal Item No. VII.
Equipment and Labor for Extra Work
VIII. Equipment for Extra Work
Labor for Extra Work
Job Classification shall be the classification that reflects the Contractors work crew to be used to perform the type of work generally described herein and shall be a classification that is either as listed or one that most closely approximates the classification listed herein.
End Exhibit B
EQUIPMENT
UNIT UNIT
PRICE
1. Utility Vehicle Hour $ 35.00
2. Boom/Bucket Truck Hour $ 35.00
3. Dump Truck Hour $ 30.00
4. Excavator Hour $ 45.00
5. Compressor Hour $ 25.00
6. Utility Vehicle Day $ 105.00
7. Boom/Bucket Truck Day $ 105.00
8. Dump Truck Day $ 90.00
9. Excavator Day $ 135.00
10. Compressor Day $ 75.00
EXHIBIT C
INSURANCE FORMS
CONTRACTOR shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.
This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 1, 2026, by and between Bear Electrical Services, LLC, hereinafter referred to as "Contractor”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.
1. Contractor's Duty to Show Proof of Insurance. Contractor , in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Contractor 's acts, errors, or omissions in connection with the performance of Contractor's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Contractor shall not perform any work under this Agreement until Contractor has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of ins urance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on t he certificate. Upon request, Contractor shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Contractor shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certi ficates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Contractor shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the submission of any claim by Contractor or City as an additional insured.
1.1 Insurance Requirements
☒ Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false ar rest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Contractor's performance of services under this Agreement. The Comm ercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Contractor shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1 ,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ The City of Foster City and Estero Municipal Improvement District, its elected and appointed officials, employees, volunteers, and agents ”. 30 ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least one million dollars ($ 1,000,000) each occurrence.
☒ Workers' Compensation Insurance
Contractor shall submit written proof that Contractor is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.
Contractor shall require any Subcontractor s to provide workers' compensation for all of the Subcontractors' employees, unless the Subcontractor s' employees are covered by the insurance afforded by Contractor. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Contractor shall provide and/or require each Subcontractor to provide adequate insurance for the coverage of employees not otherwise covered. Contractor shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.
1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Contractor, at Contractor's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
2. City as Additional Insured
On Contractor's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
3. Insurance terms and conditions:
3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Contractor shall be maintained until the completion of all of Contractor 's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Contractor shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Contractor in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Contractor shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled,
31 non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.
3.3 If Contractor is, or becomes during the term of this Agreement, self -insured or a member of a self-insurance pool, Contractor shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Contractor is equivalent to the above-required coverages.
3.4 For any claims related to the Agreement, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, e mployees, or volunteers shall be excess of the Contractor ’s insurance and shall not contribute with it.
3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Contractor for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6 Failure by Contractor to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Contractor. City, at its sole option, may terminate this Agreement and obtain damages from Contractor resulting from said breach.
Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City shall deduct from sums due to Contractor any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Contractor pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Contractor agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Contractor of its obligation to obtain and maintain the insurance coverages required by this Agreement.
3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general a ggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.
3.8 City may (but is under no obligation to) secure project -specific insurance, wrap- up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Contractor and its subcontractors shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Contractor's fees under this Agreement (and the fee of its subcontractors under subcontractor agreements) shall be reduced by the amount of insurance premiums that may be avoided by Contractor and its subcontractors by virtue of the City's obtaining the project -specific insurance, wrap- up insurance or administering an OCIP, and the exclusion of this project from coverage of Contractor's and subcontractor s policies.
Construction Manager and its subcontractor s shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.
ATTACHED
1. Insurance Coverage Form
32 EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability : the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additio
nal Insured, its elected or appointed
officers, officials, employees or volunteers.
Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.
Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS : Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
33 WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)
ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
LakesideDrChessDrVintge PkDra Gull AveMarlinTriton Dr
AltairAve
BridgepointePwky
Catamaran St
Pitcairn DrBaffin St
Crane AveBeach Park Blvd
Ave
Port Royal Ave
E. Hillsdale Blvd
East Third AveMariners Isl Blvd
MetroenterEdgewaterBlvd
BakerWayComet DrPolynesia DrBalclutha DrFosterCity Blvd Beach Park BlvdBountyDr
Boothbay Ave
Blvd
Chess Dr
Shell BlvdC.ParkLn
No ScaleMarsh Dr
CPolaris Ave
92 92
CITY OF FOSTER CITY, CALIFORNIATRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)TRAFFIC SIGNAL LOCATIONSATTACHMENT 1 2354
678
911
12 131415161718192021
22 232425
26 2728
30 29
110
31 XXXX--- L E G E N D ---Camera Detection SignalLoop Detection SignalExisting Interconnect Cable No.LocationDetection4325678910111213
BackupPower1E. Hillsdale Blvd & Foster City BlvdE. Hillsdale Blvd & Shell BlvdE. Hillsdale Blvd & Center Park LnE. Hillsdale Blvd & Edgewater BlvdE. Hillsdale Blvd & Altair AveVideoVideoVideo/LoopsVideo/LoopsVideoBatteryBatteryMetro Center Blvd & Shell BlvdMetro Center Blvd & Vintage Park DrEdgewater Blvd & Metro Center BlvdFoster City Blvd & Metro Center BlvdE. Hillsdale Blvd & Pilgrim DrMetro Center Blvd & State Route 92Edgewater Blvd & State Route 92Fire Station Emergency SignalBatteryBatteryBatteryBatteryBatteryBatteryVideoVideoLoopsLoopsLoopsVideoVideo17161518192022232425 14Chess Dr & Vintage Park DrChess Dr & State Route 92Foster City Blvd & Chess DrFoster City Blvd & E. Third AveVideoVideoVideoBatteryBatteryE. Third Ave & Marsh DrE. Third Ave & Lakeside DrEdgewater Blvd & Beach Park BlvdFoster City Blvd & Bounty DrFoster City Blvd & Balclutha DrShell Blvd & Recreation CenterBatteryBatteryBatteryBatteryBatteryLoopsVideoVideoLoops21E. Third Ave & Mariners Island BlvdVideoBatteryLoopsLoopsVideoVideoBatteryBatteryBatteryBatteryFoster City Blvd & Vintage Pk Dr/Chess Dr PPBArmsMastIncanLED BallLED ArrowPed HeadsIISNSSignal Section LightsCountdown88888888 6286_
TRAFFIC SIGNAL INVENTORY
864856668888
4424444443425424333444444
______________________
36362736303636363336383627363030332724303639304242
2424624202424193012_342124202620109182016201212
688888886_682864844448888
443444444444_444444424433
1. EXCEPT INTERSECTIONS 22-25 AND 28-31, INTERSECTIONS ARE CONNECTED TO THE CENTRAL SYSTEM BY INTERCONNECT.NOTES:3. INTERSECTIONS 24 & 25 ARE CONNECTED TO THE CENTRAL SYSTEM VIA RADIO TO INTERSECTION 23.4. EXCEPT AS NOTED, ALL INTERSECTIONS ARE EQUIPPED WITH NAZTEC TS2 TYPE 2 CONTROLLERS.2. INTERSECTIONS 22 & 23 ARE CONNECTED TO THE CENTRAL SYSTEM BY TELEPHONE.6. THE FIRE STATION EMERGENCY SIGNAL IS EQUIPPED WITH A TRACONEX 390 CONTROLLER.7. ALL INTERSECTIONS HAVE ALL-WAY EMERGENCY VEHICLE PREEMPTION SYSTEMS INSTALLED.
Vehicle
5. INTERSECTIONS 26 & 27 ARE EQUIPPED WITH NAZTEC TS2 TYPE 1 CONTROLLERS WITH ETHERNET AND USB. 27E. Third Ave & Lincoln Centre DrVideoBattery43_2444326Vintage Park Dr & Lakeside DrVideoBattery84_361284
8. INTERSECTIONS 22, 26, & 27-31 ARE EQUIPPED WITH APS PEDESTRIAN PUSH BUTTONS. ___
CITY OF FOSTER CITY, CALIFORNIATRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)TRAFFIC SIGNAL INVENTORYATTACHMENT 2
9. THERE ARE 14 LEFT TURN RESTRICTION DYNAMIC SIGNAGE AT INTERSECTIONS 2 & 4. 28293031E. Hillsdale Blvd/Beach Park Blvd & Gull AveShell Blvd & Beach Park BlvdFoster City Blvd & Polynesia DrEdgewater Blvd & Port Royal AveVideoVideoVideoVideo824BatteryBatteryBatteryBattery888____2443 3244881624363912883612 ______
LakesideDrChessDrVintge PkDra Gull AveMarlinTriton Dr92 AltairAve
BridgepointePwky
Catamaran St
Pitcairn DrBaffin St
Crane AveBeach Park Blvd
Ave
Port Royal Ave
E. Hillsdale Blvd
East Third AveMariners Isl Blvd
MetroCenterEdgewaterBlvd
BakerWayComet DrPolynesia DrBalclutha DrFosterCity Blvd Beach Park BlvdPolaris Ave
BountyDr
Boothbay Ave
Blvd
Chess Dr
Shell Blvd
No ScaleMarsh Dr
4321
879 101112131415161. Community Center2. Library3. Police Dept.4. Fire Dept.5. City Hall6b. Corp Yard Employees7. Catamaran Park8. Sea Cloud park9. Ryan Park10. Constitution Walkway11. Pilgrim Walkway12. Killdeer Park13. Turnstone Park14. Shad Park15. Sunfish Park16. Boat/Bark Park Park & City PropertyLight LocationsCivic Center Dr
6a. Corp Yard
6a6b
5 CITY OF FOSTER CITY, CALIFORNIATRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)PARKS & CITY PROPERTY LIGHT LOCATIONSATTACHMENT 3 1*2
16 56a6b789101112131415
No. & 150w250w400w100w175w250wMetal HalideHPS
-----------------------------33
----4--27----240
79 ---910-9-----
199TOTAL
1217621
-------------37836
-----
--65886
528-----
------
---
(See Attachment 3)3 -----
---------
35 MH In Ground=Red Poles Near Tennis Courts=
PARKS & CITY PROPERTY LIGHT INVENTORY
-
4 400w-8-----
8---------
-------4
-----
--4-
CITY OF FOSTER CITY, CALIFORNIATRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)PARKS & CITY PROPERTY LIGHT INVENTORYATTACHMENT 4 *Community Center, formerly known as Recreation Center, is under construction at the time of the 2025-2028 Traffic Signal & StreetLight Maintenance RFP. Construction is anticipated to be complete FY2026-2027. Lighting fixture quantities are an estimate. ** For 72w input, the input is 36w per zone Other518-
23 -----
---------
LEDLocation25w38w72w**120w
11 8-----
---------------
---------------
---------21-11
2111811
1000w-
CITY OF FOSTER CITY, CALIFORNIAATTACHMENT 5TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)BOULEVARD SINGLE-ARM ELECTROLIER & FOUNDATION NOTES:1. Foundation shall be constructed from Class A (6 Sack) PCC.2. Anchor Bolts shall be galvanized 1" dia, 40" long with a 4" hook.3. Pole shall be erected plumb and square.4. Top of foundation shall be finished and trimmed to adjacent curb or sidewalk grade. 30'-0"
8'-0"Upward Tilt
Hole/Slot1.13" x 1.69"Bolt Circle11"Pole BaseDiameter8" +0.06"POLE BASEDETAIL#3 Pull Box(Locate Adjacent to Pole for New andModified Installations)12
11.5""CREE-XSP" LED Series Fixtures
FOUNDATION CAGEDETAIL1.5'1.5'1.5'1.5'
4 - #5Rebar5 - #2 Rebarwith 18-InchLap at Splice
2.0'15' - #4 StrippedBare CopperGround Wire to bewithin bottom 3" ofconcrete footing andnot directly exposedto earth2.0" Sch 40PVC ConduitUse Cage in Foundation6' Long with 4 - #5 RebarVertical and Min. 5 - #2Rebar Horizontal per FoundationCage Detail4 - 1" Dia x 40" LongAnchor Bolts with4" Hook2.5'7.0'
5. Pole and Mast arm shall be manufactured by Union Metal Corptype, or approved equal; hot-dip galvanized steel.
CITY OF FOSTER CITY, CALIFORNIAATTACHMENT 6TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)BOULEVARD DOUBLE-ARM ELECTROLIER & FOUNDATION30'-0" 8'-0"Upward Tilt
NOTES:1. Foundation shall be constructed from Class A (6 Sack) PCC.2. Anchor Bolts shall be galvanized 1" dia, 40" long with a 4" hook.3. Pole shall be erected plumb and square.4. Top of foundation shall be finished and trimmed to adjacent curb or sidewalk grade.
Hole/Slot1.13" x 1.69"Bolt Circle11"Pole BaseDiameter8" +0.06"POLE BASEDETAIL#3 Pull Box(Locate Adjacent to Pole for New andModified Installations)12
11.5""CREE-XSP" LEDSeries Fixtures
FOUNDATION CAGEDETAIL1.5'1.5'1.5'1.5'
4 - #5Rebar5 - #2 Rebarwith 18-InchLap at Splice
2.0'15' - #4 StrippedBare CopperGround Wire to bewithin bottom 3" ofconcrete footing andnot directly exposedto earth2.0" Sch 40PVC ConduitUse Cage in Foundation6' Long with 4 - #5RebarVertical and Min. 5 - #2Rebar Horizontal perFoundationCage Detail4 - 1" Dia x 40" LongAnchor Bolts with4" Hook2.5'7.0'
5. Pole and Mast arm shall be manufactured by Union Metal Corp,or approved equal; hot-dip galvanized steel.
CITY OF FOSTER CITY, CALIFORNIAATTACHMENT 7TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)RESIDENTIAL ELECTROLIER & FOUNDATION20'-0" Cage Detail3- #2Rebar2'-6"4- #4Rebar
2 - #10ConductorsFusedConnectors
with 3" HookAnchor Bolts4-1/2" Dia x 12" LgPVC Conduit11/2" Sch 40Foundation Detail2'-9"Cover Plate &Handhole withAnchor BoltWashers at each2 Levelling Nuts & NOTES:1. Foundation shall be constructed from Class A (6 Sack) PCC.2. Anchor Bolts shall be galvanized 1/2" dia, 12" long with a 3" hook.3. Pole shall be erected plumb and square.4. Pole shall be KW SSP or approved equal; Square Non-Tapered Steel; hot-dip galvanized steel. 3" Thich1/2" River RunExposed AggregateBack of Sidewalk11/2" ThickMortar Pad 2'-0" Dia ConcreteFoundationFoundation CageWire to Anchor Bolts(See Detail Below) 2'-8"4-1/2" Dia x 12" LongAnchor Bolts with 3" Hookon 7" Dia Bolt CirclePlanSidewalkResidential ElectrolierBase Plate Cover 4" SquareShaft
Modified Installations)Pole for New and(Locate Adjacent to#31/2 Pull Box PVC Conduit11/2" Sch 401'-8"1/2" River RunExposed Aggregate Ground WireAttachment
15' - #4 Stripped Bare CopperGround Wire to be within bottom3" of concrete footing and notdirectly exposed to earth "CREE-XSP"LED SeriesFixtures